Tunda v. Canada ( Minister of Citizenship and Immigration )
IMM-980-97
Teitelbaum J.
31/5/99
5 pp.
On July 29, 1998, Judicial Administrator of Federal Court set hearing of application for judicial review at November 9, 1998-Counsel for plaintiff had over four months to prepare for hearing-Two days before hearing he submitted application for subpoena directing Chief Justice of Canada to appear in Federal Court in Montréal as witness on December 9, 1998-Morneau P. dismissed application with costs which he set at $350 and required payment without delay pursuant to r. 404-Plaintiff appealed this decision-Prothonotary made no error in law in refusing to issue subpoena-He was persuaded application was pointless-Counsel for plaintiff knew or should have known evidence in refugee matter is by affidavit-There was nothing to show he made efforts between July and December 1998 to obtain affidavit containing evidence he wished to submit to Court-He admitted he had made no efforts to this effect-Waiting to "last minute" abuse of judicial process-No reason to alter prothonotary's decision-Appeal dismissed-Federal Court Rules, 1998, SOR/98-106, r. 404.