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.
