Can errors on the part of counsel be grounds for setting aside a decision?
Canada (Federal), Canada
The following excerpt is from Muotoh v. Canada (Minister of Citizenship and Immigration), 2005 FC 1599 (CanLII):
In Lahocsinszky v. Canada (Minister of Citizenship and Immigration),2004 FC 275, [2004] F.C.J. No. 313, Justice Mactavish comments on how errors on the part of counsel can be grounds for setting a decision aside. She states at paragraph 15: Incompetence on the part of counsel can certainly be a basis for having a decision set aside. However, the onus is on the applicants to show that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different.
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