Ahmad N. Baksh

The applicants sought leave to bring a motion for summary judgment to evict their sister from a jointly owned property so it could be sold to fund their mother's long-term care.

The self-represented respondent sought an adjournment to obtain disclosure and file responding materials, claiming a constructive trust and a right to reside there.

The court found genuine issues requiring a trial, declined to grant leave for summary judgment, converted the application into an action, and set a timetable for disclosure and trial.

The appellant appealed the extradition judge's dismissal of two preliminary stay applications and sought judicial review of the Minister of Justice's surrender order.

The stay applications alleged abuse of process due to political or religious motivation and challenged the certification of the Record of the Case.

The Court of Appeal dismissed the appeal, finding the extradition judge correctly held that political motivation allegations are for the Minister to consider at the surrender stage, and that certification concerns related to reliability rather than admissibility.

The application for judicial review was also dismissed, as the Minister reasonably concluded there was no general policy of neglect for due process in the requesting state and no factual basis to suggest extradition was sought for an improper purpose.