Chin v. Canada ( Minister of Employment and Immigration )
IMM-4045-93
Reed J.
8/10/93
5 pp.
Application to reconsider order denying extension of time to file application record-Application record required to be filed before August 27-Extension application filed August 20-Counsel out of town from August 21 to 27 and because client living out of town, unable to see him prior to departure-Extension denied as counsel's personal schedule not type of reason justifying extension-Applicant arguing not personal, but professional schedule, preventing compliance with time limit-Attending Bar Convention as member of Provincial Council-Application dismissed-Time limits set out in Federal Court Rules meant to be complied with and to apply to everyone equally-If too short, should request amendment of Rules-Extensions of time not granted merely because first time counsel so requests or work load counsel assumed too great-To do so unfair to counsel who refuse clients because work load too heavy to allow them to meet required deadlines, or who "pull out all the stops" to meet deadlines at great inconvenience to themselves-Extensions granted if reason for delay beyond control of counsel or applicant i.e. illness-No such unanticipated cause for delay herein-30-day time limit for filing application, client's out-of-town residence, counsel's commitment to attend Bar Convention, known when leave application filed-Scheduling under counsel's personal control-Although courts reluctant to disadvantage clients because counsel miss deadlines, counsel and client for such purposes one-Too easy for counsel to say delay not caused by client, and if not granted client will be prejudiced-No oversight as to evidence before Court-Although Court unaware of capacity in which counsel attending Convention, not making counsel's absence from town any more unanticipated-Capacity in which attending Convention known at time application for extension filed-Not information recently coming to light-Circumstances not permitting reconsideration of order-Federal Court Rules, C.R.C., c. 663, RR. 324, 337(5).