Kukan v. MMI, (1974) 1 N.R. 445 (FCA)

CourtFederal Court of Appeal (Canada)
Case DateJanuary 07, 1974
JurisdictionCanada (Federal)
Citations(1974), 1 N.R. 445 (FCA)

Kukan v. MMI (1974), 1 N.R. 445 (FCA)

MLB headnote and full text

Kukan v. Minister of Manpower and Immigration

Indexed As: Kukan v. Minister of Manpower and Immigration

Federal Court of Appeal

Jackett, C.J.

January 7, 1974.

Summary:

This case arose out of an interlocutory application for an extension of time for an application for leave to appeal pursuant to s. 23 of the Immigration Appeal Board. S. 23 of the Immigration Appeal Board Act provided for an appeal to the Federal Court of Appeal if leave to appeal was granted by the Federal Court of Appeal within 15 days after the date of the decision appealed from or within such extended time as a judge of the Federal Court of Appeal may allow. The applicant applied after the 15 days had elapsed for an extension of time to apply for leave of appeal because of the lack of sittings of the Federal Court of Canada at Edmonton, Alberta until approximately 30 days after the date of the decision of the Immigration Appeal Board. The Federal Court of Appeal dismissed the application because the application for leave to appeal should have been made immediately in writing pursuant to rule 324 and 1107 of the Federal Court Rules. The Federal Court of Appeal stated the conditions under which the application could be renewed - see paragraph 8.

Practice - Topic 8871

Leave to appeal - Form of application for leave to appeal to the Federal Court of Appeal - Federal Court Rules 324 and 1107 - The Federal Court of Appeal stated that an application for leave to appeal should be made in writing pursuant to Rule 324 - See paragraphs 3 and 4.

Practice - Topic 8872

Leave to appeal - Form of application for extension of time for leave to appeal - Federal Court Rule 324 and 1107 - The Federal Court of Appeal stated that an application for extension of time for leave to appeal should be made in writing pursuant to Rule 324 - See paragraphs 3 and 4.

Practice - Topic 3053

Applications - Federal Court of Canada - Federal Court Rule 319 - The Federal Court of Appeal stated that applications to the court must be made by motion supported by affidavits stating the facts in support of the application - See paragraphs 6 and 7.

Statutes Noticed:

Federal Court Rules, rule 317(4) [fn. 3].

Federal Court Rules, rule 319 [para. 6].

Federal Court Rules, rule 324 [fn. 2].

Federal Court Rules, rule 1107 [fn. 1].

Counsel:

Ian D. Dickens, for the appellant;

D.S. Thorson, Q.C., for the respondent.

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3 practice notes
  • Bank of Scotland v. Ship Nel et al., (1998) 161 F.T.R. 267 (TD)
    • Canada
    • Canada (Federal) Federal Court
    • December 18, 1998
    ...(H.K.) Ltd. et al. (1990), 128 N.R. 75 (F.C.A.), refd to. [para. 5]. Kukan v. Minister of Manpower and Immigration, [1974] 1 F.C. 12; 1 N.R. 445 (F.C.A.), refd to. [para. Calvert v. Flower (1836), 7 C. & P. 386; 173 E.R. 172 (N.P.), refd to. [para. 7]. Wharam v. Routledge (1805), 5 Esp.......
  • Grewal v. Minister of Manpower, (1974) 2 N.R. 490 (FCA)
    • Canada
    • Canada (Federal) Federal Court of Appeal (Canada)
    • March 25, 1974
    ...there was some arguable ground upon which the proposed appeal might succeed. Cases Noticed: Kukan v. Minister of Manpower and Immigration, 1 N.R. 445, folld. [para. Statutes Noticed: Immigration Appeal Board Act, R.S.C. 1970, c. I-3, sect. 23(1). Counsel: [None disclosed]. Solicitors of Rec......
  • CUPW v. Can. Post, (1986) 81 N.R. 91 (FCA)
    • Canada
    • Canada (Federal) Federal Court of Appeal (Canada)
    • November 6, 1986
    ...discretionary orders of trial judge - [See Practice - Topic 5806 above]. Cases Noticed: Kukan v. Minister of Manpower and Immigration (1974), 1 N.R. 445 (F.C. A.), refd to. [para. R. v. Wilson, [1983] 2 S.C.R. 594; [1984] 1 W.W.R. 481; 51 N.R. 321, not appld. [paras. 18, 39]. Canada v. Perr......
3 cases
  • Bank of Scotland v. Ship Nel et al., (1998) 161 F.T.R. 267 (TD)
    • Canada
    • Canada (Federal) Federal Court
    • December 18, 1998
    ...(H.K.) Ltd. et al. (1990), 128 N.R. 75 (F.C.A.), refd to. [para. 5]. Kukan v. Minister of Manpower and Immigration, [1974] 1 F.C. 12; 1 N.R. 445 (F.C.A.), refd to. [para. Calvert v. Flower (1836), 7 C. & P. 386; 173 E.R. 172 (N.P.), refd to. [para. 7]. Wharam v. Routledge (1805), 5 Esp.......
  • Grewal v. Minister of Manpower, (1974) 2 N.R. 490 (FCA)
    • Canada
    • Canada (Federal) Federal Court of Appeal (Canada)
    • March 25, 1974
    ...there was some arguable ground upon which the proposed appeal might succeed. Cases Noticed: Kukan v. Minister of Manpower and Immigration, 1 N.R. 445, folld. [para. Statutes Noticed: Immigration Appeal Board Act, R.S.C. 1970, c. I-3, sect. 23(1). Counsel: [None disclosed]. Solicitors of Rec......
  • CUPW v. Can. Post, (1986) 81 N.R. 91 (FCA)
    • Canada
    • Canada (Federal) Federal Court of Appeal (Canada)
    • November 6, 1986
    ...discretionary orders of trial judge - [See Practice - Topic 5806 above]. Cases Noticed: Kukan v. Minister of Manpower and Immigration (1974), 1 N.R. 445 (F.C. A.), refd to. [para. R. v. Wilson, [1983] 2 S.C.R. 594; [1984] 1 W.W.R. 481; 51 N.R. 321, not appld. [paras. 18, 39]. Canada v. Perr......