PAKEERATHAN THAMOTHARAMPILLAI Applicant v. THE MINISTER OF, 2015 FC 818

Date: 20150716 Docket: IMM-2445-14 Citation: 2015 FC 818 Ottawa, Ontario, July 16, 2015 PRESENT: The Honourable Mr.

Justice Zinn BETWEEN:PAKEERATHAN THAMOTHARAMPILLAI ApplicantandTHE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESSRespondent AMENDED JUDGMENT AND REASONS [1] This is an application for judicial review of a decision of an enforcement officer refusing to defer the removal of the applicantto Sri Lanka. [2] On April 9, 2014, the court granted the applicant a stay of the removal order made against him, then scheduled for executionon April 12, 2014, on the basis that he had raised a serious issue as to whether the removal could legally be done prior to him having afresh pre-removal risk assessment [PRRA]. [3] By letter dated June 11, 2015, the respondent advised the applicant and the court that Canada Border Services Agency hasdecided to defer removal until the applicant’s PRRA application of April 2014, has been determined.

This decision provides theapplicant with the remedy he is seeking in this application; accordingly, this application is moot as there is no live controversy betweenthe parties. The court has turned its mind as to whether, notwithstanding the mootness of the application, it ought to exercise itsdiscretion to hear the matter: Borowski v Canada (Attorney General), (SCC), [1989] 1 S.C.R. 342 and finds that thereis no compelling reason to do so.

Accordingly, this application must be dismissed. [4] The court wishes to address comments made in the applicant’s materials that were disparaging of the conduct of counsel forthe respondent. There was nothing in the record reviewed by the court that would suggest that there is any foundation to the commentsmade. They are without merit. They are hurtful to the barrister to whom they were directed, and are harmful to the legal profession aswhole. JUDGMENT THIS COURT’S JUDGMENT is that the application is dismissed as moot. "Russel W.

Zinn" Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-2445-14 STYLE OF CAUSE: PAKEERATHAN THAMOTHARAMPILLAI v THE MINISTER OF PUBLICSAFETY AND EMERGENCY PREPAREDNESS PLACE OF HEARING: Toronto, ontario

DATE OF HEARING: june 29, 2015 amended JUDGMENT AND REASONS: ZINN J. DATED: july 16, 2015 APPEARANCES : Barbara Jackman For The Applicant Bradley Bechard For The Respondent SOLICITORS OF RECORD : Jackman, Nazami & Associates Barristers & Solicitors Toronto, Ontario For The Applicant William F. Pentney Deputy Attorney General of Canada Toronto, Ontario For The Respondent