Does functus officio operate to prevent an investigator from re-opening her investigation?
Canada (Federal), Canada
The following excerpt is from Cruickshank v. Canada (Attorney General), 2004 FC 470 (CanLII):
The parties are in agreement that the questionof whether functus officio operated to prevent the Investigator from re-opening her investigation is a question of law, and as such should be reviewed against a standard of correctness. I agree. (See Abercrombie v. Canada (Attorney General), 2000 CanLII 15085 (FC), 185 F.T.R. 300.)
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