Awogbade v. Canada ( Minister of Citizenship and Immigration )
IMM-165-95
Muldoon J.
10/4/95
11 pp.
Motion to extend time to file application for leave to take judicial review proceedings against decision of Convention Refugee Determination Division (CRDD) applicant not Convention refugee -- Previous application dismissed on ground waiting for legal aid approval not in itself sufficiently good reason to grant extension of time -- Legal Aid authorization sole ground proffered for inducing Court to grant order to extend time -- Applicant's solicitors receiving legal aid certificate on March 22, 1995 -- Present proceeding motion for reconsideration of March 17, 1995 dismissal of motion for extension of time within which to file application record -- In solicitor-client relationship, strong fiduciary obligation on solicitor's part to act in professional, timely manner in order to advance client's interests -- Professionally ethical lawyer should not leave client in lurch merely because fees not secured -- Court not insensitive to financial problems encountered by lawyers -- Applicant's solicitors should be first to report difficulty of matter to own professional governing body for study and future direction -- Court's ethical relationships extending to all lawyers' professional governing bodies in Canada -- Court might consider lawyer's letting client's case turn to ashes, while waiting "authorization" from legal aid contempt of court -- Waiting for legal aid certificate not valid reason for which judge could extend time to file applicant's record -- Lawyer's conduct of preferring own interests over client's interests species of professional misconduct -- Time to file application record extended a fortnight specified in revised order to follow.