DATE: 20061006

DOCKET: C43879, C43880

COURT OF APPEAL FOR ONTARIO

RE:

THE MINISTER OF JUSTICE, ATTORNEY GENERAL OF CANADA and THE REPUBLIC OF HUNGARY (Respondents) v. ISTVAN SZALAY and ISTVANNE SZALAY (Applicants)

BEFORE:

DOHERTY, SIMMONS and ROULEAU JJ.A.

COUNSEL:

Anthony Moustacalis

for the applicants

Robin Parker

for the respondents Minister of Justice and Republic of Hungary

HEARD & RELEASED ORALLY:

September 28, 2006

On application for judicial review of the decision of the Minister dated July 5, 2005 to order the applicants’ surrender to the Republic of Hungary.

E N D O R S E M E N T

[1] The applicants have not surrendered into custody as required by the terms of their bail orders. Counsel for the applicants spoke with his clients yesterday and they told him that they were on their way to surrender into custody. No one connected with the appeal has had any contact with the applicants since then.

[2] When the matter came on for hearing this morning, the court held the matter down so that counsel and the court staff could make further attempts to locate the appellants. Those inquiries demonstrated that the appellants had certainly not surrendered to the jail identified in their bail orders. Inquiries at other jails also failed to locate the applicants. Counsel also took the opportunity to speak to his instructing solicitor. The solicitor made attempts to contact the applicants and other family members but to no avail.

[3] After hearing submissions, the court indicated that it was inclined to follow the usual course when applicants fail to surrender as required by their bail and dismiss the application. However the court adjourned the appeal until 2:30 in the afternoon to allow counsel to make further inquires.

[4] When court reconvened we were advised by counsel that further inquiries had proved fruitless and that although the surety had been contacted, she had no idea where the applicants could be located. It is clear to us that the applicants have absconded.

[5] The application for judicial review will be dismissed as abandoned.

[6] As the bail terms have expired, a warrant may issue from this court for the arrest of the appellants, if necessary.

“Doherty J.A.”

“Janet Simmons J.A.”

“Paul Rouleau J.A.”