Date: 19980805
Docket: IMM-3579-97
BETWEEN:
MANZOOR HUSSAIN
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR RULE 404(2) NOTICE
REED, J.:
[1] An application to set aside a visa officer's decision that did not award the applicant a sufficient number of points to allow his application for landing to be processed further was set, by order of this Court, for hearing in Toronto, on August 5, 1998, at 9:00 a.m. The applicant is a taxi driver in New York; the occupational classification under which he was applying for landed immigrant status can be described, in a general sense, as social worker. A review of the material on the file reveals that the application to set aside the visa officer's decision is totally without merit.
[2] At seven minutes to 9:00 a.m. on the morning of August 5, 1998, I was informed by the Registrar that Ms. Codina was on the telephone from New York City, asking that the judicial review hearing be conducted by way of telephone conference. No explanation was given as to why she had not arranged to appear on her client's behalf at the date, time and place that had been set by order of the Court. I instructed the Registrar to inform Ms. Codina that I did not consider it appropriate to proceed with a judicial review hearing by way of telephone conference, when an in person hearing had been scheduled, when counsel was making the request at the last minute from outside the country and had not arranged her affairs so that she could honour her responsibilities to her client and the Court. I refer again to the fact that no good explanation was given for her absence, and the request came a few minutes before the hearing was scheduled to commence. This is completely unacceptable conduct by counsel.
[3] The hearing was commenced as scheduled, with the applicant being unrepresented. After indicating that I would dismiss the application, I sought representation from counsel for the respondent as to costs. She indicated that she had heard from Ms. Codina the previous afternoon when Ms. Codina sought counsel for the respondent's consent to proceeding by way of teleconference. Counsel for the respondent took the position, at that time, that it was not a matter on which she was prepared to take a position, and that it was a matter for this Court. She also took the position that since she had not said, at that time, that she would make any representations with respect to cost, she was reluctant to take a strong position on that issue.
[4] After reflection, I have decided that a Notice should issue pursuant to Federal Court Rule 404(2) requiring Ms. Codina to show cause why an order of cost against her personally in the amount of $1,000.00 should not issue. The Notice will indicate that she may respond in writing or in person, as she wishes, and that such response should be made, if in writing, on or before August 18, 1998, and if in person by appearing before the Court in Ottawa at 10 a.m. on August 18, 1998.
[5] After dismissing the written application and deciding that an order against Ms. Codina personally for costs should be considered, it came to my attention that on July 17, 1998, Mr. Justice Teitelbaum, in IMM-3597-97, had issued an order requiring Ms. Codina to pay costs personally with respect to that application. She had failed to appear before the Court and sent another attorney to represent her, who informed the Court that he had no evidence to file and no submissions to make.
[6] It also subsequently came to my attention that a fax had been sent by Ms. Codina to a Registrar of the Court other than the one assigned to the hearing of the within application, at 8:42 a.m. on August 5, 1998, in anticipation that the request for a telephone hearing would be denied, asking for an adjournment of the hearing if such occurred. As noted, before this came to my attention the application had already been dismissed.
[7] For the reasons given, a Rule 404(2) Notice will issue.
"B. Reed"
Judge
Toronto, Ontario
August 5, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-3579-97
| STYLE OF CAUSE: MANZOOR HUSSAIN |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: WEDNESDAY, AUGUST 5, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: REED, J.
DATED: WEDNESDAY, AUGUST 5, 1998
APPEARANCES:
No one appearing
For the Applicant
Ms. Bridget O'Leary
For the Respondent
SOLICITORS OF RECORD:
Angie Codina
| Codina & Pukitis |
| 1708-390 Bay Street |
| Toronto, Ontario |
| M5H 2Y2 |
For the Applicant
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980805
Docket: IMM-3579-97
Between:
| MANZOOR HUSSAIN |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR RULE 404(2) NOTICE