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Pidasheva v. Canada ( Minister of Employment and Immigration )

IMM-4065-93

Dubé J.

15/12/94

8 pp.

Applicant raised procedural objection based on Minister's failure to file notice of change of solicitor, also four other legal arguments, in support of application for judicial review -- Objection dismissed for following reasons: (1) reference to Minister includes Minister acting for him, successors and deputy; and (2) change at issue did not adversely affect applicants -- However, transfer of case to private law firm without notice of change could justify intervention by Court -- Absence of one Board member's signature not ground for judicial review when internal administrative document exists signed by two members, confirming they participated in decision -- No legal duty to keep transcript of hearing in record and lack of it caused applicants no prejudice -- Court did not intervene in appointment of representative for minor child by tribunal when counsel for applicants present at hearing and did not object to appointment-Absence of decision on discontinuance proceedings and denial of adjournment by tribunal not grounds for judicial review because in case at bar tribunal ultimately adjourned hearing so as not to cause applicants prejudice -- Objections dismissed.

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