PRACTICE
Variation of Time
Motion for extension of time resulting from attempted, unsuccessful late filing of applicant’s record—Legal assistant to applicant’s lawyer miscalculating time for filing record by one day—Record due to be served, filed same day counsel realizing error—Counsel, student leaving office at 16:15 to go to Registry to file material—Driving furiously but caught in traffic—Advising Registry of tardiness in arriving—Reaching Registry at about 16:45, 15 minutes after closing time— Registry admitting person seeking to file material but refusing to accept record—Not in keeping with position of Federal Court as service organization, Federal Courts Rules, s. 72 —Applicant’s counsel obtaining consent to late filing, preparing complete motion record seeking time extension, filing it following day—In present case, several hours left before expiry of time for filing—Holding Registry open common procedure in special circumstances—Unseemly to deny services to accommodated customer who is presenting documents when Registry already opened—Registry’s action resulting in embarrassment, extra unnecessary work—Under Federal Courts Rules, s. 72, Registry must either accept document for filing or refer document to judge, prothonotary without delay when uncertain whether to file tendered material—S. 72 dealing with irregular documents, instances in which conditions precedent to filing, including time limits, are unfulfilled—Application allowed—Federal Courts Rules, SOR/98‑106, ss. 1 (as am. by SOR/2004‑283, s. 2), 72.
Alavinejad v. Canada (Minister of Citizenship and Immigration) (IMM‑1701‑05, 2005 FC 553, Hargrave P., order dated 22/4/05, 4 pp.)