Case information

None.

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.

Courts – Federal Court of Appeal – Jurisdiction – Applicants filing notice of appeal in Federal Court of Appeal from decision of Federal Court judge dismissing motion for reconsideration and awarding costs against applicant Mr. Wong personally – Federal Court of Appeal removing notice of appeal from court file and closing court file on basis of lack of jurisdiction – Whether costs award against counsel personally unconstitutional – Whether applicants have right of appeal to Federal Court of Appeal – Whether s. 74(d) of Immigration and Refugee Protection Act, S.C. 2001, c. 27, unconstitutional – Whether s. 72(1) of Immigration and Refugee Protection Act unconstitutional – Federal Courts Act, R.S.C. 1985, c. F-7, s. 27 – Federal Courts Rules, SOR/98-106, r. 74, 397(1) and 404 – Immigration and Refugee Protection Act, s. 72(2)(e).

In May 2016, the Federal Court dismissed a motion for reconsideration filed by the applicant Mr. Liang. The Federal Court had refused him leave to commence judicial review proceedings from a decision of the appeal division of the Immigration and Refugee Board, and the motion for reconsideration sought to reverse that decision. The applicant Mr. Wong was Mr. Liang’s counsel in the Federal Court on that motion and a costs award amounting to $1,000 was made against him personally on the basis that he had attacked the credibility of the court during his conduct of the motion and had brought the proceeding improperly and without reasonable cause. Mr. Liang and Mr. Wong filed a notice of appeal in the Federal Court of Appeal, but pursuant to R. 74 of the Federal Courts Rules, the court ordered that it be removed from the court file and that the file be closed because they had no right of appeal.