De Vega v. Canada ( Minister of Citizenship and Immigration )
IMM-3294-98
Hargrave P.
16/12/98
6 pp.
Three applications for extension of time within which to serve, file applicants' records allowed on October 15, 1998-Order providing counsel forthwith personally pay costs of motions, set at $100 each-Counsel seeking reconsideration of order under r. 397, extension of time within which to bring motion-Reconsideration under r. 397 fairly narrow-Applicants' counsel showing sheer carelessness in missing three limitation dates on basis of deplorable knowledge of Federal Court Rules-Excuse given by counsel for missed filing date marginal at best-Extraordinary that counsel, who practices immigration law on regular basis in Federal Court, should be unaware time continued to run against clients during July, August-Hargrave P. overlooking Immigration Rule 4 imports into all applications under Immigration Act various portions of Federal Court Rules, including as to costs, "except to the extent that they are inconsistent" with Immigration Act, Immigration Rules-R. 404, dealing with liability of solicitor for costs and opportunity to be heard on the point, not inconsistent with Immigration Rule 22-Portion of each of October 15, 1998 orders, dealing with costs, vacated as result of matter accidently overlooked-Federal Court Immigration Rules, 1993, SOR/93-22, RR. 4, 22-Federal Court Rules, SOR/98-106, rr. 397, 404-Immigration Act, R.S.C., 1985, c. I-2.