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Case Law

Draft Bills

  • McCrea v. Canada - 2019 FC 1426

    The Claimant, Carolyn Bowen, brings this application for review of claims decision determination pursuant to Section 8 of the Settlement Agreement reached in the context of this class action proceeding and approved by the Honourable Madam Justice Kane in her Order and Reasons dated January 29, 2019. Ms. Bowen seeks review of the determination of the Administrator of the EI Sickness Benefits Class Action dated August 8, 2019, which denied her claim for sickness benefits. (See Decision)

    Nov 16, 2019 3:07 PM

  • R. v. K.J.M. - 2019 SCC 55

    On April 12, 2015, the appellant, a “young person” under the Youth Criminal Justice Act, S.C. 2002, c. 1 (“YCJA ”), was charged with various offences arising out of a fight in which he stabbed another youth in the face and the back of the head with a box cutter. He maintained his innocence, claiming self-defence. On November 9, 2016, almost 19 months after charges were laid, he was found guilty of aggravated assault contrary to s. 268 of the Criminal Code, R.S.C. 1985, c. C-46 , and possession of a weapon for a dangerous purpose contrary to s. 88(1) of the Criminal Code . This followed not long after he had applied unsuccessfully for a stay of proceedings on the basis that the delay violated his right to be tried within a reasonable time under s. 11 (b) of the Canadian Charter of Rights and Freedoms . (See Decision)

    Nov 16, 2019 3:07 PM

  • True North Centre for Public Policy v. Canada (Leaders’ Debates Commission) - 2019 FC 1424

    These two applications for judicial review, both filed on Monday, October 7, 2019, relate to identical decisions made by the Leaders' Debates Commission / Commission des Debats des Chefs [the Commission]. The Commission denied accreditation for the 2019 Federal Leaders’ Debates to David Menzies and Keean Bexte of Rebel News Network Ltd [Rebel News] and Andrew James Lawton of True North Centre for Public Policy [True North]. Accredited parties are permitted to attend and cover the Debates on Monday, October 7, 2019, in the English language and Thursday, October 10, 2019, in the French language [the 2019 Debates]. (See Decision)

    Nov 16, 2019 3:07 PM

  • Newland v. Canada (Citizenship and Immigration) - 2019 FC 1418

    Richard Newland applied for a Pre-Removal Risk Assessment (PRRA), alleging that he would be in danger if removed to his native Jamaica since he had acted as a police informer and would be a target of violence by gang members. The Jamaica Constabulary wrote a submission letter on behalf of Mr. Newland, confirming that he had faced attacks and threats in Jamaica. The letter also said that the task of protecting Mr. Newland from the gang “became difficult” as the men were of no known address, and that it considered his “petition for asylum in Canada as a genuine case as the threats against his life continues to be severe.” (See Decision)

    Nov 16, 2019 3:07 PM

  • Volkswagen Group Canada Inc. v. Association québécoise de lutte contre la pollution atmosphérique - 2019 SCC 53

    Volkswagen Group Canada Inc. v. Association québécoise de lutte contre la pollution atmosphérique (See Decision)

    Nov 16, 2019 3:07 PM

  • Evangelou v. Canada (Citizenship and Immigration) - 2019 FC 1415

    Christos Evangelou [the Applicant] seeks a judicial review pursuant to section 72(1) of the Immigration and Refugee Protection Act, LC 2001, c 27 [IRPA]. The application concerns a decision by an Officer of Immigration Refugees and Citizenship Canada [IRCC] refusing to waive his inadmissibility based on humanitarian and compassionate [H&C] grounds. (See Decision)

    Nov 16, 2019 3:07 PM

  • Isugi v. Canada (Citizenship and Immigration) - 2019 FC 1421

    The Refugee Protection Division (RPD) and the Refugee Appeal Division (RAD) both found that the evidence adduced by Ms. Clarisse Isugi (the Principal Applicant) and her three children (the Minor Applicants) lacked credibility and rejected their claims for refugee protection. (See Decision)

    Nov 16, 2019 3:07 PM

  • Zhang v. Canada (Citizenship and Immigration) - 2019 FC 1416

    This judicial review concerns the rejection of the Applicant’s refugee claim under sections 96 and 97 of the Immigration and Refugee Protection Act, SC 2001, c 27. There were 11 credibility findings underpinning the Refugee Protection Division’s [RPD] decision. (See Decision)

    Nov 16, 2019 3:07 PM

  • Martinez v. Canada (Communications Security Establishment) - 2019 FCA 282

    The respondent moves for an order to quash this appeal pursuant to subsection 52(a) of the Federal Courts Act, R.S.C. 1985, c. F-7 and under the inherent jurisdiction of the Federal Court of Appeal to control its own process and prevent abuse of that process, on the grounds that: (See Decision)

    Nov 16, 2019 3:07 PM

  • Chowdhury v. Canada (Citizenship and Immigration) - 2019 FC 1417

    This judicial review concerns the refusal by a visa officer in Singapore to issue a work permit on the basis of concern that the Applicant would not leave Canada at the end of the authorized period. (See Decision)

    Nov 16, 2019 3:07 PM

  • Woldemaryame v. Canada (Citizenship and Immigration) - 2019 FC 1411

    This judicial review application concerns a redetermination by the Refugee Appeal Division [RAD] following a judgment of this Court granting a judicial review application with respect to a previous RAD decision (2018 FC 58). This second challenge to a RAD decision is made pursuant to section 72 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 [IRPA or the Act]. For the reasons that follow, the Court concludes that this redetermination violated procedural fairness principles and must therefore be set aside. (See Decision)

    Nov 16, 2019 3:07 PM

  • R. v. James - 2019 SCC 52

    R. v. James (See Decision)

    Nov 16, 2019 3:07 PM

  • Stone v. The Queen - 2019 TCC 253

    In some ways, this appeal was somewhat unusual. (See Decision)

    Nov 16, 2019 3:07 PM

  • R. v. Javanmardi - 2019 SCC 54

    Mitra Javanmardi opened a naturopathic clinic in Quebec in 1985. She has a degree in science from McGill University, a doctorate in naturopathic medicine from the National College of Naturopathic Medicine in Portland, Oregon, and a related diploma which involved 500 hours of further courses. Ms. Javanmardi’s education included classes and clinical training about intravenous injection techniques. She has treated between 4,000 and 5,000 patients at her clinic since it opened and, starting in 1992, has administered nutrients to approximately ten patients per week by way of intravenous injection. Intravenous administration of nutrients by naturopaths is not legal in Quebec but is lawful in most provinces. (See Decision)

    Nov 15, 2019 3:07 PM

  • Is “Innovation” a Bad Word in Law Firms?

    The legal profession could be improved a bit. Ok, it could be improved a lot. One might say it could use more “innovation.” Yet it seems like the harder one pushes for innovation, the harder others push back. (See full article)

    Nov 15, 2019 1:06 PM

  • Federal Court Short-Circuits Voltage Pictures’ Canadian File Sharing Class Action Copyright Lawsuit Strategy

    The Federal Court of Canada has strongly rejected an attempt by Voltage Pictures, one of Canada’s most litigious copyright companies, to use a reverse class action lawsuit approach to sue potentially thousands of Canadians. The court ruled that Voltage met none of the requirements for class action certification and in the process confirmed doubts that... (See Article)

    Nov 15, 2019 7:33 AM

  • The syncreon Group: Landmark Case Recognizes English Schemes of Arrangements in Canada

    In October 2019, syncreon Group Holdings B.V. and its subsidiaries (collectively, the syncreon Group) completed a landmark cross-border balance sheet restructuring of approximately US$1.1-billion of debt. The syncreon Group’s restructuring is believed to be the first time that English scheme of arrangement proceedings have been used to restructure debt issued by a U.S.-based multinational enterprise (Scheme Proceedings). (See Article)

    Nov 15, 2019 7:32 AM

  • Rectification Strikes Back: B.C. Court of Appeal Allows Rectification of Tax Mistake

    On October 30, 2019, the British Columbia Court of Appeal upheld the rectification of an erroneously calculated capital dividend account, saving the corporate taxpayer from a punitive 60% tax.  (See Article)

    Nov 15, 2019 7:32 AM

  • Oladele v. Canada (Citizenship and Immigration) - 2019 FC 1410

    Mr. Demilade Kayode Oladele (the “Applicant”) seeks judicial review of the decision made by a Delegate (the “Delegate”) of the Minister of Citizenship and Immigration (the “Respondent”) refusing his application for permanent residence on Humanitarian and Compassionate (“H&C”) grounds pursuant to subsection 25 (1) of the Immigration and Refugee Protection Act, 2001, c.27 (the “Act”). (See Decision)

    Nov 14, 2019 3:07 PM

  • Milak v. Canada (Citizenship and Immigration) - 2019 FC 1400

    This application is for a judicial review of a decision of the Refugee Protection Division of the Immigration and Refugee Board [RPD], dated December 20, 2018, on a redetermination following an earlier decision in 2012. The Member refused the Applicants’ refugee claim [the Decision]. This application is brought pursuant to subsection 72(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 [the IRPA]. (See Decision)

    Nov 14, 2019 3:07 PM

  • Fink v. Canada (Attorney General) - 2019 FCA 276

    Subsection 23(2) of the Financial Administration Act, R.S.C. 1985, c. F-11, allows the federal government to provide full or partial relief from any tax or penalty, including interest paid or payable thereon, where the Governor in Council “considers that the collection of the tax or the enforcement of the penalty is unreasonable or unjust or that it is otherwise in the public interest to remit the tax or penalty.” A remission order is an extraordinary remedy granted by the Governor in Council on the recommendation of the appropriate Minister. Remission orders are highly discretionary and are entitled to significant deference on judicial review. (See Decision)

    Nov 14, 2019 3:07 PM

  • Stukanov v. Canada (Attorney General) - 2019 FCA 278

    This is an appeal by Igor Stukanov from a decision of Mr. Justice Fothergill of the Federal Court (2018 FC 1264), dated December 13, 2018 which dismissed an earlier appeal from a decision of the Commissioner of Patents (the Commissioner) refusing Mr. Stukanov’s Patent Application No. 2,792,456 (the Application). The basis for the refusal of the Application was that the alleged invention defined therein was obvious contrary to section 28.3 of the Patent Act, R.S.C. 1985, c. P-4. The Federal Court found that the legal test applicable to the determination of obviousness was not in dispute, and that the Commissioner made no error in applying that test. (See Decision)

    Nov 14, 2019 3:07 PM

  • Milad v. Canada (Citizenship and Immigration) - 2019 FC 1409

    The Applicant, Mohamed Farag M.S. Milad, [Mr. Milad] seeks judicial review of the decision of an Immigration Officer [the Officer] refusing his application for permanent residence in Canada based on an exemption from the requirements of the Immigration and Refugee Protection Act, SC 2001, c 27 [the Act] on humanitarian and compassionate grounds [H&C] pursuant to section 25 of the Act. (See Decision)

    Nov 14, 2019 3:07 PM

  • Bryan v. Canada (Citizenship and Immigration) - 2019 FC 1347

    This is an application for judicial review of an Immigration Officer’s refusal of the Applicant’s Humanitarian and Compassionate (“H&C”) application under section 25(1) of the Immigration and Refugee Protection Act (“the Act”). (See Decision)

    Nov 14, 2019 3:07 PM

  • How the Florida Supreme Court Prevents “Link Rot” in URLs Cited in Its Opinions

    On Sept. 23, 2013, the New York Times published an article with the headline, “In Supreme Court Opinions, Web Links to Nowhere,” by Adam Liptak. The article stated that a recent study had found that 49 percent of the hyperlinks cited in US Supreme Court decisions no longer worked. (See full article)

    Nov 14, 2019 1:07 PM

  • British Columbia's UNDRIP Legislation—A Framework to Advance Reconciliation

    On October 24, 2019, the British Columbia (B.C.) government introduced Bill 41 – 2019, Declaration on the Rights of Indigenous Peoples Act, fulfilling its February 2019 announcement that it would table legislation implementing the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The statement released by the Premier’s Office touted that the legislation... (See Article)

    Nov 14, 2019 9:32 AM

  • Employers should prepare now for high demand of legal edibles

    On October 17, 2018, the cultivation, sale, distribution and consumption of certain classes ‎‎of marijuana for recreational (i.e. non-‎medical) purposes was legalized across Canada, including fresh and dried flowers, seeds, plants and oils. Many employers have responded to the workplace concerns arising from the legalization of recreational marijuana by implementing policies that address recreational marijuana... (See Article)

    Nov 14, 2019 7:33 AM

  • CISAC Labels Canada a “Digital Champion” for Digital Music Royalty Growth

    The Canadian music industry has engaged in extensive lobbying efforts on copyright invariably pointing to concerns regarding revenues from digital music services. But the International Confederation of Societies of Authors and Composers (CISAC), which brings together 239 collective management organizations in 122 countries and five regions, recently released a global report that told a much... (See Article)

    Nov 14, 2019 7:33 AM

  • Canadian Anti-Dumping and Countervailing Duty Measures

    Goods imported into Canada are generally only subject to assessment of ordinary customs duty and goods and services tax (GST) or harmonized sales tax. However, during the course of any year, certain imported goods face the additional assessment of anti-dumping and/or countervailing duties because they have been found to have caused injury or retardation to a Canadian domestic industry or because they threaten to cause injury by virtue of being dumped or subsidized. Two Canadian government bodies, the Canada Border Services Agency (CBSA) and the Canadian International Trade Tribunal (CITT), administer the Special Import Measures Act (SIMA) and the Special Import Measures Regulations (SIMR) (See Article)

    Nov 14, 2019 7:32 AM

  • One year later: A report from the OPC following one year into mandatory breach reporting regulations

    The Office of the Privacy Commissioner (OPC) recently released a report marking the one-year anniversary of the mandatory breach reporting regulations under the Personal Information Protection and Electronic Documents Act (PIPEDA) coming into force. Since November 1, 2018, organizations subject to PIPEDA must report to the OPC any breaches of security safeguards that pose a real risk of significant harm to individuals affected by the breach and also notify the affected individuals. The organizations must also keep records of all data breaches that occur within their organization. (See Article)

    Nov 14, 2019 7:32 AM