Leif Höegh & Co. A/S v. Canada ( Minister of Citizenship and Immigration )
IMM-1203-95
Dubé J.
18/5/95
6 pp.
Motion to stay operation of notice of liability to convey and/or pay removal costs issued by respondent pending outcome of leave application for judicial review -- Notice of liability concerning John Salilar, one of five stowaways boarding MV Höegh Duke in Bombay, India -- When vessel arrived in Halifax in January 1992, five stowaways taken off vessel by Canadian Immigration authorities -- Salilar applying unsuccessfully for refugee status, ordered deported -- Intention of respondent to compel applicant to take Salilar on board vessel in port of Halifax -- Test to be met for stay -- Respondent conceding serious issue to be tried -- Presence of unwanted, dangerous passenger on board creating serious problem to crew and owners -- No evidence Bombay authorities will accept him -- Canadian authorities not suggesting any other port of entry -- Irreparable harm for applicant of motion -- No irreparable harm to respondent should Salilar remain in Canada for time required to complete leave application for judicial review -- Balance of convenience strongly favouring stay -- No real urgency to instant notice of liability issued by Minister -- Stay application granted.