Sutherland v. Canada (Minister of Citizenship and Immigration)
The appeal is dismissed for mootness and, under Rule 22 of the Federal Court Immigration Rules, no costs are awarded because no special reasons exist.
Source-derived case information.
- Citation
- 2002 FCA 426
- Parties
- Appellant: John Alan Sutherland; Respondent: The Minister of Citizenship and Immigration
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 4 November 2002
- Procedural Posture
- Immigration Appeal Under S.83 of the Immigration Act / Federal Court of Appeal Judgment; Reasons Delivered From the Bench
- Outcome
- Appeal dismissed for mootness; no costs awarded.
- Legal Topics
- Mootness, Costs, Federal Court Immigration Rules Rule 22, Section 83 Immigration Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Alan Sutherland
Appellant
The Minister of Citizenship and Immigration
Respondent
Procedural Posture
Immigration Appeal Under S.83 of the Immigration Act / Federal Court of Appeal Judgment; Reasons Delivered From the Bench
Legal Issues
- 1 Whether the appeal is moot
- 2 Whether costs may be awarded under Rule 22 of the Federal Court Immigration Rules in the absence of special reasons
Ratio Decidendi
The appeal is dismissed for mootness and, under Rule 22 of the Federal Court Immigration Rules, no costs are awarded because no special reasons exist.
Court Disposition
Appeal dismissed for mootness; no costs awarded.
Orders
- Appeal dismissed
- No costs awarded
Full Case Text
Judgment text and source record
1 paragraphs
Sutherland v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court of Appeal Decisions Date 2002-11-04 Neutral citation 2002 FCA 426 File numbers A-642-01 Decision Content Date: 20021104 Docket: A-642-01 Neutral citation: 2002 FCA 426 CORAM: LINDEN J.A. NOËL J.A. SHARLOW J.A. BETWEEN: JOHN ALAN SUTHERLAND Appellant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent Heard at Calgary, Alberta on November 4, 2002. Judgment delivered from the Bench at Calgary, Alberta on November 4, 2002. REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. Date: 20021104 Docket: A-642-01 Neutral citation: 2002 FCA 426 CORAM: LINDEN J.A. NOËL J.A. SHARLOW J.A. BETWEEN: JOHN ALAN SUTHERLAND Appellant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Calgary, Alberta on November 4, 2002.) NOËL J.A. [1] This appeal will be dismissed for mootness. As this is an appeal under section 83 of the Immigration Act, R.S.C. 1985, c. I-2, Rule 22 of the Federal Court Immigration Rules, 1993, SOR/93-22, precludes an award of costs in the absence of special reasons. There are in this case no special reasons. "M. NOËL" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-642-01 STYLE OF CAUSE: JOHN ALAN SUTHERLAND v. MCI PLACE OF HEARING: Calgary, AB DATE OF HEARING: November 4, 2002 REASONS FOR JUDGMENT Delivered from the Bench: NOËL, J.A. DATED: November 4, 2002 APPEARANCES: Mr. John A. Sutherland, Litigant in Person FOR THE APPELLANT Calgary, AB Mr. W. Brad Hardstaff FOR THE RESPONDENT Edmonton, AB SOLICITORS OF RECORD: Mr. John A. Sutherland, Litigant in Person FOR THE APPELLANT Mr. Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada