PRACTICE |
Judgments and Orders |
Reversal or Variation |
Grant v. Canada (Minister of Citizenship and Immigration)
IMM-3264-01
2001 FCT 1343, MacKay J.
6/12/01
4 pp.
Motion for extension of time to reconsider order by Dubé J. dismissing without reasons applicant's application for leave, judicial review--In usual course, motion for reconsideration dealt with by judge order that is who made subject of request for reconsideration--Matter not going to Dubé J. for consideration since latter leaving Court after long, distinguished service--Request to reconsider order not made because of suggested inadvertent mistake, omission, to correct clerical error, as provided by r. 397--Not made because of matter arising, discovered subsequent to making of order in question under r. 399(2)(a)--Jurisprudence existing at date of order, whether then known or later discovered not qualifying as new matter within r. 397--Applicant inviting review de novo of application already considered by Dubé J., in effect appeal of determination on merits--Judge having made order exhausted authority to deal with application on merits--May not thereafter reconsider matter so disposed of except within very narrow exceptions provided by rr. 397, 399--No other judge, except one sitting on appeal from original judgment, has authority to vary order--Otherwise, no certainty in law's application, no end to litigation--Court without authority to reconsider order signed by Dubé J. on October 12, 2001--Application dismissed--Federal Court Rules, 1998, SOR/98-106, rr. 397, 399.