Date: 20010920
Docket: A-787-00
Neutral citation: 2001 FCA 277
CORAM: LINDEN J.A.
SHARLOW J.A.
MALONE J.A.
BETWEEN:
ISTVAN SZEBENYI JR.
GIZELLA SZEBENYI
Appellants
- and -
HER MAJESTY THE QUEEN
Respondent
Heard at Toronto, Ontario, Wednesday, September 19, 2001
Judgment delivered at Toronto, Ontario,
on Thursday, September 20, 2001
REASONS FOR JUDGMENT BY: LINDEN J.A.
CONCURRED IN BY: SHARLOW J.A.
MALONE J.A.
Date: 20010920
Docket: A-787-00
Neutral citation: 2001 FCA 277
CORAM: LINDEN J.A.
SHARLOW J.A.
MALONE J.A.
BETWEEN:
ISTVAN SZEBENYI JR.
GIZELLA SZEBENYI
Appellants
- and -
HER MAJESTY THE QUEEN
Respondent
REASONS FOR JUDGMENT
LINDEN J.A.
[1] We have not been persuaded that the Motions Judge erred in his disposition of this matter. Therefore, the Order refusing permission to Mr. Szebenyi to represent his mother in this case must stand.
[2] Nevertheless, this does not preclude Mr. Szebenyi from seeking permission from the presiding Trial Judge to speak for his mother at the trial of this matter should it proceed to trial.
[3] The appeal will be dismissed, but, based on the material filed by the Minister, we do not think it appropriate to make any order as to costs of this appeal.
"A. M. Linden"
J.A.
"I agree
Karen R. Sharlow"
J.A.
"I agree
B. Malone"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-787-00
STYLE OF CAUSE: ISTVAN SZEBENYI JR.
GIZELLA SZEBENYI
Appellants
- and -
HER MAJESTY THE QUEEN
Respondent
DATE OF HEARING: WEDNESDAY, SEPTEMBER 19, 2001
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT BY: LINDEN J.A.
CONCURRED IN BY: SHARLOW J.A.
MALONE J.A.
DATED: THURSDAY, SEPTEMBER 20, 2001
APPEARANCES BY: Mr. Istvan Szebenyi Jr.
Mrs. Gizella Szebenyi
For the Appellants on their own behalf
Mr. Marcel Larouche
For the Respondent
SOLICITORS OF RECORD: Mr. Istvan Szebenyi Jr.
Mrs. Gizella Szebenyi
375 Trafalgar avenue
Oshawa, Ontario
L1H 3V2
For the Appellants
Morris Rosenberg
Deputy Attorney General
For the Respondent
FEDERAL COURT OF APPEAL
Date: 20010920
Docket: A-787-00
BETWEEN:
MINISTER OF CITIZENSHIP AND
ISTVAN SZEBENYI JR.
GIZELLA SZEBENYI
Appellants
- and -
HER MAJESTY THE QUEEN
Respondent
REASONS FOR JUDGMENT
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