Date: 19990531
Docket: A-580-98
CORAM: LINDEN J.A.
ROBERTSON J.A.
McDONALD J.A.
BETWEEN:
HER MAJESTY THE QUEEN
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Appellants
(Defendants)
- and -
MANSOUR AHANI
Respondent
(Plaintiff)
Heard at Toronto, Ontario, Monday, May 31, 1999
Judgment delivered orally from the Bench
at Toronto, Ontario on Monday, May 31, 1999
REASONS FOR JUDGMENT OF THE COURT BY: LINDEN J.A.
Date: 19990531
Docket: A-580-98
CORAM: LINDEN J.A.
ROBERTSON J.A.
McDONALD J.A.
BETWEEN:
HER MAJESTY THE QUEEN
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Appellants
(Defendants)
- and -
MANSOUR AHANI
Respondent
(Plaintiff)
REASONS FOR JUDGMENT OF THE COURT
(Delivered orally from the Bench at Toronto, Ontario
on Monday, May 31, 1999)
LINDEN J.A.
[1] We are all of the view that this appeal must be dismissed.
[2] The history of this case, involving an alleged terrorist from Iran, is lengthy and somewhat convoluted due in part to the shared constitutional jurisdiction of the Federal and Ontario Courts. The central issue as we see it is whether the Motions Judge erred in issuing a stay preventing the deportation of the respondent pending the determination of his action in Court File No. T-1767-98.
[3] The jurisdiction of this Court to interfere on appeal from a decision regarding whether to issue a stay is well-established. It is only where the Motions Judge has misapplied the law, misapprehended the evidence or where circumstances have substantially changed after the Motions Judge made his or her order in such a manner as to justify interfering with the order, that this Court will exercise its jurisdiction to intervene. In short, this Court will interfere only where it is clear that a Motions Judge has failed to exercise his or her discretion judicially.
[4] While we might have exercised our discretion differently from the Motions Judge, we are unable to say that he exercised his discretion in a manner that would warrant our intervention.
[5] We have been informed that both the action and judicial review matters will be argued together in the Trial Division of this Court commencing on June 15, 1999, at which time the merits will be determined.
[6] The appeal is dismissed accordingly.
"A.M. Linden"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-580-98
STYLE OF CAUSE: HER MAJESTY THE QUEEN
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
| Appellants |
(Defendants)
- and -
| MANSOUR AHANI |
| Respondent |
(Plaintiff)
DATE OF HEARING: MONDAY, MAY 31, 1999
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT BY: LINDEN J.A.
Delivered at Toronto, Ontario
on Monday, May 31, 1999
APPEARANCES: Mr. Donald A. MacIntosh
| For the Appellants |
(Defendants)
Ms. Barbara Jackman
For the Respondent
(Plaintiff)
| SOLICITORS OF RECORD: Morris Rosenberg |
Deputy Attorney General
of Canada
| For the Appellants |
(Defendants)
Jackman, Waldman & Associates
Barristers & Solicitors
281 Eglinton Ave. E.
Toronto, Ontario
M4P 1L3
For the Respondent
(Plaintiff)
FEDERAL COURT OF APPEAL
Date: 19990531
Docket: A-580-98
BETWEEN:
HER MAJESTY THE QUEEN
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Appellants
(Defendants)
- and -
MANSOUR AHANI
Respondent
(Plaintiff)
REASONS FOR JUDGMENT
OF THE COURT