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Case Law

  • C.D. Howe Institute Commentary

    Issues #495 (November 2017) and #493 (October 2017) of publication C.D. Howe Institute Commentary are now available

    Jan 9, 2018 11:32 AM

  • C.D. Howe Institute Commentary

    Issues #494 (October 2017), #492 (September 2017) and #491 (September 2017) of publication C.D. Howe Institute Commentary are now available

    Jan 2, 2018 8:43 AM

  • FRANK WILLIAMSv. Canada (Public Safety and Emergency Preparedness) - 2017 FCA 252

    Mr. Williams appeals from the order dated February 24, 2017 of the Federal Court (per McDonald J.): 2017 FC 234. The Federal Court dismissed a summary judgment motion brought by Mr. Williams in an action he has started. (See Decision)

    Dec 30, 2017 11:06 AM

  • Noethe v. City of Vaughan - 2016 ONSC 8153

    Mr Noethe moves to stay the tax sale of his commercial condominium at Unit 4, 260 Regina Road, Woodbridge, Ontario (the “Property”), and related relief, including: (See Decision)

    Dec 29, 2017 11:06 PM

  • ENCI HUANG v. Canada (Citizenship and Immigration) - 2017 FC 1193

    This is the judicial review of a Refugee Appeal Division [RAD] decision confirming that the Applicant was neither a refugee nor a person in need of protection. (See Decision)

    Dec 29, 2017 11:06 AM

  • ARMEL SIMBIZI and MARLENE KAGARI v. Canada (Public Safety and Emergency Preparedness) - 2017 CF 1153

    This is an application for judicial review, pursuant to subsection 72(1) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 [IRPA], of a decision rendered by the Canada Border Services Agency [CBSA] on January 3, 2017 finding that the Applicants are not exempt from the Safe Third Country Agreement [STCA], and are therefore ineligible under paragraph 101(1)(e) of the IRPA to claim Convention refugee status in Canada [Decision]. At the close of the hearing on November 23, 2017, I granted the application for judicial review and ordered the matter be re-determined by a different officer. I specified that reasons for my decision would follow. These are my reasons. (See Decision)

    Dec 29, 2017 11:06 AM

  • Csaba Orosz v. Canada (Citizenship and Immigration) - 2017 FC 1189

    This is an application for judicial review by Csaba Orosz (the “Applicant”) pursuant to subsection 72(1) of the Immigration and Refugee Protection Act, c 27 (“IRPA”). The Applicant applied for permanent residence from within Canada on humanitarian and compassionate (“H&C”) grounds, which was denied by a Senior Immigration Officer (the “Officer”) by way of a decision (the “Decision”) dated May 3, 2017. In denying the claim, the Officer considered two H&C factors: establishment, and the risk of discrimination should the Applicant return to Hungary. (See Decision)

    Dec 28, 2017 11:06 AM

  • Sara Hamdy Nass Fouda et Al v. Canada (Immigration, Refugees, and Citizenship) - 2017 FC 1176

    This is an application for judicial review of a decision of the Immigration Appeal Division (“IAD”) of the Immigration and Refuge Board of Canada, dated May 31, 2017. The IAD denied the appeal of the Applicants, made pursuant to s 63(3) of the Immigration and Refugee Protection Act, SC 2001, c 27 (“IRPA”) and which was based on humanitarian and compassionate (“H&C”) grounds, concerning the removal order issued against them as a result of their failure to meet the permanent resident obligations of the IRPA. (See Decision)

    Dec 28, 2017 11:06 AM

  • Purdy v. Bishop - 2017 NSCA 84

    Bruce and Frances Purdy appeal a decision of the Honourable Justice A. David MacAdam that the respondent cottage owners have a right-of-way over the Purdy property to the shore of the Northumberland Strait, (2015 NSSC 364). (See Decision)

    Dec 27, 2017 11:06 PM

  • Neptune Service Ltd v. The Queen - 2017 TCC 248

    Neptune Service Ltd. has brought a motion to amend its notice of appeal. The notice of appeal appeals an income tax assessment issued on July 30, 2014 and confirmed on October 28, 2015 (the “Income Tax Assessment”). Neptune wants to amend the notice of appeal to include a related EI / CPP assessment issued on July 15, 2014 and confirmed on May 28, 2015 (the “EI / CPP Assessment”). The Respondent opposes the motion. For the reasons that follow, the motion is denied. (See Decision)

    Dec 23, 2017 11:06 AM

  • R. v. Boutilier - 2017 SCC 64

    The appellant, Mr. Boutilier, challenges the constitutional validity of s. 753(1) and (4.1) of the Criminal Code, R.S.C. 1985, c. C-46 , two provisions at the core of the dangerous offender regime, under ss. 7 and 12 of the Canadian Charter of Rights and Freedoms . (See Decision)

    Dec 22, 2017 11:06 AM

  • Alvarez v. Canada (Citizenship and Immigration) - 2017 FC 1177

    This application for judicial review challenges a decision of the Refugee Appeal Division [RAD] whereby the Applicants were denied relief from a negative decision of the Refugee Protection Division [RPD]. (See Decision)

    Dec 22, 2017 11:06 AM

  • Leahy v. Canada (Justice) - 2017 FCA 246

    The appellant filed a notice of application in the Federal Court which sought: (See Decision)

    Dec 22, 2017 11:06 AM

  • Boroumend v. Canada - 2017 FCA 245

    The appellant taxpayer was reassessed under the Income Tax Act, R.S.C., 1985, c. 1 (5th Supp.) on August 25, 2008, in respect of the 2003 and 2004 taxation years. On March 14, 2016, the appellant filed a notice of appeal from the reassessment in the Tax Court of Canada. The respondent Crown then moved to quash the appeal arguing that, because a notice of confirmation was sent to the appellant on October 29, 2009, confirming the reassessments, the appeal was filed out of time and the last day on which a request for an extension of time in which to file the notice of appeal could have been made was January 27, 2011. (See Decision)

    Dec 22, 2017 11:06 AM

  • Deloitte & Touche v. Livent Inc. (Receiver of) - 2017 SCC 63

    This appeal provides the Court with an opportunity to affirm the analytical framework by which liability may be imposed in cases of negligent misrepresentation or performance of a service by an auditor. (See Decision)

    Dec 21, 2017 11:06 AM

  • Canada (Attorney General) v. Shakov - 2017 FCA 250

    This is an appeal brought by the Attorney General of Canada from the judgments of the Federal Court (per Tremblay-Lamer, J.) in Oleg Shakov v. Attorney General of Canada, 2015 FC 1416 in which the Federal Court allowed two applications for judicial review from the decision of the Public Service Commission (the PSC) issued November 3, 2014 (2014-089-IB). In the decision in question, the PSC revoked the term appointment of the respondent, Oleg Shakov, to the position of Director of the International Programs Division of the respondent Office of the Commissioner for Federal Judicial Affairs (the FJA), removed the authority of the respondents, Marc Giroux and Nikki Clemenhagen, to make further appointments and ordered that they undergo remedial staffing training. (See Decision)

    Dec 21, 2017 11:06 AM

  • Chen v. Canada (Citizenship and Immigration) - 2017 FC 1171

    This is an application under subsection 22.1 (1) of the Citizenship Act, RSC, 1985, c C-29 [the Act] for a writ of mandamus pursuant to section 18.1 of the Federal Courts Act, RSC 1985, c F-7. The Applicant seeks to compel the Respondent to process her citizenship application. (See Decision)

    Dec 21, 2017 11:06 AM

  • A.B. v. Canada (Citizenship and Immigration) - 2017 FC 1170

    The Applicant has applied for judicial review of a decision (“Decision”) of the Immigration Appeal Division (“IAD”) of the Immigration and Refugee Board, dated May 5, 2017, upholding an immigration officer’s decision to deny permanent resident visas to her parents. The officer denied the visas after the Applicant’s father, Mr. A.B., was found to be medically inadmissible to Canada. This application is brought pursuant to subsection 72(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 (“IRPA”). (See Decision)

    Dec 21, 2017 11:06 AM

  • Bell Canada and Bell Media Inc. v. Canada (Attorney General) - 2017 FCA 249

    This is a consolidation of two statutory appeals under subsection 31(2) of the Broadcasting Act, S.C. 1991, c. 11. The appellants, Bell Canada and Bell Media Inc. (Bell) and the National Football League, NFL International LLC, and NFL Productions LLC (NFL), appeal an order of the Canadian Radio-television and Telecommunications Commission (CRTC) by which the CRTC excluded the Super Bowl from the simultaneous substitution regime (Broadcasting Regulatory Policy CRTC 2016-334 (Final Decision) and Broadcasting Order CRTC 2016-335 (Final Order)). (See Decision)

    Dec 21, 2017 11:06 AM

  • Liao v. Canada (Citizenship and Immigration) - 2017 FC 1163

    The Applicant, Mr. Liao, is a citizen of China who claims to be a practitioner of Falun Gong. Shortly after his arrival in Canada he sought refugee protection based on his fear of persecution in China, as a result of his pursuit of Falun Gong practices. (See Decision)

    Dec 21, 2017 11:06 AM

  • Jesuthasan v. Canada (Citizenship and Immigration) - 2017 FC 1160

    The Applicant spouses, Kirupaithasan Jesuthasan and Juliat Valantina Antony, seek judicial review of a visa officer’s decision made on February 23, 2017, determining that Mr. Jesuthasan was inadmissible to Canada under paragraph 34(1)(f) of the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA]. (See Decision)

    Dec 21, 2017 11:06 AM

  • Geng v. Canada (Public Safety and Emergency Preparedness) - 2017 FC 1155

    Ms. Geng [the Applicant] seeks judicial review of the August 5, 2016 Minister’s delegate [MD] decision under s. 44(2) of the Immigration and Refugee Protection Act [IRPA] referring her for an admissibility hearing before the Immigration Division [ID]. The MD concluded that the Applicant had misrepresented the number of days she was in Canada in her October 2008 application to renew her permanent resident card [PRC]. (See Decision)

    Dec 21, 2017 11:06 AM

  • Tallon v. The Queen - 2017 TCC 244

    This is an appeal by Trudy Tallon from the disallowance by the Minister of National Revenue (the “Minister”) of her medical expense tax credits (“METC”) claimed with respect to travel expenses incurred by her and her spouse in the 2012, 2013 and 2014 taxation years. (See Decision)

    Dec 21, 2017 11:06 AM

  • Farid v. Canada - 2017 FCA 247

    The appellants appeal from the judgment dated February 7, 2017 of the Federal Court (per St-Louis J.): 2017 FC 143. The Federal Court dismissed the appellants’ action with costs. (See Decision)

    Dec 21, 2017 11:06 AM

  • Tree-Techol Tree Technology and Research Company Inc. v. VIA Rail Canada Inc. - 2017 ONCA 894

    The moving party, the non-party in the litigation moved before the chambers judge for directions: that the costs order of the Court of Appeal and the costs order of Justice Gordon be payable within thirty(30) days of the date on which the appeal of this matter was heard. (See Decision)

    Dec 20, 2017 11:06 PM

  • Gao v. Canada (Citizenship and Immigration) - 2017 FC 1156

    The Applicants, a husband, wife and their daughter, all citizens of China, seek judicial review of the decision of the Refugee Appeal Division of the Immigration and Refugee Board [RAD] dated May 25, 2017, which confirmed the decision of the Refugee Protection Division [RPD] and refused their claims for refugee protection under sections 96 and 97 of the Immigration and Refugee Protection Act, SC 2001 c 27 [the Act]. (See Decision)

    Dec 20, 2017 11:06 AM

  • Groscki v. The Queen - 2017 TCC 249

    Both these appeals concern the Appellant’s, Mr. Groscki’s, 2003 taxation year. However, they comprise two quite distinct assessments within that single year. (See Decision)

    Dec 20, 2017 11:06 AM

  • Khansary v. Canada (Public Safety and Emergency Preparedness) - 2017 FC 1146

    This is an application for judicial review pursuant to section 72(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA] of a negative Pre-Removal Risk Assessment [PRRA] decision by a PRRA Officer [the Officer], made on March 27, 2017, finding that the Applicant is not a Convention refugee nor a person in need of protection in the meaning of sections 96 and 97 of the IRPA. The Applicant is seeking an order quashing the decision of the Officer and remitting the matter back for a redetermination by a different officer. (See Decision)

    Dec 19, 2017 11:18 AM

  • Hussain v. Canada (Citizenship and Immigration) - 2017 FC 1149

    Mr. Hussain is a citizen of Pakistan who faces removal from Canada to Pakistan. He brings this application under subsection 72(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA] seeking review of the negative decision rendered on his application for a Pre-Removal Risk Assessment [PRRA]. (See Decision)

    Dec 19, 2017 11:18 AM

  • Ehondor v. Canada (Citizenship and Immigration) - 2017 FC 1143

    This is an application by the first named Applicant [the first Applicant] and her 5-year-old daughter [collectively, the Applicants] pursuant to section 72(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 [the IRPA], for judicial review of a decision made by the Refugee Appeal Division of the Immigration and Refugee Board [the RAD], dated May 12, 2017, dismissing the Applicants’ appeal of the decision of the Refugee Protection Division [RPD] that the Applicants are not Convention Refugees or persons in need of protection [the Decision]. (See Decision)

    Dec 19, 2017 11:18 AM