Dias v. Canada (Minister of Citizenship and Immigration)
Court headnote
Dias v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2001-09-10 Neutral citation 2001 FCT 1008 File numbers IMM-2593-01 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 circumst…
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Dias v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2001-09-10 Neutral citation 2001 FCT 1008 File numbers IMM-2593-01 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
Source: decisions.fct-cf.gc.ca