Kurunathy v. Canada (Minister of Citizenship and Immigration)
Court headnote
Kurunathy v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2001-10-19 Neutral citation 2001 FCT 1141 File numbers IMM-3799-01 Decision Content Date: 20011019 Docket: IMM-3799-01 Neutral citation: 2001 FCT 1141 Toronto, Ontario, Friday the 19th day of October, 2001. PRESENT: Peter A.K. Giles, Esquire Associate Senior Prothonotary BETWEEN: POORANACHANDRAN KURUNATHY KAMALAVATHINI POORANACHANDRAN Applicants -and- THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER GILES A.S.P.: [1] Before an extension of time to file an application record can be granted an Applicant must inter alia excuse all delay and show the existence of an arguable case to leave. [2] The delay here was one day caused by counsel's miscalculation of the last possible day for filing. I would ordinarily consider such a delay excusable if an arguable case had been shown. In an attempt to show the existence of an arguable case counsel has sent in a copy of the Applicant's record for which leave is sought. I question the propriety of sending in the very document for which leave is sought except in those cases where the wording of the document is at issue in the motion. I also question whether submitting 206 closely tight pages for the Court to search to find the existence of an arguable case is "showing" an arguable case. ORDER 1. The motion is dismissed with leave to reapply within 14 days of the date of this order on better evidence.…
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Kurunathy v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2001-10-19 Neutral citation 2001 FCT 1141 File numbers IMM-3799-01 Decision Content Date: 20011019 Docket: IMM-3799-01 Neutral citation: 2001 FCT 1141 Toronto, Ontario, Friday the 19th day of October, 2001. PRESENT: Peter A.K. Giles, Esquire Associate Senior Prothonotary BETWEEN: POORANACHANDRAN KURUNATHY KAMALAVATHINI POORANACHANDRAN Applicants -and- THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER GILES A.S.P.: [1] Before an extension of time to file an application record can be granted an Applicant must inter alia excuse all delay and show the existence of an arguable case to leave. [2] The delay here was one day caused by counsel's miscalculation of the last possible day for filing. I would ordinarily consider such a delay excusable if an arguable case had been shown. In an attempt to show the existence of an arguable case counsel has sent in a copy of the Applicant's record for which leave is sought. I question the propriety of sending in the very document for which leave is sought except in those cases where the wording of the document is at issue in the motion. I also question whether submitting 206 closely tight pages for the Court to search to find the existence of an arguable case is "showing" an arguable case. ORDER 1. The motion is dismissed with leave to reapply within 14 days of the date of this order on better evidence. "Peter A.K. Giles" A.S.P. Toronto, Ontario October 19, 2001 FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record COURT NO: IMM-3799-01 STYLE OF CAUSE: POORANACHANDRAN KURUNATHY KAMALAVATHINI POORANACHANDRAN Applicants -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: FRIDAY, OCTOBER 19, 2001 WRITTEN SUBMISSIONS BY: Ms. Barbara Jackman For the Applicants Ms. Urszula Kaczmarczyk For the Respondent SOLICITORS OF RECORD: JACKMAN, WALDMAN & ASSOCIATES Barristers and Solicitors 281 Eglinton Avenue East Toronto, Ontario M4P 1L3 For the Applicants Morris Rosenberg Deputy Attorney General For the Respondent FEDERAL COURT OF CANADA Date: 20011019 Docket: IMM-3799-01 BETWEEN: POORANACHANDRAN KURUNATHY KAMALAVATHINI POORANACHANDRAN Applicants -and- THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER
Source: decisions.fct-cf.gc.ca