Date: 19980122
Docket: IMM-165-97
BETWEEN:
DONALD VAN ROSS
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
Let the attached certified transcript of my Reasons for Order delivered orally from the Bench at Toronto, Ontario, on November 26, 1997, be filed to comply with S. 51 of the Federal Court Act.
James A. Jerome
A.C.J.
Court File No. IMM-165-97
IN THE FEDERAL COURT OF CANADA TRIAL DIVISION
B E T W E E N:
DONALD VAN ROSS
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
----------------------
HELD BEFORE: The Associate Chief Justice, Jerome
HELD AT: 330 University Avenue, 9th Floor
Courtroom 7
Toronto, Ontario
REPORTER: Elizabeth Tsombanakis, CVR
REGISTRAR: Garnet Morgan
HELD ON: November 26, 1997
REASONS FOR JUDGMENT
A P P E A R A N C E S
MARY LAM, MS. --- for the Applicant
JAMES BRENDER, ESQ. --- for the Respondent
EXCERPT
INDEX OF PROCEEDINGS
PAGE NUMBER
Reasons by:
Associate Chief Justice Jerome
1 - 2
- - Reasons
REASONS
HIS LORDSHIP: I am sorry that I cannot accept those submissions, Ms. Lam. This case will be dismissed.
I have already given some indication of the Reasons that I will decide that I will incorporate at least with respect to the of bias and the identity, or decision-making process that and with respect to the last for a little extra argument, directly the entire issue has been dealt with by Madam Justice Simpson at page 154, where she makes reference exactly, precisely, to Mr. Justice Wetston's reasoning in Margues, the case which you proposed to bring to the support of your applicant here.
She rejects that reasoning. She says, "The applicant has urged this approach on me, and with respect, I am unable to adopt it." If she is right, then it would be wrong for me to do it, and therefore, perhaps a Court of Appeal may set both of us right on this, but nevertheless, I agree with her reasoning, and I am bound by it, whether I agree with it or not.
first two points, that whether it is a proper has been observed here, point on which I asked I believe that quite
- 2 - Reasons
Therefore, with respect to all three points that you have raised this afternoon, your application is dismissed.
What I will be doing today, then, is I will make an endorsement that, for Reasons given orally, the application is dismissed, and that brief written Reasons will be filed, and I will file them when I have had a chance to edit the transcript just of my Reasons. Thank you.
MR. BRENDER: Thank you, My Lord.
Upon adjourning at 2:39 p.m.
I hereby certify the foregoing to be a true and accurate transcription of the above noted proceedings held before me on the 26th DAY OF NOVEMBER, 1997 and taken to the best of my skill, ability and understanding.
Certified Correct:
Elizabeth Tsombanakis
Certified Verbatim Reporter
360-6117
FEDERAL COURT OF CANADA TRIAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS ON THE RECORD
COURT FILE NO.: IMM-165-97
STYLE OF CAUSE: DONALD VAN ROSS v MCI
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: November 26, 1997
REASONS FOR ORDER OF THE ASSOCIATE CHIEF JUSTICE
DATED: January 22, 1998
APPEARANCES
Ms. Mary Lam FOR THE APPLICANT
Mr. James Brender FOR THE RESPONDENT
SOLICITORS ON THE RECORD:
Mr. Cecil L. Rotenberg
Don Mills, Ontario
FOR THE APPLICANT
Mr. George Thomson
Deputy Attorney General of Canada
FOR THE RESPONDENT