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The Federal Court granted judicial review of a refusal to reconsider an immigration decision, finding the officer failed to address a central procedural fairness argument.
The court dismissed the action after denying leave under s. 151 WESA, found issue estoppel barred further pursuit of the estate claims, and refused reopening and disclosure.
The court allowed deductions for Part 7 benefits from future care and special damages, and refused to reopen a separate housekeeping-capacity claim.
The reopening is dismissed because the record shows former counsel addressed new evidence and filed the required statement; there is insufficient evidence that a principle of natural justice was breached, therefore the RAD will not reopen under Sub‑Rule 49(6).
Source excerpt
An assigned judge refused to reopen family-law financial orders made by the trial judge, finding no basis to intervene and no likely change in result.
The court reopened its unentered judgment to clarify remittal instructions, confirming WCAT need not consider s. 5(5) of the Workers Compensation Act.
The application to reopen was denied because the applicant failed to establish a failure to observe a principle of natural justice under RPD Rule 62(6); he failed to provide timely notice of changes of address, the only change form submitted post-dated the abandonment and was on CBSA letterhead, and his actions did not demonstrate a continuing intention sufficient to prevent abandonment.
Source excerpt
The application to reopen was dismissed because the applicant failed to discharge the burden of proving a breach of natural justice: the record showed counsel was available, the applicant provided inconsistent and unsupported explanations (including a photocopied signature predating the request for a completed BOC form), and no corroborating evidence was filed to substantiate presence at the hearing, therefore the original abandonment decision stands.
Source excerpt
The application to reopen is dismissed because there was no failure to observe a principle of natural justice: accredited interpreters were provided and the record shows the applicant indicated understanding; she received and signed written notice of BOC deadlines; and the psychological assessment did not establish that the applicant lacked the capacity to appreciate the nature of the proceedings at the initiation of her claim, so no procedural deficiency affected fairness.
Source excerpt
The Federal Court dismissed judicial review of the refusal to reopen a refugee claim, finding no breach of natural justice and no reviewable error in the RPD’s reasoning.
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