Date: 19990907
Docket: A-49-99
CORAM: LINDEN J.A.
ROTHSTEIN J.A.
McDONALD J.A.
BETWEEN:
FATEHALI RAZALBHOY
Appellant
(Respondent)
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
(Applicant)
Heard at Toronto, Ontario, Tuesday, September 7, 1999
Judgment delivered orally from the Bench
at Toronto, Ontario on Tuesday, September 7, 1999
ORAL REASONS FOR JUDGMENT BY: LINDEN J.A.
Date: 19990907
Docket: A-49-99
CORAM: LINDEN J.A.
ROTHSTEIN J.A.
McDONALD J.A.
BETWEEN:
FATEHALI FAZALBHOY
Appellant
(Respondent)
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
(Applicant)
ORAL REASONS FOR JUDGMENT
LINDEN J.A.
[1] Despite the excellent presentation by Ms. Caruso, we are not persuaded that the Motions Judge made any error in applying Rule 151 that would warrant our intervention. The Pacific Press case and other jurisprudence underscores our commitment to open courts and open proceedings unless a litigant provides the Court with a good reason to curtail that openness. The appellant has not furnished such a reason in this case. Nor does the general and vague wording on the form, "Protected When Completed" and the reliance on that wording amount to a sufficient reason for doing so. The appeal will be dismissed without costs.
"A.M. Linden"
JUDGE
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-49-99
| STYLE OF CAUSE: FATEHALI FAZALBHOY |
| Appellant |
(Respondent)
- and -
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
| Respondent |
(Applicant)
DATE OF HEARING: TUESDAY, SEPTEMBER 7, 1999
PLACE OF HEARING: TORONTO, ONTARIO
| REASONS FOR JUDGMENT BY: LINDEN J.A. |
Delivered at Toronto, Ontario
on Tuesday, September 7, 1999
APPEARANCES: Ms. Barbara Jo Caruso
| For the Appellant |
(Respondent)
Mr. Kevin Lunney
For the Respondent
(Applicant)
| SOLICITORS OF RECORD: Smith Lyons |
Barristers & Solicitors
Scotia Plaza
5800-40 King St. W.
Toronto, Ontario
M5H 3Z7
| For the Appellant |
(Respondent)
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
(Applicant)
FEDERAL COURT OF APPEAL
Date: 19990907
Docket: A-49-99
BETWEEN:
FATEHALI FAZALBHOY
Appellant
(Defendant)
- and -
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
Respondent
(Plaintiff)
ORAL REASONS FOR JUDGMENT