Case Law

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Jurisdiction

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  • Binjamin v. Canada, 2022 FCA 164

    [1] The appellant, Sabri Binjamin, appeals the judgment of the Tax Court of Canada (per Russell J.) (2019 TCC 287) in which the Tax Court Judge upheld the Minister’s assessments under Part IX of the Excise Tax Act, R.S.C., 1985, c. E-15 (the Act) of 12 quarterly reporting periods extending from January 1, 2012 to December 31, 2013, and upheld the imposition of gross negligence penalties pursuant to section 285 of the Act.

  • Ayeyemi v. Canada (Citizenship and Immigration), 2022 FC 1364

    [1] The Applicant, Oluwafemi Sunday Ayeyemi (“Mr. Ayeyemi”), made a claim for refugee protection in Canada. He is a citizen of Nigeria. His refugee claim was based on his fear of persecution by his extended family in Nigeria. The Refugee Protection Division (“RPD”) dismissed his refugee claim. Mr. Ayeyemi appealed this decision to the Refugee Appeal Division (“RAD”). The RAD dismissed his appeal. Mr. Ayeyemi now challenges the RAD’s refusal in this judicial review.

  • Bharadwaj v. Canada (Citizenship and Immigration), 2022 FC 1362

    [1] In December 2018, the applicant applied for permanent residence in Canada as a member of the Canadian Experience Class (“CEC”). Under the Immigration and Refugee Protection Regulations, SOR/2002-227 (“IRPR”), a foreign national such as the applicant is a member of the CEC if they have acquired in Canada, within three years of the date they make their application, at least one year of full-time work experience in a qualifying occupation and, during that period of employment, they performed the actions described in the lead statement and a substantial number of the main duties of the occupation as set out in the National Occupational Classification (“NOC”) matrix: see IRPR subsection 87.1(2).

  • Watkins v. Canada (Attorney General), 2022 FC 1363

    [1] The applicant, Herbert Watkins, brings this application for judicial review of an October 6, 2021 decision (Decision) that refused his request for remedial relief under subsection 66(4) of the Canada Pension Plan, RSC 1985, c C-8 [Act]. Mr. Watkins requested remedial relief to recover about three years of Canada Pension Plan (CPP) disability benefits. He alleges he was entitled to these benefits and they were denied as a result of receiving erroneous advice from a CPP medical adjudicator.

  • Yu v. Canada (Citizenship and Immigration), 2022 FC 1360

    [1] This is an application for judicial review of a decision by the Refugee Appeal Division [RAD], dated September 17, 2021, affirming a decision of the Refugee Protection Division [RPD], which found the Applicant is neither a Convention refugee nor a person in need of protection.

  • Santiago Garcia v. Canada (Citizenship and Immigration), 2022 FC 1359

    [1] The applicants seek judicial review of the dismissal of their claim for refugee status. I am granting their application because the decision-maker’s negative credibility findings were not reasonably grounded in the evidence.

  • Betser-Zilevitch v. Petrochina Canada Ltd., 2022 FCA 162

    [1] The appellant, Maoz Betser-Zilevitch (Mr. Betser), appeals a decision of the Federal Court (the “Judgment”, 2021 FC 85, per Manson J.) dismissing his action against the respondent, PetroChina Canada Ltd. (PCC), alleging infringement of his Canadian Patent No. 2,584,627 (the 627 Patent). Mr. Betser also appeals the Federal Court’s decision on costs arising from his action (the “Costs Judgment”, 2021 FC 151, per Manson J.). For its part, PCC cross-appeals the Federal Court’s dismissal, in the Judgment, of its counterclaim alleging invalidity of the 627 Patent.

  • Fisehaye v. Canada (Citizenship and Immigration), 2022 FC 1358

    [1] The Applicant applies for judicial review of a decision by a visa officer (the “Officer”), rejecting her application for Canadian permanent residence as a Convention refugee abroad or Humanitarian-Protected Person Abroad class.

  • Tesfazgi v. Canada (Citizenship and Immigration), 2022 FC 1356

    [1] This is an application for judicial review made pursuant to subsection 72(1) of the Immigration and Refugee Protection Act , S.C. 2001, c 27 [IRPA]. The Applicant asks this Court to set aside the Immigration Division [ID] of the Immigration and Refugee Board’s [IRB] decision dated July 16, 2021, which issued a deportation order against the Applicant after concluding he was inadmissible to Canada on grounds of serious criminality per paragraphs 36(1)(b) of IRPA and 229(1)(c) of the Immigration and Refugee Protection Regulations, SOR/2002-227 [Regulations].

  • Metskhvarishvili v. Canada (Citizenship and Immigration), 2022 FC 1350

    [1] This concerns a judicial review application made pursuant to section 72 of the Immigration and Refugee Protection Act, SC 2001, c 27 [the Act]. The Applicants are wife and husband, with Mrs. Patmani Metskhvarishvili being the Principal Applicant in view of the fact that the reasons invoked to seek asylum in Canada are in relation to her activities as a political activist.

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