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  • R. v. K.J.M., 2019 SCC 55

    [1]                              On April 12, 2015, the appellant, a “young person” under the Youth Criminal Justice Act, S.C. 2002, c. 1  (“YCJA ”), was charged with various offences arising out of a fight in which he stabbed another youth in the face and the back of the head with a box cutter. He maintained his innocence, claiming self-defence. On November 9, 2016, almost 19 months after...

  • R. v. Javanmardi, 2019 SCC 54

    [1]                              Mitra Javanmardi opened a naturopathic clinic in Quebec in 1985. She has a degree in science from McGill University, a doctorate in naturopathic medicine from the National College of Naturopathic Medicine in Portland, Oregon, and a related diploma which involved 500 hours of further courses. Ms. Javanmardi’s education included classes and clinical training about...

  • McCrea v. Canada, 2019 FC 1426

    [1]  The Claimant, Carolyn Bowen, brings this application for review of claims decision determination pursuant to Section 8 of the Settlement Agreement reached in the context of this class action proceeding and approved by the Honourable Madam Justice Kane in her Order and Reasons dated January 29, 2019. Ms. Bowen seeks review of the determination of the Administrator of the EI Sickness...

  • Chowdhury v. Canada (Citizenship and Immigration), 2019 FC 1417

    [1]  This judicial review concerns the refusal by a visa officer in Singapore to issue a work permit on the basis of concern that the Applicant would not leave Canada at the end of the authorized period.

  • Zhang v. Canada (Citizenship and Immigration), 2019 FC 1416

    [1]  This judicial review concerns the rejection of the Applicant’s refugee claim under sections 96 and 97 of the Immigration and Refugee Protection Act, SC 2001, c 27. There were 11 credibility findings underpinning the Refugee Protection Division’s [RPD] decision.

  • Volkswagen Group Canada Inc. v. Association québécoise de lutte contre la pollution atmosphérique, 2019 SCC 53
  • Newland v. Canada (Citizenship and Immigration), 2019 FC 1418

    [1]  Richard Newland applied for a Pre-Removal Risk Assessment (PRRA), alleging that he would be in danger if removed to his native Jamaica since he had acted as a police informer and would be a target of violence by gang members. The Jamaica Constabulary wrote a submission letter on behalf of Mr. Newland, confirming that he had faced attacks and threats in Jamaica. The letter also said...

  • Evangelou v. Canada (Citizenship and Immigration), 2019 FC 1415

    [1]  Christos Evangelou [the Applicant] seeks a judicial review pursuant to section 72(1) of the Immigration and Refugee Protection Act, LC 2001, c 27 [IRPA]. The application concerns a decision by an Officer of Immigration Refugees and Citizenship Canada [IRCC] refusing to waive his inadmissibility based on humanitarian and compassionate [H&C] grounds.

  • True North Centre for Public Policy v. Canada (Leaders’ Debates Commission), 2019 FC 1424

    [1]  These two applications for judicial review, both filed on Monday, October 7, 2019, relate to identical decisions made by the Leaders' Debates Commission / Commission des Debats des Chefs [the Commission].  The Commission denied accreditation for the 2019 Federal Leaders’ Debates to David Menzies and Keean Bexte of Rebel News Network Ltd [Rebel News] and Andrew James Lawton of True...

  • Isugi v. Canada (Citizenship and Immigration), 2019 FC 1421

    [1]  The Refugee Protection Division (RPD) and the Refugee Appeal Division (RAD) both found that the evidence adduced by Ms. Clarisse Isugi (the Principal Applicant) and her three children (the Minor Applicants) lacked credibility and rejected their claims for refugee protection.

  • Milad v. Canada (Citizenship and Immigration), 2019 FC 1409

    [1]  The Applicant, Mohamed Farag M.S. Milad, [Mr. Milad] seeks judicial review of the decision of an Immigration Officer [the Officer] refusing his application for permanent residence in Canada based on an exemption from the requirements of the Immigration and Refugee Protection Act, SC 2001, c 27 [the Act] on humanitarian and compassionate grounds [H&C] pursuant to section 25 of the...

  • Oladele v. Canada (Citizenship and Immigration), 2019 FC 1410

    [1]  Mr. Demilade Kayode Oladele (the “Applicant”) seeks judicial review of the decision made by a Delegate (the “Delegate”) of the Minister of Citizenship and Immigration (the “Respondent”) refusing his application for permanent residence on Humanitarian and Compassionate (“H&C”) grounds pursuant to subsection 25 (1) of the Immigration and Refugee Protection Act, 2001, c.27 (the “Act”).

  • Woldemaryame v. Canada (Citizenship and Immigration), 2019 FC 1411

    [1]  This judicial review application concerns a redetermination by the Refugee Appeal Division [RAD] following a judgment of this Court granting a judicial review application with respect to a previous RAD decision (2018 FC 58). This second challenge to a RAD decision is made pursuant to section 72 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 [IRPA or the Act]. For the...

  • Bayer Inc. v. Dr. Reddy's Laboratories Ltd., 2019 FC 1408

    [1]  The present action is, chronologically, the fifth action to have been commenced by Bayer pursuant to subsection 6(1) of the Patented Medicines (Notice of Compliance) Regulations SOR/93-133 in relation to the drug rivaroxaban and the three patents listed against it. By this motion, Dr. Reddy’s Laboratories seeks an order directing that the portions of the trial dealing with invalidity...

  • Martinez v. Canada (Communications Security Establishment), 2019 FCA 282

    [1]  The respondent moves for an order to quash this appeal pursuant to subsection 52(a) of the Federal Courts Act, R.S.C. 1985, c. F-7 and under the inherent jurisdiction of the Federal Court of Appeal to control its own process and prevent abuse of that process, on the grounds that:

  • R. v. Rafilovich, 2019 SCC 51

    [1]                              Do the proceeds of crime provisions of the Criminal Code, R.S.C. 1985, c. C-46  (“Code ”), require courts to give with one hand, only to take away with the other? The appellant, Yulik Rafilovich, applied for and was returned funds that the state had initially seized from him as potential proceeds of crime, because he needed the funds to pay for his legal defence...

  • Milak v. Canada (Citizenship and Immigration), 2019 FC 1400

    [1]  This application is for a judicial review of a decision of the Refugee Protection Division of the Immigration and Refugee Board [RPD], dated December 20, 2018, on a redetermination following an earlier decision in 2012. The Member refused the Applicants’ refugee claim [the Decision]. This application is brought pursuant to subsection 72(1) of the Immigration and Refugee Protection Act,

  • R. v. James, 2019 SCC 52
  • He v. Canada (Citizenship and Immigration), 2019 FC 1395

    [1]  This judicial review concerns a decision by the Refugee Appeal Division [RAD] finding the Applicant not to be a refugee or in need of protection. Its decision was based principally on the RAD finding certain documents within the application to be fraudulent.

  • Huseynov v. Canada (Citizenship and Immigration), 2019 FC 1392

    [1]  This application judicially reviews a decision of the Refugee Appeal Division, or RAD, confirming the finding of the Refugee Protection Division, or RPD, that the Applicant is neither a Convention refugee nor a person in need of protection. For the following reasons, I am dismissing the application.

  • Maclean v. Canada (Attorney General), 2019 FCA 277

    [1]  The applicant, Mr. Randy MacLean, seeks judicial review of a decision of the Appeal Division of the Social Security Tribunal, dated October 30, 2017, refusing his application to rescind or amend one or both of two Pension Appeals Board decisions on the basis that the application was made beyond the one-year limitation period established by subsection 66(2) of the Department of...

  • Beima v. Canada (National Revenue), 2019 FCA 280

    [1]  Mr. Beima appeals the order dated February 15, 2018 of the Federal Court (per McDonald J.) in file T-2047-14. The Federal Court found Mr. Beima in contempt for not complying with a production order under section 231.7 of the Income Tax Act R.S.C. 1985, c. 1 (5th Supp). In an exercise of discretion favourable to Mr. Beima, the Federal Court did not impose any penalty for his contempt.

  • Kufsky v. The Queen, 2019 TCC 254

    [1]  Michelle Kufsky (the “Appellant”) appeals from a third party assessment issued by the Minister of National Revenue (the “Minister”) pursuant to section 160 of the Income Tax Act, RSC 1985, c 1 (5th Supp) (the “Act”) in respect of a tax debt owed by Mon Refuge Décor Inc. (the “Corporation”).

  • Pao v. Canada (Citizenship and Immigration), 2019 FC 1397

    [1]  Ms. Jun Yuan Pao (the “Applicant”) seeks judicial review of a decision of Mr. Alvin Fell, a Program Support Officer (the “Officer”) employed with Immigration, Refugees and Citizenship Canada (“IRCC”), refusing her application for the issuance of a Permanent Resident Card.

  • Elroumi v. Shenzhen Top China Imp & Exp Co. Ltd., 2019 FCA 281

    [1]  The Appellants appeal from the orders of the Federal Court in Elroumi v. Shenzhen Top China Imp & Exp Co., Ltd China, 2018 FC 633 (per Gagné, J.) in which the Federal Court granted the motions of Entrepot Canchi and CMA CGM to strike out the Appellants’ claim against Entrepot Canchi and Entrepot Canchi’s third-party claim against CMA CGM. The Appellants also seek an order from this

  • Stukanov v. Canada (Attorney General), 2019 FCA 278

    [1]  This is an appeal by Igor Stukanov from a decision of Mr. Justice Fothergill of the Federal Court (2018 FC 1264), dated December 13, 2018 which dismissed an earlier appeal from a decision of the Commissioner of Patents (the Commissioner) refusing Mr. Stukanov’s Patent Application No. 2,792,456 (the Application). The basis for the refusal of the Application was that the alleged...

  • Fink v. Canada (Attorney General), 2019 FCA 276

    [1]  Subsection 23(2) of the Financial Administration Act, R.S.C. 1985, c. F-11, allows the federal government to provide full or partial relief from any tax or penalty, including interest paid or payable thereon, where the Governor in Council “considers that the collection of the tax or the enforcement of the penalty is unreasonable or unjust or that it is otherwise in the public interest...

  • Stone v. The Queen, 2019 TCC 253

    [1]  In some ways, this appeal was somewhat unusual.

  • Balderramos v. Canada (Citizenship and Immigration), 2019 FC 1391

    [1]  Orlin Rafael Rivera Balderramos [Mr. Balderramos], his spouse, Sinia Coello Castejon [Ms. Castejon] and two of their children [collectively referred to as “the Applicants”] seek  judicial review, pursuant to section 112 of the Immigration and Refugee Protection Act, SC 2001, c 27 [Act], from the October 12, 2018 decision of a Pre-Removal Risk Assessment [PRRA] Officer. The Officer...

  • Whitefish Lake First Nation v. Grey, 2019 FCA 275

    [1]  The appellant appeals from the order of the Federal Court dated January 22, 2019 in Court file number 18-T-79 extending the time for the respondent to commence an application for judicial review of the decision of an Election Appeal Arbitrator affirming the results of the election of the Chief of the appellant First Nation.

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