Lubana v. Canada ( Minister of Citizenship and Immigration )
IMM-3418-99
Lafrenière P.
3/9/99
5 pp.
Affidavits-Application to file affidavit material in support of application for judicial review-Affidavit rejected by Registry on basis tendered for filing beyond period provided for under Federal Court Rules, 1998-Applicant had obtained consent for extension of 15 days (half of 30-day period sought to be extended)-First 30-day period would have expired on Sunday, August 8, 1999-By operation of r. 6 and Interpretation Act, ss. 26 to 30, time limit for filing affidavit would have been Monday, August 9, 1999-Applicant then filed affidavit on August 24, 1999, having calculated 15-day extension from August 9, not from Sunday, August 8-Registry rejected affidavit as being one day late-Court reckoned period to run 45 days from date of filing of notice of application-Application dismissed-Applicant's interpretation of interplay between rr. 6, 7 and 306 and Interpretation Act, s. 26 based on incorrect assumption-Purpose of Act, s. 26 to relieve party from being in default under Rules when unable to do thing on last day of fixed period which falls on holiday and to deem such step taken on next practicable date to be performed in timely manner-Act, s. 26 not having effect of extending period not yet expired-In instant case, once parties consented to extension, time for filing applicant's affidavit did not expire after 30 days, but after 45 days-Act, s. 26, which applies only once time limit has expired, therefore did not come into play-Applicant had 45 days from date of filing notice of application to file affidavit-Affidavit therefore tendered outside time limit-Affidavit rejected as untimely, with leave to bring motion for extension of time within 10 days of order-Federal Court Rules, 1998, SOR/98-106, rr. 6, 7, 306-Interpretation Act, R.S.C., 1985, c. I-21, s. 26.