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Case Law

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  • De Sousa v. Canada (Citizenship and Immigration) - 2019 FC 818

    The three applicants in this case constitute a young family that came to Canada in 2012. They gained access to Canada through visitor visas. However, their intention was quite different from being merely visitors. The record shows that the principal applicant, Joao Henrique Silveira De Sousa, established in June 2012 his own roofing enterprise, two months after he had arrived in this country. (See Decision)

    Jun 19, 2019 10:07 AM

  • Adnan v. Canada (Citizenship and Immigration) - 2019 FC 819

    This is a judicial review application made pursuant to Section 72 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 [the Act] concerning a decision of the Refugee Appeal Division [RAD] of October 12, 2018. The decision under review is with respect to an appeal from a decision of the Refugee Protection Division [RPD] (November 30, 2016). The decision under review found that Mr. Adnan is not a refugee or a person in need of protection (Sections 96 and 97 of the Act). (See Decision)

    Jun 19, 2019 10:07 AM

  • Rahman v. Canada (Public Safety and Emergency Preparedness) - 2019 FC 807

    The Applicant, a citizen of Bangladesh, seeks judicial review of a decision by the Immigration Division (ID) Officer of the Immigration and Refugee Board finding him inadmissible to Canada on security grounds. For the reasons that follow this judicial review is dismissed as the Officer undertook the proper analysis, based his findings on the evidence, and made a reasonable decision. There are no grounds for this Court to intervene. (See Decision)

    Jun 19, 2019 10:07 AM

  • Li v. Canada (Public Safety and Emergency Preparedness) - 2019 FC 797

    The Applicant, Ms. Xue Li, seeks judicial review of the Immigration Appeal Division’s [IAD] decision to dismiss her applications for (1) a remedy for alleged abuse of process arising from conduct of the Minister of Public Safety and Emergency Preparedness [Minister] in prosecuting Ms. Li’s admissibility case, and (2) disclosure of certain documents pertaining to her abuse of process application. (See Decision)

    Jun 19, 2019 10:07 AM

  • What We Know About the Impact of the Cuts to Community Legal Clinics’ Funding: Are They Prologue to More Dramatic Change?

    The impact of the Ford government’s 30% cut to legal aid has now been made explicit and that impact is to pare down the clinics’ contributions to access to justice. The cuts to the criminal justice system are important, but it is also crucial to understand how the cuts to the clinics affect those living in poverty in their everyday lives. (For the impact of cuts in other areas, see Legal Aid Ontario’s announcement.) (See full article)

    Jun 19, 2019 8:06 AM

  • Ontario Lottery and Gaming Corporation v. Mississaugas of Scugog Island First Nation - 2019 FC 813

    Ontario Lottery and Gaming Corporation [OLG] seeks judicial review of a decision of the First Nations Tax Commission [the Commission], which approved a law made by the Mississaugas of Scugog Island First Nation [the First Nation] imposing a fee for the sewer and waste water treatment services for a casino operated by OLG. In a nutshell, OLG argues that the fee imposed lacks a nexus with the projected cost of the service and that the report provided by the First Nation to justify the fee is not supported by adequate financial data. (See Decision)

    Jun 18, 2019 10:07 AM

  • Popov v. Canada (Attorney General) - 2019 FCA 177

    The applicant, Mr. Alexandre Popov, seeks judicial review of a decision of the Public Service Labour Relations and Employment Board (the Board) dated May 31, 2018 (2018 FPLREB 49), which dismissed his application for an extension of time to refer a grievance to the Board for adjudication under paragraph 61(b) of the Federal Public Sector Labour Relations Regulations, SOR/2005-79 [Regulations]. (See Decision)

    Jun 18, 2019 10:07 AM

  • Meyer v. The Queen - 2019 TCC 131

    Mr. Meyer is appealing an assessment made under the Income Tax Act (“ITA”) and the Employment Insurance Act (“EI Act”) which determined that he was required to repay a portion of the employment insurance benefits paid to him in 2017. The amount to be repaid was $1,449.90. (See Decision)

    Jun 18, 2019 10:07 AM

  • Bordonaro v. The Queen - 2019 TCC 130

    The Appellant, Alessandro Bordonaro, is appealing net worth assessments issued by the Minister of National Revenue (the “Minister”) under the Income Tax Act (R.S.C. 1985, c. 1 (5th Supp.), as amended) (the “Act”) for his 2008, 2009 and 2010 taxation years. The Minister reassessed Mr. Bordonaro to add the following unreported amounts to his income: $48,628 for the 2008 taxation year, $57,087 for the 2009 taxation year and $42,178 for the 2010 taxation year. Late‑filing penalties as well as gross negligence penalties under subsection 163(2) of the Act were also assessed by the Minister. (See Decision)

    Jun 18, 2019 10:07 AM

  • New Proposed Cannabis Regulations

    This week, Health Canada announced the new amendments to the Cannabis Regulations, which set rules governing for the legal production and sale of edible cannabis, cannabis extracts and cannabis topicals. The amended regulations will come into force on October 17, 2019, but will not be available to Canadians until mid-December 2019, due to the 60-day notice requirement for all federal license holders. (See full article)

    Jun 17, 2019 8:06 AM

  • The Fight Over Rules As Code

    Pia Andrews is the Executive Director of Digital Government for the Department of Finance, Services and Innovation of the Government of New South Wales in Australia. She is a self-described open data and open government “ninja.” (See full article)

    Jun 16, 2019 6:07 AM

  • Friday Jobs Roundup

    Each Friday, we share the latest job listings from Slaw Jobs, which features employment opportunities from across the country. Find out more about these positions by following the links below, or learn how you can use Slaw Jobs to gain valuable exposure for your job ads, while supporting the great Canadian legal commentary at Slaw.ca. (See full article)

    Jun 16, 2019 6:07 AM

  • Workplace Culture That Includes Racism Is Very Costly for Employer

    Recently, a Nova Scotia Human Rights Board of Inquiry awarded a record $593,417 in damages, including $105,650 for injury to dignity and $433,077 for wage loss, to a former Halifax transit worker employed as a mechanic who suffered racial harassment and discrimination at work. (See full article)

    Jun 16, 2019 6:07 AM

  • Tearlab Corporation v. I-MED Pharma Inc. - 2019 FCA 179

    The appellant TearLab Corporation (TearLab) appeals from a judgment of the Federal Court (Manson J.) dated February 12, 2018 (Reasons), which dismissed TearLab’s action for infringement against the respondent I-MED Pharma Inc. (I-MED) with respect to Canadian Patent No. 2,494,540 (the ‘540 Patent). The Federal Court held that I-MED infringed certain claims of the ‘540 Patent, but that these claims were invalid due to anticipation and obviousness. (See Decision)

    Jun 15, 2019 10:07 AM

  • Ghirme v. Canada (Public Safety and Emergency Preparedness) - 2019 FC 805

    In July 2017, the Applicant Tekle Kefle Ghirme, a citizen of Eritrea, filed a refugee claim. After interviewing the Applicant, an Enforcement Officer (the “Officer”) with the Canada Border Services Agency (“CBSA”) prepared a report under section 44(1) of the Immigration and Refugee and Protection Act, SC 2001 c 27 (“IRPA”) finding that the Applicant is inadmissible to Canada under s. 35(1)(a) of the IRPA. Section 35(1)(a) of the IRPA establishes that a foreign national is inadmissible to Canada on grounds of violating human or international rights for committing an offence in sections 4 to 7 of the Crimes Against Humanity and War Crimes Act, SC 2000, c 24. (See Decision)

    Jun 15, 2019 10:07 AM

  • A Better Alternative to Family Law Rules of Arbitration

    I spent a fair amount time in early 2018 drafting a set of rules for the arbitration of family law cases. This was motivated, firstly, by provisions of British Columbia’s Arbitration Act that require the use of certain commercial arbitration rules unless the parties agree otherwise, and, secondly, by the benefit of creating rules specifically tailored for family law disputes. Although the rules I drafted are written in plain language and cover hearing from children, mandatory... (See full article)

    Jun 15, 2019 8:06 AM

  • Kooner v. Canada (Citizenship and Immigration) - 2019 FC 806

    This is an application for judicial review brought under subsection 72(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA] for a decision rendered by the Immigration and Refugee Board, Immigration Division [ID] regarding the inadmissibility of the Applicant under paragraph 36(1)(a) of the IRPA. (See Decision)

    Jun 14, 2019 10:07 AM

  • Thornton v. Canada (Citizenship and Immigration) - 2019 FC 792

    The Applicant, Aisha Thornton, seeks judicial review of a Senior Immigration Officer’s [Officer] decision dated June 28, 2018, dismissing her application for a pre-removal risk assessment [PRRA]. (See Decision)

    Jun 14, 2019 10:07 AM

  • Williams v. Payette - 2019 FC 800

    By Statement of Claim issued on June 22, 2018, Minister David Williams (the “Plaintiff”) commenced an action against the following individuals, purportedly in their “private capacities”: (See Decision)

    Jun 14, 2019 10:07 AM

  • Shea v. Canada (Attorney General) - 2019 FC 787

    Timothy Shea [Mr. Shea] seeks judicial review of a decision by Christine Fortin, a Team Leader with the Taxpayer Relief Division at the Shawinigan Taxation Centre [the Minister’s delegate] of the Canada Revenue Agency [CRA]. The Minister’s delegate communicated her decision to Mr. Shea in a letter dated April 7, 2017 [the Decision]. The Decision partially allowed Mr. Shea’s reconsideration request for taxpayer relief from penalties and interest with respect to his 2003-2010 taxation years. (See Decision)

    Jun 14, 2019 10:07 AM

  • Rooke v. Canada (Health) - 2019 FC 765

    Joseph Stephen Rooke seeks to appeal an order of Prothonotary Mireille Tabib dated March 4, 2019 (Rooke v Canada (Attorney General), 2019 FC 730). Mr. Rooke, who is self-represented, applied to have an action for unpaid dental expenses certified as a class proceeding with himself as the representative plaintiff. Prothonotary Tabib refused, holding that a litigant may commence a proposed class proceeding only if he is represented by a lawyer or if the Court, in special circumstances, orders otherwise. She also refused his request for reimbursement of the filing fee he paid to commence the action, and his demand that she recuse herself on the ground of alleged bias. (See Decision)

    Jun 14, 2019 10:07 AM

  • Beasse v. Canada - 2019 FC 768

    The Plaintiff, Robin Beasse, has brought a Motion for summary trial against the Defendant, the Canadian Coast Guard (“CCG”), for the loss of his wooden tugboat built in 1902 called the Elf. On January 14, 2014, the Elf sunk in the Squamish harbour, British Columbia (the “First Sinking”). The CCG raised the Elf and determined that, to protect the environmentally sensitive area, it had to be towed to a salvage yard for further inspection. The CCG hired a tow to take the Elf to a shipyard. The Elf sank again in deep water (the “Second Sinking”) on January 17, 2014 near Point Atkinson, British Columbia. (See Decision)

    Jun 14, 2019 10:07 AM

  • Over 50 Justice Organizations Agree to a Common Access to Justice Goal That Puts User Experience at the Centre

    Jun 14, 2019 8:06 AM

  • Jim Shot Both Sides v. Canada - 2019 FC 789

    Jim Shot Both Sides v. Canada (See Decision)

    Jun 13, 2019 10:07 AM

  • Mediatube Corp. v. Bell Canada - 2019 FCA 176

    The appellant, MediaTube Corp., appeals from the judgment dated January 4, 2017 of the Federal Court (per Locke J.): 2017 FC 6. (See Decision)

    Jun 13, 2019 10:07 AM

  • Canada (Attorney General) v. Fabrikant - 2019 FCA 174

    The Attorney General has brought an application for a declaration that Dr. Fabrikant is a vexatious litigant. (See Decision)

    Jun 13, 2019 10:07 AM

  • Shaka v. Canada (Citizenship and Immigration) - 2019 FC 798

    On August 15, 2017, the applicant and his brother presented themselves at the Cornwall, Ontario Port of Entry. Both are citizens of Burundi. Both had been in the United States on student visas. Both said they were now seeking refugee protection in Canada. Their grounds for seeking protection were essentially the same. From that point on, however, their respective claims for protection took very different paths. (See Decision)

    Jun 13, 2019 10:07 AM

  • AIL International Inc. v. Canadian Energy Services L.P. - 2019 FC 795

    This is an appeal under section 56 of the Trade-marks Act, RSC 1985, c T-13 [the Act] by the Applicant, AIL International Inc. [AIL] from a decision by the Registrar of Trade-marks [the Registrar] dated January 16, 2017. The Registrar rejected AIL’s opposition to the registration of the trademark SUPERCORR by the Respondent, Canadian Energy Services L.P. [CES]. (See Decision)

    Jun 13, 2019 10:07 AM

  • Carter v. Canada (Privacy Commissioner) - 2019 FC 783

    Mr. Carter brings this application to review a decision of the Privacy Commissioner of Canada [the Commissioner] pursuant to section 41 of the Privacy Act, RSC 1985, c P-21, and Rule 18.1 of the Federal Courts Act, RSC 1985 c F-7. (See Decision)

    Jun 13, 2019 10:07 AM

  • Worku v. Canada (Citizenship and Immigration) - 2019 FC 784

    The Applicant is a national of Ethiopia who seeks judicial review of a decision of the Refugee Appeal Division (RAD) dated September 5, 2018, which upheld the denial of his refugee claim by the Refugee Protection Division (RPD). This is the second reconsideration of the Applicant’s appeal from the RPD decision. A judicial review of the first RAD decision was granted by this Court in Worku v Canada (Citizenship and Immigration), 2017 FC 887 [Worku]. (See Decision)

    Jun 13, 2019 10:07 AM