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Turner v. Canada (Attorney General)

CanLII (Federation of Law Societies of Canada)
CanLII · Legal · License: Open Access
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canadacanadiancaselawcourtopiniondelayevidencefcaprocedure
canada, canadian, case law, court opinion, canlii, fca, 2026fca128, 2026 fca 128 (canlii), 2026, fca, 128, (canlii), a-61-25, 2026, administrative law, judicial review, reasonableness, canada (minister of citizenship and immigration) v. vavilov, 2019 scc 65, whether the adjudicator’s decision was unreasonable, transparent, intelligible and justified reasons within legal and factual constraints, no de novo analysis, no substitution of decision, application of “step into the shoes” approach, appeal dismissed, procedure, abuse of process, delay, whether unjustifiable delay required a remedy, including a stay, conduct board delay addressed as abuse of process and mitigating factor, further delay in external review committee process raised on judicial review, remedy refused where issue not properly pursued in the administrative process, appeal dismissed, procedure, waiver, failure to raise procedural irregularity, teksavvy solutions inc. v. bell canada, 2024 fca 121, whether failure to raise further delay with the adjudicator barred relief on judicial review, commissioner's standing orders (grievances and appeals), ss. 29, 30(2), 32 considered, no motion or request for stay brought, appeal dismissed, evidence, administrative proceedings, credibility and evidentiary record, whether the conduct board erred in weighing evidence and assessing credibility, whether the board relied on evidence not properly before it, adjudicator considered and fully addressed each argument, no basis to intervene on reasonableness review, appeal dismissed
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