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The Federal Court granted judicial review of an H&C refusal, finding the officer failed to engage with key evidence and relied on speculative reasoning.
Leave to appeal is refused because the Applicant produced no new evidence and did not present an arguable case that the General Division erred; the General Division correctly found it lacked jurisdiction to hear GIS backpayments absent a Ministerial reconsideration decision, correctly applied the statutory rule for OAS start date, and correctly held it could not remedy a claimed Ministerial discretionary error.
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Dönme citizenship revocation judicial review where the Court rejected a new abuse-of-process argument, but found the Delegate’s reasons unreasonable and remitted the matter.
Given the legislative scheme granting wide discretion in foreign affairs and sanctions, the Minister reasonably concluded on the record that Makarov remained an associate of the Russian regime and that his distancing evidence was inadequate; the Minister's reasons and the detailed record render the decision reasonable and not subject to judicial substitution, so the appeal is dismissed.
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The appeal is allowed because, while the Minister’s substantive balancing of public health and safety against appellants’ interests and her view that clinical trials provide an available regulatory route was within scope, the Minister failed to adequately explain and justify the significant change in position from 2020 when substantially similar exemptions were granted; that lack of explanation rendered the 2022 Decisions unreasonable under Vavilov and required remittal for redetermination. The court held s.7 was not engaged and patient appellants lacked standing.
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Because the estates had not applied for the CPP death benefits and the appellant applied as next-of-kin, the Minister lacked legal authority to pay the benefits to the estates; the Minister ignored relevant factors and thus failed to exercise its discretion judicially, so the Tribunal substitutes the decision the Minister should have made and awards the death benefits to the appellant; the Tribunal lacks jurisdiction to decide the separate set-off issue regarding overpayments.
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GAC owed a public legal duty to assess expressions of interest submitted to the designated GAC mailbox prior to the Policy cap being reached; the applicant satisfied the Apotex mandamus test (demand, reasonable time, express/implied refusal through unreasonable delay, lack of adequate alternative remedy and practical effect), so mandamus was warranted to compel GAC to process the August 3, 2021 expression of interest within 30 days and, if referred, to compel IRCC to process the referral and any subsequent application within 30 days each; to render the remedy effective the Court directed that…
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The Federal Court granted judicial review of the Minister’s refusal to reissue Helshiron Fisheries’ herring weir licences, finding the decision unreasonable and remitting it.
Judicial review of a CNWA approval for Cherry Street Bridge repairs was dismissed. The Court found the Minister’s decision reasonable and admitted limited affidavit evidence.
Court found Substantial Completion Date was January 13, 2020 (town final inspection). Court accepted credible evidence that the application was mailed December 31, 2021 (accountant testimony corroborated by Canada Post receipt). Under Regulation 46(6) the due date was January 13, 2022; because the application was mailed before that date it was timely. The assessment denying the rebate was set aside and the matter remitted to the Minister for reconsideration and reassessment to grant the rebate of $16,080; no costs awarded.
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