CITIZENSHIP AND IMMIGRATION
Immigration Practice
Applicant seeking to cross‑examine affiant of affidavit filed in response to request for leave to commence application for judicial review—Respondent Canadian Society of Immigration Consultants (CSIC) opposing cross‑examination on ground affidavit filed for sole purpose of leave application, will not be relied on in judicial review application—Federal Courts Immigration and Refugee Protection Rules, SOR/93-22, r. 16 providing documents filed in connection with application for leave will form part of record for consideration by judge hearing application for judicial review—As affidavit in question forming part of record, applicant having prima facie right to cross‑examine deponent—However in interests of justice to allow CSIC to withdraw affidavit as affiant’s views now diametrically opposed to CSIC’s position.
Law Society of Upper Canada v. Canada (Minister of Citizenship and Immigration) (IMM‑63‑05, 2006 FC 1042, Lafrenière P., order dated 29/8/06 ,12 pp.)