Moutisheva v. Canada ( Minister of Employment and Immigration )
A-808-91
Létourneau J.A.
29/9/93
9 pp.
Application made pursuant to R. 1733 to reverse judgment of Court dismissing applicant's appeal -- Latter argued not informed either by their counsel or Court of existence of application to dismiss appeal -- Alleged that under R. 1308(2) application to dismiss appeal should have been served on applicants personally, not merely on counsel -- Argument contrary to wording and scheme of R. 1308 and to scheme of Federal Court Rules -- R. 1308(2) not requiring service in person of application to dismiss -- No proof of intent to commit fraud by respondent -- Latter observed applicable rules of procedure -- Not sufficient evidence to show applicants' counsel guilty of fraudulent acts toward them -- Failure to inform clients of existence of application to dismiss appeal cannot constitute fraud on Court vitiating dismissal judgment rendered by it-Court could validly dispose of application to dismiss appeal under R. 324 -- Applicants did not demonstrate reasonable diligence required to have judgment quashed under R. 1733 -- Application dismissed -- Federal Court Rules, C.R.C., c. 663, RR. 324, 1308, 1733.