Date: 19980825
Docket: IMM-3860-97
BETWEEN:
TAUQEER MINHAS
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR RULE 404(2) NOTICE
ROTHSTEIN, J.:
[1] The applicant applied for judicial review of a decision of a visa officer which failed to award the applicant sufficient number of units of assessment to allow his application for landing to be processed further. The judicial review was set down for hearing by order for August 25, 1998, at 9:00 a.m. Counsel of record for the applicant was Ms. Angie Codina. A few minutes before 9:00 a.m. on the morning of August 25, 1998, I was informed by the Registrar that Ms. Codina had telephoned from New York City asking that the judicial review be conducted by way of conference call. Ms. Codina indicated that she had asked other counsel to represent the applicant but that yesterday other counsel advised that he would not be able to argue the case. Ms. Codina said that she attempted to reach other lawyers in Toronto yesterday but without success. Ms. Codina advised the Registrar that she had not advised the Court that she would not be appearing and that other counsel would be here in her place. Informally the Court ascertained that she had contacted Nima Hejazi to act in the matter. He did not appear. Ms. Codina was counsel of record and it was her responsibility to see that the applicant was represented.
[2] The same or similar circumstances have been occasioned by Ms. Codina's failure to appear in other matters before this Court, three of which are Hussain v. MCI IMM-3579-97, Hafeez v. MCI IMM-3597-97, and Jahanzeb v. MCI IMM-2616-97. In all three cases costs have been awarded personally against Ms. Codina for failure to appear.
[3] Ms. Codina's actions appear to be unacceptable. For this reason the Notice under Rule 404(2) is being issued.
"Marshall Rothstein"
Judge
Toronto, Ontario
August 27, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-3860-97
| STYLE OF CAUSE: TAUQEER MINHAS |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: TUESDAY, AUGUST 25, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: ROTHSTEIN, J.
DATED: THURSDAY, AUGUST 27, 1998
APPEARANCES:
For the Applicants
Ms. Bridget A. O'Leary
For the Respondent
SOLICITORS OF RECORD: Codina & Pukitis
Barristers & Solicitors
1708-390 Bay St.,
Toronto, Ontario
M5H 2Y2
For the Applicant
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980827
Docket: IMM-3860-97
Between:
| TAUQEER MINHAS |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR RULE 404(2) NOTICE