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Date: 19980608


Docket: IMM-1007-98

BETWEEN:

     MONIR EDWARD ZAKI MIKHAIL

     and EVOUN ZAKI MIKHAIL,

     Applicants,

     - and -

     MINISTER OF CITIZENSHIP AND IMMIGRATION,

     Respondent.

     REASONS FOR ORDER AND ORDER

GILES, A.S.P.

[1]      The motion before me seeks an extension of time within which to file a reply. It is supported by an affidavit exhibiting the reply sought to be filed. In my view, filing of the reply as an exhibit to an affidavit when the reply cannot be filed without leave, is improper. In this case, the final page of the reply rejected by the registry, has relevance, and for that reason, I do not propose to strike the affidavit.

[2]      I note that in signing the reply sought to be filed, the agent lawyer purported to sign "per" the solicitors of record. "Per" is the latin for "by". Thus, we have the ink signature of the agent purporting to be signed by the typed name of the solicitor of record. It should have been a) ink signature "pro" (for), typed name or b) typed name "per" (by) ink signature. Where an agent with limited authority signs with or without revealing the principle, he may sign "ink signature per. proc." (or p.p.) followed in some cases by the name of the person for whom the agent is signing. The per. proc. usage, operates as notice of the limited authority of the agent and is not suitable for filings in the registry.

     ORDER

     The time for filing a reply is extended to the 19th of June, 1998.

                         "Peter A.K. Giles"

                                 A.S.P.

Toronto, Ontario

June 8, 1998

     FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

DOCKET:                          IMM-1007-98

STYLE OF CAUSE:                      MONIR EDWARD ZAKI MIKHAIL ET AL.

                             - and -

                             THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                            

CONSIDERED AT TORONTO, ONTARIO UNDER THE PROVISION OF RULE 369.

REASONS FOR ORDER AND

ORDER BY                          GILES, A.S.P.

DATED:                          JUNE 8, 1998

SOLICITORS OF RECORD:             

                             Mr. Aaron Weinstock

                             Newman, Weinstock

                             Barristers & Solicitors

                             3625 Duffering Street

                             Suite 201

                             Downsview, Ontario

                             M3K 1X2

                            

                                 For the Applicants

                              George Thomson

                             Deputy Attorney General

                             of Canada

                                 For the Respondent


                            

                             FEDERAL COURT OF CANADA

                                 Date: 19980608

                        

         Docket: IMM-1007-98

                             Between:

                             MONIR EDWARD ZAKI MIKHAIL ET AL.

     Applicants

                             - and -

                             MINISTER OF CITIZENSHIP AND IMMIGRATION

                        

     Respondent

                    

                            

            

                                                                                     REASONS FOR ORDER

                            


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