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Case Law

  • Mahjoub v. Canada (Citizenship and Immigration and Public Safety and Emergency Preparedness) - 2017 FCA 157

    Jul 20, 2017 10:07 AM

  • Cowessess First Nation no. 73 v. Pelletier - 2017 FC 692

    This is an application for judicial review pursuant to section 18.1 of the Federal Courts Act, RSC 1985, c F-7 which challenges a June 27, 2016 decision [the Decision] of the Cowessess First Nation Election Appeal Tribunal [Tribunal]. (See Decision)

    Jul 20, 2017 10:07 AM

  • Soullière v. Canada (Health) - 2017 FC 686

    This is an application for judicial review of a decision (“Decision”) of the Canadian Human Rights Commission (“Commission”) which dismissed Ms. Soullière’s complaint against Health Canada (“HC”) pursuant to section 44(3)(b)(i) of the Canadian Human Rights Act, RSC 1985, c H-6 [Act]. This judicial review was heard concurrently with a companion case, Court File No. T-690-15, which challenged a related decision of the Commission that the Applicant had simultaneously filed against Canadian Blood Services (“CBS”). (See Decision)

    Jul 20, 2017 10:07 AM

  • Wang v. Canada (Public Safety and Emergency Preparedness) - 2017 FC 690

    This is an application for judicial review challenging a decision of the Immigration Appeal Division [IAD] dated November 2, 2016, compelling the Applicant, Mr. Yang Wang, to testify at a hearing before the IAD. (See Decision)

    Jul 20, 2017 10:07 AM

  • Archibald v. Canada (Attorney General) - 2017 FC 674

    This is my third decision in relation to an effort by the applicants to obtain an extension of the deadline for commencing an application for judicial review. The applicants’ effort began with a motion in writing filed on March 10, 2017. After receiving the respondent’s motion record on March 29, 2017, the applicants filed a second motion on April 6, 2017, seeking leave to file a supplementary affidavit and an extension of the deadline for filing reply submissions. (See Decision)

    Jul 20, 2017 10:07 AM

  • Soullière v. Canadian Blood Services Health Canada - 2017 FC 689

    This case is about Yanhong Dewan, a young woman of exceptional kindness and generosity. It has been estimated that just under half of Canadian adults are eligible to give blood, and of those eligible only 3-5% actually donate (see Canadian Blood Services v Freeman, 2010 ONSC 4885 at para 49 [Freeman]). Ms. Dewan is one of those exceptional individuals who wanted to donate her blood to help others in need. Regrettably, she was also one of the many found to be ineligible to donate blood. (See Decision)

    Jul 20, 2017 10:07 AM

  • Montminy v. Canada - 2017 FCA 156

    These are seven appeals from judgments rendered by Justice D’Auray of the Tax Court of Canada (the TCC judge) confirming in a single set of reasons the notices of assessment issued against the appellants (Montminy v. The Queen, 2016 TCC 110). These assessments disallowed the deduction claimed by the appellants for the 2007 taxation year under paragraph 110(1)(d) of the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.) (the ITA) following the sale of shares issued by their employer under a stock option plan. (See Decision)

    Jul 20, 2017 10:06 AM

  • David Suzuki Foundation v. Canada (Health) - 2017 FC 682

    According to the Applicants, bees in Canada may be at risk from exposure to the pesticides Clothianidin and Thiamethoxam. In these applications, the Applicants assert that the Pest Management Regulatory Agency [PMRA] has engaged in an unlawful course of conduct of improperly successively registering or amending the registration for these pesticides and their end-use products notwithstanding that the corporate Respondents have failed to provide the scientific information required, as a condition of their registrations, to demonstrate that the products’ environmental risks are acceptable to pollinators. (See Decision)

    Jul 20, 2017 10:06 AM

  • Balci v. Canada (Immigration, Refugees, and Citizenship) - 2017 FC 681

    Jul 20, 2017 10:06 AM

  • Singh v. Canada (Public Safety and Emergency Preparedness) - 2017 FC 683

    This is an application for judicial review under subsection 72(1) of the Immigration and Refugee Protection Act, SC 2001, c-27 [IRPA or the Act] of an Immigration Division [ID or the Board] September 12, 2016 interlocutory decision [Decision]. The Decision under review dismissed an interlocutory proceeding that rejected a res judicata argument on the basis of cause of action estoppel The effect of this interlocutory proceeding, if successful, would be to halt the ID’s inadmissibility hearing which resulted from a referral under subsection 44(2) of the Act. After considering the able arguments of counsel on both sides, I am dismissing this judicial review for the reasons explained below. (See Decision)

    Jul 20, 2017 10:06 AM

  • Wilson v. Alharayeri - 2017 SCC 39

    Section 241(3) of the Canada Business Corporations Act, R.S.C. 1985, c. C-44 (“CBCA ”), allows a court to “make any interim or final order it thinks fit” to rectify the matters complained of in an action for corporate oppression. The principal question raised by this appeal is when an order for compensation under this section may properly lie against the directors of a corporation personally, as opposed to the corporation itself. (See Decision)

    Jul 20, 2017 10:06 AM

  • Gaziova v. Canada (Citizenship and Immigration) - 2017 FC 679

    Barbora Gaziova (the “Principal Applicant”), Barbora Lukacova and Michaela Lukacova (collectively the “Applicants”) seek judicial review of the decision, dated June 13, 2016, of an Officer (the “Officer”) dismissing their application for permanent residence in Canada on humanitarian and compassionate (“H&C”) grounds, pursuant to subsection 25(1) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (the “Act”). (See Decision)

    Jul 20, 2017 10:06 AM

  • Canadian Copyright Licensing Agency v. York University - 2017 FC 669

    This is an action by The Canadian Copyright Licensing Agency (“Access Copyright”) [Access] against York University [York] to enforce an Interim Tariff first issued by the Copyright Board of Canada [Copyright Board or Board] on December 13, 2010 (as subsequently varied during its term) in respect to copying activities engaged in by its employees in the period September 1, 2011 to December 31, 2013. (See Decision)

    Jul 20, 2017 10:06 AM

  • Canadian Union of Postal Workers v. Canada Post Corporation - 2017 FCA 153

    The appellant, the Canadian Union of Postal Workers, appeals from the February 26, 2016 decision of the Federal Court (2016 FC 252), in which the application judge dismissed the appellant’s application for judicial review of the November 27, 2014 decision of the Occupational Health and Safety Tribunal (the OHST). An Appeals Officer of the OHST (the Appeals Officer) determined that the employer’s work place inspection obligation, under paragraph 125(1)(z.12) of the Canada Labour Code, R.S.C. 1985, c. L-2 (the Code), only applies to work places controlled by the employer. As such, the Appeals Officer found that the respondent, Canada Post, is not obligated to ensure that all areas outside the physical Canada Post building in Burlington, Ontario are inspected annually. (See Decision)

    Jul 20, 2017 10:06 AM

  • Siddoo v. The International Longshoreman’s Warehousemen’s Union, Local 502 - 2017 FC 678

    Ms. Munglegeet Kaur Siddoo (the “ Applicant”) seeks judicial review of the decision of Mr. David Thomas sitting as the Canadian Human Rights Tribunal (the “Tribunal”), upon adjudication of her complaint of discrimination, pursuant to the Canadian Human Rights Act, R.S.C., 1985, c. H-6 (the “Act”), against the International Longshoremen’s and Warehousemen’s Union, Local 502 (the “Respondent” or the “Respondent Union”). (See Decision)

    Jul 20, 2017 10:06 AM

  • R. v. George - 2017 SCC 38

    At the hearing, the Court allowed the appeal and restored Ms. George’s acquittals, with reasons to follow. These are those reasons. (See Decision)

    Jul 20, 2017 10:06 AM

  • Anata v. Canada (Citizenship and Immigration) - 2017 FC 665

    This is an application under s 72(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA] for judicial review of the decision of an immigration officer [Visa Officer] at the Case Processing Centre in Vegreville [CPCV], dated February 22, 2016 [Decision], which removed Marlon Taylo Anata [Male Applicant or Marlon] from Marilou Taylo Anata’s [Principal Applicant] application for permanent residence under the Live-in Caregiver Class [LCC]. (See Decision)

    Jul 20, 2017 10:06 AM

  • Ye v. Canada (Attorney General) - 2017 FC 660

    The Applicant, a federal inmate, is seeking judicial review of a decision made by the Appeal Division of the Parole Board of Canada [the Appeal Division] on May 3, 2016, affirming the Parole Board [the Board]'s refusal to grant him full parole. (See Decision)

    Jul 20, 2017 10:06 AM

  • Goodyear Canada Inc. v. Canada (Environment) - 2017 FCA 149

    On October 15, 2011, the Ministers of the Environment and Health published an order in the Canada Gazette, Part I, proposing the addition by the Governor in Council of BENPAT, an antioxidant compound used in the production of tires, to the List of Toxic Substances under Schedule 1 of the Canadian Environmental Protection Act, 1999, S.C. 1999, c. 33 (the Act). As permitted by subsection 332(2), the appellant, Goodyear Canada Inc., filed a notice of objection and requested that a board of review be established under section 333. The mandate of a board of review is to inquire into the nature and extent of the danger posed by a substance which, in this case, the Ministers recommend and the Governor in Council proposes to add to the List of Toxic Substances in Schedule 1 of the Act. (See Decision)

    Jul 20, 2017 10:06 AM

  • Balogh v. Canada (Citizenship and Immigration) - 2017 FC 654

    This is an application for judicial review of a pre-removal risk assessment [PRRA] decision by a Senior Immigration Officer [Officer] dated October 25, 2016, in which the Officer determined that the Applicant would not be subject to risk of torture, be at risk of persecution, or face a risk to life or risk of cruel and unusual punishment or treatment if removed to Hungary, her country of nationality. (See Decision)

    Jul 20, 2017 10:06 AM

  • Hameed v. Canada (Public Safety and Emergency Preparedness) - 2017 FC 657

    Ms. Wajeeha Zehra Hameed and her son, Mazahir Muhammad Hameed are the Applicants in this matter. They first came to Canada in June 2001 and obtained permanent residence status upon landing. Two weeks later they returned to Pakistan. In 2013 the Applicants returned to Canada on a temporary residence visa. (See Decision)

    Jul 20, 2017 10:06 AM

  • R. v. Alex - 2017 SCC 37

    Each year, drunk drivers cause tremendous suffering and loss of life on Canada’s roadways. Tragically, drinking and driving offences remain one of the most common crimes in Canada — and they place a substantial burden on the criminal justice system. (See Decision)

    Jul 20, 2017 10:06 AM

  • Chen v. Canada (Citizenship and Immigration) - 2017 FC 650

    This is an application for judicial review under section 72(1) of the Immigration and Refugee Protection Act, SC 2001, c-27 [the Act] of a November 17, 2016 decision [Decision] by the Refugee Appeal Division [RAD] of the Immigration and Refugee Board. In its Decision, the RAD confirmed the Refugee Protection Division [RPD] conclusion that the Applicant was neither a Convention refugee nor a person in need of protection under sections 96 and 97 of the Act. For the reasons explained below, I am dismissing this judicial review. (See Decision)

    Jul 20, 2017 10:06 AM

  • Johnny v. Adams Lake Indian Band - 2017 FCA 147

    The appellant, Doris Johnny, was elected as a Band Councillor of the Adams Lake Indian Band in February 2015, for a three-year term of office. She was removed from that office effective December 9, 2015, and prohibited from running in the Band election for the Chief and Councillors to be held in 2018 because she was found to have breached her oath of office. The appellant’s challenge of the decision removing her from office was rejected by the Federal Court. The Federal Court found the decision was reached in a procedurally fair manner and was reasonable (2016 FC 1399). This is an appeal from the judgment of the Federal Court. (See Decision)

    Jul 20, 2017 10:06 AM

  • Barak v. Canada (Citizenship and Immigration) - 2017 FC 648

    This is an application for leave and for judicial review, pursuant to subsection 72(1) of the Immigration and Refugee Protection Act, SC 2001 c 27 [the IRPA], of a September 2, 2016 decision of a visa officer [the Officer], in Islamabad, Pakistan [the Decision] wherein the Officer determined that the Applicants do not meet the requirements for permanent residence immigration to Canada, under either of the Convention Refugee Abroad and Country of Asylum classes. For the reasons explained below, the judicial review will be granted. A brief summary of the facts follows. (See Decision)

    Jul 20, 2017 10:06 AM

  • Modernizing the Law of Wills in the UK – Should Canada Follow Suit?

    The UK Association of Contentious Trusts and Probate Specialists (ACTAPS) has just notified its members as follows: (See full article)

    Jul 20, 2017 10:06 AM

  • UNCITRAL Adopts Model Law on Electronic Transferable Records

    UNCITRAL has now adopted a model law on electronic transferable records. See the press release below. The full text will be available online shortly at the URL shown at the end of the document. (See full article)

    Jul 20, 2017 10:06 AM

  • This Little Measure

    Font large upon a central screen, my new hybrid car informs me about my fuel efficiency. (See full article)

    Jul 20, 2017 10:06 AM

  • Titkova v. Canada (Citizenship and Immigration) - 2017 FC 691

    This is an application for judicial review by Svetlana Titkova [“Applicant”], pursuant to subsection 72(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 [“IRPA”], of a decision made by an Backlog Reduction Officer [“Officer” or “PRRA Officer”] dated November 28, 2016, delivered January 16, 2017 [“Decision”], in which the Applicant’s Pre-Removal Risk Assessment [“PRRA”] was denied. (See Decision)

    Jul 19, 2017 2:07 PM

  • Abbvie Corporation v. Samsung Bioepis Co., Ltd. - 2017 FC 675

    This is a motion on behalf of the Respondent, Samsung Bioepis Co., Ltd. (“Bioepis”), seeking a protective order regarding documents that will be disclosed pursuant to an underlying action, in which the Applicants, AbbVie Corporation and AbbVie Biotechnology Ltd. (together, “AbbVie”), are seeking orders prohibiting the Minster of Health from issuing notices of compliance pursuant to the Patented Medicines Notice of Compliance Regulations, SOR/93-133 [Regulations]. (See Decision)

    Jul 19, 2017 2:07 PM