Kurniewicz v. Minister of Manpower and Immigration, (1974) 6 N.R. 225 (FCA)

JudgeJackett, C.J., Thurlow and Pratte, JJ.
CourtFederal Court of Appeal (Canada)
Case DateOctober 18, 1974
JurisdictionCanada (Federal)
Citations(1974), 6 N.R. 225 (FCA)

Kurniewicz v. MMI (1974), 6 N.R. 225 (FCA)

MLB headnote and full text

Kurniewicz v. Minister of Manpower and Immigration

Indexed As: Kurniewicz v. Minister of Manpower and Immigration

Federal Court of Appeal

Jackett, C.J., Thurlow and Pratte, JJ.

October 18, 1974.

Summary:

This headnote contains no summary.

Practice - Topic 8871

Appeals - Leave to appeal - Application for leave to appeal, contents of - Federal Court of Appeal referred to the proper form and content of an application for leave to appeal to the Federal Court of Appeal pursuant to the Federal Court Rules - See paragraph 10.

Practice - Topic 8871

Appeals - Leave to appeal - Application for leave to appeal - Special reasons for directions by the Federal Court for an oral presentation of an application for leave to appeal - The Federal Court of Appeal referred to facts which might constitute special reasons - The Federal Court of Appeal stated that an allegation of error by the Immigration Appeal Board does not of itself constitute special reasons - See paragraph 7.

Statutes Noticed:

Federal Court Rules, rule 324, rule 1107(1) [fn. 1]; rule 1301(3) [fn. 2].

Counsel:

G.G. Goldstein, for the applicant;

N.D. Mullins, Q.C., for the respondent.

This application for leave to appeal was heard by the Federal Court of Appeal at Ottawa, Ontario. The judgment of the Federal Court of Appeal was delivered on October 18, 1974.

The judgment of the Federal Court of Appeal was delivered by PRATTE, J.

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23 practice notes
  • Hébert v. Wenham, 2020 FCA 186
    • Canada
    • Court of Appeal (Canada)
    • November 3, 2020
    ...can be “in the best interests of the class”: Frame at para. 17, citing Kurniewicz v. Canada (Minister of Manpower and Immigration) (1974), 6 N.R. 225 (F.C.A.) at para. 9. This makes sense. An appeal doomed to fail only wastes resources. And in a situation like this, it can delay the impleme......
  • Coffey v. Canada (Minister of Justice), (2004) 264 F.T.R. 126 (FC)
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • December 3, 2004
    ...writing ( Gordon v. Institution , supra); and, as set out by the Court of Appeal in Kurniewicz v. Minister of Manpower and Immigration (1975), 6 N.R. 225 (F.C.A.), at 230, an oral hearing will be granted if the matter is urgent and can be disposed of more expeditiously if an oral hearing is......
  • Metodieva v. Ministre de l'Emploi et de l'Immigration, (1991) 132 N.R. 38 (FCA)
    • Canada
    • Canada (Federal) Federal Court of Appeal (Canada)
    • July 18, 1991
    ...of Employment and Immigration, [1980] 1 F.C. 64 (C.A.), refd to. [para. 6]. Kurniewicz v. Minister of Employment and Immigration (1975), 6 N.R. 225 (F.C.A.), refd to. [para. Statutes Noticed: Federal Court Act, R.S.C. 1985, c. F-7, sect. 28, sect. 31. Federal Court Rules, rule 329, rule 330......
  • Frame v. Riddle, 2018 FCA 204
    • Canada
    • Court of Appeal (Canada)
    • November 9, 2018
    ...ground upon which the proposed appeal might succeed: see, for example, Kurniewicz v. Canada (Minister of Manpower and Immigration), 6 N.R. 225 at para. 9, [1974] F.C.J. No. 922 (QL) (C.A.). [18] The respondents have filed an extensive evidentiary record supported by affidavit. They too rely......
  • Request a trial to view additional results
23 cases
  • Hébert v. Wenham, 2020 FCA 186
    • Canada
    • Court of Appeal (Canada)
    • November 3, 2020
    ...can be “in the best interests of the class”: Frame at para. 17, citing Kurniewicz v. Canada (Minister of Manpower and Immigration) (1974), 6 N.R. 225 (F.C.A.) at para. 9. This makes sense. An appeal doomed to fail only wastes resources. And in a situation like this, it can delay the impleme......
  • Coffey v. Canada (Minister of Justice), (2004) 264 F.T.R. 126 (FC)
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • December 3, 2004
    ...writing ( Gordon v. Institution , supra); and, as set out by the Court of Appeal in Kurniewicz v. Minister of Manpower and Immigration (1975), 6 N.R. 225 (F.C.A.), at 230, an oral hearing will be granted if the matter is urgent and can be disposed of more expeditiously if an oral hearing is......
  • Metodieva v. Ministre de l'Emploi et de l'Immigration, (1991) 132 N.R. 38 (FCA)
    • Canada
    • Canada (Federal) Federal Court of Appeal (Canada)
    • July 18, 1991
    ...of Employment and Immigration, [1980] 1 F.C. 64 (C.A.), refd to. [para. 6]. Kurniewicz v. Minister of Employment and Immigration (1975), 6 N.R. 225 (F.C.A.), refd to. [para. Statutes Noticed: Federal Court Act, R.S.C. 1985, c. F-7, sect. 28, sect. 31. Federal Court Rules, rule 329, rule 330......
  • Frame v. Riddle, 2018 FCA 204
    • Canada
    • Court of Appeal (Canada)
    • November 9, 2018
    ...ground upon which the proposed appeal might succeed: see, for example, Kurniewicz v. Canada (Minister of Manpower and Immigration), 6 N.R. 225 at para. 9, [1974] F.C.J. No. 922 (QL) (C.A.). [18] The respondents have filed an extensive evidentiary record supported by affidavit. They too rely......
  • Request a trial to view additional results

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