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The Federal Court dismissed Casey Best’s late motion to extend time and reopen a strike order, finding no sufficient basis to revisit the pleadings.
The application for extension of time is refused because the General Division decision was communicated Feb 27, 2026 with a 30-day appeal period, the applicant filed on April 16, 2026 after that period and after contacting the Tribunal only on April 2, 2026, and the applicant failed to provide a reasonable explanation to justify the delay.
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La Cour fédérale rejette le contrôle judiciaire visant le refus de reconsidérer une demande de résidence permanente, faute de CSQ valide à l’appui du dossier.
The Federal Court upheld the initial return of an HCCPP application as incomplete, but found the reconsideration decision unreasonable for failing to engage with the applicant’s explanation and documents.
The General Division did not err on fact or procedurally, but exceeded its jurisdiction by adjudicating an allocation and overpayment (week of April 6, 2025) that were not subject to a reconsideration decision; the Appeal Division rescinded the General Division's findings and overpayment for that week, and confirmed the General Division's decision as to the May 2025 reconsidered allocations and the $2,004.00 overpayment for April 13, 20 and 27, 2025.
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Leave to appeal denied because the claimant's grounds did not address the General Division's decision about extending time for a reconsideration request, and there was no arguable error of fact, law, jurisdiction, or procedure that would give the claimant a reasonable chance of success.
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The General Division made an important error of fact by finding the reconsideration decision was sent by email despite evidence showing the decision was mailed; the Appeal Division therefore substituted the correct decision, found the claimant gave a reasonable explanation for a delay of just over one month (Canada Post strike and personal circumstances), granted additional time to file the notice of appeal, and returned the file to the General Division for hearing on the reconsideration decision.
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The application was 70 days late and the Applicant failed to provide a reasonable explanation for the delay; additionally there is no arguable case that the General Division made a reviewable error (the General Division properly applied law and was bound by the CRA hours ruling showing 530 hours versus the 700 required), therefore no extension of time is granted and the application will not proceed.
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Leave to appeal was denied because the claimant failed to particularize the alleged important factual error despite being given an opportunity, and review of the General Division record disclosed no arguable error; therefore the claimant has no reasonable chance of success.
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Permission to appeal is refused because the claimant did not allege an arguable reviewable error by the General Division; the General Division correctly held the Tribunal lacked jurisdiction to order a write‑off and therefore the appeal has no reasonable chance of success.
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