Figueroa v. Canada (Foreign Affairs Trade and Development)

Figueroa v. Canada (Foreign Affairs Trade and Development)
Court (s) Database
Federal Court of Appeal Decisions
Date
2017-03-23
Neutral citation
2017 FCA 58
File numbers
A-112-16
Decision Content
Date: 20170323
Docket: A-112-16
Citation: 2017 FCA 58
CORAM:
NOËL C.J.
WEBB J.A.
WOODS J.A.
BETWEEN:
JOSE LUIS FIGUEROA
Appellant
and
THE MINISTER OF FOREIGN AFFAIRS TRADE AND DEVELOPMENT
Respondent
Heard at Vancouver, British Columbia, on March 23, 2017.
Judgment delivered from the Bench at Vancouver, British Columbia, on March 23, 2017.
REASONS FOR JUDGMENT OF THE COURT BY:
NOËL C.J.
Date: 20170323
Docket: A-112-16
Citation: 2017 FCA 58
CORAM:
NOËL C.J.
WEBB J.A.
WOODS J.A.
BETWEEN:
JOSE LUIS FIGUEROA
Appellant
and
THE MINISTER OF FOREIGN AFFAIRS TRADE AND DEVELOPMENT
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Vancouver, British Columbia, on March 23, 2017).
NOËL C.J.
[1] This is an appeal brought by Jose Luis Figueroa (the appellant) against an order of the Federal Court wherein Fothergill J. (the Motion judge) dismissed his motion for reconsideration brought under Rule 397 of the Federal Courts Rules, S.O.R./98-106.
[2] By that motion, the appellant asked the Motion judge to reconsider his earlier decision dismissing an application for mandamus whereby the appellant sought to compel the Minister of Foreign Affairs, Trade and Development (the respondent) to process his request for a certification under section 10 of the Regulations Implementing the United Nations Resolutions on the Suppression of Terrorism, S.O.R./2001-360.
[3] We are satisfied that the Motion judge made no error in refusing to reconsider his decision under the narrow scope of Rule 397. What the appellant asks us to do is to treat his motion for reconsideration as an appeal from the decision which he sought to have reconsidered. This is something which we cannot do, given that the matter proceeded and was decided pursuant to Rule 397.
[4] The respondent made a request for some $4,000 in costs, but ultimately left the matter in the Court’s discretion.
[5] The appeal will be dismissed with costs which we fix at $2,500, inclusive of disbursements.
"Marc Noël"
Chief Justice
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
Docket:
A-112-16
(APPEAL FROM AN ORDER OF THE HONOURABLE MR. JUSTICE FOTHERGILL OF THE FEDERAL COURT, DATED MARCH 31, 2016, NO. T-146-15)
STYLE OF CAUSE:
JOSE LUIS FIGUEROA v. THE MINISTER OF FOREIGN AFFAIRS TRADE AND DEVELOPMENT
PLACE OF HEARING:
VANCOUVER, BRITISH COLUMBIA
DATE OF HEARING:
MARCH 23, 2017
REASONS FOR JUDGMENT OF THE COURT BY:
NOËL C.J.
WEBB J.A.
WOODS J.A.
DELIVERED FROM THE BENCH BY:
NOËL C.J.
APPEARANCES:
Jose Luis Figueroa
For The Appellant
Cheryl D. Mitchell
Brett Nash
For The Respondent
SOLICITORS OF RECORD:
Self-represented
For The Appellant
William F. Pentney
Deputy Attorney General of Canada
For The Respondent