You previously commented on the matter in the House of Commons. This concerns me because the government is spending taxpayers' money, part of which comes from Quebec, to conduct what I consider legal guerilla warfare against the use of French in the Montreal court.
In the brief your counsel submitted, they were unable to show that any exchange had taken place before the court or that any form had been completed stating that the person wanted to proceed in English. If you don't want to talk about this specific case, let's speak more generally. The problem is that they only provided us with the form completed at the very start of the process by an immigration officer with the person, and the officer checked the “English” box.
The problem is that immigration officers in Montreal almost always check the “English” box, regardless of the person concerned and without really ensuring that is what that person wants.
Shouldn't you proceed in French by default in Montreal, and shouldn't English be the exception rather than the rule, as is currently the case? That's the nub of the problem.