Date: 19990629
Docket: IMM-503-97
BETWEEN:
TANVIR FAROOQ
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
BLAIS J.
[1] The hearing of the application for judicial review was held in Toronto, Ontario, on June 1, 1999.
[2] On that date, at the scheduled time, neither the applicant nor his solicitor, Mr. Mark J. Gruszczynski, was present at the hearing.
[3] On June 2, 1999, the undersigned judge made a notice in accordance with Rule 404(2) of the Federal Court Rules, 1998, requiring Mr. Mark J. Gruszczynski to make representations either in writing or by appearing in person before the Court on June 28, 1999 at the Federal Court of Canada, 90 Sparks Street, 7th Floor, Ottawa, Ontario, explaining why he should not be required to personally pay costs set at $500 as a result of his conduct in failing to appear without good cause to represent his client, the applicant, in the instant proceeding on June 1, 1999 at 9:30 a.m., before the Federal Court of Canada, 330, University Avenue, Toronto, Ontario.
[4] Mark J. Gruszczynski, counsel for the applicant, appeared before the Court on June 28, 1999, at 9:30 a.m. in Ottawa.
[5] It appears from the representations made by counsel for the applicant that he was taken by another case relating to a deportation order and he could not communicate with the consulate because the telephone line was down.
[6] He had to go with his client out of the country pursuant to the deportation order to get permission to reenter Canada.
[7] Counsel for the applicant mentioned that he just not thought about alternatives to be represented before the Court by another counsel.
[8] Counsel for the applicant also mentioned that he could not reach his client Mr. Farooq and he could not get any instructions from him.
[9] Mr. Gruszczynski informed the Court that he is practising with another lawyer that is on a pregnancy leave for a year, so he cannot be replaced or represented by his associate.
[10] Counsel for the applicant has admitted that he made an error in not being represented before the Court on June 1, 1999 and he apologized for that.
[11] He also mentioned that he just was too preoccupied by the other case to contemplate other alternatives to make sure that his client could be represented on June 1, 1999 or asking another counsel for an adjournment or asking for an adjournment to be allowed to file a motion to be removed from the record.
[12] I found that the explanations provided by counsel for the applicant partially justified his absence before the Court on June 1, 1999 but the Court reaffirms that there is both personal responsibility and responsibility through the actions of a servant or agent in this case.
[13] Counsel has a responsibility to conduct his duty even though the applicant himself is not taking seriously the hearing before the Court.
[14] For those reasons, THE COURT ORDERS Mr. Mark Gruszczynski to personally pay costs set at $100.
Pierre Blais
Judge
OTTAWA, ONTARIO
JUNE 29, 1999