Robertson v. Canada (Citizenship and Immigration)

Robertson v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2011-05-12 Neutral citation 2011 FC 546 File numbers IMM-6906-10 Decision Content Federal Court Cour fédérale Date: 20110512 Docket: IMM-6906-10 Citation: 2011 FC 546 Vancouver , British Columbia , May 12, 2011 PRESENT: The Honourable Mr. Justice Pinard BETWEEN: ANDREW ROBERTSON Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] The applicant’s appeal of Prothonotary Tabib’s discretionary order dismissing his motion for an extension of time to serve and file his application record is dismissed for the following reasons: 1. The applicant has failed to show a continued interest in pursuing the application; 2. The applicant’s application for leave and judicial review fails to reveal a meritorious argument; and 3. The applicant has given no reasonable explanation for the delay (see Canada (AG) v Hennelly, [1999] FCJ No 846 at para. 3). [2] In so exercising my own discretion, I find exactly as Prothonotary Tabib did. In that regard, I am substantially in agreement with paragraphs 27 to 38 inclusive of the written representations filed on behalf of the defendant. ORDER THIS COURT ORDERS that, consequently, the applicant’s motion appealing Prothonotary Tabib’s order dated March 3, 2011, is dismissed. As no costs are sought by the respondent, none are adjudicated. “Yvon Pinard” Judge …