Docket

35990

Jeyakannan Kanthasamy v. Minister of Citizenship and Immigration

(Federal) (Civil) (By Leave)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2015-12-15 Appeal closed
2015-12-11 Formal judgment sent to the registrar of the court of appeal and all parties
2015-12-11 Judgment on appeal and notice of deposit of judgment sent to all parties
2015-12-10 Judgment on the appeal rendered, CJ Abe Cro Mo Ka Wa Ga, The appeal from the judgment of the Federal Court of Appeal, Number A-272-13, 2014 FCA 113, dated May 2, 2014, heard on April 16, 2015, is granted with costs. The Senior Immigration Officer’s decision is set aside and the matter is remitted for reconsideration. Moldaver and Wagner JJ. are dissenting.
Granted, with costs
2015-04-28 Transcript received, 111 pages.
2015-04-16 Judgment reserved OR rendered with reasons to follow
2015-04-16 Hearing of the appeal, 2015-04-16, CJ Abe Cro Mo Ka Wa Ga
Decision reserved
2015-04-16 Intervener's condensed book, (Book Form), filed in the Court room. Parkdale Community Legal Services
2015-04-16 Intervener's condensed book, (Book Form), Filed in the Court room. Canadian Council for Refugees
2015-04-16 Respondent's condensed book, (Book Form), filed in the Court room. Minister of Citizenship and Immigration
2015-04-16 Appellant's condensed book, (Book Form), Received in the court room. Jeyakannan Kanthasamy
2015-04-15 Notice of appearance, Ms. Barbara Jackman and Ms. Ksenija Trahan will be at the hearing and Ms. Jackman will present the oral presentation. 5 tickets reserved. Jeyakannan Kanthasamy
2015-04-15 Notice of appearance, Ms. Marianne Zoric and Ms. Kathryn Hucal will appear at the hearing and Ms. Zoric will present the oral argument. Minister of Citizenship and Immigration
2015-04-15 Correspondence received from, 4 reserved tickets. Barbra Schlifer Commemorative Clinic and Canadian Centre for Victims of Torture
2015-04-14 Appeal perfected for hearing
2015-04-13 Notice of appearance, Ms. Alyssa Manning, Ms. Laila Dermirdache, Ms. Aviva Basman and Ms. Rathika Vasavithasan will be presents at the hearing. Ms. Manning will present the oral arguments. Barbra Schlifer Commemorative Clinic and Canadian Centre for Victims of Torture
2015-04-13 Correspondence received from, 5 reserved seats. 1 more reserved seat. Minister of Citizenship and Immigration
2015-04-13 Correspondence received from, 1 seat reserved. Justice for Children and Youth
2015-04-10 Notice of appearance, Ms. Jamie Liew, Ms. Jennifer Stone and Mr. Michael Bossin, counsel for the Canadian Council for Refugees will be presents at the hearing. Mr. Bossin will make the oral arguments. Canadian Council for Refugees
2015-04-10 Notice of appearance, Mr. Ronald Poulton and Ms. Toni Schweitzer will be present at the hearing to reprensent the Parkdale Community Legal Services and Mr. Poulton will do the oral presentation. Parkdale Community Legal Services
2015-04-08 Order by, Ka, FURTHER TO THE ORDER dated March 19, 2015 granting leave to intervene to the Canadian Council for Refugees, Justice for Children and Youth, the Barbra Schlifer Commemorative Clinic and the Canadian Centre for Victims of Torture (jointly), the Canadian Association of Refugee Lawyers and the Parkdale Community Legal Services;
IT IS HEREBY FURTHER ORDERED THAT:
The interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
Granted
2015-04-02 Intervener's book of authorities, (Book Form), 2 volumes. Proof of service missing. Received 2015-04-02., Completed on: 2015-04-02, (Electronic version filed on 2015-04-02) Justice for Children and Youth
2015-04-02 Intervener's factum, (Book Form), Proof of service missing. Received 2015-04-02. Correspondence re error on paragraph 12 at page 5., Completed on: 2015-04-02, (Electronic version filed on 2015-04-02) Justice for Children and Youth
2015-04-02 Intervener's book of authorities, (Book Form), Completed on: 2015-04-07, (Electronic version filed on 2015-04-02) Canadian Association of Refugee Lawyers
2015-04-02 Intervener's factum, (Book Form), Proof of service missing. Received 2015-04-07., Completed on: 2015-04-07, (Electronic version filed on 2015-04-02) Canadian Association of Refugee Lawyers
2015-04-02 Intervener's book of authorities, (Book Form), Completed on: 2015-04-08, (Electronic version filed on 2015-04-02) Barbra Schlifer Commemorative Clinic and Canadian Centre for Victims of Torture
2015-04-02 Intervener's factum, (Book Form), Proof of services missing. Received 2015-04-08., Completed on: 2015-04-08, (Electronic version filed on 2015-04-02) Barbra Schlifer Commemorative Clinic and Canadian Centre for Victims of Torture
2015-04-01 Intervener's book of authorities, (Book Form), Completed on: 2015-04-08, (Electronic version filed on 2015-04-01) Parkdale Community Legal Services
2015-04-01 Intervener's factum, (Book Form), Proof of services missing. Received 2015-04-08., Completed on: 2015-04-08, (Electronic version filed on 2015-04-01) Parkdale Community Legal Services
2015-04-01 Intervener's book of authorities, (Book Form), Completed on: 2015-04-01, (Electronic version filed on 2015-04-01) Canadian Council for Refugees
2015-04-01 Intervener's factum, (Book Form), Completed on: 2015-04-01, (Electronic version filed on 2015-04-01) Canadian Council for Refugees
2015-04-01 Order on motion to strike out, (by WAGNER J.)
2015-04-01 Order on motion to extend time, (by WAGNER J.)
2015-04-01 Decision on motion to strike out, Wa
Dismissed, without costs
2015-04-01 Decision on motion to extend time, Wa, UPON APPLICATION by the appellant for an extension of time to serve and file their record, factum and book of authorities to February 16, 2015;
AND UPON APPLICATION by the respondent for an order striking certain documents from the appellant’s record;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for an extension of time is granted and the motion to strike is dismissed, without costs.
Granted
2015-04-01 Submission of motion to strike out, Wa
2015-04-01 Submission of motion to extend time, Wa
2015-03-30 Reply to motion to strike out, (Letter Form), Completed on: 2015-03-30 Minister of Citizenship and Immigration
2015-03-26 Respondent's book of authorities, (Book Form), 2 volumes, Completed on: 2015-03-26 Minister of Citizenship and Immigration
2015-03-26 Respondent's factum, (Book Form), service to come - rec'd March 30, 2015, Completed on: 2015-03-31 Minister of Citizenship and Immigration
2015-03-26 Correspondence received from, Laila Demirdache dated 2015-03-26. Re: Is part of a team of counsel for the parties Barbra Schlifer Commemorative Clinic and Canadian Centre for Victims of Torture
2015-03-23 Response to motion to strike out, (Letter Form), Completed on: 2015-03-23, (Electronic version filed on 2015-03-24) Jeyakannan Kanthasamy
2015-03-19 Correspondence (sent by the Court) to, Marianne Zoric by fax, re: request for leave to file a factum in response to the interveners' facta
2015-03-19 Order on motion for leave to intervene, (by KARAKATSANIS J.)
2015-03-19 Decision on the motion for leave to intervene, Ka, UPON APPLICATIONS by the Canadian Council for Refugees, Justice for Children and Youth, the Barbra Schlifer Commemorative Clinic and the Canadian Centre for Victims of Torture (jointly), the Canadian Association of Refugee Lawyers and the Parkdale Community Legal Services for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene by the Canadian Council for Refugees, Justice for Children and Youth, the Barbra Schlifer Commemorative Clinic and the Canadian Centre for Victims of Torture (jointly), the Canadian Association of Refugee Lawyers and the Parkdale Community Legal Services are granted and the said interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length in this appeal on or before April 2, 2015.
The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.
The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their interventions.
Granted
2015-03-19 Submission of motion for leave to intervene, Ka
2015-03-16 Motion to strike out, (Book Form), Completed on: 2015-03-16 Minister of Citizenship and Immigration
2015-03-16 Response to motion to extend time, (Letter Form), Completed on: 2015-03-16 Minister of Citizenship and Immigration
2015-03-13 Notice of hearing sent to parties
2015-03-11 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2015-03-11 Canadian Council for Refugees
2015-03-11 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2015-03-11 Canadian Association of Refugee Lawyers
2015-03-11 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2015-03-11 Barbra Schlifer Commemorative Clinic and Canadian Centre for Victims of Torture
2015-03-11 Response to the motion for leave to intervene, (Letter Form), Completed on: 2015-03-11 Jeyakannan Kanthasamy
2015-03-11 Reply to the motion for leave to intervene, (Letter Form), (original filed March 13, 2015), Completed on: 2015-03-11 Parkdale Community Legal Services
2015-03-10 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2015-03-10 Justice for Children and Youth
2015-03-10 Appeal hearing scheduled, 2015-04-16
Decision reserved
2015-03-09 Response to the motion for leave to intervene, (Letter Form), to Parkdale Community Legal Services, Completed on: 2015-03-09 Minister of Citizenship and Immigration
2015-03-09 Response to the motion for leave to intervene, (Letter Form), to Canadian Association of Refugee Lawyers, Completed on: 2015-03-09 Minister of Citizenship and Immigration
2015-03-09 Response to the motion for leave to intervene, (Letter Form), to Canadian Council for Refugees, Completed on: 2015-03-09 Minister of Citizenship and Immigration
2015-03-09 Response to the motion for leave to intervene, (Letter Form), to Barbra Schlifer Commemorative Clinic and Canadian Centre for Victims of Torture, Completed on: 2015-03-09 Minister of Citizenship and Immigration
2015-03-09 Response to the motion for leave to intervene, (Letter Form), to Justice for Children and Youth , Completed on: 2015-03-09 Minister of Citizenship and Immigration
2015-03-06 Motion to extend time, (Letter Form), to serve and file the appellants documents. Service - rec'd March 10, 2015. Fees to come, Completed on: 2015-03-13, (Printed version filed on 2015-03-10) Jeyakannan Kanthasamy
2015-03-05 Motion for leave to intervene, (Book Form), service to come - rec'd March 6, 2015, Completed on: 2015-03-06, (Electronic version filed on 2015-03-09) Parkdale Community Legal Services
2015-03-05 Motion for leave to intervene, (Book Form), Completed on: 2015-03-05 Canadian Association of Refugee Lawyers
2015-03-05 Motion for leave to intervene, (Book Form), Completed on: 2015-03-05, (Electronic version filed on 2015-03-05) Barbra Schlifer Commemorative Clinic and Canadian Centre for Victims of Torture
2015-03-04 Motion for leave to intervene, (Book Form), Completed on: 2015-03-04 Justice for Children and Youth
2015-03-03 Motion for leave to intervene, (Book Form), Completed on: 2015-03-03 Canadian Council for Refugees
2015-02-24 Correspondence received from, Appellant, re- electronic filing form Jeyakannan Kanthasamy
2015-02-16 Certificate of counsel (attesting to record), (Letter Form) Jeyakannan Kanthasamy
2015-02-16 Appellant's book of authorities, (Book Form), 4 volumes, Completed on: 2015-02-16 Jeyakannan Kanthasamy
2015-02-16 Appellant's record, (Book Form), 2 volumes , Completed on: 2015-02-17 Jeyakannan Kanthasamy
2015-02-16 Appellant's factum, (Book Form), Motion to ext. time to come - rec'd March 6, 2015, Completed on: 2015-03-06, (Electronic version filed on 2015-02-24) Jeyakannan Kanthasamy
2015-02-03 Correspondence received from, Rebecca Lockwood dated 2015-02-03. Re: Appeal book format Jeyakannan Kanthasamy
2015-01-14 Correspondence received from, Kathryn Hucal dated 2015-01-13. Re: Marianne Zoric and Kathryn Hucal will be counsel on file Minister of Citizenship and Immigration
2015-01-13 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2015-01-12 Order by, CJ, IT IS HEREBY ORDERED THAT:
1. The appellant’s record, factum and book of authorities shall be served and filed on or before February 12, 2015.
2. Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before March 5, 2015.
3. The appellant and respondent shall serve and file their responses, if any, to the motions for leave to intervene on or before March 9, 2015.
4. Replies to any responses to the motions for leave to intervene shall be served and filed on or before March 11, 2015.
5. The respondent’s record, factum and book of authorities shall be served and filed on or before March 26, 2015.
6. Any interveners granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities on or before April 2, 2015.
Granted
2014-12-18 Notice of appeal, Completed on: 2014-12-18 Jeyakannan Kanthasamy
2014-12-05 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2014-12-05 Judgment on leave sent to the parties
2014-12-04 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-272-13, 2014 FCA 113, dated May 2, 2014, is granted with costs in the cause.
Granted, with costs in the cause
2014-11-10 All materials on application for leave submitted to the Judges, Abe Ro Mo
2014-09-15 Applicant's reply to respondent's argument, (Letter Form), Completed on: 2014-09-15, (Electronic version filed on 2014-09-17) Jeyakannan Kanthasamy
2014-09-03 Certificate (on limitations to public access) Minister of Citizenship and Immigration
2014-09-03 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2014-09-03, (Electronic version filed on 2014-09-03) Minister of Citizenship and Immigration
2014-08-05 Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2014-08-05
2014-08-01 Certificate (on limitations to public access) Jeyakannan Kanthasamy
2014-08-01 Application for leave to appeal, (2 volumes), Completed on: 2014-08-01 Jeyakannan Kanthasamy