Practice
Applications
Request for directed decision on reconsideration after Federal Court allowing judicial review application, quashing Minister’s delegate’s decision made under Customs Act, R.S.C., 1985 (2nd Supp.), c. 1, s. 133, referring matter back to different Minister’s delegate based on breaches of procedural fairness—Request denied even though Federal Court having power to do so under Federal Courts Act, R.S.C., 1985, c. F-7, s. 18.1(3)(b)—Considerations to be considered to justify directed decision expanded to include unreasonable administrative delay causing prejudice—However, delay in investigating, reaching decision not unreasonable here partly since applicants themselves responsible for much of delay—Applicants not demonstrating prejudice—Also, directed decision would defeat purpose of reconsideration, which is to enable applicants to comment on evidence which should have been properly disclosed but was not.
Pacific Pants Co. Inc. v. Canada (Minister of Public Safety and Emergency Preparedness) (T-811-07, 2008 FC 1050, Lemieux J., judgment dated September 18, 2008, 29 pp.)