Canada (Citizenship and Immigration) v. Vidaurre Cortes
Because both parties informed the Court the matter was moot and no exceptional circumstances were identified to justify hearing a moot appeal, the Court declined to exercise its discretion and dismissed the appeal.
Source-derived case information.
- Citation
- 2008 FCA 8
- Parties
- Appellant: THE MINISTER OF CITIZENSHIP AND IMMIGRATION; Respondent: WARREN ALFREDO VIDAURRE CORTES; Respondent: ANGELITA ROSELA SOLANO QUESADA
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 9 January 2008
- Procedural Posture
- Immigration Appeal (federal Court of Appeal) / Appeal Heard; Matter Found Moot; Discretion Not Exercised; Appeal Dismissed
- Outcome
- Appeal dismissed
- Legal Topics
- Mootness, Judicial Discretion to Refuse Moot Appeals, Dismissal of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Appellant
WARREN ALFREDO VIDAURRE CORTES
Respondent
ANGELITA ROSELA SOLANO QUESADA
Respondent
Procedural Posture
Immigration Appeal (federal Court of Appeal) / Appeal Heard; Matter Found Moot; Discretion Not Exercised; Appeal Dismissed
Legal Issues
- 1 Whether the Court should exercise its discretion to hear an appeal that has become moot
- 2 Whether the appeal should be dismissed as moot
Ratio Decidendi
Because both parties informed the Court the matter was moot and no exceptional circumstances were identified to justify hearing a moot appeal, the Court declined to exercise its discretion and dismissed the appeal.
Court Disposition
Appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
Canada (Citizenship and Immigration) v. Vidaurre Cortes Court (s) Database Federal Court of Appeal Decisions Date 2008-01-09 Neutral citation 2008 FCA 8 File numbers A-101-07 Decision Content Date: 20080109 Docket: A-101-07 Citation: 2008 FCA 8 CORAM: DESJARDINS J.A. SEXTON J.A. PELLETIER J.A. BETWEEN: THE MINISTER OF CITIZENSHIP AND IMMIGRATION Appellant and WARREN ALFREDO VIDAURRE CORTES ANGELITA ROSELA SOLANO QUESADA Respondents Heard at Toronto, Ontario, on January 9, 2008. Judgment delivered from the Bench at Toronto, Ontario, on January 9, 2008. REASONS FOR JUDGMENT OF THE COURT BY: DESJARDINS J.A. Date: 20080109 Docket: A-101-07 Citation: 2008 FCA 8 CORAM: DESJARDINS J.A. SEXTON J.A. PELLETIER J.A. BETWEEN: THE MINISTER OF CITIZENSHIP AND IMMIGRATION Appellant and WARREN ALFREDO VIDAURRE CORTES ANGELITA ROSELA SOLANO QUESADA Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on January 9, 2008) DESJARDINS J.A. [1] Whereas both parties have informed this Court that this matter is now moot, we have decided not to exercise our discretion to hear this case. [2] Accordingly, this appeal will be dismissed. “Alice Desjardins” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-101-07 (APPEAL FROM THE JUDGMENT OF THE HONOURABLE MR. JUSTICE CAMPBELL DELIVERED ON JANUARY 24, 2007, DOCKET NO. IMM-885-06) STYLE OF CAUSE: THE MINISTER OF CITIZENSHIP AND IMMIGRATION v. WARREN ALFREDO VIDAURRE CORTES ANGELITA ROSELA SOLANO QUESADA PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: January 9, 2008 REASONS FOR JUDGMENT OF THE COURT BY: (DESJARDINS, SEXTON & PELLETIER JJ.A.) DELIVERED FROM THE BENCH BY: DESJARDINS J.A. APPEARANCES: Rhonda Marquis Margherita Braccio FOR THE APPELLANT Matthew Jeffery FOR THE RESPONDENTS SOLICITORS OF RECORD: John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE APPELLANT Matthew Jeffery Toronto, Ontario FOR THE RESPONDENTS