Date: 19980611
Docket: IMM-1031-96
BETWEEN:
MAURICE MEIKLE,
Applicant,
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION,
Respondent.
REASONS FOR ORDER AND ORDER
HEALD, D.J.
[1] The issues raised in this motion for reconsideration were not issues in the application for judicial review before me. As noted by counsel for the respondent, the terms and conditions referred to in this motion were imposed by the Appeal Division of the Immigration and Refugee Board after I had rendered my order in this application for judicial review. Rule 397 does not authorize this Court to deal with any matter that was not raised on the application for judicial review.1
[2] Additionally, I have the view that Rule 397 contemplates oversight on the part of the Court, and not oversight committed by a party. In this case, the oversight referred to has been committed by a party.2
[3] Accordingly, and for the foregoing reasons, the within motion for reconsideration is dismissed.
Darrel V. Heald Deputy Judge
OTTAWA, ONTARIO
June 11, 1998
__________________1 Compare Apotex Inc. v. Merck & Co. Inc. et al. (1996), 66 C.P.R. (3d) 167, per Stone J.A.
2 See Zeneca Pharma Inc. v. Canada (Minister of National Health and Welfare) et al. (1996), 109 F.T.R. (F.C.T.D.) 140 at 153, per Richard J.