Case Studies
Notable decisions, explained.
These are plain-language analyses of leading, publicly reported court decisions that shape how Canadian immigration matters are handled. They are matters of public record — not descriptions of our own clients’ cases — and nothing here predicts the outcome of any individual application.
Supreme Court of CanadaKanthasamy (2015): humanity, not a checklist, in H&C decisionsThe Supreme Court's guidance on how humanitarian and compassionate discretion should really be exercised — with humanity, and without turning guidelines into rigid thresholds.Supreme Court of CanadaVavilov (2019): what it means for a decision to be 'reasonable'The Supreme Court's restatement of how courts review administrative decisions — and why an officer's reasons must be justified, transparent, and intelligible.Federal Court of CanadaGaneshalingam (2024): the court can rescue an honest mistake — but don't count on itA misrepresentation finding was set aside because the applicant fixed the error before it was caught. It is a hopeful decision — and a cautionary one, because the exception it rests on is vanishingly narrow.Supreme Court of CanadaBaker v Canada (1999): the best interests of children in H&C decisionsA landmark Supreme Court decision on humanitarian and compassionate applications, procedural fairness, and how heavily the best interests of affected children must weigh in the balance.Federal Court of CanadaBundhel (2014): why a dropped charge is still a charge you must discloseAn actor's work permit was refused for misrepresentation — not because of an old criminal case, but because he answered a disclosure question the way a layperson would, instead of the way the law reads it.