Date: 20011031
Docket: A-530-00
Neutral citation: 2001 FCA 329
CORAM: ROTHSTEIN J.A.
EVANS J.A.
MALONE J.A.
BETWEEN:
MINISTER OF CITIZENSHIP AND IMMIGRATION
Applicant
(Respondent in the Trial Division)
- and -
FOLARIN OGUNMEFUN
Respondent
(Applicant in the Trial Division)
Heard at Toronto, Ontario, Wednesday, October 31, 2001
Judgment delivered from the Bench at Toronto,
Ontario, on Wednesday, October 31, 2001
REASONS FOR JUDGMENT OF THE COURT BY: ROTHSTEIN J.A.
Date: 20011031
Docket: A-530-00
Neutral citation: 2001 FCA 329
CORAM: ROTHSTEIN J.A.
EVANS J.A.
MALONE J.A.
BETWEEN:
MINISTER OF CITIZENSHIP AND IMMIGRATION
Applicant
(Respondent in the Trial Division)
- and -
FOLARIN OGUNMEFUN
Respondent
(Applicant in the Trial Division)
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario
on Wednesday, October 31, 2001)
ROTHSTEIN J.A.
Counsel for the Minister advises that the Respondent has been landed and has been granted permanent residence. The appeal is therefore moot. While the Court might exercise its discretion to proceed notwithstanding, the Respondent has not filed a notice of appearance or a factum and the Court will not be in a position to hear considered argument from both parties. For this reason alone, we are of the opinion that we should not exercise our discretion to hear and decide this matter on its merits. The appeal will be dismissed for mootness.
"Marshall Rothstein"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-530-00
STYLE OF CAUSE: MINISTER OF CITIZENSHIP AND IMMIGRATION
Applicant
(Respondent in the Trial Division)
- and -
FOLARIN OGUNMEFUN
Respondent
(Applicant in the Trial Division)
DATE OF HEARING: WEDNESDAY, OCTOBER 31, 2001
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
OF THE COURT BY: ROTHSTEIN J.A.
DELIVERED FROM THE BENCH AT TORONTO, ONTARIO ON WEDNESDAY,
OCTOBER 31, 2001.
APPEARANCES BY: Mr. David Tyndale
For the Appellant
No one appearing on behalf of the Respondent
SOLICITORS OF RECORD: Morris Rosenberg
Deputy Attorney General of Canada
For the Appellant
No solicitor of record
For the Respondent
FEDERAL COURT OF APPEAL
Date: 20011031
Docket: A-530-00
BETWEEN:
MINISTER OF CITIZENSHIP AND IMMIGRATION
Applicant
(Respondent in the Trial Division)
- and -
FOLARIN OGUNMEFUN
Respondent
(Applicant in the Trial Division)
REASONS FOR JUDGMENT
OF THE COURT
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