Date : 19971031
Docket : IMM-4592-97
BETWEEN:
AYODELE AKINSOLA
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[Delivered during a teleconference
on Friday, October 31, 1997]
McGILLIS, J.
[1] Counsel for the applicant filed with the Court an obviously incomplete and deficient affidavit sworn by the applicant in support of the urgent application for a stay of execution of the removal order to Nigeria. Counsel for the respondent was therefore required, on very short notice late yesterday, to make inquiries and to prepare an affidavit outlining the essential facts in order to enable the Court to adjudicate properly on the merits of the application for a stay.
[2] Counsel for the applicant requested an adjournment of the application for a stay on the basis that he was "unaware" that the applicant had been declared to be a danger to the Canadian public, as indicated in the sworn evidence tendered by the respondent. Counsel for the applicant did, however, admit that he was aware of the applicant's numerous criminal convictions, which were not disclosed in the affidavit filed by him in support of the application for a stay. After I agreed to the request for an adjournment, counsel for the respondent submitted that costs should be awarded against counsel for the applicant.
[3] Having considered the submissions of both counsel on the question of costs, I have determined that counsel for the applicant has acted in this matter either in bad faith or incompetently. Furthermore, his actions have wasted the time of the Court, and have caused serious inconvenience to his opposing counsel. In the circumstances, I have decided that special reasons exist to justify an award of costs in the amount of $200.00 against counsel for the applicant personally.
[4] IT IS ORDERED THAT the application for a stay of the execution of the removal order is adjourned to Monday, November 3, 1997 at 10:00 o'clock in the forenoon in Toronto, Ontario. Costs in the amount of $200.00 are awarded against counsel for the applicant personally, payable forthwith.
| Judge |
OTTAWA, ONTARIO
October 31, 1997
FEDERAL COURT OF CANADA TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: IMM-4592-97
STYLE OF CAUSE: Ayodele Akinsola v. M.C.I.
MOTION DEALT WITH IN WRITING WITHOUT THE APPEARANCE OF PARTIES
REASONS FOR ORDER BY: The Honourable Mr. Justice Muldoon
DATED: December 17, 1997
WRITTEN REPRESENTATIONS BY:
Mr. Munyonzwe Hamalengwa for the Applicant
Mr. Brian Frimeth for the Respondent
SOLICITORS OF RECORD:
Mr. Munyonzwe Hamalengwa
North York, Ontario for the Applicant
Mr. George Thomson
Deputy Attorney General of Canada for the Respondent