Minhas v. Canada (Minister of Citizenship and Immigration), docket IMM-3860-97

Date: 19980825

Docket: IMM-3860-97

BETWEEN:

     TAUQEER MINHAS

     Applicant

     - and -

     THE MINISTER OF CITIZENSHIP AND IMMIGRATION

     Respondent

     REASONS FOR RULE 404(2) NOTICE

ROTHSTEIN, J.:

[1]      The applicant applied for judicial review of a decision of a visa officer which failed to award the applicant sufficient number of units of assessment to allow his application for landing to be processed further. The judicial review was set down for hearing by order for August 25, 1998, at 9:00 a.m. Counsel of record for the applicant was Ms. Angie Codina. A few minutes before 9:00 a.m. on the morning of August 25, 1998, I was informed by the Registrar that Ms. Codina had telephoned from New York City asking that the judicial review be conducted by way of conference call. Ms. Codina indicated that she had asked other counsel to represent the applicant but that yesterday other counsel advised that he would not be able to argue the case. Ms. Codina said that she attempted to reach other lawyers in Toronto yesterday but without success. Ms. Codina advised the Registrar that she had not advised the Court that she would not be appearing and that other counsel would be here in her place. Informally the Court ascertained that she had contacted Nima Hejazi to act in the matter. He did not appear. Ms. Codina was counsel of record and it was her responsibility to see that the applicant was represented.

[2]      The same or similar circumstances have been occasioned by Ms. Codina's failure to appear in other matters before this Court, three of which are Hussain v. MCI IMM-3579-97, Hafeez v. MCI IMM-3597-97, and Jahanzeb v. MCI IMM-2616-97. In all three cases costs have been awarded personally against Ms. Codina for failure to appear.

[3]      Ms. Codina's actions appear to be unacceptable. For this reason the Notice under Rule 404(2) is being issued.

"Marshall Rothstein"

Judge

Toronto, Ontario

August 27, 1998

     FEDERAL COURT OF CANADA

     Names of Counsel and Solicitors of Record

COURT NO:                          IMM-3860-97

STYLE OF CAUSE:                      TAUQEER MINHAS

                             - and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                            

DATE OF HEARING:                  TUESDAY, AUGUST 25, 1998

PLACE OF HEARING:                  TORONTO, ONTARIO

REASONS FOR ORDER BY:              ROTHSTEIN, J.

DATED:                          THURSDAY, AUGUST 27, 1998

APPEARANCES:                     

                                 For the Applicants

                             Ms. Bridget A. O'Leary

                                 For the Respondent

SOLICITORS OF RECORD:              Codina & Pukitis

                             Barristers & Solicitors

                             1708-390 Bay St.,

                             Toronto, Ontario

                             M5H 2Y2

                                 For the Applicant

                              Morris Rosenberg

                             Deputy Attorney General

                             of Canada

                                 For the Respondent

                            

                         FEDERAL COURT OF CANADA

                                 Date: 19980827

                        

         Docket: IMM-3860-97

                             Between:

TAUQEER MINHAS

     Applicant

                             - and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                        

     Respondent

                    

                        

            

                                                                         REASONS FOR RULE 404(2) NOTICE