Canada ( Minister of Citizenship and Immigration ) v. Lau
T-1207-98
Evans J.
15/3/99
8 pp.
Motion against Minister of Citizenship and Immigration under r. 51 appealing decision of Associate Senior Prothonotary (A.S.P.)-A.S.P. dismissing in part motion by respondent under rr. 58, 67 to dismiss for failure to comply with Rules, for delay appeal by Minister under Citizenship Act, s. 14(5)-Minister appealing decision of Citizenship Judge approving respondent's application for Canadian citizenship-Respondent's motion before A.S.P. alleging Minister failed to comply with r. 306 in not serving, filing supporting affidavits within 30 days of issuing notice of application-Under r. 307, respondents must serve, file supporting affidavits, documentary exhibits within 30 days after service of applicants' affidavits-If applicant not required to serve affidavits, from what point does 30-day period start to run where applicant elects not to serve, file supporting affidavits?-A.S.P. solving problem by reading into r. 307 provision analogous to that in r. 308-R. 308 contemplating, if so advised, respondent need not file material under r. 307-A.S.P. reaching correct conclusion r. 306 not requiring supporting affidavits always be filed in Citizenship Act appeals-Proceeding in question still statutory appeal, as r. 300(c) recognizes, even though procedurally subject to rules governing applications-No purpose in requiring Minister to serve, file supporting affidavits-Motion dismissed-Federal Court Rules, 1998, SOR/98-106, rr. 51, 58, 67, 300, 306, 307, 308-Citizenship Act, R.S.C., 1985, c. C-29, s. 14(5).