Date:
20240314
|
Docket:
imm-2289-22
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Ottawa, Ontario
,
March 14, 2024
|
PRESENT:
The Honourable Madam Justice McVeigh
|
BETWEEN:
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OLAOLUWA OLUFUMBI OGUNKOYA
|
Applicant
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and
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THE MINISTER OF CITIZENSHIP AND IMMIGRATION
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Respondent
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ORDER
UPON APPLICATION for leave of the Court to commence an application for judicial review of the decision of an Immigration Officer of Immigration, Refugees and Citizenship Canada, dated
February 28, 2022
;
AND UPON READING the material filed;
THIS COURT ORDERS that:
The application for leave is granted, and the application for judicial review is deemed to have been commenced.
The hearing of the application for judicial review shall take place before this Court
in person at the Federal Court, 180 Queen Street West, in the City of Toronto, in the Province of Ontario
, on
Wednesday, June 5, 2024
, to commence at
11:00 a.m.
(Eastern Time)
,
for
a duration not exceeding
ninety (90) minutes
. The presumptive mode of hearing and the process to request a change in the mode of hearing are set out at paragraph 61 of this Court’s Amended Consolidated General Practice Guidelines, dated December 20, 2023.
The hearing shall be conducted in
the English language
, unless one of the parties notifies the Registry of the Court otherwise.
Within fifteen (15) days of receipt of this Order, the parties shall consider the possibility of settling the application, and if both agree that it is appropriate, they shall engage in settlement discussions, and the respondent shall file a statement of the outcome, and
(a)If settlement is reached, the parties shall then take necessary steps to discontinue the application or request a judgment on consent; or
(b)If no settlement is reached, the parties may advise the Court that settlement is a reasonable possibility, and may request the Court’s assistance in facilitating settlement. The Court will consider providing such assistance when settlement discussions are at an advanced stage and there is some reasonable prospect of achieving a settlement. In such cases, the Court may provide one session of judicially assisted mediation that will not delay the scheduled hearing. Court mediation is contingent on available judicial resources.
All materials to be filed by either party – including those filed prior to leave being granted – must be compliant with the features for electronic documents as set out at paragraph 18 of this Court’s Amended Consolidated General Practice Guidelines. These include: (a) page numbering and pinpoint references; (b) bookmarking; (c) optical character recognition [OCR] information; and (d) special procedures for confidential documents.
Further affidavits, if any, shall be served and filed by the
applicant
on or before
Monday, April 8, 2024
.
Further affidavits, if any, shall be served and filed by the
respondent
on or before
Thursday, April 18, 2024
.
Cross-examinations on affidavits, if any, shall be completed on or before
Monday, April 29, 2024
.
The
applicant's
further memorandum of argument, if any, shall replace the
applicant's
memorandum of argument filed pursuant to Rule 10 and reply memorandum (if any) filed pursuant to Rule 13, and shall be served and filed on or before
Wednesday, May 8, 2024
.
The
respondent's
further memorandum of argument, if any, shall replace the
respondent's
memorandum (if any) filed pursuant to Rule 11, and shall be served and filed on or before
Tuesday, May 21, 2024
.
The transcript of cross-examinations on affidavits, if any, shall be filed on or before
Tuesday, May 21, 2024
.
Notwithstanding the above, parties may consent to an alternate time line for completing the steps in paragraphs 6 and 7 (further affidavits), 8 (cross-examinations), 9 and 10 (further memoranda), and 11 (transcript of cross-examinations on affidavits), in which case a joint amended schedule shall be filed with the Registry. All steps shall be completed no later than the date set under paragraph 11 for submission of the transcript of cross-examinations, if any.
Books of Authorities shall be filed no later than end of day on the Friday preceding the hearing, pursuant to paragraph 75 of this Court’s Amended Consolidated General Practice Guidelines.
|
"Glennys L. McVeigh"
|
|
Judge
|
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