Sibomana v. Canada

The appeal was dismissed as moot because the specific relief sought (continuance/lifting of the stay) was subsequently granted by another judge; the Court declined to exercise its discretion under Borowski to hear the matter on the merits and awarded costs of $500 for appellants' disrespectful statements.

Source-derived case information.

Citation: 2018 FCA 13
Parties: Appellant: Jean Pierre Martin Sibomana; Appellant: Jeannette Mukasine; Appellant: Chantal Uwiduhaye; Appellant: Rutigunga Hervé Sibomana; Appellant: Ituze Loic Sibomana; Appellant: Ishema Tracy Sibomana; Respondent: Her Majesty the Queen in Right of Canada; Respondent: Minister of Citizenship and Immigration; Respondent: Minister of Public Safety and Emergency Preparedness; Respondent: Officer François Jobidon; Respondent: Officer Émelie Audet; Respondent: CIC-Buffalo Visa Officer N.M. Egan; Respondent: Belgian Ambassador Raoul Delcorde; Respondent: Belgian Consul Hubert Roisin; Respondent: Belgian Police Officer Patrick Stevens
Court: Federal Court of Appeal
Jurisdiction: Canada
Judgment Date: 16 January 2018
Procedural Posture: Appeal From Federal Court Order in Civil Action for Damages / Interlocutory Appeal; Moot
Outcome: Appeal dismissed as moot
Legal Topics: Stay of Proceedings, Continuance of Proceeding, Mootness, Costs, Judicial Discretion
Source Language: en

Civil Procedure Appeals Administrative Law Stay of Proceedings Continuance of Proceeding Mootness Costs Judicial Discretion

Source-derived case record

Summary, issues, holding and outcome

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Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

Jean Pierre Martin Sibomana

Appellant

Jeannette Mukasine

Appellant

Chantal Uwiduhaye

Appellant

Rutigunga Hervé Sibomana

Appellant

Ituze Loic Sibomana

Appellant

Ishema Tracy Sibomana

Appellant

Her Majesty the Queen in Right of Canada

Respondent

Minister of Citizenship and Immigration

Respondent

Minister of Public Safety and Emergency Preparedness

Respondent

Officer François Jobidon

Respondent

Officer Émelie Audet

Respondent

CIC-Buffalo Visa Officer N.M. Egan

Respondent

Belgian Ambassador Raoul Delcorde

Respondent

Belgian Consul Hubert Roisin

Respondent

Belgian Police Officer Patrick Stevens

Respondent

Procedural Posture

Appeal From Federal Court Order in Civil Action for Damages / Interlocutory Appeal; Moot

Legal Issues

1 Whether a continuance of proceeding should be ordered
2 Whether the appeal is moot
3 Whether the court should exercise its discretion to hear a moot appeal (Borowski)

Ratio Decidendi

Court Disposition

Appeal dismissed as moot

Orders

Appeal dismissed
Costs fixed in the amount of $500, all inclusive

Full Case Text

Judgment text and source record

1 paragraphs

Sibomana v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2018-01-16 Neutral citation 2018 FCA 13 File numbers A-108-17 Decision Content Date: 20180116 Docket: A-108-17 Citation: 2018 FCA 13 [ENGLISH TRANSLATION] CORAM: GAUTHIER J.A. BOIVIN J.A. DE MONTIGNY J.A. BETWEEN: JEAN PIERRE MARTIN SIBOMANA JEANNETTE MUKASINE CHANTAL UWIDUHAYE RUTIGUNGA HERVÉ SIBOMANA ITUZE LOIC SIBOMANA ISHEMA TRACY SIBOMANA Appellants and HER MAJESTY THE QUEEN IN RIGHT OF CANADA MINISTER OF CITIZENSHIP AND IMMIGRATION MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS OFFICER FRANÇOIS JOBIDON OFFICER ÉMELIE AUDET CIC-BUFFALO VISA OFFICER N.M. EGAN BELGIAN AMBASSADOR RAOUL DELCORDE BELGIAN CONSUL HUBERT ROISIN BELGIAN POLICE OFFICER PATRICK STEVENS Respondents Hearing held at Montréal, Quebec, on January 16, 2018. Judgment delivered from the Bench at Montréal, Quebec, on January 16, 2018. REASONS FOR JUDGMENT OF THE COURT BY: BOIVIN J.A. Date: 20180116 Docket: A-108-17 Citation: 2018 FCA 13 CORAM: GAUTHIER J.A. BOIVIN J.A. DE MONTIGNY J.A. BETWEEN: JEAN PIERRE MARTIN SIBOMANA JEANNETTE MUKASINE CHANTAL UWIDUHAYE RUTIGUNGA HERVÉ SIBOMANA ITUZE LOIC SIBOMANA ISHEMA TRACY SIBOMANA Appellants and HER MAJESTY THE QUEEN IN RIGHT OF CANADA MINISTER OF CITIZENSHIP AND IMMIGRATION MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS OFFICER FRANÇOIS JOBIDON OFFICER ÉMELIE AUDET CIC-BUFFALO VISA OFFICER N.M. EGAN BELGIAN AMBASSADOR RAOUL DELCORDE BELGIAN CONSUL HUBERT ROISIN BELGIAN POLICE OFFICER PATRICK STEVENS Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Montréal, Quebec, on January 16, 2018.) BOIVIN J.A. [1] The only issue before Annis J. of the Federal Court was whether or not there would be a continuance of proceeding. In his March 22, 2017, order, Annis J. dismissed the appellants’ motion to lift the stay in the context of their action for damages. Yet, that same stay was then lifted in another decision dated June 28, 2017, by Martineau J. The appellants therefore got the continuance of proceeding that they were seeking. This appeal of Annis J.’s order has therefore become moot. [2] However, we have not been persuaded by the arguments raised by the appellants to exercise our discretion to hear the appeal on the merits (Borowski v. Canada (Attorney General), [1989] 1 S.C.R. 342). [3] Therefore, the appeal should be dismissed. Given the appellants’ disrespectful statements about respondents’ counsel in their Memorandum of Fact and Law, ignoring Gascon J.’s warning in his order dated August 17, 2017, costs are fixed in the amount of $500, all inclusive. “Richard Boivin” J.A. FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-108-17 STYLE OF CAUSE: JEAN PIERRE MARTIN SIBOMANA, JEANNETTE MUKASINE, CHANTAL UWIDUHAYE, RUTIGUNGA HERVÉ SIBOMANA, ITUZE LOIC SIBOMANA, ISHEMA TRACY SIBOMANA v. HER MAJESTY THE QUEEN IN RIGHT OF CANADA, MINISTER OF CITIZENSHIP AND IMMIGRATION, MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS, OFFICER FRANÇOIS JOBIDON, OFFICER ÉMELIE AUDET, CIC-BUFFALO VISA OFFICER N.M. EGAN, BELGIAN AMBASSADOR RAOUL DELCORDE, BELGIAN CONSUL HUBERT ROISIN, BELGIAN POLICE OFFICER PATRICK STEVENS PLACE OF HEARING: MONTRÉAL, Quebec DATE OF HEARING: January 16, 2018 REASONS FOR JUDGMENT BY: GAUTHIER J.A. BOIVIN J.A. DE MONTIGNY J.A. DELIVERED FROM THE BENCH BY: BOIVIN J.A. APPEARANCES: Jean-Pierre Martin Sibomana For the appellants Self-represented Daniel Latulippe For the respondents SOLICITORS OF RECORD: Nathalie G. Drouin Deputy Attorney General of Canada For the respondents

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