2019 FC, 2019 FC 1094

Date: 20190822 Docket: IMM-1757-18 Citation: 2019 FC 1094 Ottawa, Ontario, August 22, 2019 PRESENT: The Honourable Mr. Justice Norris BETWEEN: BRADLEY SHAKA Applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent ORDER AND REASONS [ 1 ] In a Judgment and Reasons dated June 11, 2019, the Court dismissed the applicant’s application for mandamus and related declaratory relief ( Shaka v Canada (Citizenship and Immigration) , 2019 FC 798 [ Shaka ]). The Court also declined to certify any questions of general importance under paragraph 74 (

d) of the Immigration and Refugee Protection Act , SC 2001, c 27 (see Shaka at paras 81-84 ). [ 2 ] By Notice of Motion dated June 21, 2019, the applicant moves in writing under Rule 397 of the Federal Courts Rules , SOR/98-106 , for reconsideration of the refusal to certify the question he had proposed. The respondent opposes the motion. [ 3 ] Rule 397(1)(

b) provides that a party may request that the Court reconsider the terms of an order it has made on the grounds that " “a matter that should have been dealt with has been overlooked or accidentally omitted.” " [ 4 ] The law is very clear that the purpose of a motion under Rule 397(1)(

b) is to permit a party to raise with the Court the question of whether it had failed (inadvertently or accidentally) to deal with something that was put to it: see Taker v Canada (Attorney General) , 2012 FCA 83 at paras 3-4 [ Taker ] and Yeager v Day , 2013 FCA 258 at para 9 . It cannot be used to reverse what has already been ordered ( Taker at para 4 ). [ 5 ] The law is equally clear that Rule 397(1)(

b) is not meant to provide a losing party with an opportunity to re-argue its case: see Bell Helicopter Textron Canada Limitée v Eurocopter , 2013 FCA 261 at para 15 and Georgoulas v Canada (Attorney General) , 2016 FCA 245 at para 8 . However, in twelve pages of written submissions (and six pages of reply submissions) that is exactly what the applicant has attempted to do. [ 6 ] The motion is dismissed. ORDER IN IMM-1757-18 THIS COURT ORDERS that 1 .

The motion for reconsideration is dismissed. “John Norris” Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-1757-18 STYLE OF CAUSE: BRADLEY SHAKA v THE MINISTER OF CITIZENSHIP AND IMMIGRATION MOTION IN WRITING CONSIDERED AT OTTAWA, ONTARIO PURSUANT TO RULE 369 OF THE FEDERAL COURTS RULES ORDER AND REASONS: NORRIS J.

DATED: August 22, 2019 WRITTEN REPRESENTATIONS BY : Raoul Boulakia For The Applicant Nadine Silverman For The Respondent SOLICITORS OF RECORD : Raoul Boulakia Barrister and Solicitor Toronto, Ontario For The Applicant Attorney General of Canada Toronto, Ontario For The Respondent