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  • Yasun v. Canada (Citizenship and Immigration) - 2019 FC 342

    Ms. Yasun and her two minor children claimed refugee status, because she was persecuted in Turkey on the basis of her political opinions. She seeks judicial review of the dismissal of her claim. I grant her application, because the decision-maker unreasonably disregarded evidence of her psychological condition, found her not to be credible and found that certain aspects of her claim were implausible. (See Decision)

    Mar 22, 2019 11:07 AM

  • Karim v. Canada (Citizenship and Immigration) - 2019 FC 336

    Mr. Karim, a citizen of Bangladesh, seeks judicial review of the denial of his application for a pre-removal risk assessment [PRRA]. I am dismissing his application, as the decision of the PRRA officer was reasonable. (See Decision)

    Mar 22, 2019 11:07 AM

  • Wilson v. Canada (Attorney General) - 2019 FCA 49

    Mr. Wilson applies for judicial review of the decision rendered on March 28, 2018 by the Appeal Division of the Social Security Tribunal of Canada (Appeal Division). The General Division of the Social Security Tribunal (General Division) had concluded that the applicant’s pension from his trade union constituted earnings to be deducted from his sickness benefits, and the Appeal Division found no error in that decision. (See Decision)

    Mar 22, 2019 11:07 AM

  • Burgos Hernandez v. Canada (Citizenship and Immigration) - 2019 FC 343

    The Applicant, Delmy Leticia Burgos Hernandez, is a 55-year-old citizen of El Salvador who arrived in Canada from the United States on August 9, 2017. Upon arrival, she claimed refugee protection on the basis that her life was threatened by the Mara Salvatrucha gang. In a decision dated November 24, 2017, the Refugee Protection Division [RPD] of the Immigration and Refugee Board rejected her claim, the determinative issue being the availability of an internal flight alternative [IFA]. The Applicant has now applied under subsection 72(1) of the Immigration and Refugee Protection Act, SC 2001, c 27, for judicial review of the RPD’s decision. She asks the Court to set aside the decision and return the matter for redetermination by another member of the RPD. (See Decision)

    Mar 22, 2019 11:07 AM

  • Warner v. Canada - 2019 FC 329

    This motion for summary judgment dismissing the Plaintiff’s claim will be granted on the basis that the claim is statute barred. (See Decision)

    Mar 22, 2019 11:07 AM

  • Adamidis v. Canada (Attorney General) - 2019 FC 331

    The Applicant, Mr. Harry Denis Adamidis, seeks judicial review of a decision (Decision) of the Director General, Integrated Resource Management, of the Immigration and Refugee Board of Canada (IRB) confirming her denial of his classification grievance upon initial examination. The application for judicial review is brought pursuant to section 18.1 of the Federal Courts Act, RSC 1983, c F-7. (See Decision)

    Mar 22, 2019 11:07 AM

  • Federal Budget 2019 Employment and Payroll Related Measures

    On March 19, 2019, the federal government tabled its election budget, the 2019-20 budget. The budget expects a deficit of $14.9 billion for fiscal 2018-2019 and forecasts deficits of $19.8 billion for 2019-2020 and $19.7 billion for fiscal 2020-2021. The budget does not include any personal or corporate tax rate changes; however, the budget does include measures of interest to employers and payroll (some paraphrase included): (See full article)

    Mar 22, 2019 9:06 AM

  • Feher et al v. Canada (Public Safety and Emergency Preparedness) - 2019 FC 335

    These applications for judicial review involve a constitutional challenge to a part of the Designated Countries of Origin [DCO] regime established under the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA]. This Court has previously determined that one aspect of this regime withstands constitutional scrutiny. Other cases have found that the differential treatment of refugee claimants from a DCO is inconsistent with the Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11 [Charter]. (See Decision)

    Mar 21, 2019 11:07 AM

  • Mior v. Canada (Attorney General) - 2019 FC 322

    The Applicant, Jacqueline Mior, seeks judicial review of the decision by the Minister of National Revenue [the Minister], dated March 22, 2018, refusing to exercise discretion pursuant to subsection 220(3.1) of the Income Tax Act, RSC 1985, c 1 (5th Supp) [the ITA] to cancel or waive the gross negligence penalty previously assessed against the Applicant [the Decision]. The Decision was made by a delegate of the Minister, a Canada Revenue Agency [CRA] officer. (See Decision)

    Mar 21, 2019 11:07 AM

  • Zatreanu v. Canada (Citizenship and Immigration) - 2019 FC 332

    The Applicants, a husband, wife and their minor daughter, are Roma. Formerly from Romania, they became citizens of Ireland in 2010 having made successful refugee claims there in December 2002. The husband and wife were born in Romania. Their minor daughter was born in Ireland. The parents also have three sons who are not part of this application but who lived with them in Ireland and received Irish Citizenship. (See Decision)

    Mar 21, 2019 11:07 AM

  • Adebayo v. Canada (Immigration, Refugees and Citizenship) - 2019 FC 330

    The Applicants seek judicial review of the July 24, 2018 decision of the Refugee Appeal Division [RAD], which confirmed the decision of the Refugee Protection Division [RPD]. The RPD had found that the Applicants are not Convention refugees or persons in need of protection under sections 96 and 97 of the Immigration and Refugee Protection Act, SC 2001, c 27 [the Act] because of their lack of credibility and because that they had a reasonable Internal Flight Alternative [IFA]. (See Decision)

    Mar 21, 2019 11:07 AM

  • Hlubi v. Canada (Citizenship and Immigration) - 2019 FC 333

    Siceliwe Tenhlanhla Hlubi [the Applicant] seeks judicial review of a decision of the Refugee Protection Division [RPD], dated June 20, 2018, which found that she is not a Convention refugee or a person in need of protection as described in sections 96 and 97 of the Immigration and Refugee Protection Act, SC 2001 c 27. (See Decision)

    Mar 21, 2019 11:07 AM

  • Mior v. Canada (Attorney General) - 2019 FC 321

    The Applicant, James Mior, seeks judicial review of the decision by the Minister of National Revenue [the Minister], dated March 22, 2018, refusing to exercise discretion pursuant to subsection 220(3.1) of the Income Tax Act, RSC 1985, c 1 (5th Supp) [the ITA] to cancel or waive the gross negligence penalty previously assessed against the Applicant [the Decision]. The Decision was made by a delegate of the Minister, a Canada Revenue Agency [CRA] officer. (See Decision)

    Mar 21, 2019 11:07 AM

  • Verbanov v. Canada (Public Safety and Emergency Preparedness) - 2019 FC 324

    Mr. Iurii Verbanov seeks judicial review of a removal order issued by the Immigration Appeal Division (IAD) on May 14, 2018. The IAD found that there were reasonable grounds to believe that Mr. Verbanov made a voluntary, significant and knowing contribution to the crimes against humanity committed by the Moldovan police and issued a removal order against him pursuant to subsection 67(2) of the Immigration and Refugee Protection Act, SC 2001, c 27 [the Immigration Act] and paragraph 229(1)(b) of the Immigration and Refugee Protection Regulations, SOR/2002-227 [the Immigration Regulations]. (See Decision)

    Mar 21, 2019 11:07 AM

  • Beros v. Canada (Citizenship and Immigration) - 2019 FC 325

    Mr. Beros applies for the stay of his removal from Canada, scheduled for March 18, 2019. The respondent Minister asks the Court to decline to hear that motion, because it has been brought too late. For the following reasons, I agree with the Minister and I decline to hear this motion. (See Decision)

    Mar 21, 2019 11:07 AM

  • Habte v. Canada (Citizenship and Immigration) - 2019 FC 327

    This is an application for judicial review by Yohannes Berhane Habte [the “Applicant”] in respect of a decision [“Decision”] of a visa officer [the “Officer”] in refusing the Applicant’s application for permanent residence as a member of the Convention Refugees Abroad class. The Officer further held that the Applicant was not a member of the Humanitarian-Protected Persons Abroad designation class pursuant to section 16 and section 96 of the Immigration and Refugee Protection Act, SC 2001, c 27 [“IRPA”]. (See Decision)

    Mar 21, 2019 11:07 AM

  • Yovel v. Canada (Citizenship and Immigration) - 2019 FC 310

    This is an application for judicial review of the decision made on August 1, 2018, by an officer of the Humanitarian Migration Office of Immigration, Refugees and Citizenship Canada [the Officer], which rejected the Applicant’s application for permanent residence on humanitarian and compassionate [H&C] grounds. (See Decision)

    Mar 21, 2019 11:07 AM

  • Identity Management and Trust Services at UNCITRAL

    A few years ago, the United Nations Commission on International Trade Law (UNCITRAL) was reported here to be considering a project on identity management and trust services. That report outlined some of the legal and practical issues that these matters raise, and some of the options for going forward. (See full article)

    Mar 21, 2019 9:07 AM

  • The Road to Automated & Connected Cars Is Not a Straight One

    It seems that everyone is doing studies or adopting positions on automated/connected cars these days. That is understandable given the potential ramifications on subjects including safety, ability to function in adverse weather, infrastructure, traffic, public transit, cybersecurity, data volumes, privacy, liability, insurance, ethics, and jobs. (See full article)

    Mar 21, 2019 9:06 AM

  • Mohammed v. Canada (Immigration, Refugees and Citizenship) - 2019 FC 326

    The Applicants seek judicial review of a decision rendered on July 11, 2016 by a visa officer (the Officer) stationed at the Canadian embassy in Rome, Italy. The Officer rejected Mr. Ayoob Haji Mohammed’s permanent residence application on the basis that there were reasonable grounds to believe he was a member of the East Turkistan Islamic Movement (the Movement). Mr. Mohammed was thus found to be inadmissible under paragraphs 34(1)(c) and (f) of the Immigration and Refugee Protection Act, SC 2001, c 27 [the Act]. (See Decision)

    Mar 20, 2019 11:07 AM

  • CUSMA/USMCA: The Poison Pills Revisited – a Scorecard

    On November 30th, 2018, 16 months after the start of negotiations, the leaders of Canada, Mexico and the United States signed the Canada United States-Mexico-Agreement (“CUSMA”) or the United States-Mexico-Canada Agreement (“USMCA”)[1]. Signed on the margins of the G-20 Summit in Buenos Aires, the agreement is made up of 34 chapters and a dozen side letters. Ironically, it does not include the word “trade” in its title. (See full article)

    Mar 20, 2019 9:07 AM

  • A Tale About Rehiring a Sexual Harasser: Who Wins and Loses?

    Today’s “#metoo” climate and questions about when someone who has been accused of sexual misconduct, although not convicted of it, should be allowed back into the public sphere (to direct films, do comedy routines, assume an executive role in business or whatever) has been much in the media recently. Although not explicitly, a recent decision of the Ontario Court of Appeal tells us that even if the impact of someone’s return might have significant impact on a... (See full article)

    Mar 20, 2019 9:06 AM

  • Gaska v. G.R.T. Genesis Inc. - 2019 ONSC 1491

    The defendants moved to strike certain paragraphs of the plaintiff’s statement of claim pursuant to rr. 25.11 and 49.05 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194. (See Decision)

    Mar 19, 2019 11:07 PM

  • Niagara Ice Dogs Hockey Club Inc. v. Ontario Major Junior Hockey League - 2019 ONSC 1713

    The Applicants are an OHL hockey team. The Respondents concerned in this motion are the league and its commissioner. The Applicants are moving ex parte for an interim injunction to require the OHL to adjourn an appeal filed by the Applicants from a discipline ruling made by the commissioner. The Application itself seeks an order staying further discipline proceedings until a dispute between the Applicant and one of its players is submitted to arbitration. (See Decision)

    Mar 19, 2019 11:07 PM

  • Lucuta v. Stevens - 2019 ONSC 1691

    This is a medical malpractice action brought by the plaintiff after knee surgery at the Grand River Hospital on September 30, 2010. She initially attended at the emergency department on September 27, 2010. (See Decision)

    Mar 19, 2019 11:07 PM

  • Galligan v. Angoss - 2019 ONSC 1603

    There are two motions before the court: (See Decision)

    Mar 19, 2019 11:07 PM

  • Kalra v. Mercedes Benz - 2019 ONSC 1591

    The plaintiff moves for further directions in this class action. The action was certified as a class proceeding in June 2017. (See Decision)

    Mar 19, 2019 11:07 PM

  • House v. Baird - 2019 ONSC 1712

    Tyler House was driving a car with the consent of the owner, Donald Baird. House lost control, and the vehicle was hit by another car. As a result of the accident, Adam Samms lost his life. House and Baird were seriously injured. At the time of the accident, Baird and House each had insurance with policy limits of $1 million. (See Decision)

    Mar 19, 2019 11:07 PM

  • Camporese v. Bay Area Investigations - 2019 ONSC 1667

    27. It is widely accepted that the appropriate quantum of costs is not determined by multiplying hours by rates. Rather, the objective is to fix an amount that is fair and reasonable for the unsuccessful party to pay in the particular proceeding. There must be practical and reasonable limits to the amounts awarded for costs and those amounts should bear some proportional connection to the amount that should reasonably have been contemplated. I note that it is not necessary for me to have to go through the hours, or disbursements, line by line, in order to determine what the appropriate costs are. Nor is the court to second-guess the amount of time claimed unless it is clearly excessive or overreaching. (See Decision)

    Mar 19, 2019 11:07 PM

  • 1554080 Ontario Inc. v. Heffner - 2019 ONCA 211

    The appellant, 1554080 Ontario Inc., appeals the dismissal of its action under Rule 21 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194. (See Decision)

    Mar 19, 2019 11:07 PM