Bahrami v. Canada ( Minister of Citizenship and Immigration )
IMM-3549-97
Hargrave P.
21/5/98
5 pp.
Practice-Striking out, on Court's own initiative, of abandoned application for leave and for judicial review of deportation order made in July 1997 by reason of inordinate delay-While function of courts to provide facilities and services to litigants, courts can no longer afford to be at beck and call of litigants, but must allocate their resources to give best possible result overall result-Litigants, in return, have obligation both to courts and to taxpayers, including duty to properly determine, not merely abandon, litigation-Abandoned actions and applications costly-While R. 1617 (allowing Court to dismiss judicial review application for undue delay) no longer exists and R. 380(b) (allowing Court to put pressure on parties to file discontinuance) not yet in effect, Court has implied jurisdiction to make own procedural system work: Margem Chartering Co. Inc. v. Bocsa (The), [1997] 2 F.C. 1001 (T.D.)-Courts have begun to dismiss actions merely for delay, calling it abuse of process-To leave action abandoned prejudicing court system and administration of justice-Application for judicial review governed by summary procedures rules requiring minimum of delay-To inordinately delay and then abandon proceeding, as here, costly abuse-Application for leave and for judicial review dismissed by reason of inordinate delay-Federal Court Rules, C.R.C., c. 663, R. 1617 (as enacted by SOR/92-43, s. 19)-Federal Court Rules, 1998, SOR/98106, R. 380(1)(b).