Date: 19991202
Docket: T-1005-99
BETWEEN:
TONY AU, NEALE DOOKIE, GEORGE ENNS,
RAMESH JAIN, SIU M. LAI, LALIT LAKHANI, RAM MADHAVEN
and MUNWAR MERCHANT
Applicants
-and-
THE ATTORNEY GENERAL OF CANADA,
FRANK CANNATARO, DEREK CHIBBA, WING CHU,
JOE DiCHIARA, JOHN GOLLA, JEAN MARC GUINARD, IMRAN KHAN,
RAYMOND LAZZARA, ANUP LILADHAR, WINSTON LIM,
ANN MAYO, LEO MERWIAK, JOHN NOWOSELSKI,
and SALVATORE TRINGALI
Respondents
REASONS FOR ORDER AND ORDER
GILES A.S.P.:
[1] The application herein was issued by numerous applicants including Siu M. Lai against the Attorney General of Canada and 14 other individuals. The applicants except for Siu M.Lai discontinued. Siu M. Lai has continued but is no longer represented by a solicitor.
[2] Siu M. Lai has moved the Court for an extension of time to file an application record.
[3] Siu M. Lai has also moved the Court for an order changing the style of cause to one which will not show any of the respondents except the Attorney General and also none of the applicants except himself.
[4] The respondents other than the Attorney General (the "non AG respondents") have opposed the motion for extension on the grounds:
| 1. They were not properly served with a notice of motion. |
| 2. That the extension requested is indefinite because it seeks an extension until after the Public Service Commission ("Commission") provides transcripts which it does not do. |
| 3. The applicant has had months to request tapes and did not do so relying on his request for the materials before the commission. Which could not have been the tapes as they were prepared at the hearing. |
| 4. The non AG respondents have opposed the motion to change the style of cause to eliminate their names claiming that they have a direct interest in the outcome of the proceedings which challenge a decision. Which if decided differently might have cost them their jobs. They have no objection to the removal of the names of the other applicants originally prosecuting the application. |
[5] The responding Attorney General of Canada consents to an order extending the time to the applicant to file a record and suggest that it be 15 days from the date of the order as the Commission will probably not supply a transcript of the tapes of the hearing and is under no obligation to do so.
[6] The applicant has also requested in paragraph 4 of the written representations in reply to the respondent"s motion record of the Attorney General that the Court order the Commission to prepare a transcript of those portions of the tape that will be used by the applicant.
[7] The non AG respondents have been served with a notice of motion in time to respond to it as they have largely done.
[8] There is no question that the applicant had months to request copies of the tapes and has had time since that date to have copies made. It is quite apparent that the applicant was under the impression that the Commission was obliged to provide him with the transcripts and the tapes and was waiting for them to complete his record.
[9] The Commission is under no obligation to prepare transcripts for his use. If he needs transcripts, the applicant will have to prepare them himself. It may take some time to obtain transcripts and prepare the necessary supporting affidavits. I therefore intend to extend the time for the applicant"s record to the 10th of January, 2000.
[10] In my view, the non AG respondents will all be directly affected by the result of any judicial review and they should therefore remain parties to the proceeding. The statement of claim will be amended to remove the other applicants but none of the respondents will be removed. The attention of the parties is drawn to Rule 67(5) which may save some typing time.
ORDER
[11] The time for filing the applicant"s application record is extended to 10th January, 2000. The style of cause is amended to read:-
SIU M. LAI
Applicant
-and-
THE ATTORNEY GENERAL OF CANADA,
FRANK CANNATARO, DEREK CHIBBA, WING CHU,
JOE DiCHIARA, JOHN GOLLA, JEAN MARC GUINARD, IMRAN KHAN,
RAYMOND LAZZARA, ANUP LILADHAR, WINSTON LIM,
ANN MAYO, LEO MERWIAK, JOHN NOWOSELSKI,
and SALVATORE TRINGALI
Respondents
The applicant"s motions are otherwise dismissed.
"Peter A. K. Giles"
A.S.P.
Toronto, Ontario
December 2, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| STYLE OF CAUSE: TONY AU, NEALE DOOKIE, GEORGE ENNS, RAMESH JAIN, SIU M. LAI, LALIT LAKHANI, RAM MADHAVEN |
| THE ATTORNEY GENERAL OF CANADA, FRANK CANNATARO, DEREK CHIBBA, WING CHU, |
| JOE DiCHIARA, JOHN GOLLA, JEAN MARC GUINARD, IMRAN KHAN, |
| RAYMOND LAZZARA, ANUP LILADHAR, WINSTON LIM, |
| ANN MAYO, LEO MERWIAK, JOHN NOWOSELSKI, and SALVATORE TRINGALI |
CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369.
| REASONS FOR ORDER AND ORDER BY: GILES A.S.P. |
| DATED: THURSDAY, DECEMBER 2, 1999 |
WRITTEN SUBMISSIONS BY: Siu M. Lai
The Applicant on his own behalf
J. Sanderson Graham
For the Respondent
SOLICITORS OF RECORD:
651 Thamesford Terrace
Mississauga, Ontario
L5R 2B8
The Applicant on his own behalf
Morris Rosenberg
Deputy Attorney General of Canada
FEDERAL COURT OF CANADA
Date:19991122
Docket:IMM-4406-99
Between:
Applicant
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
Respondent
AND ORDER
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