IMM-2652-97
OTTAWA, ONTARIO, FRIDAY, THE 22ND DAY OF AUGUST, 1997
PRESENT: THE HONOURABLE MR. JUSTICE RICHARD
BETWEEN:
SOUTHAM INC. and JACQUIE MILLER,
Applicants,
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION,
Respondent.
ORDER AND REASONS FOR ORDER
The applicants made a motion for:
| 1. an order pursuant to Rule 327.1 of the Federal Court Rules granting the applicants an expedited hearing; |
| 2. an order pursuant to Rule 327.2(b) of the Federal Court Rules establishing a date, time and place for the hearing of the application for judicial review prior to September 24, 1997; |
| 3. such further and other order as counsel may request and this Honourable Court may deem just. |
Sections 82.1 to 84 of the Immigration Act and the Federal Court Immigration Rules, 1993, provide a special code that governs judicial review in immigration matters.
Leave must be sought and obtained in order to bring a judicial review application.
The applicants filed an application for leave on June 26, 1997. They served their application record on July 30, 1997 and filed it on July 31, 1997. Pursuant to Rule 11, the respondent's material must be filed with proof of service no later than August 29, 1997. The applicant may serve and file a reply memorandum within 10 days after the day of service of the respondent's memorandum of argument. Once these steps have been completed or the time for them has expired, a judge may determine the application for leave on the basis of the materials then filed. Rule 15(1) mandates that an order granting leave shall fix a day no sooner than thirty days and no later than ninety days after the date of the order for the hearing of the application for judicial review.
In these circumstances, the applicants' motion for an order granting them an expedited hearing is premature and must therefore be dismissed at this stage of the proceeding.
Judge
FEDERAL COURT OF CANADA TRIAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS ON THE RECORD
COURT FILE NO.: IMM-2652-97
STYLE OF CAUSE: SOUTHAM INC. AND JACQUIE MILLER v.
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
MOTION DEALT WITH IN WRITING WITHOUT THE APPEARANCE OF PARTIES
ORDER AND REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE RICHARD DATED: AUGUST 22, 1997
APPEARANCES:
NEIL R. WILSON FOR THE APPLICANT
DARRELL KLOEZE FOR THE RESPONDENT
SOLICITORS ON THE RECORD:
GOWLING STRATHY & HENDERSON FOR THE APPLICANT OTTAWA
MR. GEORGE THOMSON FOR THE RESPONDENT DEPUTY ATTORNEY GENERAL OF CANADA
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