Lewando v. Canada (Minister Of Citizenship And Immigration)
Court headnote
Lewando v. Canada (Minister Of Citizenship And Immigration) Court (s) Database Federal Court Decisions Date 2001-10-09 Neutral citation 2001 FCT 1105 File numbers IMM-2847-01 Decision Content Date: 20011009 Docket: IMM-2847-01 Neutral citation: 2001 FCT 1105 Toronto, Ontario, Tuesday the 9th day of October, 2001. PRESENT: Peter A.K. Giles, Esquire Associate Senior Prothonotary BETWEEN: DORIS JINDO LEWANDO Applicant -and- THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER GILES A.S.P.: [1] The Applicant herein failed to file an Application Record on time. The delay was partially the result of the Legal Aid authorities issuing a Certificate to the wrong legal firm. I should point out at this stage that Legal Aid officials are not officials of the central government. The fact that they may be officials of the provincial government is irrelevant to the issue put forward by counsel for the Applicant. I do not think it advisable to explain the constitutional implications as no notice has been given under section 57 of the Federal Court Act. [2] I should also point out that not withstanding the statements sometimes made in Legal Aid certificates, Federal Court of Appeal has indicated that Legal Aid authorities are not empowered to interfere with the operations of the Federal Court. [3] Waiting until late June to inquire with regard to a Certificate is hard to understand when counsel must have known that an opinion would be required before full Legal A…
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Lewando v. Canada (Minister Of Citizenship And Immigration) Court (s) Database Federal Court Decisions Date 2001-10-09 Neutral citation 2001 FCT 1105 File numbers IMM-2847-01 Decision Content Date: 20011009 Docket: IMM-2847-01 Neutral citation: 2001 FCT 1105 Toronto, Ontario, Tuesday the 9th day of October, 2001. PRESENT: Peter A.K. Giles, Esquire Associate Senior Prothonotary BETWEEN: DORIS JINDO LEWANDO Applicant -and- THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER GILES A.S.P.: [1] The Applicant herein failed to file an Application Record on time. The delay was partially the result of the Legal Aid authorities issuing a Certificate to the wrong legal firm. I should point out at this stage that Legal Aid officials are not officials of the central government. The fact that they may be officials of the provincial government is irrelevant to the issue put forward by counsel for the Applicant. I do not think it advisable to explain the constitutional implications as no notice has been given under section 57 of the Federal Court Act. [2] I should also point out that not withstanding the statements sometimes made in Legal Aid certificates, Federal Court of Appeal has indicated that Legal Aid authorities are not empowered to interfere with the operations of the Federal Court. [3] Waiting until late June to inquire with regard to a Certificate is hard to understand when counsel must have known that an opinion would be required before full Legal Aid would be authorized. [4] Further delays resulted from the attempt to serve the Respondent by facsimile transmission, and of course from waiting to receive the signed copy of the Certificate which had verbally been promised. Nevertheless, I am satisfied that the delays have been explained and that the existence of an arguable case for leave has been shown. ORDER 1. The time for serving and filing the Applicant's Application Record is extended to the 14th day from the date of this Order. "Peter A.K. Giles" A.S.P. Toronto, Ontario October 9, 2001 FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record COURT NO: IMM-2847-01 STYLE OF CAUSE: DORIS JINDO LEWANDO Applicant -and- THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent CONSIDERED AT TORONTO, PURSUANT TO RULE 369 OF THE FEDERAL COURT RULES 1998. REASONS FOR ORDER AND ORDER BY: GILES A.S.P. DATED: TUESDAY, OCTOBER 9, 2001 WRITTEN SUBMISSIONS BY: Mr. Gregory J. Willoughby For the Applicant Mielka Visnic For the Respondent SOLICITORS OF RECORD: McKenzie Lake Lawyers Barristers & Solicitors 300 Dundas Street West London, Ontario N6B 1T6 For the Applicant Morris Rosenberg Deputy Attorney General For the Respondent FEDERAL COURT OF CANADA Date: 20011009 Docket: IMM-2847-01 Between: DORIS JINDO LEWANDO Applicant -and- THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER
Source: decisions.fct-cf.gc.ca