Canada Case Law

P. M. v. Minister of Employment and Social Development

Court

Social Security Tribunal of Canada

The appeal is dismissed because the General Division applied the correct legal test for severity and the balance of probabilities standard; even if it overlooked the June 19, 2013 family physician report, that report lacked sufficient probative evidence of a change in functional capacity or prognosis such that remittal would alter the outcome, so no redetermination was required.

Source excerpt

• Disability pension
• Severity test
• Onus of proof
• Totality of evidence
• Remittal
• Evidence assessment

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TB3-07256

Court

Refugee Appeal Division

The RAD confirmed the RPD decision because the RPD's adverse credibility findings and overall assessment of the evidence were reasonable, justified, transparent and intelligible, no new evidence was presented to warrant a hearing or intervention, and there was no demonstrated breach of Charter ss7 or 14; therefore the appeal is dismissed under IRPA s111(1)(a).

Source excerpt

• Credibility assessment
• Standard of review (reasonableness)
• Irpa ss110/111/162
• Charter ss7 and 14
• Totality of evidence
• Oral hearing request

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Alhaboob v. Canada (Minister of Citizenship and Immigration)

Court

Federal Court

The Federal Court dismissed a judicial review of a Refugee Division decision, upholding credibility findings that the applicants were not Convention Refugees.

• Convention refugee determination
• Credibility assessment
• Judicial review standard of review
• Country conditions evidence
• Totality of evidence
• Refugee-credibility

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Mohajerpour v. Canada (Minister of Citizenship and Immigration)

Court

Federal Court

The Federal Court allowed judicial review of a refugee decision, finding the Board failed to consider the totality of the evidence and gave ambiguous reasons on passport issues.

• Credibility findings
• Totality of evidence
• Reasons for decision
• Remittal
• Convention refugee status
• Proof of passport issuance

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R. v. Morin

Court

Supreme Court of Canada

The Supreme Court of Canada restored an acquittal on dangerous driving, holding the Court of Appeal had improperly reweighed contested facts on a Crown appeal.

• Appeal from acquittal
• Question of law
• Judicial review of factual findings
• Dangerous driving
• Misdirection
• Totality of evidence

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