Anwar v. Canada (Attorney General)
Khaliq Hussain Anwar
Law Firm / Organization
Unrepresented
Neil Nawaz
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

Joshua Toews

Social Security Tribunal of Canada Appeal Division
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

Joshua Toews

Attorney General of Canada
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

Joshua Toews

- Parties: The appellant was Khaliq Hussain Anwar. The respondent was the Attorney General of Canada. 

- Subject Matter: The Social Security Tribunal’s Appeal Division refused the appellant’s request for a leave to appeal a decision of the General Division. The appellant filed an application for judicial review of the Appeal Division’s order. An associate judge dismissed the appellant’s application. The appellant moved to set aside the associate judge’s order. He relied on r. 399(2)(b) of the Federal Courts Rules, SOR/98-106 and alleged that the order was obtained by fraud. In Anwar v. Nawaz, 2023 FC 1345, the Federal Court dismissed the appellant’s motion, which prompted him to appeal. 

- Ruling: The appeal court ruled in the respondent’s favour and dismissed the appeal. The appeal court saw no merit in the appellant’s arguments and no evidence to support the appellant’s bias allegations, which were improper for him to make. The appeal court rejected the appellant’s allegation of a failure to accommodate his inability to comply with the Federal Courts Rules. The appeal court held that the Federal Court showed him considerable flexibility and heard his motion despite his refusal to file a motion record as required by r. 369(2). 

- Date: The hearing was set on Jan. 15, 2025. The appeal court released its decision on Jan. 16, 2025. 

- Venue: This was a federal case before the Federal Court of Appeal. 

- Amount: The appeal court awarded no costs since the respondent did not seek them. 

Federal Court of Appeal
A-135-24
Administrative law
$ 0
Respondent
11 April 2024