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Case Law

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  • Al Dya v. Canada (Citizenship and Immigration) - 2020 FC 901

    Ali Al Dya claims that Hezbollah tried to forcibly recruit him to fight for them in Syria, and seeks refugee protection in Canada. The Refugee Appeal Division (RAD) of the Immigration and Refugee Board (IRB) found his narrative to be implausible, as it did not accord with the objective evidence about Hezbollah’s recruitment practices in Lebanon, and aspects of his account were inconsistent with the assertion that Hezbollah was interested in forcing him to fight. (See Decision)

    Sep 19, 2020 2:06 PM

  • Michel v. Graydon - 2020 SCC 24

    At the conclusion of the hearing of this appeal, the Court allowed the appeal with costs throughout, and reinstated the order of Judge G. Smith of the Provincial Court of British Columbia, dated September 26, 2016, with reasons to follow. These are the reasons for that judgment. (See Decision)

    Sep 19, 2020 2:06 PM

  • Chen v. Canada (Citizenship and Immigration) - 2020 FC 907

    The Refugee Appeal Division (RAD) did not conduct a reasonable analysis of the risk of persecution Mr. Li Hui Chen would face as a practising Pentecostal Christian should he return to China. The RAD undertook only limited substantive analysis of the evidence regarding that issue, and that analysis appeared to consider that harassment and mistreatment could only amount to persecution if it involved arrest and detention. I therefore agree with Mr. Chen that the RAD’s reasons with respect to his sur place claim do not demonstrate a rational chain of analysis and are unreasonable. (See Decision)

    Sep 19, 2020 2:06 PM

  • Nova Chemicals Corporation v. Dow Chemicals Company - 2020 FCA 141

    Before the Court is an appeal and a cross-appeal from the judgment of the Federal Court in file T-2051-10 (per Fothergill J.): 2017 FC 350, supplementary reasons 2017 FC 637, reasons on costs 2017 FC 759. (See Decision)

    Sep 19, 2020 2:06 PM

  • Pointed Exchange: SCC Clarifies Ontario’s Anti-SLAPP Test, Splits Over its Application

    On September 10, 2020, the Supreme Court of Canada (SCC) released long-awaited decisions interpreting and applying Ontario’s anti-SLAPP legislation, in the companion cases of 1704604 Ontario Ltd. v. Pointes Protection Association (Pointes) and Bent v. Platnick (Platnick). This is the first time the SCC has considered this legislation, enacted in 2015 to discourage the use of litigation as a means of unduly limiting expression on matters of public interest. (See Article)

    Sep 18, 2020 4:32 PM

  • M.N.R. v. McMahon - 2020 TCC 104

    The Minister of National Revenue brought an application pursuant to section 174 of the Income Tax Act (the “Application”). Jason Foroglou, Naishadhsinh Bihola, Charlotte Pinate and Daniel McMahon (collectively, the “Named Taxpayers”) were among the taxpayers named in the Application. The Minister subsequently withdrew the Application. The Named Taxpayers are each seeking costs in respect of the Application. (See Decision)

    Sep 18, 2020 2:06 PM

  • Linklater v. Thunderchild First Nation - 2020 FC 899

    I am ordering that the by-election to fill the vacant seat for Headman on the Thunderchild First Nation Council be halted while Michael Linklater’s Charter challenge to his removal from that seat is before the Court. Since the by-election is scheduled to begin through advance voting within days, my reasons for this order will be fairly brief. I hope that they adequately explain to the parties, and to the citizens of the Thunderchild First Nation, why I am granting Mr. Linklater’s request to suspend the by-election. (See Decision)

    Sep 18, 2020 2:06 PM

  • Aigbe v. Canada (Citizenship and Immigration) - 2020 FC 895

    The applicants seek to overturn a decision of the Refugee Appeal Division (“RAD”) dismissing their appeal and confirming a ruling by the Refugee Protection Division (“RPD”) that the applicants are neither Convention refugees nor persons in need of protection pursuant to sections 96 and 97 of the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA]. (See Decision)

    Sep 18, 2020 2:06 PM

  • Cyber Claim Trends Outlined in Coalition Report

    Cyber liability insurers are in a good position to provide insight into the types of cyber incidents that are hitting the industry. Coalition, a provider of cyber insurance globally, which “serves over 25,000 small and midsize organizations across every sector of the US and Canada,” issued its Cyber Claims Report this week about the claims... (See Article)

    Sep 18, 2020 6:33 AM

  • French language requirements in Québec: Part 4 - Public signs, posters and commercial advertising

    This fourth article of our French language requirements in Québec series explores the rules for public signs, posters, and commercial advertising in Québec. For an introduction to the Charter of the French language (R.S.Q. c. C-11) (the French Charter), as well as an overview of the French language requirements in Québec for inscriptions on products and accompanying documentation, and for commercial publications, please see the previous articles of this series... (See Article)

    Sep 18, 2020 6:32 AM

  • Amendments to NI 51-102 Continuous Disclosure Obligations Related to Business Acquisition Reports

    The Canadian Securities Administrators recently published amendments to National Instrument 51-102 Continuous Disclosure Requirements (NI 51-102) related to the Business Acquisition Report (BAR) requirements. The amendments are intended to reduce the regulatory burden on reporting issuers that are not venture issuers (i.e., issuers that are listed on the TSX and not the TSXV) by changing the criteria under which an acquisition is considered a significant acquisition. (See Article)

    Sep 17, 2020 6:31 PM

  • Économies potentielles : Rapport sur la vision de l’OCRCVM quant à un avenir partagé avec l’ACFM

    L’Organisme canadien de réglementation du commerce des valeurs mobilières (l’« OCRCVM ») a confié à Deloitte le mandat d’évaluer les avantages et les coûts de son projet de fusion avec l’Association canadienne des fonds mutuels (l’« ACFM ») à l’intérieur d’un cadre réglementaire unique (le « scénario de fusion de l’OCRCVM »). (See Article)

    Sep 17, 2020 6:31 PM

  • Waqas v. Canada (Citizenship and Immigration) - 2020 FC 896

    This application judicially reviews a decision of the Refugee Appeal Division (RAD) to dismiss the Applicant’s appeal on the ground that it lacked jurisdiction to hear the case. For the following reasons, I would dismiss the application for judicial review. (See Decision)

    Sep 17, 2020 2:06 PM

  • Hansen v. The Queen - 2020 TCC 102

    The issues in this appeal arise from the sale of houses by Mr. Hansen and his spouse, Ms. Tanya Weiland (“the Hansens”) during the taxation years 2007, 2008, 2009, 2011 and 2012. The Hansens sold a house during each of these taxation years. Mr. Hansen claimed the principal residence exemption with respect to the disposition of the houses pursuant to paragraph 40(2)(b) and section 54 of the Income Tax Act (the “Act”) . (See Decision)

    Sep 17, 2020 2:06 PM

  • USTR Rescinds 10% Tariff on Canadian Aluminum, Expecting Imports to “Normalize”

    The Office of the U.S. Trade Representative (USTR) announced the rescission of Section 232 tariffs on Canadian aluminum, retroactive to September 1, 2020.  The 10% tariff on non-alloyed, unwrought aluminum under subheading 7601.10 from Canada was announced on August 6, 2020 and went into effect on August 16, 2020.  Following the USTR’s announcement of the... (See Article)

    Sep 17, 2020 6:33 AM

  • Ontario Extends the Infectious Disease Emergency Leave and Delays Layoffs under the ESA until January 2, 2021

    The Ontario government has extended the temporary relief measures under Ontario's Employment Standards Act, 2000 (ESA) set out in O. Reg. 228/20: Infectious Disease Emergency Leave until January 2, 2021. (See Article)

    Sep 17, 2020 6:32 AM

  • The Supreme Court of Canada Resumes In-Person Appeals

    Next week, the Supreme Court of Canada will resume hearing in-person appeals after a brief hiatus because of the COVID-19 emergency. In June 2019, the Supreme Court heard several appeals by videoconference. All other appeals were suspended. The fall session begins on September 22, 2020, with several public law appeals coming to the Court from references to provincial courts of appeal... (See Article)

    Sep 16, 2020 6:31 PM

  • Indusol Industrial Control Ltd. v. The Queen - 2020 TCC 103

    Indusol Industrial Control Ltd. (“Indusol” or the “Appellant”) filed an appeal with this Court in respect of a reassessment, the notice of which is dated July 21, 2014, made under the Income Tax Act (R.S.C. 1985, c. 1 (5th Supp.)) (the “Act”) for its 2012 taxation year, being the period from April 1, 2011 to March 31, 2012 (the “2012 taxation year”). (See Decision)

    Sep 16, 2020 2:06 PM

  • Gladwin Realty Corporation v. Canada - 2020 FCA 142

    This is an appeal brought by The Gladwin Realty Corporation Inc. (Gladwin or the appellant) from a decision of the Tax Court of Canada (2019 TCC 62) wherein Hogan J. (the Tax Court judge) dismissed the appellant’s appeal from a Notice of determination issued by the Minister of National Revenue (the Minister) with respect to its 2008 taxation year. The Notice of determination was issued pursuant to subsection 152(1.11) and the General Anti-Avoidance Rule (GAAR) found in section 245 of the Income Tax Act, R.C.S. 1985, c. 1 (5th Supp.) (the Act). (See Decision)

    Sep 16, 2020 2:06 PM

  • Eli Lilly Canada Inc. v. Mylan Pharmaceuticals ULC - 2020 FC 816

    This decision relates to infringement actions of Canadian Patent No. 2,371,684 [the 684 Patent] by the Plaintiffs (hereinafter collectively referred to as “Lilly”) against each of four Defendants, Mylan Pharmaceuticals ULC, Apotex Inc., Teva Canada Limited, and Pharmascience Inc.-Laboratoire Riva Inc., and related counterclaims of invalidity by each of the Defendants. (See Decision)

    Sep 16, 2020 2:06 PM

  • Eli Lilly Canada Inc. v. Apotex Inc. - 2020 FC 814

    These additional reasons relate to an action by the Plaintiffs (hereinafter collectively referred to as “Lilly”) against Apotex Inc. (Apotex) and a related counterclaim by Apotex, in regards to Canadian Patent No. 2,492,540 Patent [the 540 Patent]. (See Decision)

    Sep 16, 2020 2:06 PM

  • Kaur v. Canada (Citizenship and Immigration) - 2020 FCA 136

    As permitted by subsection 52(a) of the Federal Courts Act, R.S.C. 1985, c. F-7, the respondent is seeking an order to quash the appellants’ appeal of a decision of the Federal Court, dated January 9, 2020 (Federal Court order), on the basis that this Court is without jurisdiction to entertain the appeal since the Federal Court judge, in rendering her decision, did not certify that the matter involves a serious question of general importance. The respondent also claims that the appellants’ appeal is moot because there is no longer a tangible and concrete dispute between the parties. (See Decision)

    Sep 16, 2020 2:06 PM

  • Best practice in preparing board materials

    Board meeting preparation (and in particular the preparation of associated materials) is critical to ensure that all directors present at the meeting are prepared and informed so as to make the best decisions possible for the company. Unfortunately, there is no cookie-cutter approach to preparing board meeting materials. However, there are a number of guidelines that if followed, may assist in ensuring that the materials are prepared and delivered properly. (See Article)

    Sep 16, 2020 8:32 AM

  • Canada posts new patient count in onion outbreak; nothing new reported by U.S. for two weeks

    As of this afternoon there have been 506 confirmed cases of Salmonella Newport illness in Canada linked to a Salmonella outbreak associated with onions. Officials in the U.S. have not posted an outbreak update since Sept. 1. The total in Canada has increased by 49 people since the most recent update from the Public Health... (See Article)

    Sep 16, 2020 6:33 AM

  • Canada updates Salmonella cases linked to onion consumption – United States lags two weeks behind

    1,518 sickened with Salmonella Newport in United States and Canada linked to California Thomson onions. In Canada, as of September 14, 2020, there have been 506 confirmed cases of Salmonella Newport illness linked to this onion outbreak in the following provinces: British Columbia (116), Alberta (292), Saskatchewan (34), Manitoba (25), Ontario (14), Quebec (24) and... (See Article)

    Sep 16, 2020 6:33 AM

  • SLAPPed Around—Defamation, Anti-SLAPP Legislation and the Defence of Qualified Privilege

    On September 10, 2020, the Supreme Court of Canada rendered judgment in Bent v Platnick, 2020 SCC 23, the first case interpreting the provisions under s. 137.1 of the Courts of Justice Act (CJA)—Ontario's "anti-SLAPP" legislation. (See Article)

    Sep 16, 2020 6:32 AM

  • Le BSIF lève la suspension temporaire des options de transfert et la restriction sur les rachats de

    Le Bureau du surintendant des institutions financières (le « BSIF ») a levé la suspension temporaire des options de transfert et la restriction sur les rachats de rentes, qui avaient été imposées depuis le 27 mars 2020, sous réserve de certaines conditions. Ce changement est entré en vigueur le 31 août 2020. (See Article)

    Sep 15, 2020 6:31 PM

  • Ontario Government Extends Protections for Temporary Layoffs to January 2, 2021

    On September 3, 2020, Ontario’s government announced that it would extend layoff protections, preventing temporary layoffs due to COVID-19 from automatically becoming terminations of employment. In normal circumstances, the Ontario Employment Standards Act, 2000 (ESA) provides that employees may be temporarily laid off for up to 13 weeks in a period of 20 consecutive weeks, or, where certain criteria are met, for up to 35 weeks in a period of 52 consecutive weeks. (See Article)

    Sep 15, 2020 6:31 PM

  • Savings Potential: Report on IIROC’s Vision of a Shared Future With MFDA

    The Investment Industry Regulatory Organization of Canada (IIROC) engaged Deloitte to assess the benefits and costs of consolidating the Mutual Fund Dealers Association of Canada (MFDA) and IIROC into a single regulatory framework on IIROC’s proposed consolidation (IIROC’s Consolidation Scenario). (See Article)

    Sep 14, 2020 6:31 PM

  • Le Bureau de la concurrence du Canada et ses partenaires du Groupe des cinq signent un cadre de coop

    Le 2 septembre 2020, le Bureau de la concurrence du Canada (le « Bureau ») a conclu un cadre d’application du droit de la concurrence, soit le Cadre multilatéral de coopération et d’assistance mutuelle des autorités de la concurrence (le « Cadre »), avec les autorités en matière de concurrence des États-Unis (soit le Department of Justice et la Federal Trade Commission), du Royaume-Uni, de l’Australie et de la Nouvelle-Zélande (« Five Eyes » ou « Groupe des cinq »). (See Article)

    Sep 14, 2020 4:32 PM