Rocco Galati

The court considered written submissions from the parties regarding costs following an appeal.

The court decided to vary its previous reasons to provide that the appellant is entitled to one third of the costs of the appeal, rather than full costs.

The appellant appealed an order of the motions judge, arguing that the judge erred in abridging the time for service of motion materials and refusing a brief adjournment.

The Court of Appeal agreed, noting that voluminous materials were served less than 24 hours before the hearing and the appellant's counsel had another commitment.

The Court also found no urgency requiring a final determination on that date.

The appeal was allowed, the motions judge's order was set aside, and the matter was remitted for a rehearing.

The appellant, a woman with Canadian-born dependent children, was ordered deported.

She applied for an exemption based on humanitarian and compassionate considerations, which was denied without formal reasons, though she was later provided with the notes of the investigating immigration officer.

The Supreme Court of Canada held that the duty of procedural fairness applied and required the provision of reasons, which was satisfied by the officer's notes.

However, the notes demonstrated a reasonable apprehension of bias and the decision was an unreasonable exercise of discretion because it failed to give serious weight and consideration to the best interests of the appellant's children.