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The Federal Court dismissed Mr. Ahmadzai’s judicial review of a refusal under an Afghan resettlement public policy, following an earlier similar decision on judicial comity.
The court refused to restrain a bankruptcy trustee from pursuing further examinations in Australia, holding the trustee had not improperly circumvented its earlier order.
The court granted the respondents' request to seal the identified affidavits because all three Sherman Estate factors were satisfied: (1) an important public interest existed in maintaining confidentiality, notably judicial comity given existing British Columbia sealing orders; (2) sealing was necessary because redaction was not a reasonable alternative as the confidential material pervaded the affidavits and redaction would render the documents unintelligible or impractical to produce; and (3) on proportionality the benefits of preserving comity and protecting confidential commercial and set…
Source excerpt
The court refused to order a pre-trial examination of Elsa Chyrum under Rules 7-2, 7-5, or 7-8, and adjourned the application for written questions.
The British Columbia Court of Appeal granted a stay so $2 million would remain covered by an interim preservation order pending appeal in a civil forfeiture case.
The court held it had inherent jurisdiction to issue a letter of request to a Mexican court seeking recognition and enforcement of a final B.C. judgment.
The Federal Court dismissed motions for security for costs by Manitoba and municipal defendants, requiring only a satisfactory undertaking from the North Dakota plaintiffs.
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