3 total
Judicial review granted; VRAB decision on veteran's disability pension unreasonable for ignoring uncontradicted medical evidence.
The applicant, a veteran, sought judicial review of a second reconsideration decision by the Veterans Review and Appeal Board Canada, which withheld one-fifth of his disability pension for a back condition.
The panel determined there was insufficient evidence connecting the applicant's 2009 soft tissue injury to an x-ray showing degenerative disc disease one month later.
The Federal Court granted the application, finding the panel's decision unreasonable.
The Court noted the panel ignored medical evidence without seeking its own independent medical opinion under section 38 of the VRAB Act and failed to apply the evidentiary rules under section 39 of the VRAB Act, which require resolving doubt in the veteran's favour.
The decision was set aside and remitted to a differently constituted panel.
Judicial review allowed; officer unreasonably failed to consider advanced age and vulnerability in H&C application.
The applicant, an 89-year-old widow from the US, sought permanent residency on humanitarian and compassionate (H&C) grounds.
The immigration officer refused the application, stating there was insufficient evidence of establishment in Canada, hardship, and dependency.
The Federal Court found the officer's decision unreasonable for failing to meaningfully engage with the applicant's advanced age, dependency on his family, vulnerability, and potential hardship if returning to the US.
The application for judicial review was allowed and remitted for redetermination.
Motion to strike granted with leave to amend where inmate alleged religious discrimination regarding Kosher food.
The plaintiff, an inmate at a federal penitentiary in Quebec, brought an action against the Attorney General of Canada alleging discrimination regarding the provision of Kosher food.
The defendant moved to strike the statement of claim on the grounds of lack of jurisdiction, abuse of process, and failure to disclose a reasonable cause of action.
The court granted the motion to strike for lack of jurisdiction and failure to disclose a reasonable cause of action, but granted the plaintiff leave to amend his statement of claim to plead material facts establishing jurisdiction in Ontario and a proper Charter claim.
