What is the test for having a lawyer in a personal injury action?

Canada (Federal), Canada

The following excerpt is from Farooqui v. Canada (Minister of Citizenship and Immigration), 2004 FC 1162 (CanLII):

The respondent also says that the right to counsel is not absolute and that as held in Vairamuthu v. Canada (Minister of Employment and Immigration) (1993), 161 N.R. 131 (F.C.A.), for a court to intervene with this discretionary decision "...it must be clear that in the circumstances of the case a breach of natural justice or fairness has resulted from the decision."

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