Gonzalez v. Canada (Minister of Citizenship and Immigration), docket IMM-2763-00

Date: 20001120

Docket: IMM-2763-00

PRESENT:      THE HONOURABLE MR. JUSTICE NADON

BETWEEN:

     DAVID ARTURO ESCUDERO GONZALEZ

     Applicant

     - and -

     MINISTER OF CITIZENSHIP

     AND IMMIGRATION

     Respondent

     ORDER AND REASONS FOR ORDER

     UPON MOTION, dated the 3^rd day of November, 2000, on behalf of applicant, for:

1.      an order pursuant to Rules 54, 96(2) and 97 of the Federal Court Rules; or

2.      an order adjourning cross-examination and preparation of a further Memorandum by the Applicant. The cross-examination of Affidavit evidence was scheduled to be completed by November 3, 2000, the Memorandum by November 14, 2000.

THIS COURT ORDERS:

     That part of the applicant's motion which seeks an order striking the affidavit of Brenda Heal is dismissed.

     With respect to the applicant's alternative request i.e. that this judicial review application be treated and proceeded with as an action, this matter shall be held in abeyance pending the applicant's cross-examinations of Ms. Heal on her affidavit. The said cross-examination is to be completed by November 30, 2000 and a copy of the transcript shall be provided to the undersigned within 15 days of completion of the cross-examination.

     Following receipt of this transcript, I shall contact counsel for further arguments concerning the applicant's request that this judicial review application be treated as an action. Because of this turn of events, the hearing scheduled for December 13, 2000 in Vancouver is hereby adjourned sine die.

I HEREBY CERTIFY that the above document

is a true copy of the original filed of record

in the Registry of the Federal Court of Canada

in the _______ day of ___________ A.D. 20 ___

_

Dated this _______ day of ____________ 20 ____

     ________________________

     Nancy Gagné, Registry Officer

1

             (Sgd.) "Marc Nadon"

                 Judge

VANCOUVER, British Columbia

November 20, 2000

     FEDERAL COURT OF CANADA

     TRIAL DIVISION

     NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:      IMM-2763-00

STYLE OF CAUSE:      DAVID ARTURO ESCUDERO GONZALEZ

     v.

     MINISTER OF CITIZENSHIP AND IMMIGRATION

    

PLACE OF HEARING:      Vancouver, BC

DATE OF HEARING:      November 20, 2000

REASONS FOR ORDER AND ORDER OF NADON J.

DATED:      November 20, 2000

APPEARANCES:

Ms. Fiona Begg          FOR PLAINTIFF

Ms. Helen Park

         FOR DEFENDANT

SOLICITORS OF RECORD:

Fiona Begg

Barrister & Solicitor          FOR PLAINTIFF

Morris Rosenberg

Deputy Attorney General          FOR DEFENDANT

of Canada