1445913 Ontario Inc. v. The Province of Nova Scotia

Background:
HGC, a long-haul trucking company with a terminal in Debert, Nova Scotia, participated in the Nova Scotia Nominee Program (NSNP) under the Skilled Worker and Occupations in Demand Streams. The NSNP aims to fast-track permanent residency for approved nominees.

Issues:
The Department of Labour, Skills, and Immigration found HGC misrepresented employment locations on NSNP forms, resulting in a five-year prohibition from NSNP participation and rescinding nominations of its employees. HGC sought Judicial Review, arguing the decision was unreasonable and breached natural justice and procedural fairness.

Key Arguments:

• HGC:
  • The decision was unreasonable and the five-year prohibition was harsh.
  • Criteria for "misrepresentation" and "begin and/or end routes" were vague.
• Department:
  • The decision was reasonable and based on evidence consistent with NSNP policies.

Court Findings:

• Standard of Review:
  • Reasonableness is the appropriate standard for Judicial Review as per Vavilov.
• Decision Review:
  • The Department’s findings were reasonable and justified.
  • HGC's representations on NSNP forms were false.
  • The five-year prohibition was reasonable.

Conclusion:
The Court dismissed HGC’s application for Judicial Review, upholding the Department's decision and the five-year prohibition.

Monetary award was not specified.