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The Federal Court struck Mr. Choi’s judicial review application for failure to exhaust the RCMP Act review process and awarded $500 in costs.
The court dismissed a legal bill review for want of prosecution after finding a nine-year delay was inordinate and inexcusable, and that the interests of justice favoured dismissal.
The application to appeal was filed after the 30-day deadline and the claimant failed to provide a reasonable explanation for the delay; alternatively, even if time were extended, the appeal lacks a reasonable chance of success because the General Division properly considered and weighed the claimant's medical evidence, applied the s10(5) EI Act good cause test including the claimant's circumstances, and did not commit a procedural, jurisdictional, legal or important factual error that would support leave to appeal.
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On a de novo review the adjudicator accepted the contemporaneous and subsequent witness statements and police report, found the tenants not credible and unlikely to have remedied the conduct, balanced the rights of all tenants and concluded the persistent disruptive behaviour justified terminating the tenancy despite asserted disabilities; therefore the tenancy is terminated and vacant possession ordered by the specified date.
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The appeal is dismissed because the appellant did not prove good cause for the entire delay (June 23 to August 26, 2024): she contacted Service Canada but did not ask about deadlines and then waited five weeks after being told she could apply with her maiden name; her ADHD and lack of reconsideration contact do not establish exceptional circumstances excusing the delay, so antedating is not available.
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The Tribunal struck SOP allegations about events from January 2015 to November 22, 2016, holding the Commission’s referral was limited to later events.
The Tribunal found the Commission proved the November 10, 2021 decision was communicated and the earliest evidence of a reconsideration request was December 27, 2024, making the request over 365 days late; the Commission considered the required factors under the Reconsideration Regulations, including the Appellant's disability and potential prejudice, and exercised its discretion judicially; therefore no extension of time was warranted and the appeal must be dismissed.
Source excerpt
The appellant failed to prove on a balance of probabilities that he had good cause for the entire delay because he did not act as a reasonable and prudent person would have (he did not promptly contact Service Canada or obtain ROEs and relied on website interpretation), and his ADHD did not establish exceptional circumstances; therefore the application cannot be antedated and the appeal is dismissed.
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The court dismissed Ms. McNeil’s judicial review, holding the Tribunal’s reconsidered dismissal of her human rights complaint was not patently unreasonable.
The Federal Court dismissed judicial review applications challenging the Appeal Master’s refusal to award additional membership points under the Qalipu enrolment process.
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