The Tax Court struck Gordon Denning’s fresh amended notice of appeal for failing to disclose reasonable grounds, but allowed a final further amendment under tight limits.
Judge divided the interlocutory applications into two groups (support/disclosure and parenting/conduct). Mother was substantially successful on support and disclosure and is awarded costs in any event of the cause to be paid at the conclusion of the family case, assessed on more than ordinary difficulty for 1.5 days; father was successful on key elements of the parenting/conduct applications but under Rule 16‑1(9) remains entitled to those application costs only in the cause (i.e. at trial if awarded), assessed on ordinary difficulty for 2 days; additionally mother is awarded $500 for the pas…
The Federal Court dismissed a judicial review of a CBSA grievance decision, finding the decision reasonably addressed bias, fairness, and disclosure concerns.
Procedural fairness
Reasonable apprehension of bias
Conflict of interest
Disclosure obligations in administrative investigations
The Federal Court dismissed Antonio Utano’s judicial review of a CBSA grievance decision, finding the process reasonably addressed bias, fairness, and disclosure concerns.
The respondent is not entitled to double costs because the Offer lacked the mandatory R.11-1(1)(c)(iii) wording and was sent to an unrepresented party and treated as withdrawn, preventing reliance on R.11-1; the claimant's delayed financial disclosure, without more, does not meet the high threshold for special/elevated costs; awarding a $1,000 fine for non-disclosure and Appendix B costs for the Application is proportionate and avoids double punishment.
The Court held that a party seeking a Rule 317 search and production order must show an air of reality to allegations of maladministration and that any order must be proportionate; on the evidence before it the Fund established that the Minister had not fully complied with the June 10, 2025 Order, and the appropriate remedy was not to allow the appeal but to order further searches, a supplemental affidavit detailing the nature and scope of searches and who conducted them, and to allow limited cross‑examination, with short timelines and costs in the cause; the appeal remains for the merits pan…
Crown appeal from a s. 11(b) stay allowed. The Court held an additional 93 days should be deducted for the Haevischer-related exceptional circumstance, keeping delay under Jordan.
Section 10 of the Citizenship Act, properly construed, requires the Minister to consider written representations about personal circumstances in every case in which they are made and does not violate paragraph 2(e) of the Canadian Bill of Rights; the revocation process does not engage section 7 because the necessary causal connection to life, liberty or security of the person was not established, and the Minister's decision to revoke was reasonable on the record.
Arkell v. British Columbia (Civil Resolution Tribunal)
Court
British Columbia Court of Appeal
The application to extend time was dismissed because the proposed appeal had no prospect of success: the chambers judge granted the appellant the relief sought (remittal and costs) and the conflict allegations were not properly raised at first instance so remittal affords the appellant the opportunity to raise them; it is not in the interests of justice to permit an appeal that is doomed to fail.
On the interim application the court imputed $30,000 of additional employment income to Ms. Edwards effective June 1, 2025, otherwise accepted her declared guideline income for the purposes of the application; declines to impute further income based on alleged access to Merom sale proceeds or parental advances on the present record; adjourns determination of retroactive spousal support from Jan 1, 2022 to trial for full evidentiary record; awards interim spousal support effective July 1, 2025; grants divorce; parties bear their own costs.