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PRACTICE

Variation of Time

Canada (Minister of Citizenship and Immigration) v. Lie

T-87-01

2002 FCT 457, Hargrave P.

22/4/02

4 pp.

Application for extension of time within which to serve, file requisition for hearing--In Grewal v. Minister of Employment and Immigration, [1985] 2 F.C. 263 (C.A.), Thurlow C.J. observed underlying consideration for obtaining extension of time was that justice be done between parties--Test for time extension further considered by F.C.A. in Canada v. Hennelly (1999), 244 N.R. 399--Court of Appeal not undermining earlier view, in Grewal, that overall objective must be that of doing justice between parties--No injustice to Minister of Citizenship and Immigration if denied extension of time within which to file requisition for hearing--Doing justice between parties not meaning there must necessarily be prejudice to be avoided--Rather, doing justice moral value generally considered to be end which law ought to strive to attain--Application denied.

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