Date: 20070625
Docket: A-485-06
Citation: 2007 FCA 248
CORAM: SEXTON
J.A.
SHARLOW
J.A.
RYER
J.A.
BETWEEN:
THE
MINISTER OF CITIZENSHIP AND IMMIGRATION AND
HER MAJESTY THE QUEEN
Appellants
and
HASSAN
SAMIMIFAR
Respondent
Heard at Toronto, Ontario, on June 25, 2007.
Judgment delivered from the Bench
at Toronto, Ontario on June 25, 2007.
REASONS FOR JUDGMENT OF THE COURT BY: RYER
J.A
Date: 20070625
Docket: A-485-06
Citation: 2007 FCA 248
CORAM: SEXTON
J.A.
SHARLOW
J.A.
RYER
J.A.
BETWEEN:
THE MINISTER OF CITIZENSHIP AND
IMMIGRATION AND
HER MAJESTY THE QUEEN
Appellants
and
HASSAN
SAMIMIFAR
Respondent
REASONS FOR JUDGMENT OF THE
COURT
(Delivered from the Bench at Toronto, Ontario, on June 25, 2007)
RYER J.A.
[1]
This is an
appeal from a decision of Justice Snider (2006 FC 1301) dismissing a motion by
the Crown for summary judgment to dismiss a claim for damages that the
respondent allegedly suffered as a result of a delay on the part of Citizenship
and Immigration Canada in processing his application for permanent residence in
Canada.
[2]
Justice
Snider determined that the test for summary judgment was whether there was a
genuine issue for trial. Having reviewed the evidence, the extensive caselaw
that she was directed to and the detailed arguments of counsel, she determined
that even though there were many difficulties with the respondent’s case, it
had not been established that his case was so doubtful that it did not deserve
to be heard by the trial court. Accordingly, she concluded that there was a
genuine issue for trial and dismissed the Crown’s motion.
[3]
We are
unable to discern any error of law or any palpable and overriding factual error
on the part of Justice Snider in reaching her decision and accordingly, without
commenting upon the merits of the claim, we will dismiss the appeal with
costs.
“C.
Michael Ryer”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-485-06
An appeal to the Federal Court of
Appeal, from the Order of Madam Justice Snider, dated October 30, 2006, from
file IMM-6468-03, whereby the Appellants’ motion for summary judgment of the
action, was dismissed, in part.
STYLE OF CAUSE: THE MINISTER OF CITIZENSHIP AND
IMMIGRATION ET AL
Appellants
and
HASSAN
SAMIMIFAR
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: JUNE
25, 2007
REASONS FOR JUDGMENT OF THE
COURT BY: (SEXTON, SHARLOW & RYER JJ.A.)
DELIVERED FROM THE BENCH BY: RYER J.A.
APPEARANCES:
|
Marina Stefanovic
Margherita Braccio
|
FOR THE APPELLANT
|
|
Lorne
Waldman
Tanya Tokar
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
|
John H. Sims, Q.C.
Deputy Attorney General of Canada
|
FOR THE
APPELLANT
|
|
Waldman &
Associates
Toronto, Ontario
|
FOR THE
RESPONDENT
|
Date: 20070625
Docket: A-485-06
Toronto,
Ontario, June 25, 2007
CORAM: SEXTON J.A.
SHARLOW
J.A.
RYER
J.A.
BETWEEN:
THE MINISTER
OF CITIZENSHIP AND IMMIGRATION AND
HER MAJESTY
THE QUEEN
Appellant
and
HASSAN
SAMIMIFAR
Respondent
JUDGMENT
The appeal is dismissed with cost.
“J. Edgar Sexton ”
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