Fulop v. Canada (Citizenship and Immigration)

Fulop v. Canada (Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2021-07-21
Neutral citation
2021 FC 777
File numbers
IMM-4723-21
Decision Content
Date: 20210721
Docket: IMM-4723-21
Citation: 2021 FC 777
Ottawa, Ontario, July 21, 2021
PRESENT: The Honourable Mr. Justice Shore
BETWEEN:
GYORGY FULOP
ZSUZSANNA FULOPNE CZIBOR
Applicants
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
ORDER AND REASONS
[1] Consideration has been given to the entire background of this motion for a stay of removal, scheduled for the end of this week.
[2] Further to analysis, the Court is in agreement with the counsel of the Applicants’ arguments as per the significant health reasons of severe disability, as outlined in a specific, detailed medical health report, due to a work accident in Canada on an oil stack in Alberta; that accident and subsequent surgeries for that accident have disabled the principal Applicant permanently, to a most significant degree; and has put the principal Applicant’s family’s (including minor children) livelihood at grave risk.
[3] It is duly noted that this serious accident occurred in Canada in a work-related accident. The situation arose due to an inflicted grave work accident, permanently, seriously disabling the principal Applicant. The principal Applicant’s work was for an Alberta company that helps supply Canadian needs.
[4] The Applicants have satisfied all three conjunctive criteria of the Toth test (Toth v Canada (Minister of Employment and Immigration), [1988] FCJ No 587 (FCA)).
[5] This Court orders that the motion for a stay of removal be granted until final determination of the Applicants’ presently pending judicial review.
ORDER in IMM-4723-21
THIS COURT ORDERS that the motion for a stay of removal be granted until final determination of the Applicants’ presently pending judicial review.
"Michel M.J. Shore"
Judge
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET:
IMM-4723-21
STYLE OF CAUSE:
GYORGY FULOP AND ZSUZSANNA FULOPNE CZIBOR v THE MINISTER OF CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING:
HELD BY TELECONFERENCE
DATE OF HEARING:
JULY 21, 2021
ORDER AND REASONS:
SHORE J.
DATED:
JULY 21, 2021
APPEARANCES:
Richard Wodnicki
For The Applicants
David Shiroky
For The respondent
SOLICITORS OF RECORD:
Richard B. Wodnicki
Lawyer
Montréal, Quebec
For The Applicants
Attorney General of Canada
Calgary, Alberta
For The respondent