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While this may be true, Board decisions are reported in other legal databases such as CanLII that may not employ the same software, and web searches of the witnesses’ names using these databases could well disclose their involvement in this case. [33]   The Board’s minimization of the employee witnesses’ privacy interests was also unreasonable in light of this Court’s finding in Philps #1 that the witnesses had a legitimate concern about publicizing their names, and its finding that identifying these individuals by their initials would result in little, if any, derogation from the open court principle as the identity of the witnesses was not germane to the Board’s decision: Philps #1, above at para. 10. [34]   Finally, the Board gave no consideration to the broader public interest with respect to the privacy rights at issue in this proceeding. ... While this case involved inappropriate behavior rather than sexual assaults, the same policy considerations apply here but were not considered by the Board. [36]   For these reasons I am therefore satisfied that the Board’s decision was unreasonable. ...

The IAD can, however, exercise its discretion to allow an appeal of inadmissibility for misrepresentation if it is satisfied that, taking into account the best interests of a child directly affected by the decision, there are sufficient H&C considerations to warrant special relief in light of all the circumstances of the case (IRPA, paragraph 67(1)(c)). [17]   In conducting an H&C analysis, the IAD must consider the Ribic factors (Ribic v Canada (Minister of Employment and Immigration), [1985] IABD No 4 (Immigration Appeal Board)). ... Gao argues that the IAD ignored evidence and relied on irrelevant considerations in its assessment of the misrepresentation, remorse, establishment, hardship and BIOC, and that these errors led to an unreasonable exercise of discretion under paragraph 67(1)(c) of IRPA. ...

It was insufficient for the RPD to simply state that it had taken the Gender Guidelines into consideration.   ... The RPD did not give due consideration to the other possibilities and explanations as to why the parents may not have intervened, i.e. that the Applicant kept the sexual abuse hidden until she told her mother at the age of twelve.   ...

[16]   A standard of reasonableness applies to a PRRA officer’s findings of fact, determinations based on mixed fact and law, and consideration of evidence (Selduz v Canada (Minister of Citizenship and Immigration), 2009 FC 361 at paras 9-10). [17]   In recent years, courts have used a standard of correctness to assess procedural fairness (Mission Institution v Khela, 2014 SCC 24 at para 79, [2014] 1 S.C.R. 502; (Canada (Citizenship and Immigration) v Khosa, 2009 SCC 12 at paras 59 and 61, [2009] 1 S.C.R. 339 at para 43).   ... Consideration of the Evidence [21]   The Applicants argue that the Decision was unreasonable because the Officer ignored documentary evidence which demonstrates that Roma in Hungary experience widespread discrimination which amounts to persecution.   ...

Credibility assessments can be an important consideration when weighing evidence.   ... While the Officer’s consideration and explanation of the current political landscape in Guinea was clear and intelligible, Mr.  ...

Applying this rationale, the Board included in the bargaining unit persons on maternity/parental leave, persons who have been dismissed but who have grieved their dismissal, and persons on approved leaves of absence on union business. [17]   The Board summarized its conclusion on the sufficiency of CAWU’s evidence of support as follows (at para. 63): The Board is thus satisfied, on the basis of the evidence revealed in the confidential report, that by only discounting the irregular membership cards and taking these three categories of inclusions into consideration, the CAWU’s support falls below the threshold required to order a vote. ... I do not know how this could be done without setting aside the confidentiality of individual employees’ evidence of support for one union or the other. [34]   In the circumstances, CAWU’s right to know the case it had to meet and its ability to respond may have been constrained by considerations that are specific to labour law, including the overriding need to protect the confidentiality of employee wishes, but these constraints are well known and have been endorsed by the Courts. ...

Moreover, considerations of judicial economy weigh in favour of having the issue of statutory interpretation that Mr. ... Of course, the TCC may decline to address that issue on the basis of the issue estoppel doctrine that is discussed in part V.B. of these reasons above. [46]   Collectively, the foregoing considerations provide a second, independent, reason for granting the CRA’s Motion to strike Mr. ...

The evidence does not establish that the Officer was closed‑minded in her consideration of his PRRA application. ... The same is true of the Officer’s other credibility findings and her consideration of Mr.  ...

Wu had satisfied her onus of proving that sufficient humanitarian and compassionate considerations existed to warrant the exercise of special relief to allow the appeal. ... Wu’s credibility and the lack of evidence to support her H&C request, the IAD somehow determined that her generalized and vague testimony satisfied her onus to prove that there were sufficient H&C considerations to merit granting her appeal. [51]   No clear path exists from the evidence before the IAD to the outcome. ...

Considerations Considérations   (3) An adjudicator, when rendering the decision, must consider whether the decision that is the subject of the appeal contravenes the principles of procedural fairness, is based on an error of law or is clearly unreasonable. (3) Lorsqu’il rend la décision, l’arbitre évalue si la décision qui fait l’objet de l’appel contrevient aux principes d’équité procédurale, est entachée d’une erreur de droit ou est manifestement déraisonnable. ...