Sciascia v. Canada ( Minister of Citizenship and Immigration )
IMM-61-96
Rothstein J.
25/2/97
3 pp.
Respondent seeking to strike certain grounds in motion for judicial review-Applicant requesting adjournment to hearing of judicial review-In judicial review applications parties should proceed to merits in accordance with timetable set out in Rules, or by Court and should not bring interlocutory applications to strike all or part of judicial review applications: David Bull Laboratories (Canada) Inc. v. Pharmacia Inc., [1995] 1 F.C. 588 (T.D.)-Exception motions so clearly improper as to be bereft of any possibility of success-Debatable issue herein as to adequacy of allegations in judicial review application-Restrictive standard to invoke exception in Pharmacia not met-Respondent's motion adjourned to hearing of judicial review application when, if convenient, may be heard as preliminary application-Federal Court Rules, C.R.C., R. 1602(4) (as am. by SOR/92-43, s. 19).