Gyamfi v. Canada ( Minister of Employment and Immigration )
92-T-776
MacKay J.
9/8/93
6 pp.
Application to set aside order dismissing application for extension of time to file originating motion to commence proceedings for judicial review -- Application for leave completed in timely fashion in accord with Federal Court Immigration Rules -- Notice of change of solicitors filed on behalf of applicant -- New solicitor seeking to reverse order dated May 11, 1993 -- Grounds for reconsideration of matter said to be negligence of original solicitor in not filing originating motion within statutory time provided -- New considerations now brought before Court by affidavit of applicant himself denying responsibility for delay -- Discovery by applicant of delay by previous counsel in applying for extension of time said to constitute "new matter" within meaning of R. 1733 -- Arguable issue warranting leave to commence proceedings for judicial review-Granting extension of time not adversely affecting interests of respondent -- Failing to permit applicant to proceed even at late stage would adversely affect interests -- Discretion in judge having made order in relation to procedural matters to vary or even to reverse original order as provided in R. 1733 -- Application granted-Federal Court Rules, C.R.C., c. 663, R. 1733.