vLex Canada

  • Office of the Children’s Lawyer v. Balev - 2018 SCC 16

    The Convention on the Civil Aspects of International Child Abduction, Can. T.S. 1983 No. 35 (“Hague Convention”), sets out the rules that apply to the parental abduction of children across international borders. The question before us concerns the application of the Hague Convention concept of habitual residence — a concept not defined in the treaty, but much considered by the courts of subscribing states around the world. (See Decision)

    Apr 21, 2018 10:10 AM

  • Sevilla v. Canada (Immigration, Refugees and Citizenship) - 2018 FC 424

    This is an application for judicial review of a Visa Officer’s [the Officer] decision to deny Ms. Sevilla [the Applicant] a temporary resident visa for a work permit. For the reasons that follow, this judicial review is granted as the Officer applied extraneous criteria to the application. (See Decision)

    Apr 21, 2018 10:10 AM

  • Zafra v. Canada (Citizenship and Immigration) - 2018 FC 420

    Ms. Zafra [the Applicant] seeks review of the decision of an Immigration Officer [the Officer] removing her son [AJ] from her application for permanent residence in the Live-In Caregiver Class. Ms. Zafra asked that her son be considered as a “de facto” child based upon humanitarian and compassionate [H&C] factors. (See Decision)

    Apr 21, 2018 10:10 AM

  • Thomas William Mcalpin v The Minister of Public Safety and Emergency Preparedness - 2018 FC 422

    Mr. McAlpin is inadmissible to Canada on grounds of serious criminality. In recommending that he be referred to an admissibility hearing, an officer employed with the Canada Border Services Agency [CBSA] placed significant weight on several findings. These included the following: (See Decision)

    Apr 21, 2018 10:10 AM

  • Hutchinson-Jones v. Canada - 2018 FCA 78

    The appellant filed a notice of appeal in the Tax Court of Canada appealing from assessments issued under the Income Tax Act, R.S.C. 1985, c.1 (5th Supp.) for the 2010, 2011, 2012, 2013, and 2014 taxation years. The Tax Court quashed the appeal on the grounds that no taxes, interest or penalties were assessed in respect of the 2010, 2011, 2013, and 2014 taxation years and no notice of objection was filed on a timely basis in respect of the 2012 taxation year (oral reasons of the Tax Court delivered on August 19, 2016 in Court File 2016-824(IT)I). (See Decision)

    Apr 21, 2018 10:10 AM

  • Fiducie financière Satoma v. Canada - 2018 FCA 74

    This is an appeal brought by the Satoma Trust (the Satoma Trust or the appellant) from a decision rendered by Associate Chief Justice Lamarre of the Tax Court of Canada (the Tax Court judge) confirming the reassessments issued by the Minister of National Revenue (the Minister) under the General Anti-Avoidance Rule (GAAR) found in section 245 of the Income Tax Act, R.S.C. 1985, c.1 (5th Supp.) (the Act) with respect to the appellant’s 2005, 2006 and 2007 taxation years. (See Decision)

    Apr 21, 2018 10:08 AM

  • R. v. Comeau - 2018 SCC 15

    In 1867, The British North America Act, 1867 (U.K.), 30 & 31 Vict., c. 3 , united individual British colonies into one new country, the Dominion of Canada. Prior to this, each colony had its own power to impose tariffs at its borders. Part VIII of that Act (now the Constitution Act, 1867 ) contains provisions for the transfer of this power to levy tariffs to the Dominion government. At the heart of Part VIII is s. 121 , the provision at issue in this appeal: (See Decision)

    Apr 20, 2018 10:11 AM

  • Canada (Citizenship and Immigration) v. Conteh - 2018 FC 416

    This is an application by the Minister of Citizenship and Immigration [Minister] for judicial review, under section 72(1) of the Immigration and Refugee Protection Act, SC 2001, c‑27 [IRPA], of the August 4, 2017 decision of the Immigration Appeal Division [IAD] of the Immigration and Refugee Board of Canada, dismissing the Minister’s appeal. (See Decision)

    Apr 20, 2018 10:11 AM

  • Kurkin v. Canada (Citizenship and Immigration) - 2018 FC 417

    Because this case involves a deportation order pursuant to paragraph 229 (1)(b) of the Immigration and Refugee Protection Regulations (SOR/2002-227), counsel for the respondents sought that the name of the Minister for Public Safety and Emergency Preparedness, responsible for matters of that nature, be added in the style of cause. It was so ordered. (See Decision)

    Apr 20, 2018 10:10 AM

  • Clorox Company of Canada, Ltd. v. Chloretec s.e.c. - 2018 FC 408

    Clorox Company of Canada, Ltd. v. Chloretec s.e.c. (See Decision)

    Apr 20, 2018 10:10 AM

  • Nikolova v. Canada (Immigration, Refugees and Citizenship) - 2018 FC 382

    This is an application for judicial review of a decision of the Refugee Appeal Division of the Immigration and Refugee Board [RAD] dated September 13, 2017 [RAD Decision], wherein the RAD confirmed the decision of the Refugee Protection Division [RPD] dated January 22, 2016 [RPD Decision], that the Applicant is not a Convention refugee or a person in need of protection. (See Decision)

    Apr 20, 2018 10:08 AM

  • R.N., et. al. v. Haulli - 2018 NUCJ 10

    R.N. filed a Statement of Claim on March 2, 2007 and R.Q. filed a Statement of Claim on November 21, 2007. Statements of Defence were filed in both actions on November 14, 2008 but the law firm that filed them ceased acting for the Defendant on September 13, 2010. (See Decision)

    Apr 19, 2018 10:11 PM

  • McDonald v. Bode Estate - 2018 BCCA 140

    This is an appeal from an order dismissing an application to strike a charge registered against the title to real property: an assignment of the rents due under a surface lease. At issue is whether the assignment of rents in this case runs with the land or simply creates obligations personal to the parties to the agreement. (See Decision)

    Apr 19, 2018 10:11 PM

  • Kings Auto Ltd. v. Torstar Corporation - 2018 ONSC 2451

    The plaintiffs Kings Auto Ltd. and Sapna Inc. (collectively, the “Plaintiffs”) bring this motion pursuant to the Class Proceedings Act 1992, S.O. 1992, c. 6 (the “CPA”) on consent to certify the action against the defendants for settlement purposes. On consent, the balance of the relief sought in the notice of motion is adjourned. (See Decision)

    Apr 19, 2018 10:11 PM

  • R. v. Hexamer - 2018 BCCA 142

    On August 3, 2012, the appellant, who was represented by counsel, personally entered guilty pleas before a judge of the Supreme Court of British Columbia to one count of sexual assault, three counts of sexual assault with a weapon and two counts of unlawful confinement. The offences encompassed three incidents that occurred in 1995, 2007 and 2009. The victims were minors. While it is unnecessary to detail the circumstances of the offences to address the appellant’s grounds of appeal, by pleading guilty to these offences the appellant admitted to conduct that was predatory, violent and shockingly invasive. (See Decision)

    Apr 19, 2018 10:11 PM

  • R v Souvie - 2018 ABCA 148

    R v Souvie (See Decision)

    Apr 19, 2018 10:11 PM

  • R. v. Hollett - 2018 NLPC 0817A00131

    The following are the reasons for the sentence for the failure of the accused to stop for the police. The commission of the offence is described in the reasons for convicting him, now reported online at R. v Hollett, 2018 CanLII 6849 (NL PC), and need not be repeated here. Suffice it to say that he failed to stop for the police, and ran from the police on his motorcycle. (See Decision)

    Apr 19, 2018 10:11 PM

  • Godstone Co-Ownership Inc. v. Maple Ridge Real Estate Investments Corp. - 2018 ONCA 378

    The appellant appeals from the August 4, 2017 order of Hainey J., in which he dismissed the appellant’s motion for leave to amend the statement of claim issued in 2012 to add the lawyer, Martin Rumack, as a party defendant. (See Decision)

    Apr 19, 2018 10:11 PM

  • R. v. Peshdary - 2018 ONSC 2487

    The Applicant, Awso Peshdary is charged with two counts of conspiracy to commit the indictable offence of knowingly participating in the activities of a terrorist group for the purpose of enhancing the ability of such a group to carry out terrorist activities contrary to s. 83.18 of the Criminal Code, one count of participating in the activity of a terrorist group for the purpose of enhancing the ability of such a group to carry out terrorist activities and one count of knowingly facilitating a terrorist activity contrary to s.83.19 of the Code. (See Decision)

    Apr 19, 2018 10:11 PM

  • State Farm Fire and Casualty Company v 1432235 Alberta Ltd - 2018 ABCA 150

    State Farm Fire and Casualty Company v 1432235 Alberta Ltd (See Decision)

    Apr 19, 2018 10:11 PM

  • R v Pucci - 2018 ABCA 149

    R v Pucci (See Decision)

    Apr 19, 2018 10:11 PM

  • R. v. Downey - 2018 NSCA 33

    In the early evening hours of November 30, 2014, three teenagers, Logan Starr, Jordan Langworthy and Ashley MacLean were playing video games at a home in Dartmouth, Nova Scotia. Suddenly, four masked assailants entered the house – at least one armed with bear spray and another with a handgun. They demanded money and weed. They forced Messrs. Starr and Langworthy into the bedroom where Ms. MacLean had been playing games by herself. While one assailant rifled through the bedroom belongings, Ms. MacLean and the gunman exchanged words. She told the intruders to leave. (See Decision)

    Apr 19, 2018 10:11 PM

  • Cowan v. Cowan - 2018 ONSC 2495

    This matter came before me on motion in order to address the following issues: (See Decision)

    Apr 19, 2018 10:11 PM

  • Campbell v. Evert - 2018 ONSC 2258

    After a three day trial and written closing submissions, I granted judgment in favour of the Plaintiff, Monica Campbell, directing the estate trustee of the estate of Gertrude Maria Ewert to administer the deceased’s estate in accordance with her Last Will and Testament dated November 12, 1990 (see Campbell v. Evert, 2018 ONSC 593). The costs of the action were left to be determined based on written submissions. (See Decision)

    Apr 19, 2018 10:11 PM

  • McCargar v Metis Nation of Alberta Association - 2018 ABCA 144

    McCargar v Metis Nation of Alberta Association (See Decision)

    Apr 19, 2018 10:11 PM

  • O’Brien v. McGilvray - 2018 ONSC 2442

    Garry O’Brien and Roy McGilvray are tenants in common of a 100 acre parcel of farm land in Cumberland. Each owns a 50 per cent interest. The farm property consists of a 36 acre woodlot and 64 acres of agricultural land. Mr. O’Brien and Mr. McGilvray disagree as to how the property should be managed and used. The only point on which they do agree is that their co-tenancy must come to an end; however, they do not agree on how the termination is best accomplished under the Partition Act, R.S.O. 1990, c. P.4. Mr. O’Brien seeks an order that the entire property be sold and that the proceeds of sale be divided equally. Mr. (See Decision)

    Apr 19, 2018 10:11 PM

  • B2B Bank v. Hails - 2018 ONCA 380

    The appellant defaulted on a residential mortgage granted in favour of the respondent. The respondent brought a motion for summary judgment, including an order for possession, which was granted unopposed. As the mortgage was to mature five weeks subsequent, the motion judge provided for the order to be held in abeyance for five weeks, to November 1, 2017, to allow the appellant an opportunity to make financial arrangements and redeem the mortgage. (See Decision)

    Apr 19, 2018 10:11 PM

  • Watto v. Immigration Consultants of Canada Regulatory Council - 2018 ONCA 376

    The appellant is a member of the respondent not-for-profit corporation. In 2013, the appellant unsuccessfully campaigned to be elected to the Board of Directors of the respondent. Statements the appellant made during his campaign have spawned a number of legal proceedings between the appellant and respondent. Effective May 22, 2014 the respondent amended bylaw 2016-1 (the “Bylaw”) to provide that no member involved in litigation with the Board would be eligible for nomination, election or appointment to the Board. (See Decision)

    Apr 19, 2018 10:11 PM

  • Bourque v. Nogojiwanong Friendship Centre - 2018 ONSC 2494

    The Defendant, Nogojiwanong Friendship Centre (NFC), brings this motion to dismiss the plaintiff’s action for delay pursuant to Rule 24.01 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194. (See Decision)

    Apr 19, 2018 10:11 PM

  • Thurm v Alberta Labour Relations Board - 2018 ABQB 300

    The matter before the Court is an application for judicial review of a decision of a three member panel of the Alberta Labour Relations Board (the “Board”) summarily dismissing the Applicant’s complaint that his union, The Calgary Firefighters Association (the “Association”), breached its duty of fair representation of him. (See Decision)

    Apr 19, 2018 10:11 PM