Figueroa v. Canada (Foreign Affairs, Trade and Development), 2017 FCA 58

Date: 20170323

Docket: A-112-16

Citation: 2017 FCA 58

Heard at Vancouver, British Columbia, on March 23, 2017.

Judgment delivered from the Bench at Vancouver, British Columbia, on March 23, 2017.

Date: 20170323

Docket: A-112-16

Citation: 2017 FCA 58

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Vancouver, British Columbia, on March 23, 2017).

NOËL C.J.

[1]               This is an appeal brought by Jose Luis Figueroa (the appellant) against an order of the Federal Court wherein Fothergill J. (the Motion judge) dismissed his motion for reconsideration brought under Rule 397 of the Federal Courts Rules, S.O.R./98-106.

[2]               By that motion, the appellant asked the Motion judge to reconsider his earlier decision dismissing an application for mandamus whereby the appellant sought to compel the Minister of Foreign Affairs, Trade and Development (the respondent) to process his request for a certification under section 10 of the Regulations Implementing the United Nations Resolutions on the Suppression of Terrorism, S.O.R./2001-369.

[3]               We are satisfied that the Motion judge made no error in refusing to reconsider his decision under the narrow scope of Rule 397. What the appellant asks us to do is to treat his motion for reconsideration as an appeal from the decision which he sought to have reconsidered. This is something which we cannot do, given that the matter proceeded and was decided pursuant to Rule 397.

[4]               The respondent made a request for some $4,000 in costs, but ultimately left the matter in the Court’s discretion.

[5]               The appeal will be dismissed with costs which we fix at $2,500, inclusive of disbursements.

"Marc Noël"

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

(APPEAL FROM AN ORDER OF THE HONOURABLE MR. JUSTICE FOTHERGILL OF THE FEDERAL COURT, DATED MARCH 31, 2016, NO. T-146-15)

APPEARANCES:

SOLICITORS OF RECORD: