Mohan et al. v. Canada (Minister of Citizenship and Immigration), (1999) 100 O.T.C. 305 (SC)

JudgeSanderson, J.
CourtSuperior Court of Justice of Ontario (Canada)
Case DateMay 10, 1999
JurisdictionOntario
Citations(1999), 100 O.T.C. 305 (SC)

Mohan v. Can. (M.C.I.) (1999), 100 O.T.C. 305 (SC)

MLB headnote and full text

Temp. Cite: [1999] O.T.C. TBEd. MY.142

Neomi-Katlyn Mohan and Shayma Renata through their Litigation Guardian, Marie Dhunoo and Marie Dhunoo (applicants) v. The Minister of Citizenship and Immigration (respondent)

(File No. 99-CV-166249)

Indexed As: Mohan et al. v. Canada (Minister of Citizenship and Immigration)

Court of Ontario

Superior Court of Justice

Sanderson, J.

May 10, 1999.

Summary:

Dhunoo came to Canada in 1987 as a visitor and did not leave. In 1991 the Minister of Citizenship and Immigration issued a deportation order. Dhunoo was unsuccessful in her challenges to the deportation proceedings. At no time, however, did she commence proceedings in Federal Court. She was married to a Canadian citizen and had two Canadian born children. Her husband had applied to sponsor her as an immigrant. She was convicted on fraud charges in 1994. In 1999 she was told to report to an airport for deportation to Mauritius. She claimed that since her husband was a truck driver who was away most of the time, she would have to take the children with her. The children would therefore be forced from their country of citizenship into a country in which Dhunoo would have no means of support. Dhunoo applied for an injunction to enjoin the Minister from deporting her and the children.

The Ontario Superior Court declined to take jurisdiction, rather this was a matter for the Federal Court.

Courts - Topic 4044

Federal Court of Canada - Jurisdiction - Trial Division - Immigration - See paragraphs 1 to 30.

Courts - Topic 4209

Federal Court of Canada - Jurisdiction - Particular matters - Deportation - See paragraphs 1 to 30.

Courts - Topic 5609

Provincial courts - General - Concurrent and conflicting jurisdiction - Assumption of jurisdiction - Refusal of - See paragraphs 1 to 30.

Courts - Topic 7402

Provincial courts - Ontario - General Division - Jurisdiction - General - See paragraphs 1 to 30.

Cases Noticed:

Baker v. Canada (Minister of Citizenship and Immigration) (1999), 243 N.R. 22 (S.C.C.), refd to. [para. 12].

Beson et al. v. Director of Child Welfare et al., [1982] 2 S.C.R. 716; 44 N.R. 602; 39 Nfld. & P.E.I.R. 246; 111 A.P.R. 246; 142 D.L.R.(3d) 20, refd to. [para. 13].

Francis v. Canada (Minister of Citizenship and Immigration) et al. (1998), 62 O.T.C. 303 (Gen. Div.), refd to. [para. 16].

Reza v. Minister of Employment and Immigration, [1994] 2 S.C.R. 394; 167 N.R. 282; 72 O.A.C. 348; 21 C.R.R.(2d) 236; 24 Imm. L.R.(2d) 117; 116 D.L.R.(4th) 61, refd to. [para. 17].

Baroud v. Canada (Minister of Citizenship and Immigration) et al. (1995), 77 O.A.C. 26; 22 O.R.(3d) 255 (C.A.), refd to. [para. 17].

Peiroo v. Minister of Employment and Immigration (1989), 34 O.A.C. 43; 69 O.R.(2d) 253 (C.A.), refd to. [para. 17].

Shepherd v. Minister of Employment and Immigration (1989), 70 O.R.(2d) 765 (H.C.), refd to. [para. 17].

John et al. v. Canada (Minister of Citizenship and Immigration) (1998), 67 O.T.C. 219 (Gen. Div.), refd to. [para. 17].

Bal v. Minister of Employment and Immigration, [1993] 2 F.C. 199; 63 F.T.R. 226 (T.D.), refd to. [para. 28].

Pagal v. Canada (Minister of Citizenship and Immigration) (1994), 82 F.T.R. 106 (T.D.), refd to. [para. 28].

Statutes Noticed:

International Convention of the Rights of the Child, article 9.1 [para. 14]; article 12.2 [para. 15].

Counsel:

Deepak B. Paradkar, for the applicants;

David Tyndale, for the respondent.

This application was heard before Sanderson, J., of the Ontario Superior Court, who released the following judgment on May 10, 1999.

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3 practice notes
  • Wozniak v. Brunton et al., [2003] O.T.C. 386 (SC)
    • Canada
    • Ontario Superior Court of Justice of Ontario (Canada)
    • May 5, 2003
    ...L.R.(3d) 141 ; 2000 CarswellNat 1328 (T.D.), refd to. [para. 31]. Mohan et al. v. Canada (Minister of Citizenship and Immigration) (1999), 100 O.T.C. 305; 1 Imm. L.R.(3d) 98 ; 1999 CarswellOnt 1339 (Sup. Ct. Master), dist. [para. 39]. Henry v. Canada (Minister of Citizenship and Immigr......
  • El-Kazely et al. v. Canada (Minister of Citizenship and Immigration) et al., [2003] O.T.C. 88 (SC)
    • Canada
    • Ontario Superior Court of Justice of Ontario (Canada)
    • December 19, 2002
    ...Immigration), [1998] F.T.R. Uned. 730 (T.D.), refd to. [para. 8]. Mohan et al. v. Canada (Minister of Citizenship and Immigration) (1999), 100 O.T.C. 305 (Sup. Ct.), refd to. [para. Antonio v. Canada (Minister of Citizenship and Immigration), [1999] O.T.C. 20 (Sup. Ct.), refd to. [para. 8].......
  • Jahanpey v. Canada (Minister of Citizenship and Immigration) et al., [2003] O.T.C. 89 (SC)
    • Canada
    • Ontario Superior Court of Justice of Ontario (Canada)
    • December 19, 2002
    ...Immigration), [1998] F.T.R. Uned. 730 (T.D.), refd to. [para. 8]. Mohan et al. v. Canada (Minister of Citizenship and Immigration) (1999), 100 O.T.C. 305 (Sup. Ct.), refd to. [para. Antonio v. Canada (Minister of Citizenship and Immigration), [1999] O.T.C. 20 (Sup. Ct.), refd to. [para. 8].......
3 cases
  • Wozniak v. Brunton et al., [2003] O.T.C. 386 (SC)
    • Canada
    • Ontario Superior Court of Justice of Ontario (Canada)
    • May 5, 2003
    ...L.R.(3d) 141 ; 2000 CarswellNat 1328 (T.D.), refd to. [para. 31]. Mohan et al. v. Canada (Minister of Citizenship and Immigration) (1999), 100 O.T.C. 305; 1 Imm. L.R.(3d) 98 ; 1999 CarswellOnt 1339 (Sup. Ct. Master), dist. [para. 39]. Henry v. Canada (Minister of Citizenship and Immigr......
  • El-Kazely et al. v. Canada (Minister of Citizenship and Immigration) et al., [2003] O.T.C. 88 (SC)
    • Canada
    • Ontario Superior Court of Justice of Ontario (Canada)
    • December 19, 2002
    ...Immigration), [1998] F.T.R. Uned. 730 (T.D.), refd to. [para. 8]. Mohan et al. v. Canada (Minister of Citizenship and Immigration) (1999), 100 O.T.C. 305 (Sup. Ct.), refd to. [para. Antonio v. Canada (Minister of Citizenship and Immigration), [1999] O.T.C. 20 (Sup. Ct.), refd to. [para. 8].......
  • Jahanpey v. Canada (Minister of Citizenship and Immigration) et al., [2003] O.T.C. 89 (SC)
    • Canada
    • Ontario Superior Court of Justice of Ontario (Canada)
    • December 19, 2002
    ...Immigration), [1998] F.T.R. Uned. 730 (T.D.), refd to. [para. 8]. Mohan et al. v. Canada (Minister of Citizenship and Immigration) (1999), 100 O.T.C. 305 (Sup. Ct.), refd to. [para. Antonio v. Canada (Minister of Citizenship and Immigration), [1999] O.T.C. 20 (Sup. Ct.), refd to. [para. 8].......

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