Dahlia Shuhaibar

The applicant sought an interim order to enjoin the Minister of Public Safety and Emergency Preparedness from deporting him to Somalia pending determination of his motion for leave to appeal and, if leave is granted, his appeal of a Superior Court decision dismissing his application for judicial review.

The applicant challenged the Minister's decision to remove him despite an Interim Measures Request from the United Nations Human Rights Committee requesting that removal be placed in abeyance.

The motion judge granted the interim order, finding that the applicant met all three prongs of the RJR-MacDonald test: a serious issue to be tried, irreparable harm if deported before appeal, and a balance of convenience favouring the extension of the injunction.

The applicant sought judicial review of the Minister of Public Safety and Emergency Preparedness' decision to refuse an Interim Measures Request (IMR) from the United Nations Human Rights Committee and proceed with the applicant's removal to Somalia.

The applicant, a permanent resident with serious mental health issues and criminal convictions, had been found inadmissible to Canada and subject to a deportation order.

The court addressed justiciability and jurisdiction, finding concurrent jurisdiction between the Ontario Superior Court and Federal Court over Crown prerogative matters.

The court found the Minister's decision reasonable and not requiring reasons, as it involved an exercise of Crown prerogative regarding international treaty obligations that are not binding on Canada domestically.

This was a motion to quash a notice of appeal filed by Edgar Bray.

The underlying litigation involved a commercial lease, where default judgment was granted against Mr. Bray and Triloq Corp. The moving parties argued that no appeal lies to the Court of Appeal from a default judgment because it is not a final order under s. 6(1)(b) of the Courts of Justice Act.

The court confirmed the interlocutory nature of default judgments, noting that the proper mechanism to challenge such a judgment is a motion to set aside under Rule 19.08 of the Rules of Civil Procedure.

The motion to quash was granted, and the appellant was ordered to pay substantial indemnity costs.