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  • Using Artificial Intelligence for Demeanour Evidence

    Demeanour evidence holds a controversial role in evidence law. Centuries of common law have allowed trial judges to assess the behaviour, conduct, and mannerisms to make findings of credibility. Often these findings can be useful to judges, especially when the only evidence available on crucial determinations of fact is viva voce testimony from each side. (See full article)

    Mar 25, 2019 9:06 AM

  • Gutierrez Ortiz v. Canada (Citizenship and Immigration) - 2019 FC 339

    The Applicant, Leda Virginia Gutierrez Ortiz, is a 69-year-old citizen of Costa Rica who arrived in Canada as a visitor in February 2003. She says she left Costa Rica because she was a victim of severe family violence at the hands of her ex-partner. The Refugee Protection Division [RPD] of the Immigration and Refugee Board denied her claim for refugee protection in June 2004. Her application for a pre-removal risk assessment [PRRA] was rejected in February 2005. The Applicant then remained in Canada without status for the next 12 and a half years until she was removed in September 2017. (See Decision)

    Mar 23, 2019 11:07 AM

  • Canada (National Revenue) v. Gray - 2019 FC 352

    By Order (the “Order”) dated May 29, 2018, Mr. Darrin Gray (the “Respondent”) was found to be in contempt of the Order of the Court dated December 15, 2016 (the “Compliance Order”). That Order was sought by the Minister of National Revenue (the “Applicant”) pursuant to the provisions of the Income Tax Act, R.S.C., 1985, c. 1 (5th Supp.) (the “Act”). The Compliance Order required the Respondent to provide specified documents. He failed to do so. (See Decision)

    Mar 23, 2019 11:07 AM

  • Castillo Garcia v. Canada (Citizenship and Immigration) - 2019 FC 347

    The Applicants, Angela Castillo Garcia and her minor son, Evan Kieri Rios Castillo (Angela and Evan, ages 47 and nine, respectively), are Mexican citizens who fled Mexico in July 2016. Following their arrival in Canada, they sought refugee protection, but the Refugee Protection Division [RPD] of the Immigration and Refugee Board [IRB] rejected their claims in May 2017. (See Decision)

    Mar 23, 2019 11:07 AM

  • Gladwin Realty Corporation v. The Queen - 2019 TCC 62

    The Gladwin Realty Corporation Inc. (the “Appellant”) carries on a commercial real estate business. The Appellant’s indirect shareholders are all of the same member’s family (the “Individual Shareholders”). (See Decision)

    Mar 23, 2019 11:07 AM

  • Dong v. Canada (Citizenship and Immigration) - 2019 FC 320

    The Applicant, Yanjung Dong, challenges a decision of the Immigration Appeal Division of the Immigration and Refugee Board (IAD) which refused his appeal from the issuance of an exclusion order. Mr. Dong’s immigration difficulties stem from an admitted misrepresentation in connection with a bogus marriage from which he obtained permanent residency. (See Decision)

    Mar 23, 2019 11:07 AM

  • Younis v. Canada (Citizenship and Immigration) - 2019 FC 291

    The Applicant Nariman Younis seeks judicial review of a decision of the Citizenship Judge, dated June 7, 2018, which found that, on a balance of probabilities, she did not meet the residence requirement under paragraph 5(1)(c) of the Citizenship Act, RSC, 1985, c C-29, [the Act]. (See Decision)

    Mar 23, 2019 11:07 AM

  • Wrong Again: The PRISM Report’s Prediction of Too Many Practising Lawyers Again Collides With Reality

    In this submission we will again demonstrate that the PRISM Report’s prediction of too many practising lawyers in Ontario badly missed the mark in the first few years that it studied and that it can be expected that it will continue to do so going forward. Indeed, new years of data confirm our view that not only was the PRISM Report incorrect, but it now appears more likely that the number of new practising positions will at least match the number of new lawyers than it is that there... (See full article)

    Mar 23, 2019 9:07 AM

  • Yasun v. Canada (Citizenship and Immigration) - 2019 FC 342

    Ms. Yasun and her two minor children claimed refugee status, because she was persecuted in Turkey on the basis of her political opinions. She seeks judicial review of the dismissal of her claim. I grant her application, because the decision-maker unreasonably disregarded evidence of her psychological condition, found her not to be credible and found that certain aspects of her claim were implausible. (See Decision)

    Mar 22, 2019 11:07 AM

  • Wilson v. Canada (Attorney General) - 2019 FCA 49

    Mr. Wilson applies for judicial review of the decision rendered on March 28, 2018 by the Appeal Division of the Social Security Tribunal of Canada (Appeal Division). The General Division of the Social Security Tribunal (General Division) had concluded that the applicant’s pension from his trade union constituted earnings to be deducted from his sickness benefits, and the Appeal Division found no error in that decision. (See Decision)

    Mar 22, 2019 11:07 AM

  • Karim v. Canada (Citizenship and Immigration) - 2019 FC 336

    Mr. Karim, a citizen of Bangladesh, seeks judicial review of the denial of his application for a pre-removal risk assessment [PRRA]. I am dismissing his application, as the decision of the PRRA officer was reasonable. (See Decision)

    Mar 22, 2019 11:07 AM

  • Burgos Hernandez v. Canada (Citizenship and Immigration) - 2019 FC 343

    The Applicant, Delmy Leticia Burgos Hernandez, is a 55-year-old citizen of El Salvador who arrived in Canada from the United States on August 9, 2017. Upon arrival, she claimed refugee protection on the basis that her life was threatened by the Mara Salvatrucha gang. In a decision dated November 24, 2017, the Refugee Protection Division [RPD] of the Immigration and Refugee Board rejected her claim, the determinative issue being the availability of an internal flight alternative [IFA]. The Applicant has now applied under subsection 72(1) of the Immigration and Refugee Protection Act, SC 2001, c 27, for judicial review of the RPD’s decision. She asks the Court to set aside the decision and return the matter for redetermination by another member of the RPD. (See Decision)

    Mar 22, 2019 11:07 AM

  • Adamidis v. Canada (Attorney General) - 2019 FC 331

    The Applicant, Mr. Harry Denis Adamidis, seeks judicial review of a decision (Decision) of the Director General, Integrated Resource Management, of the Immigration and Refugee Board of Canada (IRB) confirming her denial of his classification grievance upon initial examination. The application for judicial review is brought pursuant to section 18.1 of the Federal Courts Act, RSC 1983, c F-7. (See Decision)

    Mar 22, 2019 11:07 AM

  • Warner v. Canada - 2019 FC 329

    This motion for summary judgment dismissing the Plaintiff’s claim will be granted on the basis that the claim is statute barred. (See Decision)

    Mar 22, 2019 11:07 AM

  • Federal Budget 2019 Employment and Payroll Related Measures

    On March 19, 2019, the federal government tabled its election budget, the 2019-20 budget. The budget expects a deficit of $14.9 billion for fiscal 2018-2019 and forecasts deficits of $19.8 billion for 2019-2020 and $19.7 billion for fiscal 2020-2021. The budget does not include any personal or corporate tax rate changes; however, the budget does include measures of interest to employers and payroll (some paraphrase included): (See full article)

    Mar 22, 2019 9:06 AM

  • Feher et al v. Canada (Public Safety and Emergency Preparedness) - 2019 FC 335

    These applications for judicial review involve a constitutional challenge to a part of the Designated Countries of Origin [DCO] regime established under the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA]. This Court has previously determined that one aspect of this regime withstands constitutional scrutiny. Other cases have found that the differential treatment of refugee claimants from a DCO is inconsistent with the Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11 [Charter]. (See Decision)

    Mar 21, 2019 11:07 AM

  • Adebayo v. Canada (Immigration, Refugees and Citizenship) - 2019 FC 330

    The Applicants seek judicial review of the July 24, 2018 decision of the Refugee Appeal Division [RAD], which confirmed the decision of the Refugee Protection Division [RPD]. The RPD had found that the Applicants are not Convention refugees or persons in need of protection under sections 96 and 97 of the Immigration and Refugee Protection Act, SC 2001, c 27 [the Act] because of their lack of credibility and because that they had a reasonable Internal Flight Alternative [IFA]. (See Decision)

    Mar 21, 2019 11:07 AM

  • Zatreanu v. Canada (Citizenship and Immigration) - 2019 FC 332

    The Applicants, a husband, wife and their minor daughter, are Roma. Formerly from Romania, they became citizens of Ireland in 2010 having made successful refugee claims there in December 2002. The husband and wife were born in Romania. Their minor daughter was born in Ireland. The parents also have three sons who are not part of this application but who lived with them in Ireland and received Irish Citizenship. (See Decision)

    Mar 21, 2019 11:07 AM

  • Mior v. Canada (Attorney General) - 2019 FC 322

    The Applicant, Jacqueline Mior, seeks judicial review of the decision by the Minister of National Revenue [the Minister], dated March 22, 2018, refusing to exercise discretion pursuant to subsection 220(3.1) of the Income Tax Act, RSC 1985, c 1 (5th Supp) [the ITA] to cancel or waive the gross negligence penalty previously assessed against the Applicant [the Decision]. The Decision was made by a delegate of the Minister, a Canada Revenue Agency [CRA] officer. (See Decision)

    Mar 21, 2019 11:07 AM

  • Hlubi v. Canada (Citizenship and Immigration) - 2019 FC 333

    Siceliwe Tenhlanhla Hlubi [the Applicant] seeks judicial review of a decision of the Refugee Protection Division [RPD], dated June 20, 2018, which found that she is not a Convention refugee or a person in need of protection as described in sections 96 and 97 of the Immigration and Refugee Protection Act, SC 2001 c 27. (See Decision)

    Mar 21, 2019 11:07 AM

  • Mior v. Canada (Attorney General) - 2019 FC 321

    The Applicant, James Mior, seeks judicial review of the decision by the Minister of National Revenue [the Minister], dated March 22, 2018, refusing to exercise discretion pursuant to subsection 220(3.1) of the Income Tax Act, RSC 1985, c 1 (5th Supp) [the ITA] to cancel or waive the gross negligence penalty previously assessed against the Applicant [the Decision]. The Decision was made by a delegate of the Minister, a Canada Revenue Agency [CRA] officer. (See Decision)

    Mar 21, 2019 11:07 AM

  • Yovel v. Canada (Citizenship and Immigration) - 2019 FC 310

    This is an application for judicial review of the decision made on August 1, 2018, by an officer of the Humanitarian Migration Office of Immigration, Refugees and Citizenship Canada [the Officer], which rejected the Applicant’s application for permanent residence on humanitarian and compassionate [H&C] grounds. (See Decision)

    Mar 21, 2019 11:07 AM

  • Beros v. Canada (Citizenship and Immigration) - 2019 FC 325

    Mr. Beros applies for the stay of his removal from Canada, scheduled for March 18, 2019. The respondent Minister asks the Court to decline to hear that motion, because it has been brought too late. For the following reasons, I agree with the Minister and I decline to hear this motion. (See Decision)

    Mar 21, 2019 11:07 AM

  • Habte v. Canada (Citizenship and Immigration) - 2019 FC 327

    This is an application for judicial review by Yohannes Berhane Habte [the “Applicant”] in respect of a decision [“Decision”] of a visa officer [the “Officer”] in refusing the Applicant’s application for permanent residence as a member of the Convention Refugees Abroad class. The Officer further held that the Applicant was not a member of the Humanitarian-Protected Persons Abroad designation class pursuant to section 16 and section 96 of the Immigration and Refugee Protection Act, SC 2001, c 27 [“IRPA”]. (See Decision)

    Mar 21, 2019 11:07 AM

  • Verbanov v. Canada (Public Safety and Emergency Preparedness) - 2019 FC 324

    Mr. Iurii Verbanov seeks judicial review of a removal order issued by the Immigration Appeal Division (IAD) on May 14, 2018. The IAD found that there were reasonable grounds to believe that Mr. Verbanov made a voluntary, significant and knowing contribution to the crimes against humanity committed by the Moldovan police and issued a removal order against him pursuant to subsection 67(2) of the Immigration and Refugee Protection Act, SC 2001, c 27 [the Immigration Act] and paragraph 229(1)(b) of the Immigration and Refugee Protection Regulations, SOR/2002-227 [the Immigration Regulations]. (See Decision)

    Mar 21, 2019 11:07 AM

  • Identity Management and Trust Services at UNCITRAL

    A few years ago, the United Nations Commission on International Trade Law (UNCITRAL) was reported here to be considering a project on identity management and trust services. That report outlined some of the legal and practical issues that these matters raise, and some of the options for going forward. (See full article)

    Mar 21, 2019 9:07 AM

  • The Road to Automated & Connected Cars Is Not a Straight One

    It seems that everyone is doing studies or adopting positions on automated/connected cars these days. That is understandable given the potential ramifications on subjects including safety, ability to function in adverse weather, infrastructure, traffic, public transit, cybersecurity, data volumes, privacy, liability, insurance, ethics, and jobs. (See full article)

    Mar 21, 2019 9:06 AM

  • Mohammed v. Canada (Immigration, Refugees and Citizenship) - 2019 FC 326

    The Applicants seek judicial review of a decision rendered on July 11, 2016 by a visa officer (the Officer) stationed at the Canadian embassy in Rome, Italy. The Officer rejected Mr. Ayoob Haji Mohammed’s permanent residence application on the basis that there were reasonable grounds to believe he was a member of the East Turkistan Islamic Movement (the Movement). Mr. Mohammed was thus found to be inadmissible under paragraphs 34(1)(c) and (f) of the Immigration and Refugee Protection Act, SC 2001, c 27 [the Act]. (See Decision)

    Mar 20, 2019 11:07 AM

  • CUSMA/USMCA: The Poison Pills Revisited – a Scorecard

    On November 30th, 2018, 16 months after the start of negotiations, the leaders of Canada, Mexico and the United States signed the Canada United States-Mexico-Agreement (“CUSMA”) or the United States-Mexico-Canada Agreement (“USMCA”)[1]. Signed on the margins of the G-20 Summit in Buenos Aires, the agreement is made up of 34 chapters and a dozen side letters. Ironically, it does not include the word “trade” in its title. (See full article)

    Mar 20, 2019 9:07 AM

  • A Tale About Rehiring a Sexual Harasser: Who Wins and Loses?

    Today’s “#metoo” climate and questions about when someone who has been accused of sexual misconduct, although not convicted of it, should be allowed back into the public sphere (to direct films, do comedy routines, assume an executive role in business or whatever) has been much in the media recently. Although not explicitly, a recent decision of the Ontario Court of Appeal tells us that even if the impact of someone’s return might have significant impact on a... (See full article)

    Mar 20, 2019 9:06 AM