Wilson v. Canada (Minister of Citizenship and Immigration)

Wilson v. Canada (Minister of Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2002-06-04
Neutral citation
2002 FCT 637
File numbers
IMM-5129-01
Decision Content
Date: 20020604
Docket: IMM-5129-01
Neutral citation: 2002 FCT 637
Ottawa (Ontario), this 4th day of June, 2002
Present: THE HONOURABLE MR. JUSTICE BEAUDRY
BETWEEN:
NADINE WILSON
Applicant
and
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] On April 2, 2002, I considered the application for leave and judicial review filed by the Applicant pursuant to Rule 369 of the Federal Court Rules (the Rules). On that date, I ordered that the application be dismissed.
[2] The present motion for reconsideration was filed on May 10, 2002. This was beyond the ten-day period for filing such a motion provided for by Rule 397 of the Rules.
[3] I do not find that the Applicant has furnished a valid reason for her motion to extend the time period for filing this motion. I am not satisfied either with the Applicant's claim that she was unable to file this motion earlier. The gaps in time between receipt of the dismissal order by counsel on April 23, 2002, the swearing by the Applicant of her affidavit on May 1, 2002 and the filing and service of the motion on May 10, 2002 are not adequately justified by the explanations given by the Applicant.
[4] In any event, I would deny the motion for reconsideration whether or not it had been filed in time. The Court carefully considered all relevant material and evidence before it. That there was an oversight or accidental omission on the part of the Court is a claim not supported by the record.
[5] The Applicant relies on Rule 399 (2)(b) which, in my view, is inapplicable since there is not evidence that my order was obtained by fraud. Even if I were charitable to assume that the Applicant may have meant to refer to Rule 399 (2)(a), I would not find that there was a matter that arose or was discovered subsequent to my issuance of the order which could not have been discovered previously and which would justify setting aside the order.
[6] For these reasons, the motion for reconsideration is dismissed.
ORDER
THIS COURT ORDERS that:
1. The motion for reconsideration is dismissed.
"Michel Beaudry"
Judge
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-5129-01
STYLE OF CAUSE : NADINE WILSON and
MINISTER OF CITIZENSHIP AND
IMMIGRATION
MOTION DEALT WITH IN WRITING WITHOUT THE APPEARANCE OF THE PARTIES
REASONS FOR ORDER OF : THE HONOURABLE JUSTICE BEAUDRY
DATED : June 4, 2002
WRITTEN REPRESENTATIONS BY :
Osborne G. Barnwell FOR THE APPLICANT
Robert Bafaro FOR THE RESPONDENT
Department of Justice
SOLICITORS OF RECORD :
Osborne G. Barnwell FOR APPLICANT
Ferguson, Barnwell
Toronto, Ontario
Morris Rosenberg FOR RESPONDENT
Deputy Attorney General of Canada
Toronto, Ontario