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Date: 19980121 Docket: A-59-97 CORAM: THE CHIEF JUSTICE LINDEN, J.A. McDONALD, J.A. BETWEEN: THALAYASINGAM SIVAKUMAR Appellant - and - HER MAJESTY THE QUEEN and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondents Heard at Toronto, Ontario, Wednesday, January 21st, 1998 Judgment delivered at Toronto, Ontario, Wednesday, January 21st, 1998 REASONS FOR JUDGMENT BY: ISAAC, C.J. Date: 19980121 Docket: A-59-97 CORAM: THE CHIEF JUSTICE LINDEN, J.A. McDONALD, J.A. BETWEEN: THALAYASINGAM SIVAKUMAR Appellant - and - HER MAJESTY THE QUEEN and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondents REASONS FOR JUDGMENT [1] We are all of the view that this appeal cannot succeed. [2] The order in appeal was made pursuant to a motion sought under rule 419(1)(a) of the Federal Court Rules and is discretionary. Despite the ingenious and interesting arguments advanced by Mr. Waldman on behalf of the appellant, we have not been persuaded that the Motions Judge failed to exercise his discretion judicially, as defined in the jurisprudence. We will, therefore dismiss the appeal with costs. "Julius A. Isaac" C.J. FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record DOCKET: A-59-97
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
DATE OF HEARING: JANUARY 21, 1998 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR JUDGMENT BY: ISAAC, C.J. Delivered at Toronto, Ontario on Wednesday, January 21, 1998 APPEARANCES: Mr. Lorne Waldman For the Appellant Mr. Donald McIntosh Ms. Claire A. H. le Riche For the Respondent SOLICITORS OF RECORD: Waldman & Associates 281 Eglinton Avenue East Toronto, Ontario M4P 1L3
For the Appellant
George Thomson Deputy Attorney General of Canada For the Respondents
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