Peprah v. Canada (Citizenship and Immigration)

Decided: 2026-10-19. Docket: IMM-1003-26. Citation: 2026 CanLII 109005 (FC). Procedure — Setting aside or variance — Federal Courts Rules, Rule 399(2)(a) — Matter arose or was discovered subsequent to making of order — Whether new evidence justified setting aside the Order — Former solicitor’s hospitalization invoked as new matter — Threshold under Rule 399(2)(a) not met — Motion dismissed | Procedure — Setting aside order — Relevance of alleged new evidence — Order issued based on materials filed by May 11 — Whether hospitalization after filing affected the Order — Hospitalization during issuance of Order found not relevant — Motion materials unaffected by hospitalization — Motion dismissed | Procedure — Burden on motion — Proof and persuasion — Whether Applicant showed how evidence met R