Case Law

Jurisdiction

Latest documents

  • Makivik Corporation v. Canada (Attorney General), 2021 FCA 184

    [1] The Nunavik Inuit Land Claims Agreement (NILCA [*] ) is a modern treaty between the Nunavik Inuit, represented by the appellant Makivik Corporation, and the Government of Canada. It applies to the offshore region around northern Québec, northern Labrador and offshore northern Labrador. The rights that it grants to the Nunavut Inuit are constitutionally protected by section 35 of the Constitution Act, 1982.

  • Canada v. Greenwood, 2021 FCA 186

    [1] Class proceedings in the Federal Court provide a procedural vehicle to advance or defend similar claims by members of a group. For plaintiffs, pursuit of such claims via a class proceeding, commenced by one or a few representatives on behalf of members of a larger class, is meant to facilitate access to justice, advance judicial economy and encourage defendants and potential defendants to modify behaviours that give rise to liability. In the Federal Court, as elsewhere in Canada, a representative plaintiff who wishes to pursue a class proceeding must have a judge certify (i.e. authorize) the proceeding as a class proceeding before it can proceed.

  • Eaton v. Teva Canada Limited, 2021 FC 968

    [1] In this Motion, the plaintiff seeks approval of a litigation funding agreement [LFA] and certain ancillary relief.

  • Bakare v. Canada (Citizenship and Immigration), 2021 FC 967

    [1] Jamila Wuraola Bakare and her three children seek refugee protection in Canada. Ms. Bakare claims three Ogboni elders from her husband’s home village in Nigeria have threatened them for refusing to allow the children to undergo dangerous “cleansing” rituals. The Refugee Protection Division (RPD) of the Immigration and Refugee Board refused the family’s refugee claims on a number of grounds including the availability of an internal flight alternative (IFA) in Lagos. The Refugee Appeal Division (RAD) upheld the IFA finding as determinative of the appeal. In doing so, the RAD refused to accept as new evidence under subsection 110(4) of the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA] an opinion the Bakares submitted from a Nigerian lawyer about the viability of an IFA in Lagos.

  • Vancouver Fraser Port Authority v. GCT Canada Limited Partnership, 2021 FCA 183

    [1] The appellant, Vancouver Fraser Port Authority (VFPA), is a port authority established under the Canada Marine Act, S.C. 1998, c. 10. Among its varied responsibilities is authorizing the construction and operation of container terminals. The respondents are GCT Canada Limited Partnership (GCT) and the Attorney General of Canada, though the latter has not participated in this appeal. GCT is a tenant of VFPA, holding a permit therefrom to operate the terminal at Roberts Bank in Delta, British Columbia.

  • Kupriianova v. Canada (Citizenship and Immigration), 2021 FC 958

    [1] Ms. Kupriianova is a 71-year-old citizen of Russia who seeks judicial review of a decision of a visa officer at the Embassy of Canada in Moscow dated August 31, 2020, in which her application for a multiple-entry temporary resident visa [TRV] was refused. In short, I find the reasons of the visa officer lack appropriate justification. Consequently, the decision is unreasonable and is to be set aside.

  • Lawal v. Canada (Citzenship and Immigration), 2021 FC 964

    [1] Ibrahim Olanrewaju Lawal, his spouse, Jemila Abiola Lawal, and their two daughters are citizens of Nigeria. They allege a fear of persecution by members of Mr. Lawal’s extended family who insist that the 13-year-old daughter undergo female genital mutilation (FGM). The Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada determined that the applicants have a viable internal flight alternative (IFA) within Nigeria, in Benin City, and as a result they are neither Convention refugees nor persons in need of protection under sections 96 and 97 of the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA]. The Refugee Appeal Division (RAD) dismissed the applicants’ appeal and confirmed the RPD’s determination that Benin City is a viable IFA.

  • Hung v. The Queen, 2021 TCC 62

    [1] The application for an extension of time to file a Notice of Objection for the 2015 and 2016 taxation years is dismissed for the following reasons.

  • Paletta International Corporation v. Canada, 2021 FCA 182

    [1] These are reasons delivered orally in the appeals of Paletta International Corporation and Angelo Paletta. The appeals are from judgments of the Tax Court which substantially upheld reassessments issued to the appellants under the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.) (2019 TCC 205, per Hogan J.).

  • Li v. Canada (Citizenship and Immigration), 2021 FC 956

    [1] The applicant, Qiqing Li, seeks judicial review of a decision of the Refugee Appeal Division (RAD) of the Immigration and Refugee Board of Canada. Mr. Li is a citizen of China who fears religious persecution by the Public Security Bureau (PSB) as a member of an underground church known as the Shouters. A friend introduced Mr. Li to the church.

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