Date: 19980121
Docket: A-59-97
CORAM: THE CHIEF JUSTICE
LINDEN, J.A.
McDONALD, J.A.
BETWEEN:
THALAYASINGAM SIVAKUMAR
Appellant
- and -
HER MAJESTY THE QUEEN and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondents
Heard at Toronto, Ontario, Wednesday, January 21st, 1998
Judgment delivered at Toronto, Ontario, Wednesday, January 21st, 1998
REASONS FOR JUDGMENT BY: ISAAC, C.J.
Date: 19980121
Docket: A-59-97
CORAM: THE CHIEF JUSTICE
LINDEN, J.A.
McDONALD, J.A.
BETWEEN:
THALAYASINGAM SIVAKUMAR
Appellant
- and -
HER MAJESTY THE QUEEN and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondents
REASONS FOR JUDGMENT
[1] We are all of the view that this appeal cannot succeed.
[2] The order in appeal was made pursuant to a motion sought under rule 419(1)(a) of the Federal Court Rules and is discretionary. Despite the ingenious and interesting arguments advanced by Mr. Waldman on behalf of the appellant, we have not been persuaded that the Motions Judge failed to exercise his discretion judicially, as defined in the jurisprudence. We will, therefore dismiss the appeal with costs.
"Julius A. Isaac"
C.J.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-59-97
| STYLE OF CAUSE: THALAYASINGAM SIVAKUMAR |
- and -
| HER MAJESTY THE QUEEN and |
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
DATE OF HEARING: JANUARY 21, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT BY: ISAAC, C.J.
Delivered at Toronto, Ontario
on Wednesday, January 21, 1998
APPEARANCES:
Mr. Lorne Waldman
For the Appellant
Mr. Donald McIntosh
Ms. Claire A. H. le Riche
For the Respondent
SOLICITORS OF RECORD:
Waldman & Associates
281 Eglinton Avenue East
Toronto, Ontario
M4P 1L3
For the Appellant
George Thomson
Deputy Attorney General
of Canada
For the Respondents
| FEDERAL COURT OF APPEAL |
| Date: 19980121 |
| Docket: A-59-97 |
| BETWEEN: |
| THALAYASINGAM SIVAKUMAR |
| Appellant |
| -and- |
| HER MAJESTY THE QUEEN and |
| THE MINISTER OF CITIZENSHIP |
| AND IMMIGRATION |
| Respondents |
| REASONS FOR JUDGMENT |