Posted On: 02/20/2015 10:00:05 PM
Post# of 56324
From someone allot smarter than me on fb
On the comments regarding "owning a piece of Canada" or anything similar....note that this is an application for judicial review in the Federal Court. This is not a "lawsuit" in the way you may be thinking. The relief being sought is not damages in the traditional sense; it is for mandamus. Judicial Review applications can take some time. Also, the Applicant has a difficult burden to meet in ministerial decisions. They will have to show procedural unfairness per the test in Baker v. Canada (Minister of Citizenship and Immigration) or show that there was a reviewable error in the decision per the test in Dunsmuir v. New Brunswick.
Also note that costs in the Federal Court are very low (unlike the Superior Court). The Federal Court is a creature of statute while the Superior Court has inherent jurisdiction. So at the end of the hearing, the costs awarded will not be significant no matter who wins.
On the comments regarding "owning a piece of Canada" or anything similar....note that this is an application for judicial review in the Federal Court. This is not a "lawsuit" in the way you may be thinking. The relief being sought is not damages in the traditional sense; it is for mandamus. Judicial Review applications can take some time. Also, the Applicant has a difficult burden to meet in ministerial decisions. They will have to show procedural unfairness per the test in Baker v. Canada (Minister of Citizenship and Immigration) or show that there was a reviewable error in the decision per the test in Dunsmuir v. New Brunswick.
Also note that costs in the Federal Court are very low (unlike the Superior Court). The Federal Court is a creature of statute while the Superior Court has inherent jurisdiction. So at the end of the hearing, the costs awarded will not be significant no matter who wins.
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