Arnold S. Fradkin

The respondents sought an order of mandamus to compel immigration officers to consider an application for permanent residence and an exemption from the requirement to obtain an immigrant visa outside Canada on compassionate or humanitarian grounds.

The Federal Court Trial Division granted the mandamus, which was largely affirmed by the Federal Court of Appeal.

On appeal to the Supreme Court of Canada, the appellants conceded the duty to consider the exemption application.

The Court allowed the appeal in part, substituting a declaration for the mandamus order, declaring that the officers have a duty to consider the exemption application.

The Court further held that the landing and sponsorship applications cannot be adjudicated until the exemption is granted.

The appellants, large apple producers, challenged the authority of the Agricultural Stabilization Board to set minimum and maximum limits on the quantities of apples eligible for subsidy payments under the Agricultural Stabilization Act.

The Federal Court of Appeal held that the Board had the implicit authority to set such limits.

The Supreme Court of Canada dismissed the appeal, finding that the Board's broad duties and powers under the Act were sufficient to enable it to set quantity limits for subsidy payments in the interest of a workable price stabilization program, especially in the absence of any preclusion in the Act or regulations.