Latest Immigration Decision

Obegi Chemicals LLC v Kilani

Decider: L. Ratushny J.

Court: Federal Court

Citation: 2011 ONSC 4636

Judgment: August 5, 2011

Docket: 10-4993

[33]      I have also determined, based on the same principle of CBSA no longer being statutorily authorized by s. 490 to deal with the Images other than taking the obvious measure of their destruction, that CBSA cannot be ordered by way of the exercise of this Court’s equitable jurisdiction to allow third party access to the Images.  To order CBSA to allow such access would amount to ordering the state to continue its interference in privacy interests in a situation not statutorily allowed.   My reasons in respect of this issue of the exercise of this Court’s equitable jurisdiction are the following.