Date: 19991207
Docket: IMM-6321-98
MONTREAL, QUEBEC, THIS 7TH DAY OF DECEMBER, 1999
PRESENT: THE HONOURABLE MR. JUSTICE PELLETIER
BETWEEN:
PETR ZAYTSEV
-AND
VALENTINA ZAITSEVA
Applicants
-AND-
THE MINISTER OF CITIZENSHIP & IMMIGRATION
Respondent
REASONS FOR ORDER and ORDER
PELLETIER, J.:
[1] WHEREAS at the opening of the hearing of this case, Maître Latulippe, counsel for the respondent, advised the Court that he had been in touch with counsel for the applicant, Maître Duchow, by telephone and that, as a result of that conversation, he had the following information for the Court:
1- Maître Duchow did not propose to attend at Court because his clients had instructed him to discontinue the application and he would be filing a Notice of Discontinuance in the next few days.
2- Maître Duchow believed that this matter was not scheduled to be heard until a date later in the month of December.
3- In any event, Maître Duchow could not come to Court to make these representations himself because he was afflicted with a fever of 102 degrees; and
[2] WHEREAS none of this information had been previously communicated to the Court or to Registry by Maître Duchow; and
[3] WHEREAS a review of the Court file shows that a copy of the order fixing the date for the hearing of this application was mailed to Maître Duchow on September 15, 1999;
[4] NOW THEREFORE, it is ordered that:
1- the hearing of this application is adjourned sine die.
2- Maître Duchow shall appear before the Court on Monday January 10 at 9:00 a.m. at the Federal Court in Montreal to show cause why the costs of the day, December 7, should not be assessed against him personally.
3- Until further order of the Court, Registry is instructed not to accept for filing any Notice of Discontinuance with respect to this application for judicial review.
4- A copy of this order shall be mailed to the applicants at the address of record for them with the Convention Refugee Determination Division, Montreal.
J.D. Denis Pelletier
Judge
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 19991207
Docket: IMM-6321-98
BETWEEN:
PETR ZAYTSEV
AND
VALENTINA ZAITSEVA
Applicants
AND
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
and ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS ON THE RECORD
COURT FILE NO.: IMM-6321-98
STYLE OF CAUSE: PETR ZAYTSEV ET AL
Applicants
AND
THE MINISTER OF CITIZENSHIP
& IMMIGRATION
Respondent
PLACE OF HEARING: Montreal, Quebec
DATE OF HEARING: December 7, 1999
REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE PELLETIER
DATED: December 7, 1999
APPEARANCES:
Mr. Daniel Latulippe for the Respondent
SOLICITORS OF RECORD:
PAUL DUCHOW
Montreal (Quebec) for the Applicants
DEPUTY ATTORNEY GENERAL
OF CANADA
Ottawa (Ontario) for the Respondent
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