Date: 20001129
Docket: T-1816-00
BETWEEN:
DAVINDER SINGH
Plaintiff
- and -
HER MAJESTY THE QUEEN
Defendant
REASONS FOR ORDER AND ORDER
O'KEEFE J.
[1] This is a motion by Davinder Singh (the "plaintiff") seeking the following relief:
| . . . an interim declaration that the defendants [sic] and its servants are in continuing violation of the charter of Rights of the Plaintiff as guaranteed to the Plaintiff, under sections 1, 7 and 15 of the charter of the Rights of the Canadian constitution, and for the interim directions for such damages [sic] or compensation in the meanwhile, as this Honourable court may deem fit and proper under the facts and circumstances of this case, in view of their continuing inaction in view of the Plaintiffs lawyers letter dated April 21st, 2000, which the defendants have admitted to have received [sic] . . . |
[2] The plaintiff came to Canada as a convention refugee claimant in 1995, but his claim was not accepted.
[3] He has made a humanitarian and compassionate ("H & C") application in October, 1997 which has been denied. As well, his April, 2000 application for permanent residence in Canada was denied.
[4] In April, 2000 the plaintiff requested a reconsideration of his negative H & C decision by the defendant but apparently no action has been taken with respect to the letter.
[5] On September 29, 2000 the plaintiff filed a statement of claim against the defendant which claimed various relief, including a claim for damages and other interim relief including injunctions. The plaintiff also claims damages under subsection 24(1) of the Charter of Rights and Freedoms (the "Charter") for breach of his Charter rights.
[6] The defendants have filed a statement of defence to the claim, but affidavits of documents have not been exchanged and discovery has not taken place. The plaintiff has filed his reply.
Issue
[7] Should the relief requested in this motion by the plaintiff be granted?
Analysis and Decision
[8] This proceeding was commenced by the plaintiff as an action and by the Rules of Court, certain steps must be followed as the action progresses. The action is not yet ready for trial. The relief requested by the plaintiff in this motion is part of the relief requested by the plaintiff in his statement of claim. Whether or not that relief will be granted is a matter for the trial judge. If I grant a declaration now, I would be declaring the rights of the parties to the action without a trial. I am not prepared to grant such a motion.
[9] The motion is therefore dismissed.
[10] The defendant has asked that costs in the amount of $500 be awarded to it. I am not prepared to order the plaintiff to pay the costs of the motion. There will be no order as to costs.
ORDER
[11] IT IS ORDERED THAT the motion of the plaintiff is dismissed.
"John A. O'Keefe"
J.F.C.C.
Toronto, Ontario
November 29, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| STYLE OF CAUSE: DAVINDER SINGH |
Plaintiff
-and-
HER MAJESTY THE QUEEN
Defendant
| DATE OF HEARING: MONDAY, NOVEMBER 27, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
REASONS FOR ORDER
DATED: WEDNESDAY, NOVEMBER 29, 2000
| APPEARANCES BY: Mr. Davinder Singh |
| For the Plaintiff, on his own behalf |
For the Defendant
| SOLICITORS OF RECORD: Davinder Singh |
1429 Landsdowne Avenue
Toronto, Ontario
M6H 3Z9
| For the Plaintiff, on his own behalf |
Morris Rosenberg
Deputy Attorney General of Canada
For the Defendant
FEDERAL COURT OF CANADA
Date: 20001129
Docket:T-1816-00
Between:
DAVINDER SINGH
Plaintiff
-and-
Defendant
AND ORDER
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