Federal Court Decisions

Decision Information

Decision Content

Date: 20131209


Docket:

IMM-7294-13

 

Citation: 2013 FC 1233

[UNREVISED ENGLISH CERTIFIED TRANSLATION]

Ottawa, Ontario, December9, 2013

PRESENT: The Honourable Mr. Justice Shore

 

BETWEEN:

OPAGA AKOUMA STÉPHANE EDDY

 

Applicant

and

MINISTER OF PUBLIC SAFETY AND

EMERGENCY PREPAREDNESS

 

Respondent

 

REASONS FOR ORDER AND ORDER

[1]               The applicant filed a motion application for a stay of removal scheduled for December 10, 2013, at 3:30 p.m. to Gabon.

 

[2]               The Court issued an oral Direction today in this regard.

 

[3]               The Court has held on numerous occasions that last‑minute motions for a stay of removal require the respondent to draft his submissions without adequate preparation and also do not facilitate the work of the Court, thus decreasing the opportunities to have everything before the Court to rule on the case. An injunction (a stay) is an extraordinary remedy that warrants an in‑depth analysis (see Matadeen c MCI, IMM-3164-00, June 22, 2000 (FCTD)) with sufficient time to arrive at a reasoned judgment taking into account the consequences that flow from this exceptional measure.

 

[4]               Salif Sangaré has been warned a number of times to cease this last‑minute practice.

 


ORDER

THE COURT ORDERS that the applicant’s application for a stay of removal is dismissed.

 

 

 

“Michel M.J. Shore”

Judge

 

Certified true translation

Mary Jo Egan, LLB

 

 


FEDERAL COURT

SOLICITORS OF RECORD

 


DOCKET:

IMM-7294-13

 

STYLE OF CAUSE:

OPAGA AKOUMA STÉPHANE EDDY v MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS

 

 

MOTION IN WRITING CONSIDERED AT OTTAWA, ONTARIO, UNDER RULE 369

 

REASONS FOR ORDER

AND ORDER:

                                                            SHORE J.

DATED:

                                                            DECEMBER 9, 2013

WRITTEN SUBMISSIONS BY:

Salif Sangaré

 

FOR THE APPLICANT

 

Evan Liosis

 

FOR THE RESPONDENT

 

 

SOLICITORS OF RECORD:

Salif Sangaré

Counsel

Montréal, Quebec

 

FOR THE APPLICANT

 

William F. Pentney

Deputy Attorney General of Canada

Montréal, Quebec

 

FOR THE RESPONDENT

 

 

 

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