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Case Law

  • S.L. v. Canada (Attorney General) - 2017 FC 1130

    This is an application for judicial review, pursuant to section 18.1 of the Federal Courts Act, RSC 1985, c F-7, of a decision [Decision] of the Canadian Human Rights Commission [the Commission] dated January 31, 2017, made pursuant to subparagraph 44(3)(b)(i) of the Canadian Human Rights Act, RSC 1985, c H-6 [the CHRA], in which the Commission determined that an inquiry by the Canadian Human Rights Tribunal [the Tribunal] into the Applicant’s complaint against Citizenship and Immigration Canada [CIC] was not warranted. (See Decision)

    Dec 13, 2017 11:07 AM

  • Slatineanu v. Canada (Citizenship and Immigration) - 2017 FC 1129

    On March 22, 2017, Costel Slatineanu [the Applicant] filed for judicial review of an Immigration and Refugee Board, Immigration Appeal Division [IAD] decision that declared his appeal abandoned. Within days, the Applicant also applied to the IAD to reopen his appeal on the same grounds pursuant to section 71 of the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA]. Because judicial review is prohibited until any right of appeal that may be provided by the IRPA is exhausted, I will dismiss this appeal for being pre-mature for the reasons that follow. (See Decision)

    Dec 13, 2017 11:07 AM

  • Enam v. Canada (Immigration, Refugees and Citizenship) - 2017 FC 1117

    This is an application for judicial review brought by the Applicant pursuant to section 72(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 [the IRPA], of a decision made by the Refugee Appeal Division of the Immigration and Refugee Board [the RAD], dated March 28, 2017, dismissing the Applicant’s appeal of the decision of the Refugee Protection Division [RPD] which held that the Applicant is not a Convention Refugee or a person in need of protection [the Decision]. (See Decision)

    Dec 13, 2017 11:07 AM

  • Gonzalez Zuluaga v. Canada (Citizenship and Immigration) - 2017 FC 1105

    This is an application to consider the reasonableness of an immigration officer’s refusal to issue super visas to the applicants. For the reasons that follow, this application for judicial review is dismissed. (See Decision)

    Dec 13, 2017 11:06 AM

  • Connor Financial Services International Inc. v. M.N.R. - 2017 TCC 242

    The issue in these four informal appeals heard together is whether two individuals working at Connor Financial Services International Inc. were engaged in insurable employment and pensionable employment for purposes of the Employment Insurance Act (“EI Act”) and the Canada Pension Plan (“CPP”) respectively. Neither of the two workers intervened in these appeals, although as described below one appeared as a witness. (See Decision)

    Dec 13, 2017 11:06 AM

  • C.D. Howe Institute Commentary

    Issues #492 (September 2017) and #491 (September 2017) of publication C.D. Howe Institute Commentary are now available

    Dec 12, 2017 11:32 AM

  • Ewonde v. Canada - 2017 FC 1120

    The Defendant, Her Majesty the Queen, seeks to dismiss the Plaintiff’s actions due to the Plaintiff’s inordinate delay in moving his actions forward. The Defendant brought three motions in writing, pursuant to Rule 369 of the Federal Courts Rules, to dismiss the Plaintiff’s three actions. (See Decision)

    Dec 12, 2017 11:07 AM

  • Alpha Marathon Technologies Inc. v. Dual Spiral Systems Inc. - 2017 FC 1119

    The Defendants, Dual Spiral Systems Inc. [DSS] and Rafael Castillo [Castillo] seek an Order, pursuant to Rule 221 of the Federal Courts Rules, SOR/98-106 [Federal Courts Rules] to strike the Plaintiff’s Statement of Claim and dismiss the Plaintiff’s action. The Defendants submit that this Court is without jurisdiction to determine this action, which is about the ownership of an invention that is not patented in Canada and is based primarily on a contractual dispute. (See Decision)

    Dec 12, 2017 11:07 AM

  • Thorne v. Canada - 2017 FC 1116

    When the Minister of Indigenous and Northern Affairs Canada [respectively Minister and INAC] retained jurisdiction of Eugene Thorne’s testamentary matters and approved his will, the Minister did so despite allegations of duress, undue influence, lack of capacity, and hardship. Eugene Thorne’s son, William Thorne, appealed the Minister’s decision to the Federal Court pursuant to section 47 of the Indian Act, RSC 1985, c I-5 [Indian Act], which means he must show the Minister’s decision is unreasonable, or breached procedural fairness. Because the Minister considered all the relevant evidence and interpreted the Indian Act in a manner consistent with Parliament’s intent, this Court finds the Minister’s decisions were reasonable and procedurally fair. I will dismiss this appeal for the reasons that follow. (See Decision)

    Dec 12, 2017 11:07 AM

  • Pereira v. Canada (Attorney General) - 2017 FCA 238

    The appellant appeals from the judgment dated May 13, 2015 of the Tax Court of Canada (per Paris J.). The Tax Court upheld the assessment of tax for the appellant’s 2013 taxation year under the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.). (See Decision)

    Dec 12, 2017 11:07 AM

  • Packers Plus Energy Services Inc. v. Essential Energy Services Ltd. - 2017 FC 1111

    This action is a consolidation of various proceedings involving the plaintiffs and defendants identified above. The parties are all companies involved in the oil and gas industry, most particularly, the extraction of hydrocarbons by a process called fracturing (or frac’ing). The action relates to a claim by the plaintiff Packers Plus Energy Services Inc that two of the defendants, Essential Energy Services Inc and Tryton Tool Services Ltd, have infringed Packers’ Canadian Patent No 2,412,072 (the ‘072 patent) (Tryton is a division of Essential, and Essential assumes responsibility for Tryton, so I need only refer to Essential in these reasons.) Packers’ claim against Essential has been merged with the collective defendants’ counterclaims that the ‘072 patent is invalid. Separate proceedings on damages, if necessary, are scheduled to take place in early 2018. (See Decision)

    Dec 12, 2017 11:07 AM

  • Bernier v. Canada (Attorney General) - 2017 CF 1108

    La demanderesse, Everlight Electronics Co., Ltd [Everlight], cherche à modifier une inscription dans les dossiers du Bureau des brevets. La demande – qui n’est pas contestée – est accueillie par la Cour. (See Decision)

    Dec 12, 2017 11:06 AM

  • Romaker v. The Queen - 2017 TCC 241

    The Appellant, Philip Romaker, launched this general procedure appeal of reassessments under the Income Tax Act (Canada) (Act) in respect of his 2007, 2008 and 2009 taxation years. He is appealing so-called gross negligence penalty assessments pursuant to subsection 162(3) of the Act in respect of deductions claimed in his 2007, 2008, 2009 returns, as prepared by persons the Appellant says he had trusted and that they deceived him. (See Decision)

    Dec 12, 2017 11:06 AM

  • R. v. O.N. - 2017 ONCA 923

    The appellant appeals from convictions of assault; using an imitation firearm in committing an offence; threatening to cause bodily harm and carrying a concealed weapon. The offences arise out of an altercation said to have occurred in a washroom at a secondary school. (See Decision)

    Dec 11, 2017 11:06 AM

  • Laxton v. Coglon - 2017 BCSC 2170

    The claimant, Chandra Laxton, and the respondent, Richard Coglon, began cohabitation in February of 1993 and were married in West Vancouver, British Columbia on August 21, 1993. They have three children. (See Decision)

    Dec 11, 2017 11:06 AM

  • Zedah v. Moadebi - 2017 BCSC 2164

    The plaintiff, a businessperson, hired the defendant, a licenced real estate agent, to act for him with respect to the purchase of a particular piece of real estate subject to foreclosure (the “Property”). The defendant would be entitled to a commission for his services. (See Decision)

    Dec 11, 2017 11:06 AM

  • Pixhug Media Inc. v. Steeves - 2017 BCSC 2171

    In this action, the plaintiff, Pixhug Media Inc. (“Pixhug”), claims against the defendants for fraud, conversion, breach of trust, breach of fiduciary duty, breach of contract and unjust enrichment related to a failed project for the development of certain computer software. (See Decision)

    Dec 11, 2017 11:06 AM

  • Paulsen v. Wober - 2017 BCSC 2163

    In this family case, I heard an application on January 31 and February 1 of this year, and gave my decision on February 2. At para. 10 of the February 2 order, I granted the parties liberty to apply for the costs of the application. Approximately 10 months later, Mr. Wober brought this application, seeking double costs and alternatively ordinary costs. (See Decision)

    Dec 11, 2017 11:06 AM

  • Pink v. 0957761 B.C. Ltd. - 2017 BCSC 2165

    This litigation arises from a failed real estate transaction. The purchaser, Frankfurt Investments Inc. (“Frankfurt”) in a separate action, alleges that it entered into a binding share purchase agreement (the “SP Agreement”) with the first three defendant numbered companies as the registered owners of real property located on Robson Street in Vancouver (the “Properties”). Frankfurt alleges the SP Agreement is valid and enforceable as against the fourth defendant numbered company as the beneficial owner of the land. (See Decision)

    Dec 11, 2017 11:06 AM

  • R. v. Tahmasebi - 2017 ONCJ 816

    …was watching television at her home on April 19, 2016 at about 10:30 p.m. when she saw a bright light shining into her house. She went to the door and saw a person parked in her driveway with his headlights on. She could not tell if the car was running. He had his head down to his left. She described him as being “crouched down”. She did not know if he was okay and was afraid. She opened her door and asked “Are you okay?” three times without response. She went in, called 911, and police came some seven minutes later. She saw a police officer go up to the side of the car. She heard some noises and commotions and saw a police officer “hopping” on the front lawn and collapsing on the grass. (See Decision)

    Dec 11, 2017 11:06 AM

  • Winters v. Hunking - 2017 ONCA 909

    Ray Hunking mortgaged his family homestead farm near Dundalk, Ontario, for more than he could afford to repay. Sometime after he failed to do so, the mortgagees obtained a default judgment for foreclosure. A motion to set aside the judgment failed, and this appeal is the result. (See Decision)

    Dec 11, 2017 11:06 AM

  • Wenzel v Wenzel - 2017 MBCA 113

    The respondent (the mother) appeals the decision of the trial judge granting sole custody of the two children of the marriage to the petitioner (the father), with supervised access to her. (See Decision)

    Dec 11, 2017 11:06 AM

  • R. v. St. Amand - 2017 ONCA 913

    On April 17, 2013 the appellant, Samuel St. Amand, was arrested and charged with one count each of making available and possession of child pornography, contrary to ss. 163.1(3) and 163.1(4) of the Criminal Code, R.S.C. 1985, c. C-46. (See Decision)

    Dec 11, 2017 11:06 AM

  • R. v. T.D.A - 2017 ONCA 910

    The appellant seeks to set aside his convictions for sexual interference, invitation to sexual touching and sexual assault. (See Decision)

    Dec 11, 2017 11:06 AM

  • R. v. Nuttall - 2017 ONCA 914

    The Crown seeks to appeal the acquittal of the respondent of possession for the purpose of trafficking cocaine. He was convicted only of simple possession. The Crown must show an error of law that might reasonably have had a material bearing on the acquittal: see R. v. Graveline, 2006 SCC 16, [2006] 1 S.C.R. 609. (See Decision)

    Dec 11, 2017 11:06 AM

  • Servus Credit Union Ltd v Sulyok - 2017 ABQB 611

    This is an application for a deficiency judgment against a discharged Bankrupt and his estranged spouse where the discharged Bankrupt made payments for condominium fees and mortgage installment arrears after the Absolute Discharge was granted. For the reasons that follow, I find the claim against the Defendant Daniel Ernest Sulyok was extinguished by virtue of section 178(2) of the Bankruptcy and Insolvency Act and dismiss the application for a deficiency judgment against him. I grant a deficiency judgment against the Defendant Chelsey Rae Tomlinson. (See Decision)

    Dec 9, 2017 11:06 PM

  • R. v. Jones - 2017 SCC 60

    The appellant, Mr. Jones, was convicted of several firearms and drug trafficking offences. His convictions rest on records of text messages seized from a Telus account associated with his co-accused pursuant to a production order obtained under s. 487.012 (now s. 487.014) of the Criminal Code, R.S.C. 1985, c. C-46 (the “Production Order ”). As in the courts below, the appellant challenges the Production Order under s. 8 of the Canadian Charter of Rights and Freedoms . He argues that law enforcement must obtain a “wiretap” authorization under Part VI of the Code to seize records of historical text messages from a service provider in order for the seizure to comply with s. 8 of the Charter . (See Decision)

    Dec 9, 2017 11:07 AM

  • R. v. Marakah - 2017 SCC 59

    Can Canadians ever reasonably expect the text messages they send to remain private, even after the messages have reached their destination? Or is the state free, regardless of the circumstances, to access text messages from a recipient’s device without a warrant? The question in this appeal is whether the guarantee against unreasonable search and seizure in s. 8 of the Canadian Charter of Rights and Freedoms can ever apply to such messages. (See Decision)

    Dec 9, 2017 11:07 AM

  • Abuloc v. Canada (Citizenship and Immigration) - 2017 FC 1113

    The Applicant has applied for judicial review of a decision, dated May 11, 2017, of a visa officer [the Officer] at the Canadian Embassy in Makati City, Philippines, refusing her application for a temporary resident visa. This application is made pursuant to subsection 72(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 [the IRPA]. (See Decision)

    Dec 9, 2017 11:06 AM

  • Canada (Border Services Agency) v. Globe Union (Canada) Inc. - 2017 FCA 237

    The appellant seeks to set aside the September 30, 2016 decision of the Canadian International Trade Tribunal (the CITT or the Tribunal) in Globe Union (Canada) Inc. v. Canada (Border Services Agency President), [2016] C.I.T.T. No. 85, 21 T.T.R. (2d) 19. In that decision, the CITT determined that several models of bathroom vanities and mirrors imported by the respondent as sets for retail sale should be classified under tariff item No. 6910.90.00 of the schedule to the Customs Tariff, S.C. 1997, c. 36 and not under tariff item No. 9403.60.10. (See Decision)

    Dec 9, 2017 11:06 AM