What public interest would be served by granting an order to allow an applicant to travel from Canada to the United States?
British Columbia, Canada
The following excerpt is from Caldwell v. Caldwell, 1985 CanLII 805 (BC SC):
I asked counsel for the applicant, “What public interest would be served by my granting this order?” By way of answer he referred to a decision of McClellan L.J.S.C. in Barba v. Barba (1976), 30 R.F.L. 93 (B.C.S.C.), in which the learned judge granted an application under subs. (2) to enable the petitioner to emigrate without delay to the United States where her fiancé lived.
In doing so, McClellan L.J.S.C. followed an unreported Ontario decision [Rigatti v. Rigatti, 23rd April 1969] which had held: “… that the desirability of expediting and facilitating immigration was a special circumstance which the court could consider in assessing whether it would be in the public interest for the decree to be made absolute.”
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