Ouardi v. Canada (Solicitor General)

A-36-05, A-37-05

2005 FCA 42, Rothstein J.A.

30/1/05

Application for stay of removal order pending appeal from decision of Blais J. refusing to entertain stay of removal application because motion brought at last minute--In case of late application for stay, motions Judge entitled to considerable leeway in dealing with matter--Requirement to consider merits could result in automatic stay because of need to give Minister time to respond, time for Court to decide matter--Not necessary to consider merits in all cases, but should consider reason for lateness of application--Here, motion for stay made less than 24 hours before scheduled removal--Blais J. properly exercised discretion not to entertain motion and within his jurisdiction to do so--Matter not appealable--That appeal thus rendered nugatory not amounting to irreparable harm in case at bar--Weighing of new evidence by pre-removal risk assessment officer not reviewable matter--Best interests of child to be considered in humanitarian and compassionate (H&C) application--Balance of convenience favouring Minister as appellant in Canada for over four years, could have made H&C application long ago, and judicial review filed out of time--Motion dismissed.