Federal Court Decisions

Decision Information

Decision Content

                                                                            

Date: 20010910

Docket: IMM-2593-01

Neutral citation: 2001 FCT 1008

Toronto, Ontario, Monday, the 10th day of September, 2001

PRESENT:      Peter A. K. Giles, Esquire

Associate Senior Prothonotary

BETWEEN:

ERNESTO DIAS

MARISA SANDRA SOSA DIAS

KEILA JAEL DIAS

DARIO ANDRES DIAS

Applicants

-and-

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

                     REASONS FOR ORDER AND ORDER

GILES A.S.P.

[1] The motion before me seeks leave to file a Supplementary Applicant's Record. The day after the Applicant's Record was filed further evidence (which had been requested from the Tribunal in good time) came to hand. The Applicant tried to file it as Supplementary Record it was refused by the Registry as being late.


[2]                 The Applicant then did nothing until he tried to file it presumably as a reply. There is no provision for a reply evidence and the document in any event is styled as a Supplementary Applicant's Record. The document was refused by the Registry. Now, a motion is brought for leave to file a Supplementary Application Record. The result of this conduct by the Applicant is that the Respondent has made his submissions without the Supplementary information being on file. Had the Applicant moved at the earliest opportunity the Respondent could have responded to it in her original memorandum. In the circumstances, I believe justice requires that the Supplementary Applicant's Record be allowed to be filed and further that the Respondent should have 30 days more to file any supplementary or replacement memorandum she may be advised to file.

ORDER

1. The Applicant's Supplementary Record may be filed before September 14th, 2001 at 11:00 a.m. The Respondent may file within the 30 days thereafter a supplementary or replacement memorandum and supporting materials.

"Peter A.K. Giles"

                                                                                                        A.S.P.                         

Toronto, Ontario

September 10, 2001


FEDERAL COURT OF CANADA

Names of Counsel and Solicitors of Record

COURT NO:                                           IMM-2593-01

STYLE OF CAUSE:                               ERNESTO DIAS

MARISA SANDRA SOSA DIAS

KEILA JAEL DIAS

DARIO ANDRES DIAS

                                                                                                                     Applicants

-and-

THE MINISTER OF CITIZENSHIP AND

IMMIGRATION

Respondent

CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369 OF THE FEDERAL COURT RULES, 1998.

REASONS FOR ORDER

AND ORDER BY:                                  GILES A.S.P.

DATED:                                                   MONDAY, SEPTEMBER 10, 2001

WRITTEN SUBMISSIONS BY:      Mr. Peter Ivanyi

For the Applicants

Ms. Amina Riaz

For the Respondent

SOLICITORS OF RECORD:           ROCHON GENOVA

Barristers & Solicitors

121 Richmond Street West, Suite 903

Toronto, Ontario

M5H 2K1

For the Applicants

Morris Rosenberg

Deputy Attorney General of Canada

For the Respondent


FEDERAL COURT OF CANADA

                 Date: 20010910

                                                                                  Docket: IMM-2593-01

BETWEEN:

ERNESTO DIAS

MARISA SANDRA SOSA DIAS

KEILA JAEL DIAS

DARIO ANDRES DIAS

Applicants

-and-

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

Respondent

                                                   

REASONS FOR ORDER

AND ORDER

                                                   

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