Canada Judgment

Federal Court

Sharafaldin v. Canada (Citizenship and Immigration)

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Research organized from the available case record

Source document

01

Holding and result

The court held that no question of general importance under s.22.2(d) of the Citizenship Act was stated and approved the parties' agreed lump sum costs award of $65,000 as appropriate under Rule 22; the earlier judgment granting mandamus remains effective.

Court disposition

No question of general importance; costs awarded to the applicant in the lump sum amount of $65,000; prior judgment granting mandamus maintained.

Orders

  • No question of general importance is stated.
  • Costs are awarded to the applicant in the lump sum, all-inclusive amount of $65,000.

02

Material facts

Parties

MAHMOUD SHARAFALDIN

Applicant Counsel: Douglas Cannon

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent Counsel: Helen Park

Amounts and remedies

  • Costs Award: CAD 65,000

03

Procedural history

  1. Posture

    Judicial Review (mandamus) / Supplementary Judgment and Reasons

04

Questions and positions

Legal issues

Party arguments

Applicant
Applicant sought judicial review and an order of mandamus; submitted that no questions of general importance arose for certification and supported a lump sum costs award in the agreed amount of $65,000.
Respondent
Respondent did not propose any questions for certification, agreed that none arose, and agreed to the parties' proposed lump sum costs award of $65,000.

05

Court’s reasoning

  1. 01

    Citizenship Act, RSC 1985, c C-29, s 22.2(d)

    Certification of questions requires identification of serious questions of general importance under paragraph 22.2(d) of the Citizenship Act.

  2. 02

    Federal Courts Citizenship, Immigration and Refugee Protection Rules, SOR/93-22, Rule 22

    Rule 22 of the Federal Courts Citizenship, Immigration and Refugee Protection Rules governs assessment and awarding of costs including lump sum awards.

  3. 03

    Canadian common law (jurisprudence)

    Mandamus requires a clear right, a public duty to act, and no alternative remedy; remedy is discretionary.

06

Ratio, limits and disposition

Ratio decidendi

The court held that no question of general importance under s.22.2(d) of the Citizenship Act was stated and approved the parties' agreed lump sum costs award of $65,000 as appropriate under Rule 22; the earlier judgment granting mandamus remains effective.

Obiter and limits

  • Neither party proposed any questions for certification and the court agreed that none arise.
  • Having regard to relevant considerations, including Rule 22, the agreed lump sum award of $65,000 is appropriate.

Court disposition

No question of general importance; costs awarded to the applicant in the lump sum amount of $65,000; prior judgment granting mandamus maintained.

  • No question of general importance is stated.
  • Costs are awarded to the applicant in the lump sum, all-inclusive amount of $65,000.

Source and reliance status

Federal Court · 6 July 2022

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Judgment reading view

Judgment text

The complete available source text.

Source document

Federal Court

Judgment· 6 July 2022

2022 FC 997

Sharafaldin v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2022-07-06 Neutral citation 2022 FC 997 File numbers T-64-19 Decision Content Date: 20220706 Docket: T-64-19 Citation: 2022 FC 997 Ottawa, Ontario, July 6, 2022 PRESENT: Mr. Justice Norris BETWEEN:

MAHMOUD SHARAFALDIN Applicant and

THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent

SUPPLEMENTARY JUDGMENT AND REASONS [1] On May 27, 2022, the Court released the Judgment and Reasons in this matter allowing the application for judicial review and granting an order of mandamus: see Sharafaldin v Canada (Citizenship and Immigration), 2022 FC 768. Two issues were kept under reserve pending receipt of further submissions from the parties: (1) whether there are any serious questions of general importance for certification under paragraph 22.2(d) of the Citizenship Act, RSC 1985, c C-29; and (2) costs. [2] On June 10, 2022, the Court was informed that neither party proposed any questions for certification. I agree that none arise. [3] On June 30, 2022, the Court was informed that the parties had agreed on an award of costs in favour of the applicant in the lump sum amount of $65,000. Having regard to all of the relevant considerations, including Rule 22 of the Federal Courts Citizenship, Immigration and Refugee Protection Rules, SOR/93-22, I agree that a lump sum award in this amount is appropriate. SUPPLEMENTARY JUDGMENT IN T-64-19 THIS COURT’S JUDGMENT is that No question of general importance is stated. Costs are awarded to the applicant in the lump sum, all-inclusive amount of $65,000. “John Norris” Judge

FEDERAL COURT

SOLICITORS OF RECORD DOCKET: T-64-19 STYLE OF CAUSE: MAHMOUD SHARAFALDIN v THE MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING:

HELD BY VIDEOCONFERENCE DATE OF HEARING: June 10, 2021 SUPPLEMENTARY JUDGMENT AND REASONS: NORRIS J. DATED: July 6, 2022 APPEARANCES: Douglas Cannon For The Applicant Helen Park For The Respondent SOLICITORS OF RECORD: Elgin, Cannon & Associates Vancouver, British Columbia For The Applicant Attorney General of Canada Vancouver, British Columbia For The Respondent

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Sharafaldin v Canada (Citizenship and Immigration), 2022 FC 768

Case cited

Citizenship Act, RSC 1985, c C-29, s 22.2(d)

Legislation

Legislation referenced in the available case record.

Federal Courts Citizenship, Immigration and Refugee Protection Rules, SOR/93-22, Rule 22

Legislation

Legislation referenced in the available case record.

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