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Motion for supplementary disclosure under section 317 dismissed as disclosure is limited to materials before the decision-maker.
In a statutory appeal under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act against administrative monetary penalties imposed by FINTRAC, the appellant moved to compel supplementary disclosure under section 317 of the Federal Courts Rules.
The appellant argued that the Director delegated her decision-making authority to staff, meaning the material before the staff should also be disclosed.
The Court dismissed the motion, finding no evidence of improper delegation and ruling that disclosure under section 317 is limited to the relevant material that was before the actual decision-maker.
Judicial review of COVID-19 vaccine mandate struck; existence of SARS-CoV-2 subject to judicial notice.
The applicant sought judicial review of the federal government's policy requiring COVID-19 vaccination for public servants, alleging the SARS-CoV-2 virus does not exist.
The respondent brought a motion to strike the application.
The Court took judicial notice of the existence of the SARS-CoV-2 virus, finding it to be a notorious and indisputable fact.
As the applicant's central premise contradicted a judicially noticed fact, the application was found to be bereft of any possibility of success and was struck.
Judicial review dismissed; finding of misconduct disqualifying the applicant from EI benefits was reasonable.
The applicant sought judicial review of a decision by the Social Security Tribunal-Appeal Division refusing leave to appeal.
The applicant had been denied Employment Insurance benefits after being dismissed from his job as a driver due to misconduct, specifically inappropriate and disrespectful behavior towards staff and clients despite multiple warnings.
The Federal Court found that the Appeal Division's decision was reasonable, noting that the objective test for misconduct was properly applied and the existence of a settlement agreement with the employer did not preclude a finding of misconduct for EI purposes.
The application for judicial review was dismissed.