Date: 19980930
Docket: IMM-2686-98
BETWEEN:
XUE FANG ZHENG
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
GILES, A.S.P.:
[1] The motion before me was signed with the ink signature of D. Coulthard per Levine Associates which last was typewritten. Per means "by". I think D. Coulthard intended to sign for Levine Associates. The motion was supported by an affidavit of Diane Coulthard whose signature D. Coulthard appears to be identical with the one who signed the notice of motion. The representations were also signed in ink by D. Coulthard, apparently the same one, and again per Levine Associates.
[2] As well as being in breach of the common law of principle this matter of appearing on your own affidavit is now in breach of rule 82 which prohibits a solicitor from both deposing to an affidavit and presenting argument based on that affidavit.
[3] These facts were drawn to my attention by the respondent's motion record, and of course before reading that record I had read the applicant's motion record and had observed the dates relied upon by the respondent. That is to say the application record was due on June 28th, 1998. The failure to file it was discovered on July 23, 1998. Another six weeks went by before the motion now before me was presented. No attempt has been made to excuse this latter delay.
[4] Because there is some evidence of an arguable case I will dismiss this motion with leave to reapply on better evidence excusing all of the delay, if so advised.
ORDER
Motion dismissed with leave to reapply on or before October 19, 1998 with better evidence excusing the delay. If so advised.
"Peter A.K. Giles"
A.S.P.
TORONTO, ONTARIO
September 30, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-2686-98
| STYLE OF CAUSE: XUE FANG ZHENG |
- 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: WEDNESDAY, SEPTEMBER 30, 1998
SOLICITORS OF RECORD:
Levine Associates
Barrister & Solicitors
Suite 1400
Ten King Street East
Toronto, Ontario
M5C 1C3
For the Applicant
| Morris Rosenberg |
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980930
Docket: IMM-2686-98
Between:
| XUE FANG ZHENG |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER