Date: 20011019
Docket: IMM-3799-01
Neutral citation: 2001 FCT 1141
Toronto, Ontario, Friday the 19th day of October, 2001.
PRESENT: Peter A.K. Giles, Esquire
Associate Senior Prothonotary
BETWEEN:
POORANACHANDRAN KURUNATHY
KAMALAVATHINI POORANACHANDRAN
Applicants
-and-
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
GILES A.S.P.:
[1] Before an extension of time to file an application record can be granted an Applicant must inter alia excuse all delay and show the existence of an arguable case to leave.
[2] The delay here was one day caused by counsel's miscalculation of the last possible day for filing. I would ordinarily consider such a delay excusable if an arguable case had been shown. In an attempt to show the existence of an arguable case counsel has sent in a copy of the Applicant's record for which leave is sought. I question the propriety of sending in the very document for which leave is sought except in those cases where the wording of the document is at issue in the motion. I also question whether submitting 206 closely tight pages for the Court to search to find the existence of an arguable case is "showing" an arguable case.
ORDER
1. The motion is dismissed with leave to reapply within 14 days of the date of this order on better evidence.
"Peter A.K. Giles"
A.S.P.
Toronto, Ontario
October 19, 2001
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-3799-01
STYLE OF CAUSE: POORANACHANDRAN KURUNATHY
KAMALAVATHINI POORANACHANDRAN
Applicants
-and-
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
CONSIDERED AT TORONTO, PURSUANT TO RULE 369 OF THE FEDERAL COURT RULES 1998.
REASONS FOR ORDER
AND ORDER BY: GILES A.S.P.
DATED: FRIDAY, OCTOBER 19, 2001
WRITTEN SUBMISSIONS BY: Ms. Barbara Jackman
For the Applicants
Ms. Urszula Kaczmarczyk
For the Respondent
SOLICITORS OF RECORD: JACKMAN, WALDMAN & ASSOCIATES
Barristers and Solicitors
281 Eglinton Avenue East
Toronto, Ontario
M4P 1L3
For the Applicants
Morris Rosenberg
Deputy Attorney General
For the Respondent
FEDERAL COURT OF CANADA
Date: 20011019
Docket: IMM-3799-01
BETWEEN:
POORANACHANDRAN KURUNATHY
KAMALAVATHINI
POORANACHANDRAN
Applicants
-and-
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER