John v. Minister of Citizenship and Immigration
The Court of Appeal concluded Dambrot J. properly exercised his discretion in declining jurisdiction and the appellate court would not interfere; concerns about deportation were addressed by noting the litigation guardian can apply under s.114(2) and the Minister indicated the removal would not be implemented until...
Source-derived case information.
- Citation
- C30073
- Parties
- Appellant: Fashion John; Appellant: Tushon John; Appellant: Loshon John; Litigation Guardian: Cartusha Skyers; Respondent: Minister of Citizenship and Immigration
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 23 March 2000
- Procedural Posture
- Civil / Appeal
- Outcome
- Appeal dismissed.
- Legal Topics
- Jurisdiction, Deportation, Humanitarian and Compassionate Relief, Litigation Guardian
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fashion John
Appellant
Tushon John
Appellant
Loshon John
Appellant
Cartusha Skyers
Litigation Guardian
Minister of Citizenship and Immigration
Respondent
Procedural Posture
Civil / Appeal
Legal Issues
- 1 Whether Dambrot J. erred in declining jurisdiction to hear the application
- 2 Whether the litigation guardian could be deported before seeking relief under the Immigration Act s.114(2)
Ratio Decidendi
The Court of Appeal concluded Dambrot J. properly exercised his discretion in declining jurisdiction and the appellate court would not interfere; concerns about deportation were addressed by noting the litigation guardian can apply under s.114(2) and the Minister indicated the removal would not be implemented until a reasonable opportunity to seek relief.
Court Disposition
Appeal dismissed.
Orders
- Appeal dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
John v. Minister of Citizenship and Immigration Collection Decisions of the Court of Appeal Date 2000-03-23 Docket numbers C30073 Judges Finlayson, George Duncan; Abella, Rosalie Silberman; O’Connor, Dennis Subject Civil Decision Content DATE: 20000323 DOCKET: C30073 COURT OF APPEAL FOR ONTARIO RE: FASHION JOHN, TUSHON JOHN, LOSHON JOHN Through their Litigation Guardian Cartusha Skyers (Appellants) v. MINISTER OF CITIZENSHIP AND IMMIGRATION (Respondent) BEFORE: FINLAYSON, ABELLA and O’CONNOR JJ.A. COUNSEL: Roger Rowe for the appellants Donald McIntosh and Jeremiah Eastman for the respondent HEARD: March 22, 2000 On appeal from the order of Dambrot J. dated May 29, 1998. E N D O R S E M E N T [1] We are not persuaded that we should interfere with the decision of Dambrot J. In our view, he properly exercised his discretion and declined jurisdiction to hear this application. [2] Counsel for the appellant expressed a concern that in the event this court dismissed this appeal, there is nothing to prevent the Minister from deporting the children’s litigation guardian, who is also the children’s caregiver, and who is presently subject to a removal order in her personal capacity. [3] We were advised by counsel for the Minister that the litigation guardian is in a position, and has been for some time, to make an application under s. 114(2) of the Immigration Act to be permitted to remain in Canada on humanitarian and compassionate grounds. We assume that the Minister will not implement the removal order until there has been a reasonable opportunity to bring the appropriate proceedings under the Immigration Act. [4] The appeal is therefore dismissed.