Canada (Minister of Citizenship and Immigration) v. Thamotharem
The Court held that although the Canadian Council for Refugees did not have an automatic right to intervene under the Prothonotary's order, the Court would exercise its discretion to grant leave to intervene in this appeal subject to specified conditions.
Source-derived case information.
- Citation
- 2006 FCA 218
- Parties
- Appellant: THE MINISTER OF CITIZENSHIP AND IMMIGRATION; Respondent: DANIEL THAMOTHAREM; Intervenor: CANADIAN COUNCIL FOR REFUGEES
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 12 June 2006
- Procedural Posture
- Appeal to the Federal Court of Appeal / Motion for Leave to Intervene Decided in Writing
- Outcome
- Leave to intervene granted to the Canadian Council for Refugees subject to conditions
- Legal Topics
- Leave to Intervene, Intervener Standing, Procedural Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Appellant
DANIEL THAMOTHAREM
Respondent
CANADIAN COUNCIL FOR REFUGEES
Intervenor
Procedural Posture
Appeal to the Federal Court of Appeal / Motion for Leave to Intervene Decided in Writing
Legal Issues
- 1 Whether the Canadian Council for Refugees has an automatic right to intervene by virtue of Prothonotary Milczynski's Order of June 21, 2005
- 2 Whether the court should exercise its discretion to grant leave to intervene and on what conditions
Ratio Decidendi
The Court held that although the Canadian Council for Refugees did not have an automatic right to intervene under the Prothonotary's order, the Court would exercise its discretion to grant leave to intervene in this appeal subject to specified conditions.
Court Disposition
Leave to intervene granted to the Canadian Council for Refugees subject to conditions
Orders
- Leave granted to the Canadian Council for Refugees to intervene in the appeal on conditions to be specified by the court.
- Motion dealt with in writing without appearance of the parties; order delivered at Ottawa, Ontario on June 12, 2006.
Full Case Text
Judgment text and source record
1 paragraphs
Canada (Minister of Citizenship and Immigration) v. Thamotharem Court (s) Database Federal Court of Appeal Decisions Date 2006-06-12 Neutral citation 2006 FCA 218 File numbers A-38-06 Decision Content Date: 20060512 Docket: A-38-06 Citation: 2006 FCA 218 Present: NADON J.A. BETWEEN: THE MINISTER OF CITIZENSHIP AND IMMIGRATION Appellant and DANIEL THAMOTHAREM Respondent Dealt with in writing without appearance of parties. Order delivered at Ottawa, Ontario, on June 12, 2006. REASONS FOR ORDER BY: NADON J.A. Date: 20060512 Docket: A-38-06 Citation: 2006 FCA 218 Present: NADON J.A. BETWEEN: THE MINISTER OF CITIZENSHIP AND IMMIGRATION Appellant and DANIEL THAMOTHAREM Respondent REASONS FOR ORDER NADON J.A. [1] Although I agree entirely with the appellant that the Canadian Council for Refugees (the Council) does not, by reason of Prothonotary Milczynski's Order of June 21, 2005, have an "automatic" right to intervene in this appeal, I am nonetheless satisfied that, in the circumstances of this case, leave ought to be granted to the Council. [2] Accordingly, I will make such an Order, specifying the conditions under which leave is granted. "M. Nadon" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-38-06 STYLE OF CAUSE: M.C.I. v. DANIEL THAMOTHAREM MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES REASONS FOR ORDER BY: NADON J.A. DATED: June 12, 2006 WRITTEN REPRESENTATIONS BY: John Provart FOR THE APPELLANT / Catherine Bruce and Angus Grant FOR THE PROPOSED INTERVENOR SOLICITORS OF RECORD: John H. Sims Q.C. Deputy Attorney General of Canada Ottawa, ON FOR THE APPELLANT / The Law Offices of Catherine Grant Toronto, ON FOR THE PROPOSED INTERVENOR