T-2062-96
OTTAWA, ONTARIO, the 17th day of March 1997.
PRESENT: THE HONOURABLE MR. JUSTICE MARC NADON
B E T W E E N:
PIERRE DEVINAT,
Applicant,
- and -
IMMIGRATION AND REFUGEE BOARD,
Respondent.
ORDER AND REASONS FOR ORDER
In its motion, the respondent is seeking an order striking out the request that certain facts stated by the applicant be admitted and an order providing directions on the procedure that should govern the applicant's application for judicial review.
After hearing the parties at the hearing on March 13, 1997, I have reached the following conclusions:
1. The notice calling on the respondent to admit certain facts, which is appended to the applicant's application for judicial review, should be struck out. In my opinion, Rule 468 of the Rules of this Court is not applicable to an application for judicial review or a summary proceeding initiated by motion.
2. The conduct of this case will be subject to the following schedule:
• The respondent will file its affidavits by April 14, 1997 at the latest.
• The respondent will file its application record by May 15, 1997 at the latest.
• The applicant will file a reply to the respondent's application record by May 30, 1997 at the latest.
• The respondent may, by June 15, 1997 at the latest, file a reply to the preliminary arguments raised on the filing of its application record.
OTTAWA, ONTARIO
THE 17TH DAY OF MARCH 1997
"MARC NADON"
JUDGE
Certified true translation
A. Poirier
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: T-2062-96
STYLE OF CAUSE: Pierre Devinat - and -
Immigration and Refugee Board
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: March 13, 1997
ORDER AND REASONS FOR
ORDER BY: THE HONOURABLE MR. JUSTICE MARC NADON
DATED: MARCH 17, 1997
APPEARANCES:
Pierre Devinat FOR THE APPLICANT
(REPRESENTING HIMSELF)
François Lemieux FOR THE RESPONDENT
SOLICITORS OF RECORD:
Pierre Devinat
Hull, Quebec FOR THE APPLICANT
Osler, Hoskin & Harcourt
Ottawa, Ontario FOR THE RESPONDENT