IMM-834-97
MONTRÉAL, QUEBEC, THIS 16th DAY OF
APRIL 1997
PRESENT: THE
HONOURABLE MR. JUSTICE LUTFY
BETWEEN: THEODORE
TRUSEWICZ,
BERNADETTE
MERTUS,
DIDIER
TRUSEWICZ,
ALEXANDRE
TRUSEWICZ,
AURORE
TRUSEWICZ,
Applicants,
AND:
MINISTER
OF CITIZENSHIP
AND
IMMIGRATION,
Respondent.
Notice of motion
seeking an order staying execution of the removal orders against the applicants
until final judgment is rendered in file nos. IMM‑832‑97 and IMM‑834‑97
and for leave to strike out the words [translation]
"Originating Notice of Motion" in the originating document.
(Section
18.2 of the Federal Court Act and
Rule
319 of the Federal Court Rules)
O
R D E R
The application for an order
staying execution of the removal order is dismissed.
Allan Lutfy
Judge
Certified true translation
C. Delon, LL.L.
IMM-834-97
BETWEEN: THEODORE
TRUSEWICZ,
BERNADETTE
MERTUS,
DIDIER
TRUSEWICZ,
ALEXANDRE
TRUSEWICZ,
AURORE
TRUSEWICZ,
Applicants,
AND:
MINISTER
OF CITIZENSHIP
AND
IMMIGRATION,
Respondent.
REASONS
FOR ORDER
LUTFY J.
The tests that are to be
applied in an application for an order staying execution of a removal order are
set out in Toth v. Canada (M.E.I.) (1988), 86 N.R. 302.
Even if the Court were to
assume that there was a serious issue to be tried, and I express no opinion on
this point, I find that the applicant has not established irreparable harm.
The applicants arrived in Canada on
October 31, 1996, a few days after they had paid the processing and landing
fees but before they were informed of a decision concerning their application.
They have not yet completed the transaction relating to the acquisition of the
business in Quebec. The children of the Trusewicz family are currently
students in Quebec.
The fact that the applicants
may suffer economic and social inconvenience does not amount to irreparable
harm. (See Kerratt v. M.E.I. (1992), 53 F.T.R. 93; Sora v. M.E.I.,
IMM-2220-93 (January 14, 1993); Sanchez v. M.E.I., IMM-2884-95 (December
8, 1995); and Khan v. M.E.I. (1992), 58 F.T.R. 98.)
Accordingly, the application
for an order staying execution of the removal order is dismissed.
Montréal, Quebec
April 16, 1997
Allan Lutfy
Judge
Certified true translation
C. Delon, LL.L.
FEDERAL
COURT
TRIAL
DIVISION
IMM-834-97
BETWEEN:
THEODORE
TRUSEWICZ ET AL.,
Applicants,
AND:
MINISTER OF
CITIZENSHIP AND IMMIGRATION,
Respondent.
REASONS
FOR ORDER
FEDERAL
COURT
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
COURT FILE NO: IMM-834-97
STYLE OF CAUSE: THEODORE
TRUSEWICZ ET AL.
Applicants,
AND:
MINISTER OF
CITIZENSHIP AND IMMIGRATION,
Respondent.
PLACE OF HEARING: Montréal,
Quebec
DATE OF HEARING: April
14, 1997
REASONS FOR ORDER OF LUTFY J.
DATED: April
16, 1997
APPEARANCES:
Sylvain Lepage for
the applicants
Jocelyne Murphy for
the respondent
SOLICITORS OF RECORD:
GRONDIN, POUDRIER, BERNIER
Québec, Quebec for
the applicants
George Thomson
Deputy Attorney General
of Canada
Ottawa, Ontario for
the respondent
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