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Case Law

  • Nelson v. Canada (Citizenship and Immigration) - 2018 FC 1139

    Ryan Nelson [the Applicant] seeks judicial review under section 72(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA] of a January 12, 2018 decision [Decision] by an immigration officer [Officer] of the Immigration and Refugee Board. The Officer was not satisfied that the Applicant met the requirements of the Spouse or Common-Law Partner in Canada Class and refused the application. For the reasons that follow, the application for judicial review is dismissed. (See Decision)

    Nov 21, 2018 11:11 AM

  • Hassan Ali Ahmed v. Canada (Citizenship and Immigration) - 2018 FC 1164

    The Applicant, Zakaria Hassan Ali Ahmed, was born in Djibouti in 1987. The Applicant was recognized as a Convention Refugee in 2002 along with his aunt, sisters and brother. He applies for judicial review of a decision dated December 1, 2017, whereby the Immigration Appeal Division (IAD) upheld the Minister of Public Safety and Emergency Preparedness’s (MPSEP) deportation order issued against the Applicant, who was found inadmissible to Canada for serious criminality as a person described in para 36(1)(a) of the Immigration and Refugee Protection Act (IRPA). For the reasons that follow, the application for judicial review is dismissed. (See Decision)

    Nov 21, 2018 11:11 AM

  • Alabi v. Canada (Citizenship and Immigration) - 2018 FC 1163

    Mr. Ayodeji Akanmu Alabi, the Applicant, is a citizen of Nigeria. He first came to Canada in 1998 and has a long history with the Canadian immigration system. In the matter before me, he seeks judicial review of a decision (Decision) in which his application for a Temporary Resident Permit (TRP) was denied by an officer (Officer) in the Immigration Section of Citizenship and Immigration Canada in Lagos, Nigeria. The application for judicial review is brought pursuant to subsection 72(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 (IRPA). (See Decision)

    Nov 21, 2018 11:11 AM

  • Alkan v. Canada (Citizenship and Immigration) - 2018 FC 1159

    Mr. Seref Alkan (the “Principal Applicant”) and his son Mr. Altughan Kemal Alkan (collectively, “the Applicants”) seek judicial review of the decision of the Immigration and Refugee Board, Refugee Appeal Division (the “RAD”) confirming a decision of the Immigration Refugee Board, Refugee Protection Division (the “RPD”) , that the Applicants are not Convention refugees nor persons in need of protection pursuant to section 96 and subsection 97(1), respectively, of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (the “Act”). (See Decision)

    Nov 21, 2018 11:11 AM

  • Seepersad v. The Queen - 2018 TCC 226

    The Appellants (“Mr. and Mrs. Seepersad”) appeal the Minister of National Revenue’s (the “Minister”) reassessments of their respective 2005 and 2006 taxation years. In reassessing, penalties under section 163(2) of the Income Tax Act, R.S.C. 1985 c.1 (5th sup.) (the “Act”) were also imposed. The following summarizes the couple’s reassessment history relevant and material to these appeals: (See Decision)

    Nov 21, 2018 11:10 AM

  • Sharif v. Canada (Attorney General) - 2018 FCA 205

    Mr. Sharif appeals from the judgment dated November 27, 2017 of the Federal Court (per Boswell J.): 2017 FC 1069. (See Decision)

    Nov 21, 2018 11:10 AM

  • We Built This City (Library)

    Civic pride has been riding a bit of a high in Calgary recently, and it has naught to do with any professional sports franchise, annual rodeo or the swell of nostalgia roused when considering a possible Olympic bid. The cause for such a recent surge was actually the opening of the new Central Library on November 1. Winning further accolades from some was the fact that the project ultimately came in $10M under budget. While one must admit that the new central library is not perfect in all ways,... (See full article)

    Nov 21, 2018 5:06 AM

  • Sections 16 and 21 of the Canadian Security Intelligence Service Act, R.S.C. 1985, c. C-23 (Re) - 2018 FCA 207

    The Attorney General of Canada appeals from the judgment of a designated judge of the Federal Court (2018 FC 738) insofar as it refused in part an application for warrants under sections 16 and 21 of the Canadian Security Intelligence Service Act, R.S.C. 1985, c. C-23. (See Decision)

    Nov 20, 2018 11:12 AM

  • Ahmed v. Canada (Citizenship and Immigration) - 2018 FC 1157

    The Applicant, Ahmed Ibrahim Ahmed, seeks judicial review of the decision of the Refugee Appeal Division [RAD] of the Immigration and Refugee Board dated April 13, 2018, which allowed the appeal by the Minister of Citizenship and Immigration [the Minister or the Respondent] of the decision of the Refugee Protection Division [RPD]. The RAD substituted its decision for that of the RPD and refused the Applicant’s claim for refugee protection pursuant to sections 96 and 97 of the Immigration and Refugee Protection Act, SC 2001, c 27 [the Act]. (See Decision)

    Nov 20, 2018 11:12 AM

  • Fomenky v. Canada (Public Safety and Emergency Preparedness) - 2018 FC 1160

    On October 6, 2017, the applicant, a citizen of Cameroon, was arrested by members of the Hamilton Police Service and charged with obstructing a peace officer. Later the same day, while he was still in police custody, the applicant was interviewed by a Canada Border Services Agency [CBSA] officer. (See Decision)

    Nov 20, 2018 11:12 AM

  • Farah v. Canada (Citizenship and Immigration) - 2018 FC 1162

    The Applicant, aged 27, is a citizen of Somalia. This is an application for judicial review under subsection 72(1) of the Immigration and Refugee Protection Act, SC 2001, c-27 [IRPA] of a negative Pre-Removal Risk Assessment [PRRA] conducted by a senior immigration officer [Officer] with Citizenship and Canada pursuant to section 112 of the IRPA. For the reasons that follow, the application is dismissed. (See Decision)

    Nov 20, 2018 11:12 AM

  • 2763478 Canada Inc. v. Canada - 2018 FCA 209

    This is an appeal by 2763478 Canada Inc. (the appellant) from a decision rendered by Justice Paris of the Tax Court of Canada (TCC judge) confirming the reassessment by the Minister of National Revenue (the Minister) pursuant to the general anti-avoidance rule (GAAR) provided for in section 245 of the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.) (the ITA). This assessment disallowed a capital loss of $6,423,650 claimed by the appellant in the computation of its income for the 2005 taxation year. (See Decision)

    Nov 20, 2018 11:12 AM

  • Obinna v. Canada (Citizenship and Immigration) - 2018 FC 1152

    The principal applicant, Ms. Stephanie Oninye Obinna, [PA], and her three minor daughters, Amaka Almas Obinna, Chidiebere Elliana Obinna and Oluchi Emmanuella Obinna [the minor applicants] are Nigerian citizens. They claimed refugee protection, fearing persecution because of the PA’s identity as a bisexual and because they are in need of protection from Boko Haram supporters. (See Decision)

    Nov 20, 2018 11:12 AM

  • McLeod v. Canada (Attorney General) - 2018 FC 1148

    The Applicant, John McLeod, is an inmate at Beaver Creek Institution in Ontario, serving a life sentence for second degree murder. In 2015, he filed three overlapping final grievances challenging the refusal of his applications for a voluntary transfer from the Beaver Creek Institution to the Cowansville Institution in Quebec. The grievances generally alleged that his transfer applications were refused based on racial discrimination; that his parole officer refused to meet and communicate with him; that his parole officer made racist comments; and that one grievance had been improperly categorized and processed by the Correctional Service of Canada. (See Decision)

    Nov 20, 2018 11:11 AM

  • Fabrikant v. The Queen - 2018 FCA 206

    Dr. Fabrikant wishes to file a notice of appeal. He intends to appeal two Federal Court judgments dated July 5, 2018 and July 18, 2018. He moves for an order relieving him of the obligation to pay filing fees for the notice of appeal. (See Decision)

    Nov 20, 2018 11:11 AM

  • Castillo-Malunes v. Canada (Citizenship and Immigration) - 2018 FC 1130

    The Applicant, Maria Luisa Castillo-Malunes, was born in the Phillipines. She became a permanent resident of Canada in January 2013. She has applied for judicial review of a decision [the Decision] of the Immigration Appeal Division [IAD] finding that her spouse is not a member of the family class pursuant to section 117(9)(d) of the Immigration and Refugee Protection Regulations, SOR/2002-227 [the IRPR]. This application is brought pursuant to subsection 72(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 [the IRPA]. (See Decision)

    Nov 20, 2018 11:11 AM

  • Francis v. Canada (Citizenship and Immigration) - 2018 FC 1123

    This application seeks review of a Pre-Removal Risk Assessment [PRRA] decision and suggests that the Court must address the question of when a person in Canada subject to a removal order may be given notice that they can apply for a PRRA. As is discussed below, I find that the question of timing is not properly before the Court, that the only issue to be addressed is the reasonableness of the decision, and that it is reasonable. (See Decision)

    Nov 20, 2018 11:09 AM

  • Mercedes-Benz Financial Services Canada Corporation v. Maersk Line A/S - 2018 FC 1119

    Shortly before the matter was to be heard, the Court received a letter from Mr. Walter Stasyshn indicating that the vehicles at issue in this matter were “ultimately acquired” by his client, Tianjin Zhongyish Technology Development Co. Ltd (“Tianjin”). Mr. Stasyshn sought to make representations at the hearing in support of his client being involved in the motion; (See Decision)

    Nov 20, 2018 11:09 AM

  • Honey Fashions Ltd v. Canada (Border Services Agency) - 2018 FC 1118

    These are applications by Honey Fashions Ltd. [Honey Fashions] for judicial review of two decisions of the Canadian Border Services Agency [the CBSA] Trade Operations Division Manager, Gilles Cormier, rejecting claims for remission of duties under the Textiles and Apparel Remission Order, 2014, SOR/2014-278 [TARO 2014]. (See Decision)

    Nov 20, 2018 11:09 AM

  • Dayfallah v. Canada (Attorney General) - 2018 FC 1120

    This is an application for judicial review, pursuant to section 18.1 of the Federal Courts Act, RSC 1985, c F-7, of the Public Service Commission of Canada’s [Commission] Record of Decision 2017-082-IB [Decision] issued December 19, 2017. The Decision adopted Revised Investigation Report 2016-MOT-00141.25284, which concluded the Applicant committed fraud during a web-based exam he took at home, contrary to section 69 of the Public Service Employment Act, SC 2003, c 22 [PSEA]. This fraud took place during Appointment Process 15-MOT-IA-HRS-84651, which resulted in the Applicant being appointed Senior Policy Analyst (EC-5) in Transport Canada’s Rail Safety division, a position within the public service of Canada. (See Decision)

    Nov 20, 2018 11:09 AM

  • Towards a National Security Regulator

    I had always presumed, erroneously, that all those entering the legal field would have some modicum of interest in public policy, equity issues, and promoting the rule of law. A significant chunk of the profession certainly do share those concerns, even while differing in the positions they may take. (See full article)

    Nov 20, 2018 5:06 AM

  • Warick v. Warick - 2018 ONSC 6840

    This matter proceeded to trial before me on November 13, 2018. The applicant, Tammi Warick, now known as Tammi Belsito, appeared at the trial without counsel. The respondent, Timothy Warick, did not attend at the trial, although his name was paged. Earlier in the day the respondent appeared at the continuation of a trial management conference before Varpio J. The trial was to commence at 1:30 pm. The respondent was advised of that fact by the trial coordinator, Marc Baril, by email forwarded to the respondent on November 13, 2018 at 10:39 am (Exhibit 1). The respondent replied by email dated November 13, 2018 at 11:02 am advising that he would not be in attendance at the trial (Exhibit 7). The trial proceeded in the absence of the respondent, Timothy Warick. (See Decision)

    Nov 19, 2018 7:11 PM

  • Politis v. Politis - 2018 ONSC 6830

    This is a motion by the Respondent for an order that the Applicant fulfill two undertakings given at her questioning held April 16, 2018. The Applicant takes the position that she has sufficiently answered her undertakings and the motion should be dismissed. (See Decision)

    Nov 19, 2018 7:11 PM

  • Rye Electric v. Hong - 2018 ONCA 920

    The appellant seeks to overturn the trial judge’s well-documented findings of fact and credibility. It is well-established that it is not the role of this court to retry cases. The appellant has failed to demonstrate any error of law or palpable and overriding error of fact in the trial judge’s assessment of the evidence and application of governing principles. The appeal is dismissed. Costs of $4,500 inclusive of disbursements and applicable taxes payable by the respondent to the appellant. (See Decision)

    Nov 19, 2018 7:11 PM

  • Thunder Bay (City) v. Canadian National Railway Company - 2018 ONCA 919

    The Canadian National Railway Company moves for a stay of this court’s order made in June 2018, which required CN to reopen the James Street Bridge in Thunder Bay for vehicle traffic and maintain the Bridge in accordance with a 1906 agreement. (See Decision)

    Nov 19, 2018 7:11 PM

  • R v Hornby - 2018 ABCA 377

    The appellant challenges his conviction for one count of sexual touching of a person under the age of 16 (s 151, Criminal Code). There was also a guilty finding on one count of sexual assault (s 271, Criminal Code). This is also challenged. The appellant articulates several different grounds but they ultimately revolve around unreasonable verdict and possible shifting of the burden of proof. The appellant’s counsel suggested there were “incredible concerns” with the conviction in light of alleged problems with the evidence. (See Decision)

    Nov 19, 2018 7:11 PM

  • Singh v. Shoppers et. al. - 2018 ONSC 6879

    The plaintiff Paramjit Singh (“Mr. Singh”) and the defendant Shoppers Home Health Care (Ontario) Inc. (“Shoppers”) each seek costs following the trial of this action. (See Decision)

    Nov 19, 2018 7:11 PM

  • R. v. Ritchie - 2018 ONCA 918

    The appellant, Keith Ritchie, was convicted of the following offences: trafficking in cocaine, trafficking in marihuana, conspiracy to traffic in cocaine, conspiracy to traffic in marihuana, participating in or contributing to the activities of a criminal organization for the purpose of enhancing its ability to commit an indictable offence, and committing an indictable offence (trafficking in a controlled substance) for the benefit of or in association with a criminal organization. Based on a joint submission, the appellant received a global sentence of nine years and six months’ incarceration. (See Decision)

    Nov 19, 2018 7:11 PM

  • Davidson v. Davidson - 2018 ONSC 6878

    Ms. Davidson filed a motion seeking a number of temporary orders relating to: exclusive possession and sale of the matrimonial home and other properties; child support for two adult children, (Brooke and Shelby) based on income imputed to the respondent and an order striking the respondent’s answer and cross-application for failure to comply with terms of a disclosure order. (See Decision)

    Nov 19, 2018 7:11 PM

  • Foustanellas v. Varela - 2018 ONSC 6846

    The parties to this application are the parents of three children. As the parents were never legally married, the Divorce Act does not apply. The applicable provincial statutes are the Family Law Act and the Children’s Law Reform Act. The issues before the court are parenting arrangements, child support and spousal support. (See Decision)

    Nov 19, 2018 7:11 PM