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The Court of Appeal dismissed an application to correct a birth date because the provincial government was not the proper respondent.
The appellant sought a declaration that his date of birth is January 1, 1951, rather than November 5, 1955, as recorded in his Iraqi identity documents when he applied for permanent residence in Canada in 1991.
The appellant wished to use the corrected date to apply for Canada Pension Plan benefits.
The Superior Court dismissed the application on three grounds: Ontario was not a proper party, the court lacked jurisdiction, and the appellant failed to prove his true date of birth.
The Court of Appeal upheld the dismissal, finding that Ontario had no demonstrated interest in the proceeding and was not a proper party.
However, the court indicated that on a proper record with the correct parties, particularly the Attorney General of Canada, the court may have jurisdiction to grant such declaratory relief.
The defendants were acquitted of pesticide offences because the Crown's sole evidence of identity and improper use was an unreliable hearsay document.
The defendants were charged with discharging or causing the discharge of a pesticide (Headline) into the environment contrary to the Pesticides Act.
The Crown alleged that on July 23, 2013, a helicopter operated by the defendants sprayed pesticide near Highway 40 and St. Andrews Line in Chatham-Kent, causing material discomfort to two witnesses.
The trial hinged on identity and whether the pesticide was improperly used.
The court found that while the pesticide was detected and material discomfort was established, the Crown failed to prove identity and improper use beyond a reasonable doubt.
The critical evidence linking the defendants to the incident (Exhibit 13) was found to be unreliable due to authentication and reliability problems.
The defendants were acquitted.
