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The Federal Court granted judicial review of an immigration detention release order and partly of a production order, returning both matters to the Immigration Division.
The court upheld corrected BMO ITOs in a Garofoli review, but reserved the sufficiency of the Public Storage ITO pending a privacy issue.
The court granted the non-party production order because the applicant (and supporting party) proved the requested corporate, tax, financial and banking records are trial-relevant to valuation, property division, conversion claims and spousal support income assessment; the Laushway factors (connection, proximity, discoverability, reliability, proportionality, lack of reasonable alternatives and privacy safeguards) weigh in favour of disclosure and 3021386 is not a true stranger given the respondent's 50% ownership.
Source excerpt
Solicitor-client costs are not warranted; the tariffs alone undercompensate the successful party given complexity and volume of proceedings, but claimed fees contain duplication and lack sufficient detail; applying principles and an updated rule of thumb ($25,000 per day) and adjusting for duplication and partial successes, respondent recovers 55% of her claimed legal fees, resulting in an award of $87,208 to be paid by the applicant to the respondent.
Source excerpt
The court refused standing on the Grayson Owen statement, but held Howjeen Saed had standing to challenge the April 2021 production order. Bardales Medina and Hemen failed on Site 44D.
The court dismissed a defence application to admit tracking-data excerpts on a Garofoli review, finding they were not relevant to what the affiant knew or ought to have known.
The court held that SPLA meeting minutes containing lawyer-client communications were privileged, no waiver was shown, and the unredacted minutes were inadmissible.
The court held that three accused had standing to challenge Homer Street search authorizations, but Vinod Kanna Aruldevarajan did not establish a privacy interest.
The Federal Court partly allowed disclosure motions under Canada Evidence Act s. 37, authorizing limited release from two CTRs but prohibiting the substantive redactions.
The court granted leave to cross-examine two affiants in a Charter s. 8 challenge, limited to surveillance-based opinions, inferences, and one identity issue.
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