Jaggernauth v. Canada ( Minister of Citizenship and Immigration )
IMM-2260-97
Campbell J.
19/12/97
4 pp.
Originating notice of motion challenging humanitarian, compassionate decision refusing applicant's grounds for allowing her to stay in country-Meaning to be placed on Federal Court Act, s. 18.2 which provides very broad discretion-Whether connection between originating notice of motion and application for stay of deportation order-Application of discretion under s. 18.2 depending on legal, factual merits of each individual case-Proper case made out to stay deportation order-No division between application for leave, deportation order-Tripartite test for stay to be entered met-Order granting stay of removal order pending decision on leave-Federal Court Act, R.S.C., 1985, c. F-7, s. 18.2 (as enacted by S.C. 1990, c. 8, s. 5).