CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Chung v. Canada (Minister of Citizenship and Immigration)
IMM-6883-03
2003 FC 1150, Lafrenière P.
3/10/03
3 pp.
Application for directions pursuant to Federal Court Rules, 1998, r. 72 as to whether applicants permitted to file memo-randum of argument exceeding 30 pages in length--Federal Court Immigration and Refugee Protection Rules, r. 10(2)(e) requiring applicant to file memorandum of argument--Not prescribing maximum length, but r. 4(1) providing Federal Court Rules, 1998, particularly Part III, apply to applications for leave--Rule 70 providing memorandum of fact and law not to exceed 30 pages in length--While not specifically referring to memoranda of argument, rule of general application--On its face, r. 70 only governing content, format, length of memoranda filed for purpose of applications and summary judgment motions, but long-standing practice of Court to apply 30-page limit on all memoranda submitted by parties--General rule limiting length of written submissions justified to enable Court to control own process, avoid prolix, redundant submissions that would inevitably impede timely disposition of immigration proceedings, intended to be dealt with in summary manner--Direction: as general rule memoranda of argument not to exceed 30 pages unless leave first obtained by motion in writing establishing special circumstances--Federal Court Rules, 1998, SOR/98-106, rr. 70(4) (as am. by SOR/2002-417, s. 9), 72--Federal Court Immigration and Refugee Protection Rules, SOR/93-22 (as am. by SOR/2002-232, s. 1), rr. 4(1), 10(1)(e).