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The Federal Court dismissed judicial review of a refusal based on a durable-solution finding in South Africa, holding the officer’s decision was reasonable and Haile was distinguishable.
The court refused to restrain a bankruptcy trustee from pursuing further examinations in Australia, holding the trustee had not improperly circumvented its earlier order.
Judicial review of a Refugee Appeal Division dismissal was rejected. The Court found the RAD’s credibility analysis, corroboration concerns, and gender-risk assessment reasonable.
Permanent sealing was required because prior final sealing orders from British Columbia and appellate review in Nova Scotia created a serious risk to the important public interest of judicial comity if this Court file remained open; no reasonable less intrusive alternatives would address that risk because the refiled materials are intertwined and pervasive; and sealing is proportionate given the proceeding's enforcement stage where the underlying disputes are finally resolved.
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The Court of Appeal dismissed an appeal from a Hague Convention return order, upholding findings that the child was habitually resident in British Columbia and refusing fresh evidence.
The court held it had jurisdiction to declare a mistrial after a jury verdict where trial fairness was at issue, and granted a mistrial based on an undisclosed relationship.
The appellant lacked donative intent because he participated in an interconnected GLGI arrangement anticipating tax benefits that exceeded his cash outlay; accordingly the cash payments were not gifts and the donation tax credits were properly disallowed, and this result is supported and bound by prior GLGI decisions (notably Mariano).
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The court dismissed a s. 490(3) application for one USB stick data item, holding it had to proceed under s. 490(2), but granted detention of the remaining seized things.
The court dismissed an application to add child and spousal support claims and consolidate Provincial Court proceedings, but allowed limited counterclaim amendments on property-related issues.
Federal Court dismissed judicial review of a RAD decision, holding the RPD/RAD addressed a different exclusion issue than the ID/IAD and applied the correct Article 1F(b) standard.
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