IMM-834-97
MONTRÉAL, QUEBEC, THIS 16th DAY OF APRIL 1997
PRESENT: THE HONOURABLE MR. JUSTICE LUTFY
BETWEEN: THEODORE TRUSEWICZ,
BERNADETTE MERTUS,
DIDIER TRUSEWICZ,
ALEXANDRE TRUSEWICZ,
AURORE TRUSEWICZ,
Applicants,
AND:
MINISTER OF CITIZENSHIP
AND IMMIGRATION,
Respondent.
Notice of motion seeking an order staying execution of the removal orders against the applicants until final judgment is rendered in file nos. IMM‑832‑97 and IMM‑834‑97 and for leave to strike out the words [translation] "Originating Notice of Motion" in the originating document.
(Section 18.2 of the Federal Court Act and
Rule 319 of the Federal Court Rules)
O R D E R
The application for an order staying execution of the removal order is dismissed.
Allan Lutfy
Judge
Certified true translation
C. Delon, LL.L.
IMM-834-97
BETWEEN: THEODORE TRUSEWICZ,
BERNADETTE MERTUS,
DIDIER TRUSEWICZ,
ALEXANDRE TRUSEWICZ,
AURORE TRUSEWICZ,
Applicants,
AND:
MINISTER OF CITIZENSHIP
AND IMMIGRATION,
Respondent.
REASONS FOR ORDER
LUTFY J.
The tests that are to be applied in an application for an order staying execution of a removal order are set out in Toth v. Canada (M.E.I.) (1988), 86 N.R. 302.
Even if the Court were to assume that there was a serious issue to be tried, and I express no opinion on this point, I find that the applicant has not established irreparable harm.
The applicants arrived in Canada on October 31, 1996, a few days after they had paid the processing and landing fees but before they were informed of a decision concerning their application. They have not yet completed the transaction relating to the acquisition of the business in Quebec. The children of the Trusewicz family are currently students in Quebec.
The fact that the applicants may suffer economic and social inconvenience does not amount to irreparable harm. (See Kerratt v. M.E.I. (1992), 53 F.T.R. 93; Sora v. M.E.I., IMM-2220-93 (January 14, 1993); Sanchez v. M.E.I., IMM-2884-95 (December 8, 1995); and Khan v. M.E.I. (1992), 58 F.T.R. 98.)
Accordingly, the application for an order staying execution of the removal order is dismissed.
Montréal, Quebec
April 16, 1997 Allan Lutfy
Judge
Certified true translation
C. Delon, LL.L.
FEDERAL COURT
TRIAL DIVISION
IMM-834-97
BETWEEN:
THEODORE TRUSEWICZ ET AL.,
Applicants,
AND:
MINISTER OF CITIZENSHIP AND IMMIGRATION,
Respondent.
REASONS FOR ORDER
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO: IMM-834-97
STYLE OF CAUSE: THEODORE TRUSEWICZ ET AL.
Applicants,
AND:
MINISTER OF CITIZENSHIP AND IMMIGRATION,
Respondent.
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: April 14, 1997
REASONS FOR ORDER OF LUTFY J.
DATED: April 16, 1997
APPEARANCES:
Sylvain Lepage for the applicants
Jocelyne Murphy for the respondent
SOLICITORS OF RECORD:
GRONDIN, POUDRIER, BERNIER
Québec, Quebec for the applicants
George Thomson
Deputy Attorney General
of Canada
Ottawa, Ontario for the respondent