Sunday, December 8, 2013

Deficiencies in translation

Li v. Jean2013 NSCA 135:

[8]                  A failure of, or gross deficiency in translation has the potential to deprive a litigant of the right to a trial of issues on the merits but as pointed out in Fu v Canada (Minister of Citizenship and Immigration) 2011 FC 155 (CanLII), 2011 FC 155 at para. 10,if the errors are not material to the ultimate findings the court should not intervene.  In R v Tran [1994]2 SCR 951, the Supreme Court referenced the fact that interpretations may not be perfect. At para. 60 of the decision the court noted that interpretation is an inherently human endeavor and it would not be sensible to require a standard of perfection.  

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