KEVIN KOCH and DAMIAN DE LA GUARDIA v. JANET KATHLEEN BORGATTI, As Administrator of the Estate of the Deceased, RICHARD NEIL BORGATTI, DAVID KOCH, ANNA SKOTNICKA, ESTERA LAWRENCE, IRENEUSZ BRUDEK, CHARLES McCRIE and FOSTER MATTHEWS AND DOCKET: A-22-22 STYLE OF CAUSE: IRENEUSZ BRUDEK v. JANET KATHLEEN BORGATTI, As Administrator of the Estate of the Deceased, RICHARD NEIL BORGATTI, KEVIN KOCH, DAVID KOCH, ANNA SKOTNICKA, ESTERA LAWRENCE, CHARLES McCRIE, DAMIAN DE LA GUARDIA and FOSTER MATTHEWS, 2022 FCA 201

JurisdictionFederal Jurisdiction (Canada)
CourtCourt of Appeal (Canada)
Citation2022 FCA 201
Date22 November 2022
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4 practice notes
  • Jamali v. Canada (Citizenship and Immigration), 2023 FC 1328
    • Canada
    • Federal Court (Canada)
    • October 5, 2023
    ...must be satisfied the duty of procedural fairness was met: Rebello v Canada (Justice), 2023 FCA 67, at para 10; Koch v Borgatti Estate, 2022 FCA 201, at para [26] The applicant’s position was that he should be afforded a high level of procedural fairness. [27] The applicant made nume......
  • Andruszkiewicz v. Canada (Attorney General), 2023 FC 528
    • Canada
    • Federal Court (Canada)
    • April 12, 2023
    ...must be satisfied the duty of procedural fairness was met: Rebello v Canada (Justice), 2023 FCA 67, at para 10; Koch v Borgatti Estate, 2022 FCA 201, at para 40 (citing Lipskaia v Canada (Attorney General), 2019 FCA 267, at para [76] One principle of procedural fairness is to “hear t......
  • Rebello v. Canada (Justice), 2023 FCA 67
    • Canada
    • Court of Appeal (Canada)
    • March 23, 2023
    ...must be “on whether a fair and just process was followed having regard to all the circumstances” (Koch v. Borgatti Estate, 2022 FCA 201 at para. 40; quoting from Canadian Pacific Railway v. Canada (Attorney General), 2018 FCA 69 at para. 54). [11] As noted, Ahmed J. did consid......
  • Abikan v. Canada (Citizenship and Immigration), 2023 FC 149
    • Canada
    • Federal Court (Canada)
    • February 1, 2023
    ...filed in a timely manner. There is therefore no evidence of prejudice to the Respondent arising from the delay (Koch v. Borgatti Estate, 2022 FCA 201 (CanLII), at para. 79). [32] Upon considering the Hennelly factors, I conclude that the Applicant had a continuing interest in pursing their ......
4 cases
  • Jamali v. Canada (Citizenship and Immigration), 2023 FC 1328
    • Canada
    • Federal Court (Canada)
    • October 5, 2023
    ...must be satisfied the duty of procedural fairness was met: Rebello v Canada (Justice), 2023 FCA 67, at para 10; Koch v Borgatti Estate, 2022 FCA 201, at para [26] The applicant’s position was that he should be afforded a high level of procedural fairness. [27] The applicant made nume......
  • Andruszkiewicz v. Canada (Attorney General), 2023 FC 528
    • Canada
    • Federal Court (Canada)
    • April 12, 2023
    ...must be satisfied the duty of procedural fairness was met: Rebello v Canada (Justice), 2023 FCA 67, at para 10; Koch v Borgatti Estate, 2022 FCA 201, at para 40 (citing Lipskaia v Canada (Attorney General), 2019 FCA 267, at para [76] One principle of procedural fairness is to “hear t......
  • Rebello v. Canada (Justice), 2023 FCA 67
    • Canada
    • Court of Appeal (Canada)
    • March 23, 2023
    ...must be “on whether a fair and just process was followed having regard to all the circumstances” (Koch v. Borgatti Estate, 2022 FCA 201 at para. 40; quoting from Canadian Pacific Railway v. Canada (Attorney General), 2018 FCA 69 at para. 54). [11] As noted, Ahmed J. did consid......
  • Abikan v. Canada (Citizenship and Immigration), 2023 FC 149
    • Canada
    • Federal Court (Canada)
    • February 1, 2023
    ...filed in a timely manner. There is therefore no evidence of prejudice to the Respondent arising from the delay (Koch v. Borgatti Estate, 2022 FCA 201 (CanLII), at para. 79). [32] Upon considering the Hennelly factors, I conclude that the Applicant had a continuing interest in pursing their ......

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