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The Court of Appeal allowed the appeal and set aside a s. 58 WESA order, holding the deceased’s texts and email did not show a fixed and final testamentary intention.
Federal Court allowed judicial review of a refugee visa refusal, finding procedural unfairness from undisclosed extrinsic evidence and inadequate reasons on credibility.
Federal Court upheld the H&C refusal as reasonable, but sent back the unanswered TRP request for reconsideration by a different officer.
La Cour fédérale rejette le contrôle judiciaire d’un refus de permis de travail et de visas de visiteuses, jugeant raisonnable l’analyse des ressources financières et l’irrecevabilité de la preuve nouvelle.
The Court held the Board erred by expanding the statutory meaning of "complaint" to include supplementary documents and extrinsic evidence; timeliness under s.29(2) must be judged on the allegations in the formal complaint form, the January 25, 2019 meeting was not alleged to be discriminatory in the complaint, the Board therefore lacked jurisdiction and the complaint was out of time, so the appeal was allowed and the complaint dismissed.
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The Federal Court granted judicial review, finding that an immigration officer relied on undisclosed internet research when refusing a self-employed permanent residence application.
The court held that non-public CRA and Department of Finance materials can be relevant extrinsic aids where they possess sufficient institutional quality; applied Ahamed and related authorities; ordered disclosure of specific unredacted memoranda found to be relevant (tabs 24 and 25) and other extrinsic materials from Jan 1, 1996 with institutional quality concerning the meaning of "Canadian Resource Property" in subsection 66(15), while refusing disclosure of documents in tabs 1–23 for lack of relevance or institutional quality.
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The Federal Court dismissed Mr. Fang’s judicial review of an H&C refusal, finding no unfairness in the Officer’s use of public background materials and no unreasonable treatment of geriatric care evidence.
The Court of Appeal held that the application judge correctly applied established rectification principles (Robinson) and properly admitted and weighed extrinsic evidence (testator's handwritten notes and drafter's notes and admission) to conclude the will did not reflect the testator's instructions; Fairmont Hotels did not change the applicable test for unilateral wills and did not require a different outcome; accordingly the rectification order was upheld and the appeal dismissed.
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The court dismissed a rectification petition over a codicil, finding it deliberately amended the 2012 will. It declared the 2013 will revoked and the 2012 will revived and amended.
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