Federal Court Decisions

Decision Information

Dela Rosa Mercado v. Canada (Public Safety and Emergency Preparedness)

Court (s) Database Federal Court Decisions
Date 2011-12-16
Neutral citation 2011 FC 1492
File numbers IMM-2128-11

Decision Content

 Date: 20111216

Docket: IMM-2128-11

Citation: 2011 FC 1492

Ottawa, Ontario, December 16, 2011

PRESENT:     The Honourable Mr. Justice Rennie

 

 

BETWEEN:

 

NOLY DELA ROSA MERCADO

CRISTINA TOLENTINO MERCADO
NORMAN CHRISTOPHER TOLENTINO MERCADO
NATHANIEL TOLENTINO MERCADO

 

 

 

Applicants

 

and

 

 

 

MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS

 

 

 

Respondent

 

 

 

 

 

           REASONS FOR JUDGMENT AND JUDGMENT

 

[1]               The applicants seek judicial review in respect of an April 1, 2011 decision by an enforcement officer of the Canada Boarder Services Agency (CBSA), refusing to defer removal of the applicants, then scheduled for April 7, 2011.  The removal order was subsequently stayed by a judge of this Court.

 

[2]               The removal order is spent and there is no other order extant.  There are no factors which warrant the exercise of discretion in favour of hearing this application: Borowski v Canada (Attorney General), [1989] 1 SCR 342.

 

[3]               The application for judicial review is dismissed.

 

[4]               There is no question for certification.

 

JUDGMENT

THIS COURT’S JUDGMENT is that the application for judicial review be and is hereby dismissed.  No question for certification has been proposed and none arises.

 

 

"Donald J. Rennie"

Judge

FEDERAL COURT

 

SOLICITORS OF RECORD

 

 

DOCKET:                                          IMM-2128-11

 

STYLE OF CAUSE:                          NOLY DELA ROSA MERCADO,     CRISTINA TOLENTINO MERCADO, NORMAN CHRISTOPHER TOLENTINO MERCADO, NATHANIEL TOLENTINO MERCADO v. MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS

 

 

PLACE OF HEARING:                    Toronto

 

DATE OF HEARING:                      December 8, 2011

 

REASONS FOR JUDGMENT
AND JUDGMENT:                          RENNIE J.

 

DATED:                                             December 16, 2011

 

 

 

APPEARANCES:

 

Mr. Dov Maierovitz

FOR THE APPLICANTS

 

Ms. Margherita Braccio

FOR THE RESPONDENT

 

 

SOLICITORS OF RECORD:

 

Gertler, Etienne LLP
Toronto, Ontario

 

FOR THE APPLICANTS

 

Myles J. Kirvan,

Deputy Attorney General of Canada

Toronto, Ontario

FOR THE RESPONDENT

 

 

 

 

 

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