IMM-3758-96
B E T W E E N:
WANNA BUTPAENG
Applicant
- and -
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
GILES, A.S.P.:
The applicant herein seeks an extension of time within which to file a reply. Evidence is filed that part of the respondent's submissions served by facsimile was illegible and an additional copy had to be obtained. However, this failure of the facsimile machine does not appear to be the cause of the delay. It appears, that the reply could not have been filed in time, even if the facsimile machine had worked because the applicant's solicitor was out of the country for a month (more or less).
It is unlikely that such an absence would excuse a delay in filing. I also note, that the "arguable case" appears to depend on s. 70(5) of the Immigration Act, which may not constitute an arguable case.
However, counsel for the Minister has consented to the extension. In such a case, if one is reluctant to grant an extension, it is usual to ask counsel to appear. However, the document sought to be filed here, is a reply, and I believe it would take as much time to summon counsel to appear on this motion as it would to allow the application for leave to be considered.
ORDER
The time for serving and filing a reply is extended to June 6th, 1997.
"Peter A.K. Giles"
A.S.P.
Toronto, Ontario
May 28, 1997
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-3758-96
STYLE OF CAUSE: WANNA BUTPAENG
- and -
MINISTER OF CITIZENSHIP
AND IMMIGRATION
CONSIDERED AT TORONTO, ONTARIO UNDER THE PROVISION OF RULE 324.
REASONS FOR ORDER
AND ORDER BY: GILES, A.S.P.
DATED: MAY 28, 1996
SOLICITORS OF RECORD:
Mr. Steven Tress
Barrister and Solicitor
Suite 1720
180 Dundas Street West
Toronto, Ontario
M5G 1L8
Solicitor for the Applicant
George Thomson
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Court No. IMM-3758-96
Between:
WANNA BUTPAENG
Applicant
- and -
MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER & ORDER