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Case Law

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  • Montreal’s Reopening of Retail Businesses: An Occupational Health and Safety Update

    The Government of Quebec has announced the lifting of restrictions for retail businesses within the Montréal Metropolitan Community that are not considered essential. Businesses falling within this category may reopen as of May 25, 2020 (Reopening). (See Article)

    May 27, 2020 6:32 PM

  • Adelusi v. Canada (Citizenship and Immigration) - 2020 FC 638

    This is an application for judicial review of a decision made on February 14, 2019 by the Refugee Appeal Division [RAD] of the Immigration and Refugee Board in which it found that the Applicant was not a Convention refugee or a person in need of protection [Decision]. (See Decision)

    May 27, 2020 2:07 PM

  • Adeleye v. Canada (Citizenship and Immigration) - 2020 FC 640

    The applicants seek judicial review of the dismissal of their claim for asylum. They argue that the decision-maker unreasonably discounted their evidence for what it did not say and that in doing so, it made what amounts to a negative credibility finding without valid reason. I am dismissing their application, as the decision-maker did not impugn their credibility, but rather found that their evidence was insufficient. The applicants have not demonstrated that this assessment is unreasonable. (See Decision)

    May 27, 2020 2:07 PM

  • Canada (Attorney General) v. First Nations Child and Family Caring Society of Canada - 2020 FC 643

    In Canada (Attorney General) v First Nation Child and Family Caring Society of Canada, 2019 FC 1529 [Motions Decision], I denied motions brought by the Attorney General of Canada [AGC] and First Nations Child and Family Caring Society of Canada [Caring Society]. The AGC’s motion sought a stay of a compensation order [Compensation Order] issued by the Canadian Human Rights Tribunal [CHRT] while the Caring Society’s motion sought to hold in abeyance or stay the application for judicial review brought by the AGC concerning the CHRT’s Compensation Order. (See Decision)

    May 27, 2020 2:07 PM

  • Canada bans assault weapons

    Report on Supply Chain Compliance 3, no. 10 (May 14, 2020 - On May 1, Canadian Prime Minister Justin Trudeau announced a ban on assault-style weapons.[1] The ban affects some 1,500 different types of firearms, including weapons such as the AR-15. The ban was made law by an order through the Governor in Council, thus circumventing Parliament; the Canadian government also took advantage of the pandemic to implement the law quickly and without notification to trading partners or to the World Trade Organization (WTO), as required by certain notification obligations.... (See Article)

    May 27, 2020 12:33 PM

  • CIPO introduces new telephone amendments to increase efficiency of trademarks prosecution in Canada

    On May 20th, 2020, in an attempt to improve the timeliness and efficiency of its services, the Canadian Intellectual Property Office formally allowed trademark examiners to enter amendments to trademark applications in certain cases through telephone conversations with applicants or their Canadian agents. (See Article)

    May 27, 2020 10:32 AM

  • More COVID-19 Relief for Employers: The Large Employer Emergency Financing Facility

    The Large Employer Emergency Financing Facility (LEEFF) is another part of Canada's COVID-19 Economic Response Plan. Details of LEEFF were announced on May 20, 2020, the same time the application process opened. (See Article)

    May 27, 2020 8:32 AM

  • The United States expands COVID-19 air travel restrictions to Brazil

    We previously reported that President Trump had implemented several air travel restrictions in response to the COVID-19 pandemic, by means of four Presidential Proclamations. As a result of these Presidential Proclamations, most aliens who have been physically present in China, Iran, the Schengen Area, the United Kingdom, or Ireland, within the preceding 14 days, are now prohibited from entering the United States. (See Article)

    May 27, 2020 8:32 AM

  • FCA gives guidance for common PM(NOC) trials involving multiple actions

    The Federal Court of Appeal has reversed the Federal Court’s decision to add two additional generic defendants (Taro Pharmaceuticals Inc. and Sandoz Canada Inc.) to an upcoming common trial under the Patented Medicines (Notice of Compliance) Regulations. The common trial will determine patent validity issues in Bayer Inc.’s actions against Teva Canada limited and Apotex... (See Article)

    May 27, 2020 6:34 AM

  • CRA Provides Temporary Relief from COVID-19 Cross-Border Tax Concerns

    The COVID-19 crisis has led to travel restrictions that have required many people to work remotely, and sometimes to remain in jurisdictions other than those in which they typically perform their duties. On April 3, 2020, The Organisation for Economic Cooperation and Development (OECD) Secretariat released an analysis of the impact of the COVID-19 crisis on various cross-border tax matters that are the subject of double taxation treaties and urged tax administrations to provide additional guidance. (See Article)

    May 27, 2020 6:33 AM

  • Further Updates to COVID-19 Pandemic-Related Economic Stimulus for Canadian Businesses

    As described in our previous blog post, COVID-19 Pandemic-Related Economic Stimulus for Canadian Businesses published on April 9, and our update posts, published on April 16 and April 24, the Canadian federal government and most provincial and territorial governments have introduced programs designed to provide funding or economic relief to Canadian businesses in connection with the COVID-19 pandemic. (See Article)

    May 27, 2020 6:33 AM

  • CECRA Update | May 2020

    On May 19, 2020, Canada Mortgage and Housing Corporation (“CMHC”) published further information on the previously announced Canada Emergency Commercial Rent Assistance Program (“CECRA”). (See Article)

    May 27, 2020 6:33 AM

  • Monetizing and protecting digital revenue streams during COVID-19 (and beyond)

    In this COVID-19 world, many businesses have adjusted their service offerings to accommodate physical distancing protocols. The market segments that have moved to an online platform are growing daily. Gyms are offering fitness classes online; universities and colleges are providing lectures online; musicians are giving performances online; summer camps are offering their activities online; and many companies are exploring ways to use machine learning and artificial intelligence to analyze their existing data to make their business processes more efficient and sometimes derive new revenue streams. Some businesses have begun offering digital subscription services and others have ramped up existing online content. In this article, we outline 10 tips to protect this new revenue stream. (See Article)

    May 27, 2020 6:33 AM

  • Competition Bureau Releases Model Timing Agreement for Efficiencies Cases

    On May 21, 2020, the Canadian Competition Bureau (Bureau) released the final version of its Model Timing Agreement for Merger Reviews involving Efficiencies (Model Timing Agreement), which will have important implications for complex mergers involving efficiencies claims. This follows the release of a draft of the Model Timing Agreement for public consultation on July 16, 2019. (See Article)

    May 26, 2020 4:33 PM

  • Torrance v. Canada (Attorney General) - 2020 FC 634

    On August 29, 1998, the Applicant, Mr. Rodney Gene Torrance, was seriously injured in an accident. He became quadriplegic with a severe and prolonged disability. Since then, Mr. Torrance has been trying to obtain disability benefits from the Canada Pension Plan [CPP Disability Pension], but has been unsuccessful. In this application for judicial review, Mr. Torrance challenges the most recent decision issued on April 17, 2019 [April 2019 Decision or Decision] by Ms. Jessica Clark, a senior legislation officer and delegate of the Minister of Employment and Social Development [Minister’s Delegate]. In her decision, the Minister’s Delegate confirmed that Mr. Torrance had not shown, on a balance of probabilities, that he was denied disability benefits under the Canada Pension Plan [CPP] as a result of erroneous advice or administrative error by officials employed at the Department of Employment and Social Development Canada [ESDC]. (See Decision

    May 26, 2020 2:07 PM

  • Canada Emergency Commercial Rent Assistance Announced for Qualifying Commercial Property Owners and Small Business Tenants - Update May 2020

    On April 24, 2020, the Prime Minister announced the federal government reached an agreement in principle with all provinces and territories to implement the Canada Emergency Commercial Rent Assistance (CECRA) for qualifying commercial property owners and small business tenants. (See Article)

    May 26, 2020 8:32 AM

  • Canadian Domain Name Registrar Offers New Free Cybersecurity Solution to Individuals

    The Canadian Internet Registration Authority (CIRA) launched a domain name system (DNS) service on April 23, 2020. CIRA is the entity responsible for overseeing Canada's .ca country-code top-level domain (ccTLD). CIRA is offering its new DNS service—branded "Canadian Shield"—to assist Canadians with online privacy and security. Canadian Shield is an alternative to the DNS service provided by your internet service provider (ISP). (See Article)

    May 26, 2020 6:33 AM

  • COVID-19 Project Suspension Impact Checklist

    The shutdown of non-essential businesses and the social distancing measures employed to mitigate the spread of COVID-19 has brought many industries to a standstill. In mid-March, an emergency meeting of construction industry professionals including the Calgary Construction Association, global law firm Dentons, the consultants KGC, insurers and a variety of industry experts was convened. Focusing on the construction industry, it was recognized at that March meeting that all industry participants would be called upon to work together in assessing and mitigating operational risks arising in connection with ongoing projects. The purpose of the March meeting was to compile a list of best practices (See Article)

    May 25, 2020 8:32 AM

  • Alberta to Rescind Coal Development Policy

    Effective June 1, 2020, the Government of Alberta is rescinding A Coal Development Policy for Alberta, also known as the 1976 Coal Policy. The effect of this rescission will be to remove the land use classification system which consisted of the following four coal categories... (See Article)

    May 25, 2020 8:32 AM

  • The Canadian Employers’ Reopening Playbook (Part 2)

    Planning the Return to Work Process With the pandemic situation continuously evolving, it can be difficult to think about anything besides the immediate response. The early days of the pandemic required employers to act fast and make quick decisions to protect workers, safeguard client/customer relationships, and stabilize operations. But, as restrictions are gradually lifted, and... (See Article)

    May 25, 2020 6:34 AM

  • Key Takeaways from Competition Bureau Fine for Privacy Violation

    Facebook has agreed to pay a fine of $9 million under the federal Competition Act stemming from the Cambridge Analytica matter and to reimburse the cost of the inquiry of $500,000 (without any acknowledgment of wrongdoing). This fine is the first issued for a privacy violation by the Competition Bureau under its authority to regulate deceptive marketing practices. (See Article)

    May 25, 2020 6:33 AM

  • Comprehensive details released for the Canada Emergency Commercial Rent Assistance program

    The Canada Mortgage and Housing Corporation (CMHC) has released new and comprehensive details for the Canada Emergency Commercial Rent Assistance (CECRA) program. The new details include important changes to anticipated requirements, including eliminating the requirement for properties to be subject to a mortgage. (See Article)

    May 25, 2020 6:33 AM

  • Air Passengers Rights v. Canada (Transportation Agency) - 2020 FCA 92

    As is the case with so many other areas of life today, the airline industry and airline passengers have been seriously affected by the COVID-19 pandemic. International borders have been closed, travel advisories and bans have been instituted, people are not travelling for non-essential reasons and airlines have cancelled numerous flights. (See Decision)

    May 23, 2020 2:07 PM

  • St. Hilaire v. Canada (Attorney General) - 2020 FCA 87

    On July 22, 2019, Brian St. Hilaire commenced an application for judicial review of a decision of the Federal Public Sector Labour Relations and Employment Board. Because a requisition for hearing was not filed within 180 days of the commencement of the application, this Court issued a Notice of Status Review on January 22, 2020. Mr. St. Hilaire was given 30 days in which to provide representations explaining why this matter should not be dismissed for delay. He was also required to provide a proposed timetable for the completion of the steps necessary to advance the proceeding in an expeditious manner. The respondent was given 10 days in which to respond. (See Decision)

    May 23, 2020 2:07 PM

  • Express Gold Refining Ltd. v. Canada (National Revenue) - 2020 FC 614

    Express Gold Refining Ltd. (the Applicant) is in the business of buying scrap gold and other precious metals, and getting it refined for resale in a pure form. It pays the Goods and Services Tax or Harmonized Sales Tax (GST/HST) on its purchases, but does not collect this tax on its sales because the sale of refined precious metals are not subject to it. The Applicant is entitled to claim Input Tax Credits (ITCs) for the tax it has paid for these purchases, and these credits exceed the GST/HST it has collected on other transactions. Therefore, it is in a constant position to be refunded a portion of the taxes it has paid, as a normal part of its business operations. (See Decision)

    May 23, 2020 2:07 PM

  • The Honourable Justice Patrick Smith v. Canada - 2020 FC 629

    The Honourable Justice Patrick Smith [Justice Smith] is a judge of the Superior Court of Justice of Ontario. (See Decision)

    May 22, 2020 2:07 PM

  • Zhou v. Canada (Citizenship and Immigration) - 2020 FC 633

    The applicant, Sissy Zhou, is a Canadian citizen of Chinese descent. She married Shouqiang Zhang, a citizen of China, in February 2015. At the time, Ms. Zhou was 42 years old; Mr. Zhou was 44. The two had met online six months earlier. This was Ms. Zhou’s third marriage and Mr. Zhang’s second. (See Decision)

    May 22, 2020 2:07 PM

  • Weldemariam v. Canada (Public Safety and Emergency Preparedness) - 2020 FC 631

    The applicant is an Ethiopian citizen and a former employee of the Information Network Security Agency [INSA], an Ethiopian state security and intelligence agency. The Immigration Division [ID] of the Immigration and Refugee Board of Canada [IRB] determined that this employment history made the applicant inadmissible to Canada on security grounds under paragraph 34(1)(f) of the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA]. More particularly, the ID found the applicant to be inadmissible because he had been a member of an organization that had engaged in acts of espionage that were “contrary to Canada’s interests,” as provided for in paragraph 34(1)(a) of the IRPA. (See Decision)

    May 22, 2020 2:07 PM

  • Rovi Guides, Inc v Videotron Ltd. - 2020 FC 637

    The Court recognizes the importance of reducing the spread of COVID-19 and prioritizes the health and safety of all court participants, including members of the Court, registry staff, counsel, witnesses, stenographers and interpreters. At the same time, the Court must balance the need to maintain judicial operations. Bearing in mind these important factors, it has been ordered that the hearing of this trial continue remotely via videoconference: Rovi Guides, Inc v Videotron Ltd, 2020 FC 596. (See Decision)

    May 22, 2020 2:07 PM

  • Parks v. Canada (Attorney General) - 2020 FCA 91

    The applicant, Ms. Kimberley Parks, seeks judicial review of a decision of the Appeal Division of the Social Security Tribunal dated December 14, 2018, which dismissed her appeal from a decision of the General Division. The General Division had found that the applicant was not entitled to the CPP disability benefit on the basis that she retained some capacity regularly to pursue a substantially gainful occupation and that she had failed to establish that her efforts to obtain and maintain employment were unsuccessful because of her health. The Appeal Division allowed the applicant’s appeal on the basis that the General Division had made errors, but elected to render the decision the General Division should have made and ultimately dismissed the appeal. (See Decision)

    May 22, 2020 2:07 PM