Bertold v. Canada ( Minister of Citizenship and Immigration )
IMM-901-96
Muldoon J.
10/2/97
5 pp.
T.D. Judge granted applicant leave to institute judicial review-Respondent tribunal, through its Acting Director General, failed to produce tribunal record as required by Federal Court Immigration Rules, 1993, R. 17 within time limit-Nothing in Immigration Act or Federal Court Immigration Rules allowing extension of time limit-Nothing therein prohibiting extension-Court cannot extend period of time per se as prescribed by statute-As case herein dealing with extension of time regarding order made in compliance with period prescribed by Immigration Act, extension of time, by means of further order not contemplated by statute's procedural code, impermissible-Tribunal, in such disobedient failure, neglect or refusal perpetrated injustice upon applicant by frustrating Court's powers, and should show cause why it ought not to be punished for contempt of court-Meanwhile, parties ought to attend before Court, as ordered by T.D. Judge, on February 26, 1997-Being overworked no excuse when supplementary staff and overtime efforts needed to comply with law-Either party may prosecute application for show cause order directed, under R. 355(3), to Acting Director General who failed, neglected or refused to obey Court order herein-Federal Court Rules, C.R.C., c. 663, R. 355(3)-Federal Court Immigration Rules, 1993, SOR/9322, R. 17-Immigration Act, R.S.C., 1985, c. I-2, ss. 82.1(7) (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 19; S.C. 1990, c. 8, s. 53).