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  • McLean v. Canada (Attorney General), 2019 FC 1077

    [1]  This is the decision concerning the approval of counsel fees and the payment of honorariums to named plaintiffs in the Indian Day Schools Settlement Agreement [Settlement and/or Agreement]. The matter proceeded separately from the Settlement Approval Hearing but immediately after its conclusion. While this is a separate decision from the Settlement Approval, this decision should be...

  • McLean v. Canada (Attorney General), 2019 FC 1076
  • McLean v. Canada (Attorney General), 2019 FC 1075

    [1]  This settlement agreement is the culmination of litigation concerning tragic, scarring events in the lives of those who attended Indian Day Schools. These events include mockery, belittlement, and physical, sexual, cultural and emotional abuse, which are soul damaging. Healing will be a long-term process at best.

  • McLean v. Canada (Attorney General), 2019 FC 1074
  • Kreishan v. Canada (Citizenship and Immigration), 2019 FCA 223

    [1]  Under the safe third country concept in refugee law, claims for asylum may be rejected on the basis that the claimant should have sought protection in a country other than where the claim was made. An underlying objective of this concept is to deter asylum shopping (see Stephen H. Legomsky, “Secondary Refugee Movements and the Return of Asylum Seekers to Third Countries: The Meaning of

  • Aghaalikhani v. Canada (Citizenship and Immigration), 2019 FC 1080

    [1]  The applicant, Mr. Ali Aghaalikhani, is a 30-year-old citizen of Iran. In 2018, Mr. Aghaalikhani was accepted to Langara College in Canada, to complete a post bachelor’s diploma in business administration. He pre-paid close to $6,000 for tuition, and secured a job offer in his country of residence at Otagh Asnaf Iran (which translates as the “Iran Chamber of Guilds”) following his...

  • Nelson v. Canada (Attorney General), 2019 FCA 222

    [1]  The Applicant, Ms. Marilyn Nelson, seeks judicial review of a decision of the Appeal Division of the Social Security Tribunal dated October 29, 2018 (AD-18-348). The Appeal Division allowed the Applicant’s appeal from a decision of the General Division of the Social Security Tribunal dated April 23, 2018 (GE-17-3920), but nevertheless ultimately agreed with the General Division’s...

  • MacDonald v. The Queen, 2019 TCC 169

    [1]  The Appellant Tyler MacDonald has appealed, electing this Court’s informal procedure, two reassessments raised April 1, 2016 by the Respondent’s Minister of National Revenue (Minister) under the federal Income Tax Act (Act). The reassessments pertain to the Appellant’s 2012 and 2013 taxation years respectively, disallowing claimed employment expenses of $37,979 (2012) and $61,888 (2013)

  • Strum v. The Queen, 2019 TCC 167

    [1]  In this informal procedure appeal the Appellant, James Strum, appeals three reassessments raised November 19, 2018 by the Minister of National Revenue (Minister). The reassessments are respectively of the Appellant’s 2013, 2014 and 2015 taxation year liabilities under the federal Income Tax Act as amended (Act). The 2013 taxation year reassessment was raised after the expiry of the...

  • Taghlian v. M.N.R., 2019 TCC 165

    [1]  This is an appeal from the determination by the Minister of National Revenue (the “Minister”) that the Appellant did not hold insurable employment based on paragraphs 5(2)(i) and 5(3)(b) of the Employment Insurance Act, S.C. 1996, c.23 (the “EIA”) while the Appellant worked for 9249-7403 Québec Inc. during the period of August 7, 2017 to November 30, 2017.

  • Clevor Technologies Inc. v. The Queen, 2019 TCC 166

    [1]  This appeal brought by Clevor Technologies Inc., the Appellant, is of a reassessment that the Minister of National Revenue (Minister) raised June 15, 2015 under the Income Tax Act (Canada) (Act) respecting the Appellant’s 2013 taxation year. After unsuccessfully objecting to the reassessment it is now appealed to this Court. Specifically the appeal pertains to the Minister’s denial of...

  • Wall v. The Queen, 2019 TCC 168

    [1]  The Appellant, John Wall, has been a licensed real estate agent in Vancouver since approximately 1977. He also has significant experience developing real estate. He has, however, reported very little income for income tax purposes from either activity. In 2006, 2008 and 2010, Mr. Wall sold four properties in British Columbia for aggregate sale proceeds of $5,784,000.00 (and estimated...

  • Ejeihi v. Canada (Immigration, Refugees and Citizenship), 2019 FC 1070

    [1]  This is an application for judicial review, under section 72(1) of the Immigration and Refugee Protection Act [IRPA], of a decision of the Refugee Appeal Division (“RAD”), dated September 19, 2017, in which the RAD upheld the decision of the Refugee Protection Division (“RPD”), dated February 24, 2017, that the Applicants are neither Convention refugees nor persons in need of...

  • Mohamed v. Canada (Citizenship and Immigration), 2019 FC 1071

    [1]  The Applicant, Mr. Abdullahi Makaran Mohamed, seeks judicial review of a decision of the Refugee Appeal Division (RAD) of the Immigration and Refugee Board of Canada. The RAD dismissed the Applicant’s appeal of a decision of the Refugee Protection Division (RPD) and confirmed the RPD’s decision that he was neither a Convention refugee nor a person in need of protection pursuant to...

  • Interlake Reserves Tribal Council v. Canada (Environment and Climate Change), 2019 FC 1067

    [1]  This is an application for judicial review of a decision by the Minister of Environment and Climate Change in which she declined to exercise her discretion to refer the environmental assessment of a permanent flood control management project to a review panel.  For the reasons set out below, I am dismissing the application.

  • Gregg v. Air Canada Pilots Association, 2019 FCA 218

    [1]  The appellants are former pilots of Air Canada. They were subject to Air Canada’s mandatory retirement policy at age 60, which prevailed between March 2011 and October 2012. During this time, paragraph 15(1)(c) of the Canadian Human Rights Act, R.S.C., 1985, c. H-6 (Act), was still in force (repealed effective December 15, 2012). This paragraph provided that it was not a discriminatory

  • Corning Cable Systems LLC v. Canada (Attorney General), 2019 FC 1065

    [1]  Corning Cable Systems LLC [Corning] brings appeals under section 41 of the Patent Act, RSC 1985, c P-4 [Act] of two decisions rendered by the Commissioner of Patents [Commissioner], each dismissing a patent application on the ground of obviousness. The Commissioner dismissed the two patent applications under section 40 of the Act, on recommendations of a three member panel of the...

  • Edobor v. Canada (Citizenship and Immigration), 2019 FC 1064

    [1]  The principal applicant, Josephine Osari Edobor, claims to be a citizen of Nigeria who fears persecution at the hands of her husband’s family there.  In particular, she claims that she fled Nigeria in October 2014 with her then nearly six year old daughter Excellent Osagu Edobor and four year old son Divine Oghosa Edobor after repeated threats by members of her extended family to...

  • SLFI Group v. Canada, 2019 FCA 217

    [1]  This is an appeal of a judgment of the Tax Court of Canada (2017 TCC 78) that dismissed an appeal from assessments of goods and services tax (GST) under the Excise Tax Act, R.S.C. 1985, c. E-15.

  • Ylanan v. Canada (Public Safety and Emergency Preparedness), 2019 FC 1063

    [1]  The Applicant [Ms. Ylanan] seeks judicial review pursuant to subsection 72(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 [the IRPA] of a decision dated October 12, 2018 [the Decision] by the Immigration Appeal Division [the IAD] in which it refused Ms. Ylanan’s appeal of a removal order issued against her. The Immigration Division [the ID] had issued the removal order

  • Colmenares Ayala v. Canada (Public Safety and Emergency Preparedness), 2019 FC 1066

    [1]  The application before the Court is for a stay of removal on the basis of a pending application for leave and judicial review.

  • Celine, Société Anonyme v. Tobey, 2019 FC 1053

    [1]  The plaintiff is a well-known manufacturer and distributer of luxury merchandise.  In an action commenced in late 2017, the plaintiff alleges that the defendant sold counterfeit merchandise bearing one or more of its trademarks.  Specifically, the plaintiff alleges that, beginning in or about October 2017, the defendant sold this counterfeit merchandise through a retail business...

  • Lu v. Canada (Citizenship and Immigration), 2019 FC 1060

    [1]  The Applicant, Ms. Jing Ying Lu, seeks judicial review of a decision of the Refugee Protection Division (RPD) of the Immigration and Refugee Board granting the Minister’s application to cease her Convention refugee status pursuant to subsection 108(2) of the Immigration and Refugee Protection Act, SC 2001, c 27 (IRPA). The RPD determined that the Applicant had voluntarily reavailed...

  • Louis Vuitton Malletier S.A. v. Tobey, 2019 FC 1056

    [1]  The plaintiff is a well-known manufacturer and distributer of luxury merchandise.  In an action commenced in late 2017, the plaintiff alleges that the defendant sold counterfeit merchandise bearing one or more of its trademarks.  Specifically, the plaintiff alleges that, beginning in or about October 2017, the defendant sold this counterfeit merchandise through a retail business...

  • Givenchy, Société Anonyme v. Tobey, 2019 FC 1054

    [1]  The plaintiff is a well-known manufacturer and distributer of luxury merchandise.  In an action commenced in late 2017, the plaintiff alleges that the defendant sold counterfeit merchandise bearing one or more of its trademarks.  Specifically, the plaintiff alleges that, beginning in or about October 2017, the defendant sold this counterfeit merchandise through a retail business...

  • Christian Dior Couture, S.A. v. Tobey, 2019 FC 1055

    [1]  The plaintiff is a well-known manufacturer and distributer of luxury merchandise.  In an action commenced in late 2017, the plaintiff alleges that the defendant sold counterfeit merchandise bearing one or more of its trademarks.  Specifically, the plaintiff alleges that, beginning in or about October 2017, the defendant sold this counterfeit merchandise through a retail business...

  • Mowlana v. Canada (Citizenship and Immigration), 2019 FC 1062
  • Squamish Indian Band v. Canada (Fisheries and Oceans), 2019 FCA 216

    [1]  Prior to European contact, Indigenous groups living in the region of the mouth of the Fraser River fished the river for food, social and ceremonial purposes. Indigenous peoples’ lives “centered in large part around the river and its abundant fishery.” (R. v. Kapp, 2008 SCC 41, [2008] 2 S.C.R. 483, paragraph 4). Today, First Nations are prohibited by the Fisheries Act, R.S.C. 1985, c. F-

  • Buday (Buday Auto Sales) v. The Queen, 2019 TCC 164

    [1]  In my Judgment dated June 4, 2019, I allowed the Appellants’ appeals. I provided the parties with time to reach an agreement on costs, failing which the parties were to make written submissions regarding costs. The parties were unable to reach an agreement and have now made written submissions.

  • Jaballah v. Canada (Citizenship and Immigration), 2019 FC 1051

    [1]  The Applicants, Mahmoud Es-Sayyid Jaballah [Mr. Jaballah] and his wife, Husnah Al‑Mashtouli, [Ms. Al‑Mashtouli], bring an application for judicial review under subsection 72(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA] pursuant to subsection 18.1 of the Federal Courts Act, RSC 1985, c F-7. They seek an order of mandamus compelling the Respondent [the Minister]

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