GYORGY FULOP ZSUZSANNA FULOPNE CZIBOR Applicants v. THE MINISTER OF CITIZENSHIP, 2021 FC 777

Date: 20210721 Docket: IMM-4723-21 Citation: 2021 FC 777 Ottawa, Ontario, July 21, 2021 PRESENT: The Honourable Mr.

Justice Shore BETWEEN:GYORGY FULOP ZSUZSANNA FULOPNE CZIBORApplicantsandTHE MINISTER OF CITIZENSHIP AND IMMIGRATIONRespondent ORDER AND REASONS [1] Consideration has been given to the entire background of this motion for a stay of removal, scheduled for the end of this week. [2] Further to analysis, the Court is in agreement with the counsel of the Applicants’ arguments as per the significant health reasons ofsevere disability, as outlined in a specific, detailed medical health report, due to a work accident in Canada on an oil stack in Alberta; thataccident and subsequent surgeries for that accident have disabled the principal Applicant permanently, to a most significant degree; andhas put the principal Applicant’s family’s (including minor children) livelihood at grave risk. [3] It is duly noted that this serious accident occurred in Canada in a work-related accident.

The situation arose due to an inflicted gravework accident, permanently, seriously disabling the principal Applicant. The principal Applicant’s work was for an Alberta companythat helps supply Canadian needs. [4] The Applicants have satisfied all three conjunctive criteria of the Toth test (Toth v Canada (Minister of Employment andImmigration), (FCA), [1988] FCJ No 587 (FCA)). [5] This Court orders that the motion for a stay of removal be granted until final determination of the Applicants’ presently pendingjudicial review.

ORDER in IMM-4723-21 THIS COURT ORDERS that the motion for a stay of removal be granted until final determination of the Applicants’ presentlypending judicial review. "Michel M.J. Shore" Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-4723-21 STYLE OF CAUSE: GYORGY FULOP AND ZSUZSANNA FULOPNE CZIBOR v THE MINISTER OFCITIZENSHIP AND IMMIGRATION PLACE OF HEARING: HELD BY TELECONFERENCEDATE OF HEARING: JULY 21, 2021 ORDER AND REASONS: SHORE J.

DATED: JULY 21, 2021 APPEARANCES : Richard Wodnicki For The Applicants David Shiroky For The respondent SOLICITORS OF RECORD : Richard B. Wodnicki Lawyer Montréal, Quebec For The Applicants Attorney General of Canada Calgary, Alberta For The respondent