Summary judgment motion in maritime negligence claim dismissed due to genuine issue for trial.
The defendants brought a motion for summary judgment to dismiss a component of the plaintiff's maritime negligence claim for lost revenue following a workplace injury on the defendant vessel.
The defendants argued the issue was barred by issue estoppel or abuse of process due to a final workers' compensation decision.
The Court found there was a genuine issue for trial regarding the loss of income and the impact of the compensation decision, and dismissed the motion.
Judicial review granted where RAD unreasonably dismissed sworn support letters confirming refugee claimant's identity.
The applicant sought judicial review of a decision of the Refugee Appeal Division overturning a decision of the Refugee Protection Division and finding that the applicant had not established his national identity as an Eritrean citizen.
The Court held that section 106 of the IRPA does not preclude the RAD from overturning the RPD on identity.
The Court further found that while the RAD reasonably rejected much of the documentary evidence, its failure to adequately address sworn support letters was unreasonable.
The application was granted and the matter remitted to a differently constituted panel.
