Date: 20010426
Docket: IMM-3850-00
Neutral citation:2001 FCT 402
BETWEEN:
AMY AMERICA CASTRO JEREZANO
Applicant
-and-
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
GILES A.S.P.
[1] Counsel for the Applicant has filed a motion seeking to be removed as solicitor of record. The application for judicial review is set down to be heard in less than a week. The motion was filed yesterday and was handed to a courier for service on the Applicant the day before, that is, May 24th, 2001. If notice had been delivered the same day, the Applicant would have had only eight days to arrange representation at the hearing on May 2nd, 2001.
[2] Among the grounds on which counsel seeks to be removed are that the Applicant has failed to make arrangements to retain counsel. There is no suggestion that the Applicant has stopped instructing counsel. The evidence is all directed to the refusal by the Applicant to arrange for Legal Aid or other payment.
[3] There is no indication that the Applicant wishes to abandon her application. I am most reluctant to release counsel whom I assume must be prepared to proceed save for some last minute matters because at this date, any replacement counsel would probably seek an adjournment of the scheduled May 2nd, 2001 hearing. The Court schedule has long been arranged and it is too late to substitute another matter in the space reserved for this application.
[4] The waste of judicial and other Court time because of fee collection difficulties of counsel is scarcely justifiable. However, the Applicant has known since a letter dated February 5th, 2001 that counsel intended to remove himself as solicitor of record if payment arrangements were not made. Counsel indicates that he did not move because the client had again applied for Legal Aid. Legal Aid again was not granted because the client did not supply the necessary financial information to Legal Aid.
[5] I am satisfied that in the circumstances, it is not certain that the judge at hearing would have any obligation to grant an adjournment if counsel were removed. I therefore will order counsel removed effective the date that proof of actual receipt of a copy of my order is filed with the Court.
ORDER
[6] Terry S. Guerriero is removed as solicitor of record for the Applicant herein, effective the day that proof of actual receipt of a copy of this order is filed with the Court.
"Peter A. K. Giles"
A.S.P.
Toronto, Ontario
April 26, 2001
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-3850-00
STYLE OF CAUSE: AMY AMERICA CASTRO JEREZANO
Applicant
-and-
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369
REASONS FOR ORDER
AND ORDER BY: GILES A.S.P.
DATED: THURSDAY, APRIL 26, 2001
WRITTEN SUBMISSIONS BY:
No position taken by the Respondent:
Terry S. Guerriero
For the Applicant
SOLICITORS OF RECORD: Terry S. Guerriero
Barrister & Solicitor
110 - 21 King Street West
London, Ontario
N6A 5H3
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20010426
Docket: IMM-3850-00
Between:
AMY AMERICA CASTRO JEREZANO
Applicant
-and-
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER
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