Can consent be sought for a new proceeding?
Canada (Federal), Canada
The following excerpt is from Phillip v. Canada (Minister of Citizenship and Immigration), 1999 CanLII 8894 (FC):
The case of Hernandez v. Canada (Minister of Employment and Immigration) (1993), 162 N.R. 391 (F.C.A.) is authority for the proposition that, where consent is requested to resume before a newly constituted panel but not obtained, a new proceeding can immediately be commenced before the newly constituted panel, thus allowing the newly constituted panel to act within jurisdiction. The respondent"s counsel argues that this is what happened in the present case. I disagree.
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