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25173

Veluppillai Pushpanathan v. Minister of Citizenship and Immigration

(Federal) (Civil) (By Leave)

Docket

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

List of proceedings
Date Proceeding Filed By
(if applicable)
1999-09-15 Appeal closed
1998-09-28 Formal judgment sent to the registrar of the court of appeal and all parties, F.C.A. (Ottawa, Ontario)
1998-09-28 Copy of formal judgment being prepared, (RE-HEARING)
1998-09-23 Notice of deposit of judgment sent to all parties, (RE-HEARING)
1998-09-17 Decision on the motion for a re-hearing of the appeal, L'HD G Co McL Ma Ba, The reasons of Bastarache J., in which judgment was rendered on June 4, 1998, [1998] 1 S.C.R. 982, are modified at paragraph 77 as follows: (see long)

Granted, no order as to costs
1998-08-28 All material on motion for a re-hearing of the appeal submitted to Justices, 1998-09-17, L'HD G Co McL Ma Ba
1998-07-29 $50.00 filing fee for notice of motion, (deducted from Justice account) Minister of Citizenship and Immigration
1998-07-29 Motion for a re-hearing of the appeal, 11 copies (notice and memo of argum'nt filed separate), motion pursuant to R 51 for rehearing of the appeal and amend't of judg. rendered June 4/98 and for an order amending terms of the pronouncement sent to L'HD G Co McL Ma Ba, Aug. 28/98, with service, Completed on: 1998-07-29 Minister of Citizenship and Immigration
1998-07-08 Record returned to the Registrar of the Court of Appeal, (1 accordion file - joint with trial record)
1998-06-16 Copy of formal judgment being prepared, all parties
1998-06-12 Formal judgment sent to the registrar of the court of appeal and all parties, F.C.A. (Ottawa, ON)
1998-06-04 Notice of deposit of judgment sent to all parties, all parties
1998-06-04 Judgment on the appeal rendered, L'HD So G Co McL Ma Ba
Allowed, no order as to costs
1998-04-23 Supplemental document, 10 copies, with service Veluppillai Pushpanathan
1998-04-22 Supplemental document, 12 copies of second supplementary authorities Minister of Citizenship and Immigration
1998-04-14 General proceeding, 24 copies of FACTUM IN RESPONSE TO THE ADDITIONAL MEMORANDUM OF THE INTERVENER (as per order dated March 20, 1998) sent to L'HD G Co McL I Ma Ba, Apr. 14/98, with service Minister of Citizenship and Immigration
1998-04-08 General proceeding, 24 copies of APPELLANT'S REPLY TO THE INTERVENOR'S ADDITIONAL ARGUMENT (as per order dated 20-03-98) sent to CJ L'HD G Co McL I Ma Ba Bi, Apr. 9/98, with service Veluppillai Pushpanathan
1998-04-03 Notice of hearing, With service Veluppillai Pushpanathan
1998-03-26 General proceeding, 24 copies of ADDITIONAL MEMORANDUM OF ARGUMENT (as per Order of March 20\98) sent to CJ L'HD G Co McL I Ma Ba Bi, March 26/98, with service Canadian Council for Refugees
1998-03-25 Appeal hearing
1998-03-20 Order on miscellaneous motion, to file an additional memorandum of argument (For judges' Order see file)
1998-03-20 Decision on miscellaneous motion, The motion to file an additional memorandum of argument on the specific issue raised in paragraph 1 of the intervener's application is granted and the time to do so is 10 days, after which the parties will have 15 days to respond, should they so desire, L'HD So G Co McL Ma Ba
Granted, no order as to costs
1998-03-20 Hearing of miscellaneous motion, 1998-03-20, The motion to file an additional memorandum of argument on the specific issue raised in paragraph 1 of the intervener's application is granted and the time to do so is 10 days, after which the parties will have 15 days to respond, should they so desire, L'HD So G Co McL Ma Ba
1998-03-20 Submission of miscellaneous motion, 1998-03-20, The motion to file an additional memorandum of argument on the specific issue raised in paragraph 1 of the intervener's application is granted and the time to do so is 10 days, after which the parties will have 15 days to respond, should they so desire, L'HD So G Co McL Ma Ba
1998-03-02 Appeal perfected for hearing, Session beginning on 1998-04-27
1998-02-13 Notice of deposit of judgment sent to all parties, all parties
1998-02-10 Judgment on the appeal rendered, L'HD So G Co McL Ma Ba
Rehearing ordered, no order as to costs
1997-11-13 General proceeding, 10 copies of RESPONDENT'S RESPONSE ON THE INTERVENER'S MOTION sent to L'HD So G Co McL Ma Ba, Nov. 13/97, with service Minister of Citizenship and Immigration
1997-10-29 General proceeding, 10 copies of REPRESENTATIONS of the intervener on motion for discretionaly relief sent to L'HD So G Co McL Ma Ba, Nov. 3/97, with service Canadian Council for Refugees
1997-10-29 Affidavit, re: discretionary relief (of David Matas) 10 copies, with service Canadian Council for Refugees
1997-10-29 $50.00 filing fee for notice of motion, receipt #28004 Canadian Council for Refugees
1997-10-29 Notice of miscellaneous motion, to file an additional memorandum of argument to grant discretionary relief on humanitarian grounds (10 copies), with service, Completed on: 1997-10-29 Canadian Council for Refugees
1997-10-24 General proceeding, transcripts received and distributed to the judges (84 pages)
1997-10-09 Hearing of the appeal, 1997-10-09, L'HD So G Co McL Ma Ba
Decision reserved
1997-10-09 General proceeding, 12 copies of Condensed Book of Authorities given in Court Veluppillai Pushpanathan
1997-10-09 General proceeding, 12 copie of Condensed Book given in Court Minister of Citizenship and Immigration
1997-10-09 General proceeding, 10 copies of a F.C.A. judgment in Sinnapu v. Canada given in Court Minister of Citizenship and Immigration
1997-10-06 Book of authorities, 10 copies, with service, Completed on: 1997-10-06 Canadian Council for Refugees
1997-10-01 Supplemental document, 10 copies of Respondent's supplementary Book of authorities, with service Minister of Citizenship and Immigration
1997-09-30 Response to motion to file a reply factum on appeal, re: to file the reply to the factum of the intervener, Canadian Council for Refugees (Gowling, Strathy) (fax copy), Completed on: 1997-09-30 Veluppillai Pushpanathan
1997-09-30 Decision on the motion to file a reply factum on appeal, in response to the factum of the intervener Canadian Council of Regufees, McL
Granted, no order as to costs
1997-09-30 Hearing of motion to file a reply factum on appeal, 1997-09-30, in response to the factum of the intervener Canadian Council of Regufees, McL
1997-09-30 Submission of motion to file a reply factum on appeal, 1997-09-30, in response to the factum of the intervener Canadian Council of Regufees, McL
1997-09-30 Decision on motion for additional time to present oral argument, for an additional 15 min. of oral argument for a total of 30 minutes, McL
Granted, no order as to costs
1997-09-30 Hearing of motion for additional time to present oral argument, 1997-09-30, for an additional 15 min. of oral argument for a total of 30 minutes, McL
1997-09-30 Submission of motion for additional time to present oral argument, 1997-09-30, for an additional 15 min. of oral argument for a total of 30 minutes, McL
1997-09-26 $50.00 filing fee for notice of motion, for additional time receipt #34830 Canadian Council for Refugees
1997-09-26 Response to the motion for additional time to present oral argument, from Gowling, Strathy to M. Larmour, letter dated Sept. 26, 1997 re: consents to the application by Can. Counsel for refugees for an additional 15 minutes (total 30 minutes) at the hearing of the appeal, Completed on: 1997-09-26 Veluppillai Pushpanathan
1997-09-26 Correspondence (sent by the Court) to, from Graham Garton to Registrar: letter dated Sept. 26, 1997 (fax copy) re: does not oppose for an additional 15 minutes of oral argument by Can. Council for Refugees
1997-09-25 Affidavit, (David Matas), with service Canadian Council for Refugees
1997-09-25 Motion for additional time to present oral argument, (an additional 15 minutes) $50.00 requested, with service, Completed on: 1997-09-25 Canadian Council for Refugees
1997-09-22 $50.00 filing fee for notice of motion, (deducted from Justice Account) Minister of Citizenship and Immigration
1997-09-22 Affidavit, to the intervener, Canadian Council for Refugees' factum; 2 copies; Bonnie Boucher, with service Minister of Citizenship and Immigration
1997-09-22 Motion to file a reply factum on appeal, to the intervener, Canadian Council of Refugees' factum; 2 copies, with service, Completed on: 1997-09-22 Minister of Citizenship and Immigration
1997-08-27 Appeal hearing scheduled, 1997-10-09
Decision reserved
1997-05-20 Intervener's factum, 24 copies (AMENDED FACTUM filed on Sept.12/97), with service, Completed on: 1997-05-20 Canadian Council for Refugees
1997-05-13 Correspondence (sent by the Court) to, sent to Dept. of Justice (Toronto, ON) enclosing copy of notice to the profession dealing with condensed books
1997-05-13 Correspondence (sent by the Court) to, sent to Waldman and Assoc. (Toronto, ON) enclosing copy of the notice to the profession dealing with condensed books
1997-05-02 Book of authorities, 10 copies of vol. 1 to 3 (D.B. advised), with service, Completed on: 1997-05-02 Minister of Citizenship and Immigration
1997-04-24 Appeal perfected for hearing, Session beginning on 1997-10-06
1997-04-24 Respondent's factum, 24 copies, with service, Completed on: 1997-04-24 Minister of Citizenship and Immigration
1997-03-03 Book of authorities, 10 copies of vol. 1 and 2, Completed on: 1997-03-03 Veluppillai Pushpanathan
1997-03-03 Appellant's factum, 24 copies, Completed on: 1997-03-03 Veluppillai Pushpanathan
1997-02-26 Certified casebook, vol. I to III Veluppillai Pushpanathan
1997-02-26 Appeal court record, 1 accordion file (joint with Trial record)
1997-02-26 Trial court record, 1 accordion file (joint with C/A record)
1997-01-31 Case on appeal, 23 copies of vol. 1 to 3 Veluppillai Pushpanathan
1997-01-29 Order on motion for leave to intervene
1997-01-29 Decision on the motion for leave to intervene, oral argument is limited to 15 minutes and factum to 20 pages., L'HD
Granted, no order as to costs
1997-01-29 Hearing of motion for leave to intervene, 1997-01-29, oral argument is limited to 15 minutes and factum to 20 pages., L'HD
1997-01-29 Submission of motion for leave to intervene, 1997-01-29, oral argument is limited to 15 minutes and factum to 20 pages., L'HD
1997-01-27 Correspondence (sent by the Court) to, (by fax) from Lorne Waldman; re: no objection to the intervention by the Canadian Council of Refugees
1997-01-24 Correspondence (sent by the Court) to, from Dept. of Justice (Graham Garton), letter dated Jan. 24, 1997 re: does not oppose the application to intervene by Can. Council for Refugess
1997-01-15 Proof of service, of the motion for leave to intervene, affidavit of Marty Dolan and submissions of the C.C.R.
1997-01-08 General proceeding, SUBMISSIONS of..., with service Canadian Council for Refugees
1997-01-08 $50.00 filing fee for notice of motion, to extend time receipt #33319 Canadian Council for Refugees
1997-01-08 Affidavit, (of Marty Dolin), with service Canadian Council for Refugees
1997-01-08 Motion for leave to intervene, (extension of time requested), with service, Completed on: 1997-01-08 Canadian Council for Refugees
1996-11-07 Correspondence (sent by the Court) to, sent to A.G. of Canada (Toronto, ON) enclosing copy of Rule 32 c.c. Robert Frater
1996-11-07 Correspondence (sent by the Court) to, sent to Lorne Waldman (Toronto, ON) enclosing copy of Rule 32
1996-11-04 Order granting leave to appeal
1996-11-01 Notice of appeal, (1 copy), with service, Completed on: 1996-11-01 Veluppillai Pushpanathan
1996-10-03 Judgment of the Court on the application for leave to appeal, L'HD So McL, The application for leave to appeal is granted.
Granted, no order as to costs
1996-10-03 Notice of deposit of judgment issued to all parties, A.G. of Canada
1996-10-03 Notice of deposit of judgment issued to all parties, Lorne Waldman (Toronto, ON)
1996-10-03 Notice of deposit of judgment issued to all parties, Lorne Waldman (Toronto, ON)
1996-05-31 All materials on application for leave submitted to the Judges, L'HD So McL
1996-03-25 Court of Appeal casebooks and transcripts of evidence, 3 copies of 4 volumes of Appeal Book
1996-03-14 Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1996-03-14 Minister of Citizenship and Immigration
1996-03-05 Correspondence received from, sent to A.G. of Canada (Toronto, ON) enclosing copy of letter dated Mar 5/96 sent to applicant
1996-03-05 Correspondence received from, sent to Lorne Waldman (Toronto, ON) to acknowledge receipt of material commencing a proceeding together with filing fee
1996-02-19 $50.00 filing fee, receipt no. 31576 Veluppillai Pushpanathan
1996-02-19 Application for leave to appeal, 5 copies (appeal book of F.A.C. requested, application should be binded on left side and pages numbered consecutively) (service admitted on Feb. 16/96) AMENDED COPIES BINDED ON THE LEFT AND WITH PAGES NUMBERED FILED ON MARCH 19/96, with service, Completed on: 1996-03-25 Veluppillai Pushpanathan

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Pushpanathan, Veluppillai Applicant Active

v.

Main parties - Respondents
Name Role Status
Minister of Citizenship and Immigration Respondent Active

Other parties

Other parties
Name Role Status
Canadian Council for Refugees Intervener Active

Counsel

Party: Pushpanathan, Veluppillai

Counsel
Name
Lorne Waldman
Contact information
281 EGLINTON AVE E
TORONTO, Ontario
M4P 1L3
Telephone: (416) 482-6501
FAX: (416) 489-9618
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling Lafleur Henderson
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: henry.brown@gowlings.com

Party: Minister of Citizenship and Immigration

Counsel
Name
Urszula Kaczmarczyk
Contact information
Attorney General of Canada
The Exchange Tower, Box 36
130 King St. West, Suite 3400
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-3688
FAX: (416) 954-8982
Email: urszula.kaczmarczyk@justice.gc.ca
Agent
Name
Graham R. Garton, Q.C.
Contact information
Attorney General of Canada
Department of Justice
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4842
FAX: (613) 954-1920
Email: ggarton@justice.gc.ca

Party: Canadian Council for Refugees

Counsel
Name
David Matas
Contact information
225 Vaughan Street
Suite 602
Winnipeg, Manitoba
R3C 1T7
Telephone: (204) 944-1831
FAX: (204) 942-1494
Email: dmatas@mts.net
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling Lafleur Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Summary

Keywords

None.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

None.

Lower court rulings

September 1, 1993
Federal Court of Canada, Trial Division

IMM-240-93

Appellant's application dismissed

December 19, 1995
Federal Court of Appeal

A-535-93

Appeal dismissed

Filed documents

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

Not available

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

Not available

The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.

Downloadable PDFs

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Date modified: 2025-05-13