Canada (Federal)

77015 results for Canada (Federal)

  • Spencer v. Canada (Health), 2021 FC 621

    [1] The COVID-19 pandemic has wrought much death and suffering in Canada and abroad. This has called for extraordinary measures from our governments as well as great sacrifices by one and all.

  • H-D U.S.A., LLC v. Varzari, 2021 FC 620

    [1] The applicants, who I will refer to together as “Harley-Davidson,” bring this application to enforce their trademarks against Eli Varzari, who has offered for sale custom-built electric bicycles called the “Harley Davidson Willie G Edition” that incorporate Harley-Davidson motorcycle parts and bear Harley-Davidson’s “Bar and Shield” logo. Mr. Varzari did not respond to written demands from...

  • Moodie v. Canada, 2021 FCA 121

    [1] These appeals consist of four cases heard jointly, all appealing from related summary judgments of the Federal Court, Pentney J.: Canada v. Moodie, 2020 FC 46 [Moodie]; Canada v. Harman, 2020 FC 47; Canada v. McKinna, 2020 FC 48; Canada v. Klesse, 2020 FC 45. In each decision, the Federal Court awarded Canada, plaintiff in all four actions and respondent in these appeals, recovery of payments

  • VIIV HEALTHCARE CO. V. GILEAD SCIENCES CANADA, INC., 2021 FCA 122

    [1] The appellants (collectively “ViiV”) appeal from three interlocutory orders of the Federal Court (all per Manson J.). ViiV also appeals a summary judgment dismissing its patent infringement action against the respondent, Gilead (per Manson J.): 2020 FC 486.

  • SE-BHARAT SINGH v. INTERNATIONAL ASSOCIATION OF MACHINISTS & AEROSPACE WORKERS, TRANSPORTATION DISTRICT 140 and AIR CANADA, 2021 FCA 120

    [1] This is an application for judicial review of the decision of the Canada Industrial Relations Board (the Board) dated February 26, 2020 (2020 CIRB LD 4293) (the Reconsideration Decision). In this matter, it is important to focus on the particular decision that is the subject of this judicial review application. To place this decision in context, it is necessary to briefly describe the other...

  • Thomson v. Canada (Attorney General), 2021 FC 606

    [1] Mr. Robert John Thomson (the “Applicant”) seeks judicial review of the decision of the Veterans Review and Appeal Board (the “Board”), signed on March 10, 2020. In that decision, the Board refused his request for reconsideration of a decision of an Entitlement Appeal Panel, denying his application for an Exceptional Incapacity Allowance (“EIA”), made pursuant to section 72 of the Pension Act,

  • Democracy Watch v. Canada (Attorney General), 2021 FC 613

    [1] …In the petitions or complaints underlying three of the rulings or decisions under review, Democracy Watch requested a “full and detailed investigation”, essentially to determine whether ethics rules for lobbyists and public office holders were violated. In the fourth application, Democracy Watch requested a “clear”, public ruling under the Lobbyists’ Code of Conduct (the Lobbyists’ Code),...

  • Lawrence v. Canada (Citizenship and Immigration), 2021 FC 607

    [1] On June 20, 2019, the Applicant submitted an application to Immigration, Refugees and Citizenship Canada [IRCC] to restore her temporary resident status under section 182 of the Immigration and Refugee Protection Regulations, SOR/2002-227 [the Regulations] and for a work permit.

  • Canada (National Revenue) v. Boguski, 2021 FCA 118

    [1] In the Tax Court, the Minister applied for an order under section 174 of the Income Tax Act, R.S.C., 1985, c. 1 (5th Supp.) allowing for the determination of a question of fact or law that is common among more than one taxpayer.

  • Sadeghi v. Canada (Citizenship and Immigration), 2021 FC 604

    [1] The applicants, Raheleh Sadeghi, her husband, Hadi Shateri, and their daughter, Roze Shateri, are citizens of Iran who allege a fear of persecution for their conversion to Christianity. They seek judicial review of a decision of the Refugee Appeal Division (RAD), dismissing their appeal and confirming the Refugee Protection Division’s (RPD) determination that they are neither Convention...

  • Sherman Estate v. Donovan, 2021 SCC 25

    [1]                             This Court has been resolute in recognizing that the open court principle is protected by the constitutionally‑entrenched right of freedom of expression and, as such, it represents a central feature of a liberal democracy. As a general rule, the public can attend hearings and consult court files and the press — the eyes and ears of the public — is left free to...

  • Afuah v. Canada (Citizenship and Immigration), 2021 FC 596

    [1] Canada’s embassies, high commissions, and consulates receive a high volume of visa and permit applications and must deal with them quickly and efficiently in the interests of both applicants and the visa office. As a result, this Court has recognized that visa officers have only a minimal duty to give reasons to justify the refusal of a visa or permit. The rejection of Carlson Menkem-Afuah’s...

  • Haghighat v. Canada (Citizenship and Immigration), 2021 FC 598

    [1] This is an application for judicial review of a Migration Officer’s [the “Officer”] decision, dated March 6, 2020, refusing the Applicant’s temporary resident visa [the “Decision”].

  • Singh v. Canada (Citizenship and Immigration), 2021 FC 595

    [1] This is an application for judicial review of a decision of the Refugee Appeal Division [RAD] dated August 26, 2020, which upheld the Refugee Protection Division [RPD] decision that the Applicants cannot be found to be Convention refugees or persons in need of protection, because they hold the key to their own personal safety upon return to India.

  • Dow v. Canadian Nuclear Safety Commission, 2021 FCA 117

    [1] The Nuclear Safety and Control Act, S.C. 1997, c. 9 [NSCA] makes it an offence to take disciplinary action against a person who provides information to an official of the Canadian Nuclear Safety Commission (CNSC). The appellant, Regan Dow, alleges that she was subjected to retaliation by her employer, Canadian Nuclear Laboratories (CNL), because she had filed complaints with the CNSC alleging

  • Maung v. Canada (Attorney General), 2021 FCA 116

    [1] This Notice of Status Review pursuant to Rule 383.2 of the Federal Courts Rules, S.O.R. 98/106 comes before the Court for consideration following a complicated history and lengthy delay.

  • Zhou v. Canada (Citizenship and Immigration), 2021 FC 601

    [1] This is a judicial review of a decision of the Refugee Appeal Division (RAD) involving a family of five. The adult Applicants and the eldest child are citizens of China. The other minor Applicants are citizens of Peru. In a split decision, the RAD found the adult female Applicant was a convention refugee on the basis of religious persecution and China’s family planning policy. The RAD...

  • Iris Technologies Inc. v. Canada (National Revenue), 2021 FC 597

    [1] This is a Motion by the Respondent, the Minister of National Revenue (the Minister), pursuant to Rule 51(1) of the Federal Courts Rules, SOR/98-106 [the Rules] appealing the January 21, 2021 Order of Prothonotary Aalto who refused the Minister’s Motion to strike the judicial review application filed by Iris Technologies Inc (Iris).

  • Sadhu Singh Hamdard Trust v. Navsun Holdings Ltd., 2021 FC 602

    [1] This matter revolves around the Punjabi term AJIT, meaning “unconquerable” or “invincible,” and the rights to it in Canada in association with newspapers. The dispute between the parties is lengthy and the procedural history leading to this second redetermination of the summary trial is complex. The issues to be redetermined are the Plaintiff’s claims of passing off, infringement and...

  • Bresse Syndics Inc. v. Canada, 2021 FCA 115

    [1] This is an appeal filed by Bresse Syndics inc. acting for the bankruptcy of CO2 Solution Technologies inc. (the appellant) from a decision of the Tax Court of Canada (2019 TCC 286) in which Smith J. (the TCC judge) confirmed the correctness of an assessment issued regarding the appellant’s 2009 taxation year. This assessment disallowed the investment tax credit claimed by the appellant under...

  • Subway IP LLC v. Budway, Cannabis & Wellness Store, 2021 FC 583

    [1] Subway IP LLC, which owns Canadian registered trademarks used in association with SUBWAY-branded sandwich restaurants, brings this application to enjoin the respondents from using the following “BUDWAY” trademark in association with a “cannabis & wellness store”:

  • Canada (Attorney General) v. Karas, 2021 FC 594

    [1] This is an application for judicial review of a September 25, 2019 decision [the Decision] of the Canadian Human Rights Commission [the Commission]. The Commission made the Decision, pursuant to s 49 of the Canadian Human Rights Act, RSC 1985, c H-6 [the Act], to request that the Chairperson of the Canadian Human Rights Tribunal [the Tribunal] institute an inquiry into a complaint by...

  • Kaur v. Canada (Citizenship and Immigration), 2021 FC 590

    [1] Amandeep Kaur seeks judicial review of a decision by a visa officer [Officer] in New Delhi, India to refuse her application for a work permit as a live-in caregiver under the Temporary Foreign Worker Program [TFWP]. The Officer was not satisfied that Ms. Kaur’s offer of employment was genuine.

  • Wu v. Canada (Citizenship and Immigration), 2021 FC 591

    [1] Mr. Hongliang Wu is a citizen of China. He seeks judicial review of a July 27, 2020 decision of the Refugee Appeal Division (RAD) confirming the refusal of his refugee claim. The RAD agreed with the Refugee Protection Division (RPD) that Mr. Wu does not have a sur place claim in Canada and is neither a Convention refugee nor a person in need of protection.

  • Yaman v. Canada (Citizenship and Immigration), 2021 FC 584

    [1] This is an application for judicial review of an Officer’s decision refusing the Applicant’s application for permanent residence under the Quebec investor class, dated November 5, 2020 [the “Decision”].

  • Yusuf v. Canada (Citizenship and Immigration), 2021 FC 586

    [1] The Applicant, Muhammed Joe Yusuf, is a citizen of Nigeria. He married his spouse in 2004 and three (3) children were born from their union.

  • Sunovion Pharmaceuticals Canada Inc. v. Taro Pharmaceuticals Inc., 2021 FCA 113

    [1] The appellants appeal from a decision of the Federal Court (2021 FC 37, per Furlanetto J., the Decision), in the context of an action (the Action) under the Patented Medicines (Notice of Compliance) Regulations, S.O.R./93-133 (the Regulations). The Decision granted a motion by the respondent to amend its statement of defence in the Action to introduce allegations of invalidity of the patents...

  • Centeno Arteaga v. Canada (Citizenship and Immigration), 2021 FC 578

    [1] This is a judicial review of a decision of the Refugee Protection Division [RPD] of the Immigration and Refugee Board. The RPD, on October 2, 2020, concluded the Applicants were neither Convention refugees nor persons in need of protection [Decision].

  • Ali v. Canada (Citizenship and Immigration), 2021 FC 579

    [1] This is an application for judicial review of a decision, dated October 29, 2019, made by a visa officer [the Officer] at the Canadian Embassy in Mexico City, Mexico, refusing the Applicant’s application for a work permit in Canada and finding the Applicant inadmissible to Canada for five years under s 40(2)(a) of the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA], because he...

  • Majkowski v. Canada (Citizenship and Immigration), 2021 FC 582

    [1] Mervin Robert Majkowski seeks judicial review of a decision by an officer with Immigration, Refugees and Citizenship Canada [Officer] to refuse his request to apply for permanent residence from within Canada on humanitarian and compassionate [H&C] grounds.

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