Williams v. Canada ( Minister of Employment and Immigration )
IMM-5871-93
Reed J.
28/2/94
8 pp.
Application to stay removal order -- Applicant ordered deported because of convictions for drug-related offences[cad 211]Removal order confirmed by Immigration and Refugee Board Appeal Division -- Applicant's former counsel incompetent -- Application for reconsideration of decision dismissing leave application based on failure to file application record by former counsel -- Motion for reconsideration cannot be considered as respondent has not had enough time to prepare response; Court reluctant to entertain reconsideration of another judge's decision; undetermined whether any merit to proposed challenge to decision dismissing applicant's appeal -- With respect to application for stay, incompetence on part of former solicitor demonstrated, but applicant not proving serious issue exists with respect to any invalidity of removal order -- Incompetent representation by counsel alone not sufficient to justify finding existence of serious issue -- Court not having discretionary authority on that basis alone to grant stay -- General rule in courts: client considered to have authorized and be bound by representations made by counsel -- To grant stay in circumstances where only prejudice applicant can demonstrate is grounds for judicial review may exist, but not certain because former counsel did not properly prepare case, would create unworkable precedent -- Professional accreditation bodies, not courts, mandated to regulate professional performance of members -- Application to stay removal order dismissed.