Federal Court (Case Law)

37294 results for Federal Court (Case Law)

  • Sabitu v. Canada (Citizenship and Immigration), 2021 FC 300

    [1] Further to my Judgment and Reasons issued on February 23, 2021 (2021 FC 165), the Court is addressing the following Certified questions.

  • Skibsted v. Canada (Environment and Climate Change), 2021 FC 301

    [1] The Bank Swallow is a small bird – the smallest of the swallow species in North America. It builds its nests by burrowing into the steep banks of rivers or other similar terrain. In 2013, the Committee on the Status of Endangered Wildlife in Canada (COSEWIC) determined that the Bank Swallow is a “threatened” species under the Species at Risk Act, SC 2002, c 29 [SARA] because “[t]his...

  • Adekanmi v. Canada (Citizenship and Immigration), 2021 FC 283

    [1] The Applicant, Peter Adegoke Adekanmi [Mr. Adekanmi] is a citizen of Nigeria . He claims to fear persecution in Nigeria due to rumours that he is gay, and brings the present application for judicial review of a decision of the Refugee Appeal Division [RAD] of the Immigration and Refugee Board, dated October 24, 2019, confirming the Refugee Protection Division’s

  • Iqbal v. Canada (Citizenship and Immigration), 2021 FC 284

    [1] On November 19, 2019, the Refugee Appeal Division [RAD] dismissed the appeal by the Applicant, Afzal Iqbal [Mr. Iqbal], from a decision of the Refugee Protection Division [RPD] dated January 9, 2019, which rejected Mr. Iqbal’s claim for refugee protection based on the availability of a viable internal flight alternative [IFA] in Karachi.

  • Oberlander v. Canada (Public Safety and Emergency Preparedness), 2021 FC 294

    [1] The Applicant, Mr. Helmut Oberlander, brings a motion to be granted an order staying permanently his ongoing admissibility proceedings before the Immigration Division [ID] of the Immigration and Refugee Board of Canada or, in the alternative, an order staying temporarily these proceedings until such time as the Governor in Council [GIC] renders a decision on a reopening application submitted...

  • Bertrand v. Acho Dene Koe First Nation, 2021 FC 287

    [1] This case deals with the validity of a measure taken by the federal government in response to the COVID-19 pandemic. When the virus reached Canada, several First Nations were about to hold elections. Holding elections typically involves various forms of public gatherings. To avoid the risk of virus transmission at such gatherings, the federal government made regulations authorizing First...

  • Adegbenro v. Canada (Citizenship and Immigration), 2021 FC 290

    [1] The Adegbenros are a family of citizens of Nigeria who made a claim for refugee protection. They alleged a risk of persecution by family members, for refusing to participate in certain traditional ceremonies, and threats made against Mr. Adegbenro, who is a lawyer, in relation to a court case he took up. The Refugee Protection Division [RPD] and Refugee Appeal Division [RAD] dismissed their...

  • Ramirez v. Canada (Citizenship and Immigration), 2021 FC 285

    [1] Ms. Paula Andrea Alzate Ramirez (the “Principal Applicant”) and her minor children Martina Burgos Alzate, Sara Burgos Alzate and Tomas Burgos Alzate (collectively the “Applicants”) seek judicial review of the decision of the Immigration and Refugee Board , Refugee Appeal Division (the “RAD”), dismissing their appeal from a decision of the Immigration and Refugee Board, Refugee Protection...

  • Nintendo of America Inc. v. King of Windows Home Improvements Inc., 2021 FC 291

    [1] The Plaintiff, Nintendo of America Inc., is the owner of the Canadian trademark registrations listed in Exhibit “A” (the “NINTENDO and POKEMON Trademarks”).

  • Guest Tek Interactive Entertainment Ltd. v. Nomadix, Inc., 2021 FC 276

    [1] Allowing multiple users access to a computer network, such as when guests and the public access a hotel’s network, raises a number of technical issues. This patent infringement action has to do with two of those issues: network security and bandwidth management. Guest Tek Interactive Entertainment Ltd claims its competitor, Nomadix, Inc, is infringing or inducing infringement of two of its...

  • Chotalia v. Canada (Attorney General), 2021 FC 279

    [1] Mr. Chotalia has applied for judicial review of a decision made on January 9, 2020 by a Rebates Processing Officer [Officer] at the Canada Revenue Agency (CRA). The Officer denied Mr. Chotalia an extension of time to file three applications under subsection 256.2(7) of the Excise Tax Act, RSC 1985, c E-15 [ETA] for Goods and Services Tax (GST) rebates [the Decision].

  • Cheeseman v. Canada (Attorney General), 2021 FC 273

    [1] Mr. Cheeseman seeks the Court’s review of a decision by the Minister of National Revenue (Minister) refusing his fourth request for relief from penalties and interest imposed under the Income Tax Act, RSC 1985, c 1 (5th Supp) (ITA). The refusal is set forth in a letter from the Minister’s delegate dated May 18, 2017 (Decision).

  • August Image, LLC v. airG Inc, 2021 FC 272

    [1] This is an appeal by motion in writing under Rules 51 and 369 of the Federal Courts Rules, SOR/98-106, of the Order of Prothonotary Ring dated December 15, 2020. In that Order the Plaintiff’s motion to strike multiple paragraphs of the Defendant’s Statement of Defence [the Defence] was granted without leave to amend. The Plaintiff’s motion to strike one paragraph of the Defence and a series...

  • Gao v. Canada (Citizenship and Immigration), 2021 FC 271

    [1] The Applicant, Mr. Li Yong Gao, seeks judicial review of a decision of the Refugee Appeal Division (“RAD”) confirming the determination of the Refugee Protection Division (“RPD”) that the Applicant is neither a Convention refugee nor a person in need of protection under sections 96 and 97(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 (“IRPA”). The RAD rejected the Applicant’s

  • Sunday v. Canada (Citizenship and Immigration), 2021 FC 266

    [1] On November 8, 2019, the Refugee Appeal Division [RAD] dismissed Mr. Adebisi Andekunyin Sunday’s [Mr. Sunday] appeal from the Refugee Protection Division [RPD] decision dated June 14, 2019, which dismissed his claim for refugee protection. Both the RPD and the RAD found that Mr. Sunday had an internal flight alterative [IFA] in Lagos , Nigeria

  • Abu v. Canada (Citizenship and Immigration), 2021 FC 258

    [1] The Applicants, Linda Abike Abu (Principal Applicant), and her two minor daughters, Olamide Barakat Abu and Omotola Rihanat Abu, are citizens of Nigeria who claimed refugee status in Canada. The Principal Applicant has a third daughter who had also claimed refugee status. She is not an applicant in this matter because the Refugee Appeal Division (RAD) accepted her refugee claim, finding that...

  • Inyinbor v. Canada (Citizenship and Immigration), 2021 FC 262

    [1] This application is for judicial review of a decision of the Refugee Appeal Division [RAD] of the Immigration and Refugee Board [the Board], dated September 4, 2019, in which the appeal was dismissed on the basis that the Applicants have a viable internal flight alternative [IFA] in Port Harcourt, Nigeria.

  • Khabra v. Canada (Citizenship and Immigration), 2021 FC 264

    [1] This application is for judicial review of a decision of the Refugee Appeal Division [RAD], of the Immigration and Refugee Board [the Board], dated March 6, 2020, dismissing the Applicants’ appeal from a decision of the Refugee Protection Division [the RPD] of the Board refusing their refugee claim. The RAD Member dismissed the appeal on the basis that the Applicants have an internal flight...

  • Lawlad v. Canada (Citizenship and Immigration), 2021 FC 260

    [1] This application is for judicial review of a decision of the Refugee Appeal Division [RAD] of the Immigration and Refugee Board of Canada, dated December 18, 2019, in which the Applicants’ appeal was dismissed on the basis that they had a viable internal flight alternative [IFA] in Nigeria in either Port Harcourt or Abuja.

  • Bertrand v. Acho Dene Koe First Nation, 2021 FC 257

    [1] Mr. Bertrand applies for judicial review and seeks interim relief against a decision of the returning officer of the Acho Dene Koe First Nation to declare him ineligible to be a candidate in the upcoming election for the position of chief. I am denying his motion for interim relief. He has not shown that he will suffer irreparable harm if I do not issue relief now. He will be able to...

  • Olawoyin v. Canada (Citizenship and Immigration), 2021 FC 252

    [1] Mr. Bisi Olawoyin, the Principal Applicant, his wife, Ms. Olushola Olawoyin, and their three minor children seek judicial review of a decision of the Refugee Appeal Division (RAD) dated January 6, 2020 (Decision). The RAD found that the Applicants have an internal flight alternative (IFA) available to them in Port Harcourt, Nigeria, and confirmed a January 28, 2019 decision of the Refugee...

  • Mathieu v. Canada (Citizenship and Immigration), 2021 FC 249

    [1] Wildood Mathieu left Haiti in the wake of two attacks by men wearing Parti Haïtien Tèt Kale (PHTK) political party T-shirts. He sought refugee protection in Canada, alleging the men were trying to make him surrender title to land he was taking care of for his nephew, and that they would kill him should he return to Haiti. The Refugee Appeal Division (RAD) concluded Mr. Mathieu had not...

  • Jackson v. Piikani First Nation, 2021 FC 246

    [1] Mr. Jackson is a councillor of the Piikani Nation. He is facing a petition for his removal. The council referred the petition to the Removal Appeal Board, an independent body tasked with hearing such petitions. Councillor Jackson brought an application for judicial review of the council’s decision.

  • Kiss v. Canada (Citizenship and Immigration), 2021 FC 248

    [1] The Attorney General of Canada [AGC] has brought motions in writing pursuant to Rule 369 of the Federal Courts Rules, SOR/98-106, for the following relief:

  • Halcrow v. Kapawe'no First Nation, 2021 FC 219

    [1] This is an application for judicial review of the July 29, 2020 decision of the Kapawe'no First Nation (KFN) Election Appeal Committee. On July 11, 2020, the KFN held an election for two Councillor positions. The Applicants, Pamela Halcrow and Debra Chalifoux-Couturier, were declared elected as Councillors, having received the most votes.

  • TFI Foods Ltd. v. Every Green International Inc., 2021 FC 241

    [1] On August 4, 2020, I issued an interlocutory injunction against the defendant, Every Green International Inc.: TFI Foods Ltd v Every Green International Inc., 2020 FC 808. That order enjoined Every Green from offering for sale, selling, and/or labelling products bearing the trademark I-MEI Design with labels identifying Every Green as the exclusive distributor of the plaintiff, I-MEI Foods Co,

  • Cortez Leos v. Canada (Citizenship and Immigration), 2021 FC 244

    [1] Juan Jose Cortez Leos, his wife Catalina Moreno Gallegos, their daughter Evelin Elizabeth Cortez Moreno (born 2010) and their son Tadeo Zaid Cortez Moreno (born 2014) are citizens of Mexico. They seek judicial review of a decision by the Refugee Appeal Division [RAD] of the Immigration and Refugee Board [IRB]. The RAD confirmed the determination of the Refugee Protection Division [RPD] of the

  • Canada (National Revenue) v. 2276230 Ontario Inc., 2021 FC 242

    [1] The Applicant launched audits of the three Respondent companies, 2276230 Ontario Inc. (“227”), 2417916 Ontario Inc. (“241”), and 2466778 Ontario Inc. (“246”) in late June 2020. These audits were classified as “high risk” because the Applicant had identified substantial amounts of taxes owing by the Respondents for prior tax years, relating to an alleged scrap gold carousel scheme. It should...

  • Smart Cloud Inc. v. International Business Machines Corporation, 2021 FC 236

    [1] Smart Cloud Inc. (Smart Cloud) appeals the July 31, 2019 decision (Decision) of the Trademarks Opposition Board (TMOB) made on behalf of the Registrar of Trademarks. The TMOB rejected Smart Cloud’s opposition to an application by International Business Machines Corporation (IBM) for registration of the trademark IBM SMARTCLOUD (the Mark) in association with a broad range of computer hardware...

  • Bayram v. Canada (Citizenship and Immigration), 2021 FC 235

    [1] The Applicants seek judicial review of a decision of the Refugee Appeal Division (“RAD”), dismissing their appeal of a decision by the Refugee Protection Division (“RPD”), which found that the Applicants are neither Convention refugees nor persons in need of protection under sections 96 and 97(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 (“IRPA”). The RAD found that the...

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