Date: 19980820
Docket: IMM-3579-97
BETWEEN:
MANZOOR HUSSAIN
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER RESPECTING COSTS
REED, J.:
[1] On August 5, 1998, a hearing of the applicant's judicial review application was scheduled. Counsel for the applicant did not appear to represent her client. The circumstances are set out in the reasons given for issuing a Rule 404(2) motion on that day. The Notice, pursuant to Federal Court Rule 404(2), advised counsel that she had an opportunity to make submissions as to why costs should not be ordered against her personally. She was advised that she might do so in writing or by appearing before the Court in person on August 18, 1998.
[2] The Ottawa Registry initiated contact with her on August 13, 1998 and again on August 17, 1998. On August 17, 1998, an affidavit was filed from a Nima Hejazi indicating that she had been asked by an assistant of Ms. Codina's, sometime in July, whether she was available to appear on Ms. Codina's behalf with respect to the August 5, 1998 hearing. Since she subsequently heard nothing further, she took on other responsibilities for that day. She attests that she was again contacted on August 3, 1998, when she was no longer able to attend, and that had it not been for the misunderstanding between their offices, she would have made herself available to attend on Ms. Codina's behalf on August 5, 1998, because she frequently handles files for the Codina and Pukitis firm. She also states that she was informed that Ms. Codina subsequently attempted to find another counsel in Toronto to represent her but was unable to do so.
[3] No submissions were filed by Ms. Codina. No affidavit were filed by her. No affidavits were filed by the respective office support staff attesting to any misunderstanding on their parts as to the nature of the communication that passed between them. As noted, Ms. Hejazi indicates that from her perspective that inquiry was about availability only.
[4] I am not persuaded that Ms. Codina has provided a good reason for her failure to appear on August 5, 1998. She has an obligation to her client and to the Court to appear. She caused unnecessary costs and wasted both the time of the Court and opposing counsel. Her cavalier attitude in not ensuring that proper arrangements were made, sufficiently ahead of time, to avoid those circumstances justify costs being awarded against her personally.
ORDER
IT IS THEREFORE ORDERED THAT:
Angie Codina shall pay to the respondent $1,000. as costs of the within application.
Judge
OTTAWA, ONTARIO
August 20, 1998