Federal Court Decisions

Date: 20010426

Docket: IMM-3850-00

Neutral citation:2001 FCT 402

BETWEEN:

AMY AMERICA CASTRO JEREZANO

Applicant

-and-

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

                    REASONS FOR ORDER AND ORDER

GILES A.S.P.

[1]    Counsel for the Applicant has filed a motion seeking to be removed as solicitor of record. The application for judicial review is set down to be heard in less than a week. The motion was filed yesterday and was handed to a courier for service on the Applicant the day before, that is, May 24^th, 2001. If notice had been delivered the same day, the Applicant would have had only eight days to arrange representation at the hearing on May 2^nd, 2001.

[2]    Among the grounds on which counsel seeks to be removed are that the Applicant has failed to make arrangements to retain counsel. There is no suggestion that the Applicant has stopped instructing counsel. The evidence is all directed to the refusal by the Applicant to arrange for Legal Aid or other payment.

[3]    There is no indication that the Applicant wishes to abandon her application. I am most reluctant to release counsel whom I assume must be prepared to proceed save for some last minute matters because at this date, any replacement counsel would probably seek an adjournment of the scheduled May 2^nd, 2001 hearing. The Court schedule has long been arranged and it is too late to substitute another matter in the space reserved for this application.

[4]    The waste of judicial and other Court time because of fee collection difficulties of counsel is scarcely justifiable. However, the Applicant has known since a letter dated February 5^th, 2001 that counsel intended to remove himself as solicitor of record if payment arrangements were not made. Counsel indicates that he did not move because the client had again applied for Legal Aid. Legal Aid again was not granted because the client did not supply the necessary financial information to Legal Aid.

[5]                I am satisfied that in the circumstances, it is not certain that the judge at hearing would have any obligation to grant an adjournment if counsel were removed. I therefore will order counsel removed effective the date that proof of actual receipt of a copy of my order is filed with the Court.

ORDER

[6]                Terry S. Guerriero is removed as solicitor of record for the Applicant herein, effective the day that proof of actual receipt of a copy of this order is filed with the Court.

    "Peter A. K. Giles"

                                                                                                  A.S.P.                        

Toronto, Ontario

April 26, 2001

FEDERAL COURT OF CANADA

Names of Counsel and Solicitors of Record

COURT NO:                                        IMM-3850-00

STYLE OF CAUSE:                             AMY AMERICA CASTRO JEREZANO

Applicant

-and-

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369

REASONS FOR ORDER

AND ORDER BY:                                GILES A.S.P.

DATED:                                                THURSDAY, APRIL 26, 2001

WRITTEN SUBMISSIONS BY:     

No position taken by the Respondent:

Terry S. Guerriero        

For the Applicant          

SOLICITORS OF RECORD:           Terry S. Guerriero

Barrister & Solicitor

110 - 21 King Street West

London, Ontario

N6A 5H3

For the Applicant

Morris Rosenberg

Deputy Attorney General of Canada

For the Respondent

FEDERAL COURT OF CANADA

                            Date: 20010426

                                                                                        Docket: IMM-3850-00

Between:

AMY AMERICA CASTRO JEREZANO

Applicant

-and-

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

                                                 

REASONS FOR ORDER

AND ORDER