Esheria Canada Case Law
Sign in
Canada Source-linked decisions Coverage checked

Canada Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
1 court collection
Last checked

Search and filter Canada case law

Results update automatically as you type.

Canada decisions

Decisions matching the current search

Clear filters
Immigration law MC0-02954

MC0-02954

Court
Refugee Appeal Division

The RAD confirmed the RPD because the appellant failed to adduce new evidence under s.110(4) IRPA and failed to rebut the RPD's credibility findings: multiple, significant contradictions, omissions and inconsistencies in core aspects of her claim undermined her trustworthiness; the RPD applied the presumption of truthfulness and Guideline 4 appropriately; therefore the RPD's negative credibility finding and refusal of protection were justified and must be affirmed.

Source excerpt

  • Credibility assessment
  • Admission of new evidence (s.110(4) irpa)
  • Presumption of truthfulness (maldonado)
  • Guideline 4 (women refugee claimants)
  • Internal flight alternative
  • State protection
Read case analysis
Refugee law MB9-09159

MB9-09159

Court
Refugee Appeal Division

The RAD allowed the appeal because the RPD erred in its credibility analysis by failing to apply the Maldonado presumption of truthfulness and by making implausibility findings and negative inferences without adequate evidentiary support; although some RPD remarks were harsh, there was no disqualifying bias; outstanding issues of state protection, relocation and prospective risk require referral to a differently constituted RPD panel for further analysis.

Source excerpt

  • Credibility assessment
  • Procedural fairness and bias
  • Presumption of truthfulness (maldonado)
  • State protection
  • Referral to lower tribunal
Read case analysis

About this LexChat collection

Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.