Can an officer be held liable for using the wrong legal test?
Canada (Federal), Canada
The following excerpt is from Kandasamy v. Canada (Citizenship and Immigration), 2010 FC 1090 (CanLII):
The applicant’s suggestion that the officer erred by confusing and using the wrong legal test is an issue of pure law and will be assessed for correctness (see Dunsmuir v. New Brunswick, 2008 SCC 9, [2008] 1 S.C.R. 190).
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