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Canada decisions
Decisions matching the current search
The Federal Court granted mandamus after a 52-month delay in processing a family permanent residence application, ordering IRCC to act within 90 days.
Federal Court applied the Ribic test to a Canada Evidence Act s. 38 application, allowing limited disclosure and confirming the remaining non-disclosure.
Judicial review of a building permit refusal for a soil-based cannabis greenhouse on ALR land. The court found the City’s interpretation of the regulation unreasonable and ordered mandamus.
The Federal Court allowed Dr. Doshi’s judicial review, finding Health Canada unreasonably imposed a confidentiality requirement for clinical trial data under Vanessa’s Law.
Mandamus was denied in a citizenship judicial review because the applicant had not shown compliance with the residency obligation or a clear right to relief.
Where the alleged misconduct concerns receipts payable to a third party (the deceased mother) and not benefits established for the appellant, the Old Age Security Act provisions relied upon (s.9(5), s.37 and regs.26-27) do not authorize suspension of an otherwise eligible pensioner’s benefits or recovery by set‑off against his lawful pension; further, the Department’s investigative process denied procedural fairness; therefore mandamus was appropriate to order immediate reinstatement and repayment with interest.
Source excerpt
The Court of Appeal held that a delayed Review Board hearing did not automatically end jurisdiction, and dismissed Joey Martin’s appeal.
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