Obeng ( Turkson ) v. Canada ( Minister of Citizenship and Immigration )
IMM-2344-96
Giles A.S.P.
13/9/96
3 pp.
Application for extension of time to file application for leave to appeal-Applicant must provide evidence tending to excuse all delay and showing existence of facts supporting arguable case for leave-University of Saskatchewan v. Canadian Union of Public Employees Local Union 1975 et al., [1978] 2 S.C.R. 830 distinguished-In present case, no evidence of facts supporting arguable case-Only evidence tending to excuse delay that applicant's present lawyer not having materials of previous lawyer-Relevant to show efforts made to obtain materials, nature and importance of materials-Should also show how change justified-Affidavit filed in support of motion indicates applicant's counsel's belief in arguable case-Failure to show evidence of facts to support arguable case can result in absolute dismissal-Motion dismissed with leave to reapply.