In an update to an earlier SPN article, (Courts rule against Tim Durkin’s request to have a deportation hearing overturned), the judge has ruled that there will be no opportunity to appeal the February 12  2019 decision. What this means is that Tim Durkin, the manager of the Sooke Harbour House, will be facing deportation.

In the Feb 12 ruling, in a judgment issued by Judge R. L. Barnes, the federal court mostly dismissed Durkin’s request to have the CBSA’s application to deport him overturned. His appeal for dismissal was based on humanitarian grounds and that he had no prior criminal record. A small window to appeal the decision was permitted in the Feb 12 ruling, in that the judge allowed for the submission of a certified questions.

A “certified question,” a very specific question that, when answered, can add clarity to a currently vague interpretation of an aspect of immigration law. If accepted, an appeal would have been allowed. If denied, the court’s ruling is final. Two questions were submitted for consideration for certification, each having to do with procedural fairness and the disclosure of information and evidence.

On March 1, 2019, the court ruled that “no questions will be certified in this proceeding.” Next up is the actual deportation hearing, first initiated in 2017.

This deportation is a result of criminal charges laid against Durkin in the United States in 2013, for a ponzi scheme that took about $4.9 million USD from people for a purported investment in a high speed computerized arbitrage trading system. Three of the four men charged in this fraud served time in prison. Durkins was indicted in July 2013 but fled the US before being charged, as he  had “absconded,” “fled the country“.

The securities fraud was committed between October 2009 and May 2013, in the State of Alabama.

While Durkin did not attend the February 12 2019 hearing requesting that the deportation be dismissed, he is expected to attend the deportation hearing when that is scheduled.

Tim Durkin is a British citizen.

Resources

• In June 2013, the FBI issue a release saying that four were charged in a multi-million-dollar ponzi scheme, including T. Durkin.
• Ponzi schemers sentenced to 5 years each over fake stock-market computer program that lost investors millions – published on May 29, 2014 at 4:19 PM
• Man fighting for ownership of renowned Sooke Harbour House hotel accused in U.S. Ponzi scheme Posted on CBC by Jason Proctor: Nov 02, 2018 6:00 AM PT
• Canada Border Services claims manager of Sooke Harbour House is wanted for fraud – SPN, November 2, 2018
• Courts rule against Tim Durkin’s request to have a deportation hearing overturned – SPN, February 25, 2019
• The Federal Court number is IMM-3404-18