Date: 20001120
Docket: IMM-2763-00
PRESENT: THE HONOURABLE MR. JUSTICE NADON
BETWEEN:
DAVID ARTURO ESCUDERO GONZALEZ
Applicant
- and -
MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
ORDER AND REASONS FOR ORDER
UPON MOTION, dated the 3rd day of November, 2000, on behalf of applicant, for:
| 1. an order pursuant to Rules 54, 96(2) and 97 of the Federal Court Rules; or |
| 2. an order adjourning cross-examination and preparation of a further Memorandum by the Applicant. The cross-examination of Affidavit evidence was scheduled to be completed by November 3, 2000, the Memorandum by November 14, 2000. |
THIS COURT ORDERS:
That part of the applicant's motion which seeks an order striking the affidavit of Brenda Heal is dismissed.
With respect to the applicant's alternative request i.e. that this judicial review application be treated and proceeded with as an action, this matter shall be held in abeyance pending the applicant's cross-examinations of Ms. Heal on her affidavit. The said cross-examination is to be completed by November 30, 2000 and a copy of the transcript shall be provided to the undersigned within 15 days of completion of the cross-examination.
Following receipt of this transcript, I shall contact counsel for further arguments concerning the applicant's request that this judicial review application be treated as an action. Because of this turn of events, the hearing scheduled for December 13, 2000 in Vancouver is hereby adjourned sine die.
I HEREBY CERTIFY that the above document
is a true copy of the original filed of record
in the Registry of the Federal Court of Canada
in the _______ day of ___________ A.D. 20 ___
_
Dated this _______ day of ____________ 20 ____
________________________
Nancy Gagné, Registry Officer
1
(Sgd.) "Marc Nadon"
Judge
VANCOUVER, British Columbia
November 20, 2000
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-2763-00
STYLE OF CAUSE: DAVID ARTURO ESCUDERO GONZALEZ
v.
MINISTER OF CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING: Vancouver, BC
DATE OF HEARING: November 20, 2000
REASONS FOR ORDER AND ORDER OF NADON J.
DATED: November 20, 2000
APPEARANCES:
| Ms. Fiona Begg FOR PLAINTIFF |
Ms. Helen Park
FOR DEFENDANT
SOLICITORS OF RECORD:
Fiona Begg
Barrister & Solicitor FOR PLAINTIFF
Morris Rosenberg
Deputy Attorney General FOR DEFENDANT
of Canada