Manning v. Canada (Minister of Citizenship and Immigration), docket IMM-1092-96

Date: 19980507

Docket: IMM-1092-96

EDMONTON, ALBERTA, THURSDAY, THE 7th DAY OF MAY, 1998.

PRESENT:      THE HONOURABLE MR. JUSTICE DOUGLAS R. CAMPBELL

BETWEEN:

     Applicant

     - and -

     THE MINISTER OF CITIZENSHIP

     AND IMMIGRATION

     Respondent

     REASONS FOR ORDER AND

     ORDER

UPON an application for judicial review being filed the 26th day of March, 1996, and leave having been granted by order dated November 18th, 1996;

THE COURT ORDERS THAT:

I am of the opinion that the evidence manifestly requires a different result. As there are no reasons to explain the rationale for how it was reached, I set the opinion aside under s. 18.1(4)(d) as it is based on an erroneous finding of fact made in a capricious manner and without regard to the evidence.

                     "Douglas R. Campbell"

                             Judge

     NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT FILE NO.:                          IMM-1092-96             

STYLE OF CAUSE:                          Christopher Peter Manning

                                 v. The Minister of

                                 Citizenship and Immigration                                                     

PLACE OF HEARING:                      Edmonton, Alberta

DATE OF HEARING:                      May 7th , 1998

REASONS FOR ORDER

and ORDER OF THE COURT:                  Campbell, J.

APPEARANCES:

Michael Tilleard                          for the Applicant

Brad Hardstaff                          for the Respondent

Department of Justice

SOLICITORS OF RECORD:

Wright & McMenemy

Edmonton, Alberta                          for the Applicant

George Thomson

Deputy Attorney General of Canada              for the Respondent