Abaev v. Canada ( Minister of Citizenship and Immigration )
IMM-14-99
Reed J.
9/3/99
5 pp.
Motion for extension of time to file affidavits, complete other steps in proceeding, costs-Application for judicial review of visa officer's decision filed January 4, 1999-Pursuant to Federal Court Rules, r. 318, tribunal (visa officer) required to "transmit" material in its possession relevant to application within 20 days of request (in this case, January 25, 1999)-Respondent's counsel received tribunal material on January 28, 1999; Federal Court Registry on February 9; applicant's counsel on February 19-Under r. 306 affidavits to be filed within 30 days after filing of notice of application, i.e. 10 days after relevant tribunal material required to have been transmitted (February 4, 1999)-Applicant's counsel sought consent from respondent's counsel for extension of time within which to file affidavits-Request for extension of time refused-Applicant's counsel filing present motion on February 24-On February 26 respondent's counsel consenting to extension of time-Respondent's counsel stating respondent's affidavits will be filed March 24, 1999-Order to issue to that effect-No reason to depart from normal time constraints for subsequent steps-Request for hearing date must be made in normal way by filing of hearing requisition-Request for costs based on argument relevant material not transmitted within required time-Dictionary definitions indicating "transmit" meaning more than merely depositing in post, without regard to amount of time might take to reach applicant, counsel-Such conclusion also consonant with scheme of Rules, context as whole-Rules clearly intending applicant have access to relevant tribunal material before affidavits required to be filed, in order to review that material to see if relevant for purpose of preparing of affidavits-Rules allow for 10-day difference between transmitting of material, filing of affidavits-Action taken herein not constituting transmitting of material to applicant within required time-Applicant awarded costs of motion, fixed at $1,000-Federal Court Rules, SOR/98-106, rr. 306, 318.