Federal Court Cour fédérale Date: 20101231 Docket: IMM-7710-10 Citation: 2010 FC 1341 Ottawa, Ontario, December 31, 2010 PRESENT: The Honourable Madam Justice Tremblay-Lamer BETWEEN: DANIEL CASTORENA GARCIA Applicant and THE MINISTER OF PUBLIC SAFETY ANDEMERGENCY PREPAREDNESS Respondent REASONS FOR ORDER AND ORDER [1] First, regardless of the merits of the applicant’s motion, the Court is not inclined to exercise its discretion favourably in orderto grant this equitable remedy for someone who does not come with clean hands. [2] The applicant failed to appear for removal in April 2010; and despite being given the benefit of the doubt for this failure toappear and being advised of the importance of respecting the conditions of his release, he failed to report his change of address when hemoved out in October 2010 and failed to appear in November 2010, which lead to a warrant for his arrest. [3] The applicant’s behaviour shows complete disregard for Canada’s immigration laws.

Further, I would add that had I decidedthis matter on its merits, I would have found that the applicant has failed to demonstrate any irreparable harm. His own evidence showsthat even if he stays in Canada to complete his school year, he may have to repeat his school year in Mexico, regardless. [4] As stated by Justice Marc Nadon in Mahadeo v. Canada (Minister of Citizenship and Immigration, (1999), (FC), 166 F.T.R. 315, 86 A.C.W.S. (3d) 773 (Fed.

T.D.) at para. 5: Leaving school before the completion of the school year will no doubt be highly inconvenient and will most likely necessitate theredoing of their school year. However, this does not constitute irreparable harm.

[ 5 ] For these reasons, the motion for a stay is dismissed. ORDER THIS COURT ORDERS that the motion be dismissed. “Danièle Tremblay-Lamer” Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-7710-10 STYLE OF CAUSE: DANIEL CASTORENAGARCIA Applicant and THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: December 31, 2010 REASONS FOR ORDER: TREMBLAY-LAMER J. DATED: December 31, 2010

APPEARANCES : Daniel Kingwell FOR THE APPLICANT Suran Bhattacharyya FOR THE RESPONDENT SOLICITORS OF RECORD : Mamann, Sandaluk Toronto, Ontario FOR THE APPLICANT Attorney General of Canada Toronto, Ontario FOR THE RESPONDENT