What is the test for damages for delay in processing applications for permanent residence?
Canada (Federal), Canada
The following excerpt is from Arsenault v. Canada, 2008 FC 299 (CanLII):
Khalil v. Canada, 2007 FC 923, [2007] F.C.J. No. 1221(QL) at paras. 137-53 also questions, and ultimately rejects, the Grenier decision. In Khalil, the plaintiffs alleged that the defendant's delay in processing their applications for permanent residence caused them harm. Accordingly, they asserted that they are entitled to damages arising from the defendant's negligence (as well as the infringement of their sections 7 and 15 Charter rights).
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