Canada Case Law

MB9-24109

Court

Refugee Appeal Division

The appeal is dismissed because the Appellant failed to establish an objective basis on a balance of probabilities that her mother was killed by the Ifa and, independently, the RPD correctly found that viable and reasonable internal flight alternatives exist in Port Harcourt or Benin City such that there is no serious possibility of persecution or need for protection there.

Source excerpt

• Objective basis for fear
• Internal flight alternative (ifa)
• New evidence admissibility
• Natural justice (notice)
• Gender-related claims
• Credibility assessment

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Cortés v. Yorkton Securities Inc.

Court

Supreme Court of British Columbia

The court refused to enforce an Ecuadorian judgment in British Columbia, finding Yorkton Securities had not received notice that met Canadian standards of natural justice.

• Service of process
• Substitutional service
• Curator appointment
• Res judicata
• Issue estoppel
• Abuse of process

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Canadian Transport Commission v. Worldways Airlines Ltd.

Court

Supreme Court of Canada

The Supreme Court upheld the Transport Commission’s licence amendments, holding that “public convenience and necessity” was an administrative opinion and notice was adequate.

• Public convenience and necessity
• Natural justice (notice)
• Licence amendment
• Standard of review
• Delegation of administrative discretion
• Administrative-law

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