T-1799-96
Present: Joyal, J.
Between:
IN THE MATTER OF the Citizenship Act,
R.S.C., 1985, C. C-29
AND IN THE MATTER OF an appeal from the
decision of a Citizenship Judge
AND IN THE MATTER OF
YING KIT WILLIAM HO,
Appellant.
REASONS FOR ORDER
After hearing the evidence of the appellant and upon reviewing the record and upon hearing from counsel for the appellant as well as from the Amicus Curiae, I should conclude that the appellant meets the residency test imposed by sub-sub.5 (1)(c) of the Citizenship Act and consequently qualifies for Canadian citizenship.
Lengthy absences, periods of residence, establishment of a successful business venture in Canada, the permanent nature of his family relationship in Canada with spouse and child, all of these indicia are, in my respectful view, favourable to the application of the doctrine of constructive residency to the case at bar. There is no doubt that the appellant's center of interest throughout the statutory period has been and has remained Canada.
"L. Marcel Joyal"
Judge
Toronto, Ontario
November 26, 1997
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: T-1799-96
STYLE OF CAUSE: IN THE MATTER OF the Citizenship Act,
R.S.C., 1985, C. C-29
AND IN THE MATTER OF an appeal
from the decision of a Citizenship Judge
AND IN THE MATTER OF
YING KIT WILLIAM HO,
DATE OF HEARING: NOVEMBER 26, 1997
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: JOYAL, J.
DATED: NOVEMBER 26, 1997
APPEARANCES:
Mr. Gerald Kinasz
For the Appellant
Mr. Peter K. Large
Amicus Curiae
SOLICITORS OF RECORD: Mr. Gerald Kinasz
Abraham Duggan
Barristers and Solicitors
17 Dundonald Street
Toronto, Ontario
M4Y 1K3
For the Appellant
Mr. Peter K. Large
Barrister and Solicitor
610-372 Bay Street
Toronto, Ontario
M5H 2W9
Amicus Curiae
FEDERAL COURT OF CANADA
Court No.: T-1799-96
Between:
IN THE MATTER OF the Citizenship Act,
R.S.C., 1985, C. C-29
AND IN THE MATTER OF an appeal
from the decision of a Citizenship Judge
AND IN THE MATTER OF
YING KIT WILLIAM HO,
Appellant.
REASONS FOR ORDER