Date: 19980729
Docket: IMM-3597-97
BETWEEN:
MOHAMMAD HAFEEZ
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
Let the attached certified transcript of my Reasons for Order delivered orally from the Bench at Toronto, Ontario on July 17, 1998, be filed to comply with section 51 of the Federal Court Act.
Judge
OTTAWA, Ontario
Court File No. IMM-3597-97
IN THE FEDERAL COURT OF CANADA
(TRIAL DIVISION)
B E T W E E N :
MOHAMMAD HAFEEZ
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
_________________________________________________________
BEFORE THE HONOURABLE MR. JUSTICE TEITELBAUM
_________________________________________________________
HELD AT: Federal Court of Canada,
330 University Avenue,
Toronto, Ontario.
DATE: July 17, 1998
ORAL REASONS
APPEARANCES:
Nema Hegazi, Esq., for the Applicant
Brian Frimeth, Esq., for the Respondent
THE COURT: Will you take my decision, please?
In preparing for this hearing today, I verified all of the documents and the submissions made by both parties.
In verifying the file, I found that from the written material, there was absolutely no merit to the application and that this application should never have been brought.
I am most appreciative of counsel for the applicant who appeared before me today for having stood up and inform the Court that there is no evidence upon which the application was based.
Under normal circumstances, I would never award costs when an application is made for judicial review and there is some evidence upon which to make an application. Both the Court and the representative of the respondent wasted their time in preparing for this hearing and for this the applicant's counsel, Angie Codina, in my opinion, is personally responsible for. Therefore, I am going to award costs to the respondent in the sum of $1,000.00.
Furthermore, I find it disrespectful on the part of Ms. Codina to send somebody to this Court and who informs the Court that he received the file in the afternoon of July 16th when this hearing was scheduled for 11:30 on July 17th.
The application is dismissed with costs of $1,000.00 in favour of the Crown payable by Ms. Angie Codina. Thank you.