vLex Canada

  • Stuurman v. Canada (Citizenship and Immigration) - 2018 FC 193

    Tamlyn Stuurman and her husband, Steve Stuurman, are citizens of South Africa who, shortly after their arrival in Canada on August 15, 2015, sought refugee protection. The Refugee Protection Division [RPD] of the Immigration and Refugee Board of Canada [IRB] rejected their claims for Canada’s protection in a decision dated December 7, 2015, finding that the Applicants could relocate to a viable internal flight alternative [IFA] in Johannesburg. The Applicants’ appeal to the Refugee Appeal Division [RAD] of the IRB was dismissed on March 22, 2016, and this Court denied leave for judicial review of the RAD’s decision on July 29, 2016. (See Decision)

    Feb 23, 2018 11:06 AM

  • Stuurman v. Canada (Citizenship and Immigration) - 2018 FC 194

    Tamlyn Stuurman and her husband, Steve Stuurman, are citizens of South Africa who, shortly after their arrival in Canada on August 15, 2015, sought refugee protection. The Refugee Protection Division [RPD] of the Immigration and Refugee Board of Canada [IRB] rejected their claims for Canada’s protection in a decision dated December 7, 2015, finding that the Applicants could relocate to a viable internal flight alternative [IFA] in Johannesburg. The Applicants’ appeal to the Refugee Appeal Division [RAD] of the IRB was dismissed on March 22, 2016, and this Court denied leave for judicial review of the RAD’s decision on July 29, 2016. (See Decision)

    Feb 23, 2018 11:06 AM

  • Canada (Attorney General) v. Liang - 2018 FCA 39

    The Attorney General appeals from a decision of the Federal Court of Canada striking the statements of claim in two proposed class actions for reasons reported as Whaling v Canada (Attorney General) and Liang v Canada (Attorney General), 2017 FC 121, 374 C.R.R. (2d) 249 (Reasons). The Attorney General appeals from a decision in which she was successful because, having struck the claims in their entirety, the Federal Court granted the plaintiffs (respondents in the appeals) leave to amend. The Attorney General contends that the claims cannot be amended in a way that will disclose a reasonable cause of action. (See Decision)

    Feb 23, 2018 11:06 AM

  • VLN Advanced Technologies Inc. v. The Queen - 2018 TCC 33

    VLN Advanced Technologies Inc. v. The Queen (See Decision)

    Feb 23, 2018 11:06 AM

  • Nagel v. The Queen - 2018 TCC 32

    On January 24, 2017, Denise C. Nagel filed with this Court an application for an order extending the time within which an appeal may be instituted in respect of a tax reassessment made by the Minister of National Revenue (the “Minister”) under the Income Tax Act (RSC, 1985, c. 1 (5th supp.), as amended) (the “Act”), for the 2013 taxation year. A notice of appeal was attached to the application. (See Decision)

    Feb 23, 2018 11:06 AM

  • The Saga of the Canada’s “Making Available Right” in Three Acts

    Feb 23, 2018 9:06 AM

  • Fabrikant v. Canada - 2018 FCA 43

    The appellant, Valery Fabrikant, appeals an order of the Federal Court of Canada (per Justice Roussel) dated November 25, 2016 (T-1405-16). The Federal Court dismissed the appellant’s appeal from an order of Prothonotary Aylen dismissing the appellant’s motion for an order waiving the filing fee of a proposed application for judicial review (Fabrikant v. Canada, 2016 FC 954). (See Decision)

    Feb 22, 2018 11:07 AM

  • Bell Canada v. Lackman - 2018 FCA 42

    The appellants Bell Canada, Bell Expressvu Limited Partnership, Bell Media Inc., Vidéotron S.E.N.C., Groupe TVA Inc., Rogers Communications Canada Inc. and Rogers Media Inc. (the appellants) are appealing the order of Justice Bell of the Federal Court (the Judge) dated June 29, 2017 (Justice Bell’s Order or Reasons), whereby he vacated the Anton Piller order granted by Justice LeBlanc on June 9, 2017 (Justice LeBlanc’s Order) and dismissed the appellants’ motion for an interlocutory injunction. In the underlying action, the appellants alleged that Adam Lackman (the respondent) infringed copyright by communicating and making available to the public the appellants’ programs, and by inducing and/or authorizing users of infringing add-ons to initiate acts of infringement through the business it operates under the name TVAddons.ag (TVAddons or the TVAddons website). (See Decision)

    Feb 22, 2018 11:07 AM

  • Rozas del Solar v. Canada (Citizenship and Immigration) - 2018 FC 156

    Before this Court are two motions for leave to intervene under Rule 109 of the Federal Courts Rules, SOR/98-106. For the reasons that follow, I am allowing both motions, with terms. (See Decision)

    Feb 22, 2018 11:06 AM

  • What Happens to Cryptocurrencies When You Die?

    Blockchain removes intermediaries from transactions. For the most part that’s a good thing – but it can also have unintended consequences. For example, cryptocurrencies like Bitcoin flow between people much like paper money would be handed over. No financial institution is involved in the transaction. The same is true for other assets being tracked by blockchain technology, such as corporate shares. (See full article)

    Feb 22, 2018 9:06 AM

  • C.D. Howe Institute Commentary

    Issue number #499 (January 2018) of publication C.D. Howe Institute Commentary is now available

    Feb 21, 2018 11:46 AM

  • R. v. G.T.D. - 2018 SCC 7

    R. v. G.T.D. (See Decision)

    Feb 21, 2018 11:07 AM

  • Zhou v. Canada (Citizenship and Immigration) - 2018 FC 182

    The applicant, Mr. Jie Zhou, is a citizen of the People’s Republic of China. He came to Canada in April 2015 and claimed refugee status in October 2016. He says that he joined Falun Gong in 2014, that he escaped a raid of the Public Security Bureau [PSB] on his group of Falun Gong practitioners and that he was told that PSB agents came to his home to arrest him. (See Decision)

    Feb 21, 2018 11:07 AM

  • R. v. A.G.W. - 2018 SCC 9

    R. v. A.G.W. (See Decision)

    Feb 21, 2018 11:07 AM

  • Armstrong v. Canada (Attorney General) - 2018 FC 183

    Lt. Col. Roy Armstrong seeks judicial review of a decision of the Final Authority of the Canadian Forces’ grievance process, which denied his grievance concerning the convening of a Supplementary Selection Board to decide whether he should be promoted to the rank of Colonel. For the reasons that follow, I am denying his application. (See Decision)

    Feb 21, 2018 11:07 AM

  • Armstrong v. Canada (Attorney General) - 2018 FC 184

    Lt. Col. Roy Armstrong seeks judicial review of a decision of the Final Authority of the Canadian Forces’ grievance process, which denied his grievance concerning his 2014/15 Performance Evaluation Report. For the reasons that follow, I am allowing his application. (See Decision)

    Feb 21, 2018 11:07 AM

  • Hosseini v. Canada (Immigration, Refugees and Citizenship) - 2018 FC 171

    Mr Seyed Hossein Hosseini and his family, citizens of Iran, sought permanent residence in Canada but an immigration officer dismissed their applications. The officer concluded that Mr Hosseini was inadmissible because he is a danger to Canada’s security (pursuant to s 34(1)(d) of the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA]; all enactments cited are set out in an Annex). (See Decision)

    Feb 21, 2018 11:06 AM

  • Etik v. Canada (Citizenship and Immigration) - 2018 FC 175

    Nevzat Etik [the Applicant] has applied for judicial review of a decision dated July 18, 2017 [the Decision] made by a member of the Refugee Appeal Division [RAD]. It upholds the finding of the Refugee Protection Division [RPD] that the Applicant is neither a Convention refugee nor a person in need of protection. This application is brought pursuant to subsection 72(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 [the IRPA]. (See Decision)

    Feb 21, 2018 11:06 AM

  • Huynh v. Canada (Citizenship and Immigration) - 2018 FC 148

    Mr. Phu Tam Huynh (the “Applicant”) seeks judicial review of the decision of Senior Immigration Officer (the “Officer”), refusing his Pre Removal Risk Assessment (“PRRA”) application. (See Decision)

    Feb 21, 2018 11:06 AM

  • Bokuli v. Canada (Citizenship and Immigration) - 2018 FC 150

    Ms. Clémence Kazadi Mbuyi Bokuli (the “Principal Applicant”) and her children Melya Bokuli, Lorenzia Bokuli and Luigi Bokuli (collectively the “Applicants”) seek judicial review of the decision of the Immigration and Refugee Board, Refugee Protection Division (the “Board”), dismissing their application for recognition as convention refugees or persons in need of protection within the meaning of section 96 and subsection 97(1), respectively, of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (the “Act”). (See Decision)

    Feb 21, 2018 11:06 AM

  • Eidangbe v. Canada (Citizenship and Immigration) - 2018 FC 138

    Mr. Gabriel Ehikioya Eidangbe (the “Principal Applicant”), his wife Sarah Fatima Eidangbe and their children Kimberly Osereme Eidangbe, Alexanderson Oseghale Eidangbe, Ehinome Gabriel Eidangbe, Efua Pearl Eidangbe and Aizenose Faith Eidangbe (collectively “the Applicants”) seek judicial review of the decision of a Visa Officer (the “Officer”) working at the Canadian High Commission in Lagos, Nigeria. In that decision, dated April 27, 2017, the Officer refused the Applicants’ application for a Temporary Resident Visa (“TRV”). (See Decision)

    Feb 21, 2018 11:06 AM

  • Galamb v. Canada (Citizenship and Immigration) - 2018 FC 135

    The Applicant claims refugee protection against return to Hungary as a person of Romani ethnicity pursuant to s. 96 of the Immigration and Refugee Protection Act (IRPA). (See Decision)

    Feb 21, 2018 11:06 AM

  • An Ethical Jury? Reflections on the Acquittal of Gerald Stanley for the Murder/Manslaughter of Colten Boushie

    We understand the ethical duties of lawyers and judges in a criminal trial – what they ought to do, what their office requires of them. Sure, we argue about the details (e.g., me on prosecutors), but in general we know what defence lawyers, prosecutors and judges ought to do. Yet as shown by Gerald Stanley’s acquittal by a jury on charges of murder and manslaughter after his admitted killing of Colten Boushie, lawyers and judges are not the only people relevant to the functioning of a... (See full article)

    Feb 21, 2018 9:06 AM

  • Canada-EU – Old Ties, New Trade Partners

    For Canadian business, the threat of U.S. withdrawal from NAFTA is the biggest and most immediate challenge. Without progress that satisfies the U.S. Administration, the current NAFTA negotiations may end with the U.S. issuing a Notice of Withdrawal that starts the six month clock on formal U.S. withdrawal from the Agreement and the market uncertainty that will likely follow. (See full article)

    Feb 21, 2018 9:06 AM

  • Wafa v. Canada (Citizenship and Immigration) - 2018 FC 179

    Wafa v. Canada (Citizenship and Immigration) (See Decision)

    Feb 17, 2018 11:06 AM

  • Mathurin v. Canada (Immigration, Refugees and Citizenship) - 2018 FC 172

    In 2008, Ms Sandrina Mathurin arrived in Canada from St Lucia as a visitor. Her visa expired in 2009, but she remained in Canada and had two children here (she also has two children in St Lucia). In 2014, Ms Mathurin applied unsuccessfully for permanent residence on humanitarian and compassionate grounds (H&C). She also applied for refugee status but was found not to be credible. (See Decision)

    Feb 17, 2018 11:06 AM

  • Mcmaster v. Canada (Attorney General) - 2018 FCA 37

    Mr. McMaster (the Appellant) appeals from a judgment of McDonald J. of the Federal Court (the Federal Court Judge) rendered on January 6, 2017 (2017 FC 25). The Federal Court Judge dismissed the Appellant’s application for judicial review of a decision rendered on December 11, 2015 by the Assistant Commissioner for the Correctional Service of Canada in respect of a grievance (the Decision). The grievance raised eight (8) issues and was filed by the Appellant on August 19, 2015. The Decision upheld portions of the Appellant’s grievance, denied others and ordered corrective action, in respect of two of the allegations. (See Decision)

    Feb 17, 2018 11:06 AM

  • Dimo v. Canada (Citizenship and Immigration) - 2018 FC 173

    This is an application under subsection 72(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA], for judicial review of a decision made on September 8, 2016 [Decision] by the Refugee Protection Division [RPD] of the Immigration and Refugee Board of Canada. The RPD found that the Applicants were neither Convention refugees nor persons in need of protection under sections 96 and 97 of the IRPA. The RPD also found that pursuant to subsection 107(2) of the IRPA there was no credible basis for the claims made by the Applicants. That finding precludes an appeal to the Refugee Appeal Division [RAD]. (See Decision)

    Feb 17, 2018 11:06 AM

  • Emhemed v. Canada (Citizenship and Immigration) - 2018 FC 167

    The Applicant is a citizen of Libya who came to Canada on a student visa in June 2014. Three (3) months later, he claimed refugee protection alleging he was targeted by the Zintan Brigade in Libya after an altercation at a café in February 2014. (See Decision)

    Feb 17, 2018 11:06 AM

  • University of Alberta v. Canada (Attorney General) - 2018 FCA 36

    The appellants, the Governors of the University of Alberta and Alberta Health Services, appeal a decision by Justice Russell of the Federal Court, dated April 24, 2017 (The Governors of the University of Alberta and Alberta Health Services v. Attorney General of Canada, 2017 FC 402). The Federal Court dismissed the appellants’ application for judicial review of three decisions from the Canadian Intellectual Property Office (CIPO) on behalf of the Commissioner of Patents. (See Decision)

    Feb 17, 2018 11:06 AM