Petrova v. Canada ( Minister of Citizenship and Immigration )
IMM-2374-96
Heald D.J.
21/5/97
5 pp.
Application for judicial review of Immigration Officer's decision three-year qualifying period for eligibility under Deferred Removal Orders Class (DROC) not met by applicant-Applicant entering Canada in December 1991 with two daughters, two grandchildren, after having fled from Estonia-Found by CRDD not to be Convention refugees-On September 22, 1995 Court dismissing application for leave to commence action for judicial review of CRDD's decision-Immigration Officer holding eligibility period to begin on September 22, 1998-Applicant not authorizing lawyer to file application on her behalf-Solicitor acting on own initiative to preserve clients' interests-Individuals should not suffer legal consequences of actions taken by lawyer without authorization-Principle enunciated by House of Lords, followed by Canadian courts-Client retaining solicitor, holding him out as agent, may be bound by unauthorized acts of solicitor under laws of agency-Record herein not establishing acquiescence, holding out-Application for judicial review filed on July 14, 1995 filed without authority, should have been disregarded for purposes of considering applicant's membership in DROC-Immigration Officer erred in calculating correct date for commencing three-year waiting period-Application allowed-Immigration Regulations, 1978, SOR/78-172, s. 2(1) (as am. by SOR/94-681, s. 1).