Jerezano v. Canada (Minister of Citizenship and Immigration)
Court headnote
Jerezano v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2001-04-26 Neutral citation 2001 FCT 402 File numbers IMM-3850-00 Decision Content Date: 20010426 Docket: IMM-3850-00 Neutral citation:2001 FCT 402 BETWEEN: AMY AMERICA CASTRO JEREZANO Applicant -and- THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER GILES A.S.P. [1] Counsel for the Applicant has filed a motion seeking to be removed as solicitor of record. The application for judicial review is set down to be heard in less than a week. The motion was filed yesterday and was handed to a courier for service on the Applicant the day before, that is, May 24th, 2001. If notice had been delivered the same day, the Applicant would have had only eight days to arrange representation at the hearing on May 2nd, 2001. [2] Among the grounds on which counsel seeks to be removed are that the Applicant has failed to make arrangements to retain counsel. There is no suggestion that the Applicant has stopped instructing counsel. The evidence is all directed to the refusal by the Applicant to arrange for Legal Aid or other payment. [3] There is no indication that the Applicant wishes to abandon her application. I am most reluctant to release counsel whom I assume must be prepared to proceed save for some last minute matters because at this date, any replacement counsel would probably seek an adjournment of the scheduled May 2nd, 2001 hearing. The Court sch…
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Jerezano v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2001-04-26 Neutral citation 2001 FCT 402 File numbers IMM-3850-00 Decision Content Date: 20010426 Docket: IMM-3850-00 Neutral citation:2001 FCT 402 BETWEEN: AMY AMERICA CASTRO JEREZANO Applicant -and- THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER GILES A.S.P. [1] Counsel for the Applicant has filed a motion seeking to be removed as solicitor of record. The application for judicial review is set down to be heard in less than a week. The motion was filed yesterday and was handed to a courier for service on the Applicant the day before, that is, May 24th, 2001. If notice had been delivered the same day, the Applicant would have had only eight days to arrange representation at the hearing on May 2nd, 2001. [2] Among the grounds on which counsel seeks to be removed are that the Applicant has failed to make arrangements to retain counsel. There is no suggestion that the Applicant has stopped instructing counsel. The evidence is all directed to the refusal by the Applicant to arrange for Legal Aid or other payment. [3] There is no indication that the Applicant wishes to abandon her application. I am most reluctant to release counsel whom I assume must be prepared to proceed save for some last minute matters because at this date, any replacement counsel would probably seek an adjournment of the scheduled May 2nd, 2001 hearing. The Court schedule has long been arranged and it is too late to substitute another matter in the space reserved for this application. [4] The waste of judicial and other Court time because of fee collection difficulties of counsel is scarcely justifiable. However, the Applicant has known since a letter dated February 5th, 2001 that counsel intended to remove himself as solicitor of record if payment arrangements were not made. Counsel indicates that he did not move because the client had again applied for Legal Aid. Legal Aid again was not granted because the client did not supply the necessary financial information to Legal Aid. [5] I am satisfied that in the circumstances, it is not certain that the judge at hearing would have any obligation to grant an adjournment if counsel were removed. I therefore will order counsel removed effective the date that proof of actual receipt of a copy of my order is filed with the Court. ORDER [6] Terry S. Guerriero is removed as solicitor of record for the Applicant herein, effective the day that proof of actual receipt of a copy of this order is filed with the Court. "Peter A. K. Giles" A.S.P. Toronto, Ontario April 26, 2001 FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record COURT NO: IMM-3850-00 STYLE OF CAUSE: AMY AMERICA CASTRO JEREZANO Applicant -and- THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369 REASONS FOR ORDER AND ORDER BY: GILES A.S.P. DATED: THURSDAY, APRIL 26, 2001 WRITTEN SUBMISSIONS BY: No position taken by the Respondent: Terry S. Guerriero For the Applicant SOLICITORS OF RECORD: Terry S. Guerriero Barrister & Solicitor 110 - 21 King Street West London, Ontario N6A 5H3 For the Applicant Morris Rosenberg Deputy Attorney General of Canada For the Respondent FEDERAL COURT OF CANADA Date: 20010426 Docket: IMM-3850-00 Between: AMY AMERICA CASTRO JEREZANO Applicant -and- THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER
Source: decisions.fct-cf.gc.ca