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Case Law

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  • R. v. Barreiras - 2019 ONCJ 589

    These written reasons supplement the oral dismissal, on August 2, 2019, of the applicant’s s. 11(b) application. (See Decision)

    Sep 21, 2019 10:07 PM

  • R. v. Dudhi - 2019 ONCA 665

    During the arrest of Rusheed Dudhi, a man of colour, the arresting officer made a comment over the radio to his police colleagues about “brown” drug dealers. Mr. Dudhi relied on that comment and on the surrounding circumstances to argue that he was racially profiled and therefore arbitrarily detained, contrary to s. 9 of the Charter. While the comment clearly troubled the trial judge, he did not agree that an arbitrary detention took place. In his view, there was no link between the comment and the reason for the arrest. (See Decision)

    Sep 21, 2019 10:07 PM

  • Privacy Regulators Turning Up the Heat: Major Fines for Data Breaches and Privacy Violations This Summer

    Summer 2019 saw a flurry of major fines levied against large corporations for data breaches and other privacy violations. Ranging from a €460,000 fine under the European General Data Protection Regulation (GDPR) for a Dutch hospital to Facebook's US$5-billion proposed settlement with the Federal Trade Commission (FTC), regulators are showing their teeth. (See Article)

    Sep 19, 2019 6:32 PM

  • Bangladesh v. Canada (Attorney General) - 2019 FC 1177

    In 1996, Mr Nur Chowdhury and his wife, citizens of Bangladesh, were granted visitor status in Canada. Soon thereafter, they applied for refugee protection. (See Decision)

    Sep 19, 2019 10:07 AM

  • Office and Professional Employees International Union v. Cougar Helicopters Inc. - 2019 FCA 231

    The applicant has applied for judicial review of a decision of the Canada Industrial Relations Board. In support of that application, it has filed two affidavits. One of these affidavits is unchallenged but the other has sparked some controversy. (See Decision)

    Sep 19, 2019 10:07 AM

  • Kinghorne v. Canada (Attorney General) - 2019 FC 1183

    Shawn Kinghorne seeks judicial review of a decision of the Grand Manan Harbour Authority [Harbour Authority] to restrict access to White Head Harbour on the first day of the 2016 lobster fishing season [Access Policy]. The Harbour Authority made the decision pursuant to its power delegated by the Minister of Fisheries and Oceans [Minister] under the Fishing and Recreational Harbours Act, RSC 1985, c F-24. (See Decision)

    Sep 19, 2019 10:07 AM

  • Al Hasan v. Canada (Citizenship and Immigration) - 2019 FC 1155

    The applicants seek judicial review of the decision of a visa officer in Lebanon who rejected their application for permanent residence as refugees or as members of the country of asylum class. They allege that the officer made unreasonable credibility findings, failed to interview the child applicant and disregarded the objective risk the applicants are facing in Syria, their country of origin. I am dismissing their application, as I find that the officer made no such errors. (See Decision)

    Sep 19, 2019 10:07 AM

  • Peiro v. Canada (Citizenship and Immigration) - 2019 FC 1146

    This is an application for judicial review of a visa officer’s [the Officer] decision refusing Milad Peiro’s [the Applicant] application for a study permit. (See Decision)

    Sep 19, 2019 10:07 AM

  • Kaczor v. Canada (Immigration, Refugees and Citizenship) - 2019 FC 1139

    This motion, brought by the Minister, seeks an Order dismissing this application for mootness due to his May 17, 2019 removal of all countries that appeared on the Designated Country of Origin list. For the reasons explained below, the Minister’s motion will not be granted. Instead, the matter will be stayed for a period of six months, whereupon a case management judge will seek input from the parties as to the status of the file and next steps required. A brief background to provide the context underlying this litigation precedes the analysis of the arguments raised in this motion. (See Decision)

    Sep 19, 2019 10:07 AM

  • Air Canada v. Cooperstock - 2019 FCA 226

    We are all of the view that Air Canada’s appeal must be allowed. (See Decision)

    Sep 19, 2019 10:07 AM

  • Alberta Court of Appeal Clarifies Super-Priority of CCAA Charges

    In most restructuring proceedings, money is needed to fund the professionals and the management team retained to preserve value in the insolvent company. This money must often be borrowed, and is typically secured by "super-priority" charges granted by the Court. An issue that has recently been before the Alberta courts is whether these charges also rank ahead of other claims that also have priority according to federal legislation.  (See Article)

    Sep 19, 2019 8:16 AM

  • Single Use Plastic Bans: What You Need To Know

    The discussion on single-use plastics is heating up across Canada. The federal government announced in June 2019 its intention to institute a nationwide ban by 2021 if re-elected this fall. Meanwhile, a growing number of provinces, cities, and towns have already banned certain single-use plastic products and the British Columbia Court of Appeal has now weighed in on a B.C. municipality’s authority to do such a thing. (See Article)

    Sep 19, 2019 8:16 AM

  • Lukács v. Canada (Transportation Agency) - 2019 FC 1148

    By Notice of Application for judicial review filed on December 29, 2017, Dr. Gabor Lukacs (the “Applicant”) seeks the following relief: (See Decision)

    Sep 18, 2019 6:06 PM

  • Jeffrey v. Canada (Minister of Public Safety and Emergency Preparedness) - 2019 FC 1180

    This case concerns the degree of disclosure that must be provided to someone who has been provided an opportunity to make written submissions explaining why an inadmissibility report under subsection 44(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA] should not be made against him. (See Decision)

    Sep 18, 2019 6:06 PM

  • Canada (Public Safety and Emergency Preparedness) v. Arook - 2019 FC 1130

    This application judicially reviews an order made by the Immigration Division [ID] releasing Mr. Arook from detention. Mr. Arook has been detained since June 27, 2019. The Minister argues for Mr. Arook’s continued detention on the grounds that he is unlikely to appear for removal and that he is a danger to the public. (See Decision)

    Sep 18, 2019 6:06 PM

  • Challenging the Quebec End-of-Life Legislation and Medically-Assisted Dying in Truchon

    In Truchon c. Attorney General of Canada, 2019 QCCS 3792 (CanLII), a decision of the Quebec Superior Court, The Honourable Christine Baudouin, JCS held that the end of life requirement under section 26 of Quebec’s End-of-Life Care Act and the “reasonable foreseeability of natural death” requirement under the Criminal Code‘s medically-assisted death requirement are both unconstitutional as contravening section 15 of the Canadian Charter of Rights and Freedoms (and... (See full article)

    Sep 18, 2019 4:06 PM

  • Recent Blockchain-Related Enforcements and Exemptions

    Securities regulators, including the US Securities and Exchange Commission (SEC) and the Ontario Securities Commission (OSC), have come down on Canadian blockchain-related (or distributed-ledger technology-based) businesses based on enforcement of traditional securities laws. (See Article)

    Sep 18, 2019 9:58 AM

  • Elections Advertising—What You Need to Know About the Third-Party Advertising Rules

    On Monday, October 21, 2019, Canadians will head to the polls to vote in the 43rd federal election. This will be the first election under the new provisions of the Canada Elections Act (the "Act"). Introduced through the Elections Modernization Act, the amendments to the Act aim to establish measures to increase transparency about the participation of third parties in the electoral process. A third-party is a person or a group other than a registered party, registered association, candidate or nomination contestant. Measures include registration requirements for third parties who wish to engage in what is called "issue advertising"—that is, advertisements taking a position on an issue associated with a candidate or party. (See Article)

    Sep 18, 2019 9:58 AM

  • FINTRAC Reveals Its Secret Formula for Determining “Harm Done”, Calculating AMP Amounts

    The Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) recently released its interpretation of the term “harm done” in the context of violations of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) and its associated regulations (Regulations). (See Article)

    Sep 18, 2019 9:37 AM

  • Canada Implements Significant Reforms to Basic Federal Employment Standards

    Canadian employers subject to federal regulation will want to take note of changes to the Canada Labour Code that came into force on September 1, 2019. These reforms apply to a large number of minimum employment standards with vacation, breaks, leaves of absences, and predictive scheduling impacted, among others. (See Article)

    Sep 18, 2019 9:37 AM

  • Employment Terms and Terminations: It’s Different in the States

    Employers sometimes include fixed terms of employment in their employment agreement. Sometimes a fixed term is meant to prompt the parties to renegotiate at the end of the term. (See Article)

    Sep 18, 2019 9:37 AM

  • Clarity on IP Licenses and Bankruptcy

    As we wrote about a year ago (See: What happens to IP on bankruptcy? ), we have been anticipating amendments to the Bankruptcy and Insolvency Act (BIA) and Companies’ Creditors Arrangement Act (CCAA) relating to IP licenses in cases where the IP licensor becomes insolvent. (See Article)

    Sep 18, 2019 9:37 AM

  • What You Need to Know About ILPA Principles 3.0

    The Institutional Limited Partners Association (ILPA) recently released the latest version of its principles, ILPA Principles 3.0. The updated principles provide a detailed selection of best practices for participants in the private funds industry, and are informed generally by guidelines of transparency, good governance and the alignment of interests among partners. (See Article)

    Sep 18, 2019 9:37 AM

  • Canada tightens fraud and corruption controls on government procurement

    Amendments to the Government Contracts Regulations add fraud and corruption certifications for bidders and increases the bidding threshold for construction contracts. (See Article)

    Sep 18, 2019 9:37 AM

  • Georgeson Shareholder Communication Canada Inc. v. The Queen - 2019 TCC 148

    These reasons address a motion made by the Appellant, Georgeson Shareholder Communication Canada Inc. (hereinafter referred to as the “Applicant”), pursuant to section 170.1 of the Tax Court of Canada Rules (General Procedure) (the “Rules”) . (See Decision)

    Sep 17, 2019 10:07 AM

  • New Measures to Cover Gap in Agent Representation

    On June 21, 2019, Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts, received Royal Assent. The Bill was an omnibus legislation that was prompted by the delays caused described in Jordan and Cody. (See full article)

    Sep 17, 2019 8:06 AM

  • Betser-Zilevitch v. Nexen Inc. - 2019 FCA 230

    This is an appeal from a decision of a judge of the Federal Court (the Judge) pursuant to which the respondents’ motion to enforce a settlement agreement was granted. The Court found that the parties had entered into a binding agreement to settle the underlying patent infringement action, the terms of which are set out in the appellant’s written offer to settle dated January 25, 2017. The Judge further found that the agreement covered all essential terms, and proceeded to determine the non-essential terms upon which the parties disagreed in their attempt to formalize the settlement agreement. As a result, the Judge discontinued the appellant’s action against the respondents, and ordered the appellant to pay the respondents’ motion costs in the amount of $5,000.00. (See Decision)

    Sep 15, 2019 6:07 AM

  • Amadi v. Canada (Citizenship and Immigration) - 2019 FC 1166

    The Applicants, a family of four, seek judicial review of the decision of the Refugee Appeal Division [RAD] of the Immigration and Refugee Board, dated January 9, 2019. The RAD dismissed the Applicants’ appeal of the decision of the Refugee Protection Division [RPD] which had denied their claim for refugee protection under sections 96 and 97 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 [the Act]. (See Decision)

    Sep 15, 2019 6:07 AM

  • AGT Food and Ingredients v. Canadian Pasta Manufacturers Association - 2019 FCA 229

    This is an application for judicial review of a decision of the Canadian International Trade Tribunal under the Special Import Measures Act, R.S.C. 1985, c. S-15 (SIMA) related to the injury caused to the domestic industry by the dumping and subsidizing of certain dry wheat-based pasta. (See Decision)

    Sep 15, 2019 6:07 AM

  • Qui v. Canada (Citizenship and Immigration) - 2019 FC 1162

    Yang Qui (the Principal Applicant, or PA) and her husband, Dinan Fei, applied for permanent residence under the Ontario Immigrant Nominee Program, and were initially approved by the province. However, the PA’s application was turned down by, the Immigration Officer who analyzed her file, because she did not provide the required background information that had been requested by the Officer. (See Decision)

    Sep 15, 2019 6:07 AM