Date: 20000301
Dockets: A-592-98
A-593-98
CORAM: DÉCARY, J.A.
SEXTON, J.A.
EVANS, J.A.
Docket: A-592-98
BETWEEN:
MILANKA KARIC
Appellant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
Docket: A-593-98
AND BETWEEN:
BOGOLJUB KARIC
Appellant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
Heard at Toronto, Ontario on Wednesday, March 1, 2000
Judgment delivered at Toronto, Ontario on Wednesday, March 1, 2000
REASONS FOR JUDGMENT BY: DÉCARY J.A.
Date: 20000301
Dockets: A-592-98
A-593-98
CORAM: DÉCARY, J.A.
SEXTON, J.A.
EVANS, J.A.
Docket: A-592-98
BETWEEN:
MILANKA KARIC
Appellant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
Docket: A-593-98
AND BETWEEN:
BOGOLJUB KARIC
Appellant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT
(Delivered from the Bench at Toronto, Ontario on
Wednesday, March 1, 2000)
DÉCARY J.A.
| _. The issue in these appeals from a decision of Dubé J.1 is whether the Federal Court Rules, 19982, which came into force on April 25, 1998, apply to appeals under subsection 14(5) of the Citizenship Act that were pending at that time. The two appeals were heard together and these reasons shall apply to both. The question at issue is of some importance because under the old Federal Court Rules3, these citizenship appeals proceeded by way of a trial de novo (Rule 912) while they are treated under Rule 300(c) of the new Rules as applications. |
| _. Pursuant to the transitional provisions of the new Rules, the Rules "apply to all proceedings, including further steps taken in proceedings that were commenced before the coming into force of these Rules" (Rule 501(1)). |
| _. As explained by the learned Motions Judge, it is simply not possible, in practical terms, with respect to citizenship appeals, to reconcile the new Rules with the old ones and to continue under the new Rules appeals launched under the old ones. |
| _. In these very unusual circumstances, the Court by necessity must interpret the transitional provisions "so as to secure the just, most expeditious and least expensive determination of every proceeding in its merit" (Rule 3) and in our view, the best way to make that final determination is by applying the old Rules to appeals filed prior to April 25, 1998. |
| _. The appeals will be dismissed. There will be no order as to costs. |
"Robert Décary"
J.F.C.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| DOCKETS: A-592-98 and A-593-98 |
| DOCKET: A-592-98 |
| STYLE OF CAUSE: MILANKA KARIC |
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
| AND DOCKET: A-593-98 |
| BOGOLJUB KARIC |
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: WEDNESDAY, MARCH 1, 2000
PLACE OF HEARING: TORONTO, ONTARIO
| REASONS FOR JUDGMENT BY: DÉCARY J.A. |
DELIVERED AT TORONTO, ONTARIO ON WEDNESDAY, MARCH 1, 2000
APPEARANCES: Mr. Stephen w. Green
| For the Appellants |
Ms. Lori Hendriks
| For the Respondent |
| SOLICITORS OF RECORD: Green and Spiegel |
| Barristers & Solicitors |
| 121 King Street West |
| Suite 2200, P.O. Box 114 |
| Toronto, Ontario |
| M5H 3T9 |
| For the Appellants |
| Morris Rosenberg |
Deputy Attorney General of Canada
| For the Respondent |
FEDERAL COURT OF APPEAL
Date: 20000301
Dockets: A-592-98
A-593-98
Docket: A-592-98
BETWEEN:
RUSSELL SKIDMORE
Appellant
| - and - |
| HER MAJESTY THE QUEEN |
Respondent
Docket: A-593-98
| AND BETWEEN: |
| BOGOLJUB KARIC |
Appellant
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR JUDGMENT
__________________