The Federal Court granted judicial review, finding the Officer unreasonably failed to address key contradictory evidence about whether a CV had been submitted.
Health Canada’s redetermination process was procedurally fair, not tainted by bias or improper purpose, and the initiation of independent laboratory testing was within Health Canada’s discretion; the Decision reasonably concluded on the evidence that TWC failed to establish the confidential Compound is naturally present in passionflower and therefore Resolve is not a natural health product governed by the Natural Health Products Regulations, so the appeal is dismissed.
The Federal Court quashed Finance Canada’s exclusion of two Indigenous applicants from TMX economic participation talks, finding reverse-engineered criteria and procedural unfairness.
The Federal Court allowed judicial review of an H&C refusal, finding procedural unfairness when the officer questioned the authenticity of an Iraqi passport without giving a chance to respond.
The Federal Court set aside a decision denying John Mombourquette further MSO authorization for an inshore lobster licence, finding s. 15(1) Charter rights were engaged.
The Federal Court dismissed judicial review of a study permit refusal, finding the officer reasonably focused on insufficient proof of the source and sustainability of funds.
The Appeal Division reasonably applied s.58.1 and correctly concluded there was no arguable error by the General Division on facts that are factually suffused; given the high deference owed to such decisions post-Vavilov and the failure to timely raise procedural fairness before the decision-maker, the denial of leave was reasonable and the appeal must be dismissed.
The Federal Court dismissed judicial review of a RAD refugee decision, finding no procedural fairness breach and no unreasonableness in the Mumbai and Bengaluru internal flight alternative findings.
Internal flight alternative
Procedural fairness
Standard of review - reasonableness
Credibility and evidentiary sufficiency
Convention refugee and person in need of protection
Judicial review of a licence refusal was allowed by consent. The court quashed the reconsideration decision, ordered a three-year licence, and declined costs.
The Federal Court granted judicial review in part, setting aside a CRA decision denying CRB eligibility because the second review was procedurally unfair and lacked transparent reasons.