Date: 19980708
Docket: IMM-2103-98
BETWEEN:
ZHENG, XUE GONG
Applicant
- and -
THE 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. The materials filed indicate that the applicant did not file his record on or before June 4th because he was out of touch with his lawyer, effectively, until June 10th. His lawyer no doubt knew that the applicant's record should be filed by June 4th. There is no evidence as to whether the client was so informed. There is no evidence as to why the client did not contact his lawyer or follow up to find out what was happening. It appears that the sole concern was as to whether the client could obtain legal aid. Federal Court of Appeal has pointed out that waiting for legal aid is no excuse for late filing of a record. There is therefore no excuse provided for the delay and the motion must be dismissed.
[2] No relevant excuse having been offered for the delay, it is not necessary to consider whether there is evidence of the existence of an arguable case for leave. I note that in support of this motion, the applicant has filed a draft of his record exhibited to an affidavit. He has thus put on file his record for which leave is required by the Court. This draft is bound into the motion record. The applicant cannot be permitted to do indirectly what he cannot do directly. Rather than order the separation and return of the draft of the applicant's record, I am ordering that the motion record be sealed.
Order
[3] The motion for an extension of time within which to file the applicant's record is dismissed. The record for this motion is ordered placed in a sealed envelope marked to refer to this order.
"Peter A.K. Giles"
A.S.P.
Toronto, Ontario
July 8, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-2103-98
| STYLE OF CAUSE: ZHENG, XUE GONG |
- 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: JULY 8, 1998
SOLICITORS OF RECORD:
Diane B. Coulthard
Levine Associates
Barristers & Solicitors
Suite 1400
10 King Street East
Toronto, Ontario
M5C 1C3
For the Applicant
No solicitor of record
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980708
Docket: IMM-2103-98
Between:
| ZHENG, XUE GONG |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER
AND ORDER