Milon v. Canada ( Minister of Citizenship and Immigration )
IMM-1281-95
Hargrave P.
27/7/95
7 pp.
Motion for extension of time to serve and file applicant's record-Extension sought to allow counsel to obtain and consider expert opinion regarding novel documents used by Post-Claim Determination Officer-Test whether justice calling for extension under circumstances (Grewal v. Canada (Minister of Employment and Immigration), [1985] 2 F.C. 263 (C.A.))-Test requiring balancing of various factors including: (1) continuing intention to pursue appeal; (2) merit to application; (3) no prejudice; and (4) reasonable explanation for delay-Explanation for delay weak as no evidence regarding: (1) delay in seeking expert opinion; (2) delay in obtaining documents; and (3) unavailability of expert during critical twoweek period-Weakness as to reasons for delay may be balanced by reasonably sound argument as to merits of case-Materials silent as to merits of case; materials not even containing bare assertion to effect case arguable-Motion denied.