Kanes v. Canada ( Minister of Employment and Immigration )
Imm-1918-93
Strayer J.
4/5/93
4 pp.
Application for leave to cross-examine affiant on affidavit -- Federal Court Immigration Rules, 1993, s. 12(2) prohibiting cross-examination on affidavit unless special reasons -- Application dismissed -- No special reasons demonstrated herein -- Alleged inaccuracies would not be clarified by cross-examination -- Either irrelevant or solved by looking to documentary evidence -- Alleged errors appearing to contest documentation itself -- Rules designed to provide speedy, simple process for Court to determine whether application for leave raising serious question to be dealt with by normal judicial review process -- As case of first impression, costs not awarded, although future cases brought for such insubstantial reasons may attract costs -- Federal Court Immigration Rules SOR/93-22, RR. 12(2), 22.