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Case Law is a sample selection from the weekly summaries of notable unreported civil and criminal court decisions published in Law Times newspaper.

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Immigration

GENERAL

Accused not a danger to public and therefore detention unnecessary

Petitioner sought revision of decision that granted release from custody of accused. Accused was permanent resident in Canada and was facing proceedings on inadmissibility following condemnation on several counts of sexual assault, assault with weapon, causing bodily harm and threatening to cause death. Victim was ex-wife of accused. Petitioner claimed that decision failed to assess danger to public of accused and risk of evasion, accentuated by imminent decision on inadmissibility. Application not allowed. Court affirmed that accused was co-operative with authorities and underwent several sessions on anger management. Court affirmed that decision was supported by facts and took into account all aspects of file of accused concluding that he was not a danger to public and therefore his detention was unnecessary.

Canada (Ministre de la Securite Publique et de la Protection Civile) v. Sall
(June 13, 2011, F.C., de Montigny J., File No. IMM-3081-11) Reasons in French. 95 W.C.B. (2d) 400 (26 pp.).

Crown

ARMED FORCES

Unreasonable to find letter filed in support of reconsideration did not meet due diligence test

Applicant served in Regular Force of Canadian Forces. Applicant’s lumbar disc lesion was recognized as being result of service. Applicant underwent surgery. Applicant aggravated condition while trying to change position in bed. Applicant filed for disability benefits. Board found doctor’s medical opinion did not constitute credible evidence for purpose of granting disability award because of lack of reasoning and analysis on issue of causation. Appeal panel sitting in reconsideration did not admit doctor’s letter into evidence. Letter was filed as additional information in reply to appeal panel’s findings on insufficiency of reasons and vagueness of report. Application for judicial review was allowed. It was unreasonable to find letter filed in support of reconsideration did not meet due diligence test. Additional information could not have been filed before applicant learned of appeal panel’s criticism of expert. Letter provided precision sought that was essential to determinative issue.

Cossette v. Canada (Procureur General) (Apr. 14, 2011, F.C., Scott J., File No. T-1147-10) 203 A.C.W.S. (3d) 531 (16 pp.).
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