Fitzpatrick v Director of CBC - Ex Tempore Judgment

Interim injunctive relief; requirement for underlying cause of action under The Siskina principle; application of GCR O.29; whether removal of prohibited immigrant engages s.9 Constitution (family life) rights; relevance of ongoing family‑court proceedings to removal decision; adequacy of alternative means of participation including remote attendance; proportionality of removal; assessment of whether respondent failed to consider relevant factors; absence of serious issue to be tried; statutory framework under s.109(h) CBC Act deeming applicant a prohibited immigrant upon sentence more than12 months; applicant’s vacillation regarding consent to removal; no basis for injunction in absence of viable claim; application dismissed with no order as to costs. Immigration Law; Constitutional Law; Civil Procedure; Family Law (ancillary); Public Law