Canada Case Law

JB v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

Permission to appeal was refused because the applicant failed to show an arguable case: the General Division correctly found the reconsideration decision was communicated October 2, 2024 and the appeal to the General Division was filed more than one year later, rendering the appeal statute‑barred; the new evidence was not before the General Division and did not meet exceptions for admission on appeal nor show unfairness or reviewable error.

Source excerpt

• Leave to appeal
• Time limits and limitation periods
• Jurisdiction
• Admissibility of new evidence on appeal
• Misconduct disqualification

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Mendoza c. Canada (Citoyenneté et Immigration)

Court

Federal Court

Contrôle judiciaire d’une décision de la SAR rejeté : la Cour fédérale juge raisonnable la conclusion qu’une PRI à Mérida était viable et refuse la nouvelle preuve.

• Internal flight alternative
• Standard of review – reasonableness
• Admissibility of new evidence on appeal
• Burden of proof in pri assessment
• Internal-flight-alternative
• Judicial-review

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Duska v. Canada

Court

Federal Court

The Federal Court dismissed the plaintiff’s appeal from an order striking his statement of claim without leave to amend and upheld costs against him.

• Motion to strike
• Exhaustion of administrative remedies
• Leave to amend
• Costs
• Admissibility of new evidence on appeal
• Judicial review vs action

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Garway v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court dismissed judicial review of a RAD decision refusing new evidence about a Poro Society internal flight alternative and declined to certify a question.

• Admissibility of new evidence on appeal
• Internal flight alternative (ifa)
• National documentation package (ndp)
• Standard of review
• Certification of question of general importance
• Admissibility-of-new-evidence-on-appeal

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Moyo v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court dismissed Nyasha Moyo’s judicial review of a RAD decision, holding that refusal to admit new evidence and the credibility analysis were reasonable.

• Judicial review
• Admissibility of new evidence on appeal
• Credibility findings
• Forward‑looking risk
• Subsection 110(4) irpa
• Standard of review (reasonableness)

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BB v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

Although there is an arguable legal error in the General Division's treatment of Commission‑induced error, the Applicant has no reasonable chance of success because the General Division accepted the Commission gave incorrect information yet reasonably concluded the Applicant should have clarified inconsistencies and failed to prove good cause for backdating; the bias and important factual error arguments are not arguable on the record and new evidence cannot be considered on leave.

Source excerpt

• Good cause for backdating
• Procedural fairness and bias
• Admissibility of new evidence on appeal
• Permission to appeal test

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Mwad c. Canada (Citoyenneté et Immigration)

Court

Federal Court

La Cour fédérale accueille le contrôle judiciaire, juge la décision de la SAR déraisonnable et renvoie l’affaire à un autre commissaire.

• Admissibility of new evidence on appeal
• Credibility findings
• Standard of review (reasonableness)
• Remittal for rehearing
• Admissibilite-de-nouvelle-preuve-en-appel
• Credibilite-en-droit-des-refugies

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Ogungbemi v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court dismissed judicial review of a Refugee Appeal Division decision, upholding the refusal of most new evidence and the finding that the applicant had an internal flight alternative in Nigeria.

• Internal flight alternative
• Admissibility of new evidence on appeal
• Credibility assessment
• Standard of review - reasonableness
• Duty to hold oral hearing
• Internal-flight-alternative

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AM v Canada Employment Insurance Commission

Court

Social Security Tribunal of Canada

Although the General Division misstated certain factual evidence about the claimant's intention, the Appeal Division found on the record that the claimant more likely than not directed the Service Canada agent to complete the application and thereby made the election; under s.23(1.2) and binding Federal Court of Appeal authority the election is irrevocable once the Commission pays the first parental benefit, so the claimant cannot change from extended to standard benefits; no procedural‑fairness breach or properly pleaded Charter challenge requiring intervention was established, and most new…

Source excerpt

• Parental benefit election
• Revocability of election
• Procedural fairness
• Admissibility of new evidence on appeal
• Charter challenge — s.15 disability discrimination

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Singh v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court dismissed judicial review of a RAD decision, holding the refusal to admit new evidence and to hold a hearing was reasonable in a credibility-based refugee claim.

• Credibility determinations
• Admissibility of new evidence on appeal
• Requirement for oral hearing under s 110(6) irpa
• Standard of review — reasonableness
• Rad/rpd procedure and rules
• Immigration-law

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