Federal Court Decisions

Date: 20210721

Docket: IMM-4723-21

Citation: 2021 FC 777

Ottawa, Ontario, July 21, 2021

PRESENT: The Honourable Mr. Justice Shore

ORDER AND REASONS

[1] Consideration has been given to the entire background of this motion for a stay of removal, scheduled for the end of this week.

[2] Further to analysis, the Court is in agreement with the counsel of the Applicants’ arguments as per the significant health reasons of severe disability, as outlined in a specific, detailed medical health report, due to a work accident in Canada on an oil stack in Alberta; that accident and subsequent surgeries for that accident have disabled the principal Applicant permanently, to a most significant degree; and has put the principal Applicant’s family’s (including minor children) livelihood at grave risk.

[3] It is duly noted that this serious accident occurred in Canada in a work-related accident. The situation arose due to an inflicted grave work accident, permanently, seriously disabling the principal Applicant. The principal Applicant’s work was for an Alberta company that helps supply Canadian needs.

[4] The Applicants have satisfied all three conjunctive criteria of the Toth test (Toth v Canada (Minister of Employment and Immigration), [1988] FCJ No 587 (FCA)).

[5] This Court orders that the motion for a stay of removal be granted until final determination of the Applicants’ presently pending judicial review.

ORDER in IMM-4723-21

THIS COURT ORDERS that the motion for a stay of removal be granted until final determination of the Applicants’ presently pending judicial review.

"Michel M.J. Shore"

FEDERAL COURT

SOLICITORS OF RECORD

APPEARANCES:

SOLICITORS OF RECORD: