Adabi-Ghomi v. Canada
T-1576-94
Cullen J.
25/7/94
3 pp.
On May 26, 1994 McGillis J. signing two orders dismissing applications for leave, stay of execution of deportation order against plaintiff-On June 30 plaintiff's counsel, through agent attending at immigration counter of registry with "statement of declaration" seeking temporary injunction to stay plaintiff's removal from Canada pending final Court adjudication-Registry officer advising no authority in immigration matters to file such document-On July 4 agent filing same documents to Trial Division-On July 11 adding motion for interim injunction-Defendant filing motion to strike statement of declaration-Plaintiff requesting motion for stay and defendant's motion be dealt with orally-Although plaintiff's counsel aware of McGillis J.'s orders and advice "no authority" to file document, attempting again to file statement of declaration-Filed in error-Motion for interim injunction, statement of declaration struck-Costs on both applications awarded to defendants on solicitor/client basis, set at $1,000, payable forthwith by plaintiff's counsel-Federal Court Rules, C.R.C., c. 663, R. 324.