Docket

30125

David Hilewitz v. The Minister of Citizenship and Immigration

(Federal) (Civil) (By Leave)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2005-10-27 Appeal closed
2005-10-24 Formal judgment sent to the registrar of the court of appeal and all parties
2005-10-24 Judgment on appeal and notice of deposit of judgment sent to all parties
2005-10-21 Judgment on the appeal rendered, CJ Ma Ba Bi LeB De F Abe Cha, The appeals from the judgments of the Federal Court of Appeal, Numbers A-560-02 (2003 FCA 420) and A-649-02 (2003 FCA 422), dated November 12, 2003, heard on February 8, 2005, are allowed with costs throughout, and both applications are referred to the Minister for reconsideration and redetermination by different visa officers, LeBel and Deschamps JJ. dissenting.
Allowed, with costs
2005-02-22 Transcript received, (77 pages) - Joint with 30127
2005-02-08 Judgment reserved OR rendered with reasons to follow
2005-02-08 Respondent's condensed book, Submitted in Court (14 copies) The Minister of Citizenship and Immigration
2005-02-08 Appellant's condensed book, Submitted in Court (14 copies) David Hilewitz
2005-02-08 Acknowledgement and consent for video taping of proceedings, From all parties
2005-02-08 Hearing of the appeal, 2005-02-08, CJ Ma Ba Bi LeB De F Abe Cha
Judgment reserved
2005-02-07 Reply factum on appeal, (as per J. Deschamps' order dated Feb. 3, 2005) (sent to the judges Feb. 7/05), Completed on: 2005-02-07 The Minister of Citizenship and Immigration
2005-02-03 Correspondence received from, Nicholas McHaffie, re: re-submission of an authority at Tab 20 of the book of authorities. (Joint with 30127) (sent to the Judges Feb 3/05) David Hilewitz
2005-02-03 Order on motion to strike out
2005-02-03 Decision on motion to strike out, 1. portions of the interveners CACL and ERDCO's factum be denied; 2. the alternative conclusion be granted and the respondent be allowed to file a reply factum not exceeding 10 pages in length., De
Allowed in part, without costs
2005-02-03 Submission of motion to strike out, De
2005-02-03 Response to motion to strike out, (Letter Form), Completed on: 2005-02-03 David Hilewitz
2005-01-27 Book of authorities, on motion to strike, Completed on: 2005-01-27 Canadian Association for Community Living and Ethno-Racial People with Disabilities Coalition of Ontario
2005-01-27 Response to motion to strike out, (joint with 30127) (bookform), Completed on: 2005-01-27 Canadian Association for Community Living and Ethno-Racial People with Disabilities Coalition of Ontario
2005-01-26 Notice of appearance, Ena Chadha and Dianne Wintermute will be present at hearing. Canadian Association for Community Living and Ethno-Racial People with Disabilities Coalition of Ontario
2005-01-26 Response to motion to strike out, (1 copy / by fax - joint with 30127), Completed on: 2005-01-26 Canadian Association for Community Living and Ethno-Racial People with Disabilities Coalition of Ontario
2005-01-25 Notice of appearance, Urszula Kaczmarczyk and Michael H. Morris will be present at hearing. The Minister of Citizenship and Immigration
2005-01-25 Notice of appearance, Cecil L. Rotenberg, Q.C., Nicholas McHaffie, Howard Greenberg and Inna Kogan will be present at hearing. Cecil L. Rotenberg, Q.C. and Nicholas McHaffie will be doing oral arguments at the hearing (dated Feb. 2). David Hilewitz
2005-01-25 Correspondence received from, N. McHaffie re: enclosing page 62A missing in the record (24 copies) (sent to the judges Jan. 26/05) David Hilewitz
2005-01-19 Motion to strike out, many paragraphs from the interveners' factum (joint with 30127)(bookform), Completed on: 2005-01-19 The Minister of Citizenship and Immigration
2005-01-04 Order by, Ma, UPON APPLICATION by the Canadian Association for Community Living and the Ethno-Racial People with Disabilities Coalition of Ontario for leave to intervene in the above appeal and pursuant to the order of November 2, 2004;
IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
Granted
2004-12-29 Book of authorities, (2 volumes), Completed on: 2004-12-29 Canadian Association for Community Living and Ethno-Racial People with Disabilities Coalition of Ontario
2004-12-29 Intervener's factum, (Joint with 30127), Completed on: 2004-12-29 Canadian Association for Community Living and Ethno-Racial People with Disabilities Coalition of Ontario
2004-11-25 Notice of hearing sent to parties
2004-11-25 Appeal hearing scheduled, 2005-02-08, Previously Feb. 17, 2005
Judgment reserved
2004-11-15 Appeal perfected for hearing
2004-11-10 Respondent's book of authorities, (joint with 30127), Completed on: 2004-11-10 The Minister of Citizenship and Immigration
2004-11-10 Respondent's record, Completed on: 2004-11-10 The Minister of Citizenship and Immigration
2004-11-10 Respondent's factum, Completed on: 2004-11-10 The Minister of Citizenship and Immigration
2004-11-02 Order on motion for leave to intervene, (BY MAJOR J.)
2004-11-02 Decision on the motion for leave to intervene, Ma, The motion for leave to intervene of the applicants, Canadian Association for Community Living and the Ethno-Racial People with Disabilities Coalition of Ontario, is granted and the applicants shall be entitled to serve and file a joint factum not to exceed 20 pages in length.
The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.
The interveners shall not be entitled to raise new issues or adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention.
Granted
2004-11-02 Submission of motion for leave to intervene, Ma
2004-10-29 Reply to the motion for leave to intervene, (bookform) (joint with 30127), Completed on: 2004-10-29 Canadian Association for Community Living and Ethno-Racial People with Disabilities Coalition of Ontario
2004-10-28 Response to the motion for leave to intervene, (Letter Form), from Nicholas McHaffie dated 10/28/04 (joint with 30127), Completed on: 2004-10-28 David Hilewitz
2004-10-22 Response to the motion for leave to intervene, (Letter Form), from Urszula Kaczmarczyk dated 10/22/04 (joint with 30127), Completed on: 2004-10-22 The Minister of Citizenship and Immigration
2004-10-14 Book of authorities, on motion for leave to intervene (joint with 30127), Completed on: 2004-10-14 Canadian Association for Community Living and Ethno-Racial People with Disabilities Coalition of Ontario
2004-10-14 Motion for leave to intervene, (joint with 30127) (bookform), Completed on: 2004-10-14 Canadian Association for Community Living and Ethno-Racial People with Disabilities Coalition of Ontario
2004-09-17 Appellant's book of authorities, Completed on: 2004-09-17 David Hilewitz
2004-09-16 Appellant's record, (Vol. I and II) (page 34 of the F.C.A. reasons missing - rec'd Jan. 25/05), Completed on: 2004-09-16 David Hilewitz
2004-09-16 Appellant's factum, (proof of service rec'd on Sept. 20/04), Completed on: 2004-09-16 David Hilewitz
2004-09-13 Correspondence received from, N. McHaffie (by fax) re: will file joint book of authorities with 30127 David Hilewitz
2004-06-24 Notice of appeal, Completed on: 2004-06-24 David Hilewitz
2004-05-28 Judgment on leave sent to the parties
2004-05-27 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2004-05-27 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-560-02, dated November 12, 2003, is granted without costs.
Granted, without costs
2004-04-13 All materials on application for leave submitted to the Judges, Ba LeB De
2004-02-18 Book of authorities David Hilewitz
2004-02-16 Applicant's reply to respondent's argument, Completed on: 2004-02-16 David Hilewitz
2004-02-06 Respondent's response on the application for leave to appeal, Completed on: 2004-02-06 The Minister of Citizenship and Immigration
2004-01-14 Letter acknowledging receipt of a complete application for leave to appeal
2004-01-06 Application for leave to appeal, Completed on: 2004-01-12 David Hilewitz
 

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