Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
30127
Dirk de Jong v. The Minister of Citizenship and Immigration
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2005-10-27 | Appeal closed | |
| 2005-10-24 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2005-10-24 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2005-10-21 |
Judgment on the appeal rendered, CJ Ma Ba Bi LeB De F Abe Cha, The appeals from the judgments of the Federal Court of Appeal, Numbers A-560-02 (2003 FCA 420) and A-649-02 (2003 FCA 422), dated November 12, 2003, heard on February 8, 2005, are allowed with costs throughout, and both applications are referred to the Minister for reconsideration and redetermination by different visa officers, LeBel and Deschamps JJ. dissenting. Allowed, with costs |
|
| 2005-02-22 | Transcript received, (77 pages) - Joint with 30125 | |
| 2005-02-08 | Judgment reserved OR rendered with reasons to follow | |
| 2005-02-08 | Respondent's condensed book, Submitted in Court (14 Copies) | The Minister of Citizenship and Immigration |
| 2005-02-08 | Appellant's condensed book, Submitted in Court (14 copies) | Dirk de Jong |
| 2005-02-08 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2005-02-08 |
Hearing of the appeal, 2005-02-08, CJ Ma Ba Bi LeB De F Abe Cha Judgment reserved |
|
| 2005-02-03 | Correspondence received from, Nicholas McHaffie, re: re-submission of an authority at Tab 20 in the book of authorities. (Joint with 30125) (sent to the Judges Feb 3/05) | Dirk de Jong |
| 2005-02-03 | Order on motion to strike out | |
| 2005-02-03 |
Decision on motion to strike out, De, 1. portions of the interveners CACL and ERDCO's factum be denied; 2. the alternative conclusion be granted and the respondent be allowed to file a reply factum not exceeding 10 pages in length. Allowed in part, without costs |
|
| 2005-02-03 | Submission of motion to strike out, De | |
| 2005-02-03 | Response to motion to strike out, (Letter Form), Completed on: 2005-02-03 | Dirk de Jong |
| 2005-01-27 | Book of authorities, on motion to strike, Completed on: 2005-01-27 | Canadian Association for Community Living and Ethno-Racial People with Disabilities Coalition of Ontario |
| 2005-01-27 | Response to motion to strike out, (bookform) (joint with 30125), Completed on: 2005-01-27 | Canadian Association for Community Living and Ethno-Racial People with Disabilities Coalition of Ontario |
| 2005-01-26 | Notice of appearance, Ena Chadha and Dianne Wintermute will be present at hearing. | Canadian Association for Community Living and Ethno-Racial People with Disabilities Coalition of Ontario |
| 2005-01-25 | Notice of appearance, Cecil L. Rotenberg, Q.C., Andrew Z. Wlodyka, Nicholas McHaffie, Rachel Rotenberg and Mario D. Bellissimo will be present at hearing. Cecil L. Rotenberg, Q.C., Andrew Z. Wlodyka and Nicholas McHaffie will be doing oral arguments at the hearing (Feb. 2). | Dirk de Jong |
| 2005-01-25 | Notice of appearance, Urszula Kaczmarczyk and Michael H. Morris will be present at hearing. | The Minister of Citizenship and Immigration |
| 2005-01-19 | Motion to strike out, many paragraphs from the interveners' factum (joint with 30125)(bookform), Completed on: 2005-01-19 | The Minister of Citizenship and Immigration |
| 2005-01-04 |
Order by, Ma, UPON APPLICATION by the Canadian Association for Community Living and the Ethno-Racial People with Disabilities Coalition of Ontario for leave to intervene in the above appeal and pursuant to the order of November 2, 2004; IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2004-12-29 | Book of authorities, (Joint with 30125), Completed on: 2004-12-29 | Canadian Association for Community Living and Ethno-Racial People with Disabilities Coalition of Ontario |
| 2004-12-29 | Intervener's factum, (Joint with 30125), Completed on: 2004-12-29 | Canadian Association for Community Living and Ethno-Racial People with Disabilities Coalition of Ontario |
| 2004-11-25 | Notice of hearing sent to parties | |
| 2004-11-25 |
Appeal hearing scheduled, 2005-02-08, Previously Feb. 17, 2005 Judgment reserved |
|
| 2004-11-15 | Appeal perfected for hearing | |
| 2004-11-10 | Respondent's book of authorities, (joint with 30125), Completed on: 2004-11-10 | The Minister of Citizenship and Immigration |
| 2004-11-10 | Respondent's record, Completed on: 2004-11-10 | The Minister of Citizenship and Immigration |
| 2004-11-10 | Respondent's factum, Completed on: 2004-11-10 | The Minister of Citizenship and Immigration |
| 2004-11-02 | Order on motion for leave to intervene, (BY MAJOR J.) | |
| 2004-11-02 |
Decision on the motion for leave to intervene, Ma, The motion for leave to intervene of the applicants, Canadian Association for Community Living and the Ethno-Racial People with Disabilities Coalition of Ontario, is granted and the applicants shall be entitled to serve and file a joint factum not to exceed 20 pages in length. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be entitled to raise new issues or adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention. Granted |
|
| 2004-11-02 | Submission of motion for leave to intervene, Ma | |
| 2004-10-29 | Reply to the motion for leave to intervene, (bookform)(joint with 30125), Completed on: 2004-10-29 | Canadian Association for Community Living and Ethno-Racial People with Disabilities Coalition of Ontario |
| 2004-10-28 | Response to the motion for leave to intervene, (Letter Form), from Nicholas McHaffie dated 10/28/04 (joint with 30125), Completed on: 2004-10-28 | Dirk de Jong |
| 2004-10-22 | Response to the motion for leave to intervene, (Letter Form), from Urszula Kaczmarczyk dated 10/22/04 (joint with 30125), Completed on: 2004-10-22 | The Minister of Citizenship and Immigration |
| 2004-10-14 | Book of authorities, on motion for leave to intervene (joint with 30125), Completed on: 2004-10-14 | Canadian Association for Community Living and Ethno-Racial People with Disabilities Coalition of Ontario |
| 2004-10-14 | Motion for leave to intervene, (joint with 30125) (bookform), Completed on: 2004-10-14 | Canadian Association for Community Living and Ethno-Racial People with Disabilities Coalition of Ontario |
| 2004-09-17 | Appellant's record, Completed on: 2004-09-17 | Dirk de Jong |
| 2004-09-17 | Appellant's factum, Completed on: 2004-09-17 | Dirk de Jong |
| 2004-09-13 | Correspondence received from, N. McHaffie (by fax) re: will file joint book of authorities with 30125 | Dirk de Jong |
| 2004-06-24 | Notice of appeal, Completed on: 2004-06-24 | Dirk de Jong |
| 2004-05-28 | Judgment on leave sent to the parties | |
| 2004-05-27 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2004-05-27 |
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-649-02, dated November 12, 2003, is granted without costs. Granted, without costs |
|
| 2004-04-13 | All materials on application for leave submitted to the Judges, Ba LeB De | |
| 2004-02-18 | Book of authorities | Dirk de Jong |
| 2004-02-16 | Applicant's reply to respondent's argument, Completed on: 2004-02-16 | Dirk de Jong |
| 2004-02-06 | Respondent's response on the application for leave to appeal, (printed on right; accepted), Completed on: 2004-02-06 | The Minister of Citizenship and Immigration |
| 2004-01-14 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2004-01-12 | Application for leave to appeal, Completed on: 2004-01-12 | Dirk de Jong |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| de Jong, Dirk | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| The Minister of Citizenship and Immigration | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian Association for Community Living and Ethno-Racial People with Disabilities Coalition of Ontario | Intervener | Active |
Counsel
Party: de Jong, Dirk
Counsel
Andrew Z. Wlodyka
Nicholas McHaffie
Rachel Rotenberg
Mario D. Bellissimo
Don Mills, Ontario
M3B 3H9
Telephone: (416) 449-8866
FAX: (416) 510-9090
Email: cecilrotenberg@clrqc.com
Agent
1600 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 566-0546
FAX: (613) 230-8877
Email: nmchaffie@stikeman.com
Party: The Minister of Citizenship and Immigration
Counsel
Urszula Kaczmarczyk
Neeta Logsetty
The Exchange Tower
130 King Street West, Suite 3400
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-9704
FAX: (416) 973-0809
Email: michael.morris@justice.gc.ca
Agent
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Canadian Association for Community Living and Ethno-Racial People with Disabilities Coalition of Ontario
Counsel
Ena Chadha
425 Bloor Street East
Suite 110
Toronto, Ontario
M4W 3R5
Telephone: (416) 482-8255
FAX: (416) 482-2981
Email: wintermd@lao.on.ca
Agent
1420 - 99 Bank Street
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9600
FAX: (613) 783-9690
Email: scott.mclean@fmc-law.com
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The following facts were recited in the reasons for judgment of the Court of Appeal. The Appellant, a Dutch citizen, applied for a permanent residence visa in the self-employed category. He owns a dairy farm in the Netherlands and, if admitted to Canada, plans to buy a similar kind of farm in Ontario, in a community where other Dutch people have settled. The Appellant included his wife and their six dependent children in the visa application.
The Appellant's visa application was rejected because one of his daughters, D, was found to be medically inadmissible under s. 19(1)(a)(ii) of the Immigration Act, R.S.C. 1985, c. I-2, since her admission might reasonably be expected to cause excessive demands on social services. D, who was born in 1988, is mildly mentally retarded and is likely to need special education and other social services if admitted to Canada.
The Appellant made an application for judicial review to quash the visa officer's refusal of the visa. He argued, among other things, that the medical officer erred in not properly taking into consideration the fact that D would attend a private Christian school in the community where the Appellant's family intended to settle. The school is run by the church to which the family belongs and it appears to have agreed to accept the Appellant's children, including D. Consequently, counsel for the Appellant argued, it was not likely that D would have resort to the special education for developmentally delayed students provided in the Ontario public school system.
The applications judge dismissed the application for judicial review holding that parental ability and willingness to pay for privately provided social services or, where relevant, to make a required financial contribution in order to obtain publicly provided services, is not relevant to an excessive demands opinion. The Court of Appeal dismissed the appeal.
Lower court rulings
Federal Court of Canada, Trial Division
IMM-6058-99
Appellant's application for judicial review of the officer's decision dismissed
Federal Court of Appeal
A-649-02
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available