Kuzmich v. Canada ( Minister of Citizenship and Immigration )
IMM-1649-98
McGillis J.
10/11/98
5 pp.
Motion under r. 97(d) to dismiss applicant's notice of motion for failing to comply with notice of direction to attend crossexamination on affidavit-Applicant filing application for leave and judicial review of immigration officer's decision refusing application for landing as member of Deferred Removal Order Class on basis criminally inadmissible in Canada-Applicant producing false identification, misrepresenting to United States Customs officer Canadian citizen-Applicant's counsel advising counsel for Minister applicant prepared to attend at Canadian Consulate in New York for cross-examination on affidavit on undertaking presence in New York not disclosed to American authorities-Counsel for Minister rightly arguing applicant's motion, affidavit should be struck for refusing reasonable requests to be cross-examined on affidavit-Applicant's requirement Minister, Consulate undertake not to disclose applicant's illegal presence in United States patently unreasonable, inappropriate-Applicant's purported imposition of "condition" requiring Government of Canada to assist in concealing illegal presence in United States outrageous, given he fled Canada in order to avoid lawful deportation from that country following hearing in Court on that very issue-Constituting refusal to attend for cross-examination on affidavit-Applicant's affidavit struck under r. 97(c), notice of motion dismissed under r. 97(d)-Respondent's motion granted-Costs of motion awarded to respondent on solicitor and client basis in amount of $2,000 as applicant's conduct outrageous, scandalous-Federal Court Rules, 1998, SOR/98-106, r. 97(c), (d).