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Date: 19980311


Docket: IMM-2758-97

BETWEEN:

     PETER PAUL ZLATOHLAVY

     Applicant

     - 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 the Applicant's Record. This motion cannot yet be granted. On January 29th, 1998, the Applicant was directed by Mr. Justice Nadon to file another motion for an extension of time to file his record with substantiating affidavit evidence. This motion would have had to deal with the delays prior to January 29th, 1998 as well as the existence of an arguable case for leave at that time.

[2]      The motion before me filed during the Applicant's lawyer's hospitalization seeks an extension of time to file the Applicant's Record and evidence fact that the lawyer was hospitalized at some time after January 29th, 1998. It does not purport to address the delays before the lawyer's hospitalization. The lawyer's hospitalization without doubt is a sufficient reason to extend the time for complying with the direction of Mr. Justice Nadon. Therefore, I will now extend the time within which to file a new motion for an extension of time within which to file the Applicant's Record until June 1st, 1998. On or before that date, the Applicant is to file the motion and substantiating affidavit mentioned in the direction of Mr. Justice Nadon. In that new motion, the applicant will have to justify all of the delays prior to January 29th, 1998 and show that he has an arguable case for leave. After the Applicant has filed the Notice of Motion directed by Mr. Justice Nadon, the Minister shall have 14 days after service of the new Notice of Motion on him to file any responding materials opposing or consenting to the extension of time to file the Applicant's Record.

     ORDER

     The time for filing the new Notice of Motion mentioned in the direction of Mr. Justice Nadon of January 29th, 1998 is extended to June 1st, 1998. The Minister shall have 14 days after service of that new Notice of Motion on him to file any responding materials.

"Peter A.K.Giles"

A.S.P.

Toronto, Ontario

March 11, 1998

     FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

DOCKET:                  IMM-2758-97

STYLE OF CAUSE:              PETER PAUL ZLATOHLAVY

                     - 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:                  MARCH 11, 1998

SOLICITORS OF RECORD:

                     John V. Stephens, Q.C.

                     Suite 407

                     1280 Finch Avenue West

                     North York, Ontario

                     M3J 3K1

                         For the Applicant

                     Paul J. French, Esq.

                     Hughes, Amys,

                     Barristers & Solicitors

                     1 First Canadian Place,

                     Suite 5050, Box 401

                     Toronto, Ontario

                     M5X 1E3

                         Agents for John V. Stephens, Q.C.

                         Solicitor for the Applicant

                    

                     George Thomson

                     Deputy Attorney General

                     of Canada

                         For the Respondent


                          FEDERAL COURT OF CANADA

     Date: 19980311

                         Docket: IMM-2758-97

                         Between:

                         PETER PAUL ZLATOHLAVY

                                 Applicant

                         - and -

                         MINISTER OF CITIZENSHIP

                         AND IMMIGRATION

                         Respondent

                        

            

                         REASONS FOR ORDER AND ORDER

                        


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