vLex Canada

  • Armour Group Limited v. Canada - 2018 FCA 134

    This is an appeal from the judgment of Justice Paris of the Tax Court of Canada (2017 TCC 65) (TCC) who dismissed the appeal of The Armour Group Limited (AGL) from a reassessment which denied AGL’s claim for a deduction for a lease cancellation fee of $2.24 million in 2003. (See Decision)

    Jul 19, 2018 10:09 AM

  • Krasniqi v. Canada (Citizenship and Immigration) - 2018 FC 743

    This case concerns a decision (the “Decision”) of a Deputy Migration Program Manager to reject a temporary resident permit (“TRP”) application made pursuant to s. 24(1) of the Immigration and Refugee Protection Act (“IRPA”), SC 2001, c 27. The provision reads as follows: (See Decision)

    Jul 19, 2018 10:09 AM

  • Oleynik v. Canada (Attorney General) - 2018 FC 737

    Dr. Anton Oleynik (the “Applicant”) seeks judicial review of a funding decision made by the Internal Appeal Committee (the “Appeal Committee”) of the Social Sciences and Humanities Research Council of Canada (“SSHRC”) by which a “Not Offered” decision was confirmed. The decision of the Appeal Committee was made in a letter dated October 3, 2016. (See Decision)

    Jul 19, 2018 10:09 AM

  • Hiscock v. Canada (Attorney General) - 2018 FC 727

    This is an application for judicial review of the decision of the Veterans Review and Appeal Board Canada Entitlement Reconsideration Panel [the Reconsideration Panel] heard October 18, 2017, which denied a request to reopen a decision of the Veterans Review and Appeal Board Canada Entitlement Appeal Panel [the Appeal Panel]. The claim for reconsideration was made under subsection 50(g) of the Veterans Review and Appeal Board Regulations, SOR/2006-50 [Regulations]. A previous Appeal Panel had heard an earlier appeal of this matter on November 7, 2013, but denied the Applicant’s disability claim in respect of her late husband. The veteran’s claim was made pursuant to section 45 and subsection 50(3) of the Canadian Forces Members and Veterans Re-establishment and Compensation Act, SC 2005 c 21 [the Act]. In 2018, this statute was renamed the Veterans Well-being Act, SC 2005, c 21. (See Decision)

    Jul 19, 2018 10:08 AM

  • Ménard v. Canada (Attorney General) - 2018 FC 719

    This is an application for leave and for judicial review filed by Robert Ménard, the applicant, against a decision of the Parole Board of Canada (the Board) dated March 6, 2018, imposing two additional special conditions on his long-term supervision order (LTSO) issued in 2012. (See Decision)

    Jul 19, 2018 10:08 AM

  • Doshi v. Canada (Attorney General) - 2018 FC 710

    On March 18, 2000, at the age of 15, Vanessa Young died of a heart attack, after taking a prescription drug called Prepulsid. After Vanessa’s death, her father, Terence Young, began investigating the practices of the pharmaceutical industry and wrote a book on the topic. He advocated for stronger measures intended to protect the public against the unintended side effects of drugs. He ran for elected office and was a Member of Parliament for Oakville from 2008 to 2015. He played a major role in the debates leading to the adoption of Bill C-17, which amends the Food and Drugs Act, RSC 1985, c F-27 [the Act]. Bill C-17 is now known as the Protecting Canadians from Unsafe Drugs Act (Vanessa’s Law), SC 2014, c 24, and I will refer to it simply as Vanessa’s Law. This is the first case in which the courts are called upon to interpret and apply Vanessa’s Law. (See Decision)

    Jul 19, 2018 10:08 AM

  • Hissein v. Canada (Citizenship and immigration) - 2018 FC 698

    This is an application for judicial review pursuant to subsection 72(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA] of a decision by the Refugee Appeal Division [RAD] of the Immigration and Refugee Board [Board] made on December 13, 2017, under subsection 111(1) of the IRPA. In that decision, the RAD upheld the decision of the Refugee Protection Division [RPD], finding that the applicant is not a “Convention refugee” or “person in need of protection” within the meaning of sections 96 and 97 of the IRPA. (See Decision)

    Jul 19, 2018 10:08 AM

  • C.D. Howe Institute Commentary

    Issue number #514 (May 2018) of publication C.D. Howe Institute Commentary is now available

    Jul 18, 2018 8:05 PM

  • Betser-Zilevitch v. Nexen Inc. - 2018 FC 735

    The Defendants, Nexen Inc. and CNOOC Canada Inc. [collectively, Nexen or the Defendants] bring this motion for an order declaring that a settlement was reached between the Plaintiff, Maoz Betser-Zilevitch [Betser-Zilevitch], and the Defendants, and identifying the terms of settlement. They also seek an order deeming this action discontinued in accordance with the alleged settlement agreement, together with costs payable forthwith. (See Decision)

    Jul 18, 2018 10:09 AM

  • Canada (Public Safety and Emergency Preparedness) v. Mehmedovic - 2018 FC 729

    This is an application for judicial review of a decision dated June 15, 2018, by the Immigration Division [ID] of the Immigration and Refugee Board of Canada, ordering the Respondent’s release from immigration detention subject to certain conditions [the Decision]. The Applicant is the Minister of Public Safety and Emergency Preparedness [the Minister]. (See Decision)

    Jul 18, 2018 10:09 AM

  • Haider v. Canada (Citizenship and Immigration) - 2018 FC 686

    The Applicant, Waqar Haider, seeks judicial review of the October 2, 2017 decision of a visa officer (“Officer”) of the High Commission of Canada in London which, pursuant to s 87(3) of the Immigration and Refugee Protection Regulations, SOR/2002-227 (“IRP Regulations”), refused his application for permanent residence in Canada as a member of the provincial nominee class. (See Decision)

    Jul 18, 2018 10:07 AM

  • Judicial Review Properly Initiated at Divisional Court

    The first stop in the lawsuit against the Statement of Principles concluded this month, with the Ontario Superior Court of Justice upholding a motion by the law society to transfer the matter to the Divisional Court. (See full article)

    Jul 18, 2018 6:07 AM

  • Akinfolajimi v. Canada (Citizenship and Immigration) - 2018 FC 722

    The applicants, Adebimpe Joyce Akinfolajimi [the principal applicant] and her children Oluwakoretomiwa, Oluwateniola Treasure, and Oluwatiresayemi Akinfolajimi, bring this application for judicial review under subsection 72(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA]. (See Decision)

    Jul 17, 2018 10:09 AM

  • Calin v. Canada (Public Safety and Emergency Preparedness) - 2018 FC 731

    The Applicant, Nicoleta Calin, seeked an urgent motion dated June 28, 2018 to obtain an interlocutory mandatory injunction pursuant to section 18.2 of the Federal Courts Act, RSC 1985, c F-7 for her immediate release from detention, and by extension of her two minor children, Antonia Calin and Casia Calin [the children], ages 6 and 4, respectively, pending the Court’s pronouncement on the application dated June 28, 2018 for judicial review of a decision of a member [the Member] of the Immigration Division [ID] of the Immigration and Refugee Board [Board], dated June 21, 2018 [June 21 Decision], in Montreal, Canada, whereby the detention of the Applicant and by extension her children was continued from June 12, 20188 for a further 30 days pursuant to section 58 of the Immigration and Refugee Protection Act, SC 2001, c 27 [the IRPA]. (See Decision)

    Jul 17, 2018 10:09 AM

  • Patterson Dental Canada Inc. v. The Queen - 2018 TCC 112

    This is an appeal against an assessment made pursuant to the Excise Tax Act, R.S.C. 1985, c. E-15, as amended (the “ETA”), by the Agence du revenu du Québec, acting on behalf of the Minister of National Revenue (collectively the “Minister”), notice of which bears no specific number and is dated March 16, 2010, for the reporting periods from March 1, 2005 to May 31, 2009 (the “periods in issue”). (See Decision)

    Jul 17, 2018 10:09 AM

  • Richardson v. The Queen - 2018 TCC 135

    The Appellant is employed in various film productions as a lighting technician who largely runs the lighting department of the productions. He reports to the director of lighting of each production. (See Decision)

    Jul 17, 2018 10:09 AM

  • Rocco Gagliese Productions Inc. v. The Queen - 2018 TCC 136

    The issue in this appeal is whether the income the Appellant realized during its 2011, 2012 and 2013 taxation years from music composed by an employee, who is a member of the Society of Composers, Authors and Music Publishers of Canada (referred to as “SOCAN”), is eligible for the small business deduction pursuant to subsection 125(1) of the Income Tax Act. (See Decision)

    Jul 17, 2018 10:09 AM

  • Aitchison Professional Corporation v. The Queen - 2018 TCC 131

    Aitchison Professional Corporation (“APC”) is a law corporation which carries on business under the name Aitchison Law Office. APC was incorporated in December 2003 by three lawyers: James Aitchison and his daughters, Kelly Aitchison and Laurie Aitchison. For simplicity, I will refer to these three individuals as James, Kelly and Laurie and will refer to them collectively as the Aitchisons. (See Decision)

    Jul 17, 2018 10:08 AM

  • Electronic Wills – Update

    In January of this year, I canvassed developments on electronic wills in Australia, New Zealand, England & Wales, the U.S. and Canada. Since that time, the Uniform Law Commission (ULC)’s drafting committee in the U.S. has been moving the file forward. I am not aware of any law reform action Down Under, and the Law Commission of England & Wales is still thinking about it. Canada is discussed later in this column. (See full article)

    Jul 15, 2018 6:06 AM

  • British Columbia v. Philip Morris International, Inc. - 2018 SCC 36

    In 2000, the Legislative Assembly of British Columbia enacted the Tobacco Damages and Health Care Costs Recovery Act, S.B.C. 2000, c. 30. The Act, whose constitutionality was upheld by this Court in British Columbia v. Imperial Tobacco Canada Ltd., 2005 SCC 49, [2005] 2 S.C.R. 473, creates a right of action allowing the Province to sue tobacco manufacturers, as it has in this case, “to recover the cost of health care benefits” related to “disease caused or contributed to by exposure to a tobacco product”: ss. 1 “tobacco related disease” and 2(1). (See Decision)

    Jul 14, 2018 10:09 AM

  • Ahmadzai v. Canada (Citizenship and Immigration) - 2018 FC 725

    The Applicant, Shahid Ahmadzai, is a 29-year-old citizen of Afghanistan. He arrived in Canada with his cricket team on September 3, 2009, and made a refugee claim on September 22, 2009. His refugee claim was denied on January 11, 2013, and he has continued to live in Canada on an open work permit since then due to a Temporary Suspension of Removals to Afghanistan. The Applicant’s first application for permanent resident status from within Canada on humanitarian and compassionate [H&C] grounds was rejected on September 22, 2015. The Applicant again applied for such status on October 10, 2016. (See Decision)

    Jul 14, 2018 10:09 AM

  • Friesen v. Canada (Attorney General) - 2018 FC 723

    Mr. Bradley Friesen is an experienced helicopter pilot who is known for his online publication of videos of the British Columbia landscape taken from the sky. He received a $1,000 fine from the Minister of Transport for contravening section 602.01 of the Canadian Aviation Regulations, SOR/96-433 [Regulations]. The Minister found that sliding a helicopter between skaters playing hockey on a frozen Upper Consolation Lake was “negligent” and “likely to endanger the life or property of any person”. (See Decision)

    Jul 14, 2018 10:09 AM

  • Resources on US Supreme Court Nominee Brett M. Kavanaugh

    Earlier this week, American President Trump nominated Brett M. Kavanaugh from the Court of Appeals for the District of Columbia to take the place of Justice Anthony Kennedy who will be retiring as of the end of this month. (See full article)

    Jul 14, 2018 6:07 AM

  • Thursday Thinkpiece: Anticipating and Managing the Psychological Cost of Civil Litigation

    Periodically on Thursdays, we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form. (See full article)

    Jul 14, 2018 6:07 AM

  • Status of Federal, Provincial and Territorial Cannabis Act

    When legalization of cannabis comes into effect in Canada, which is scheduled for October 17, 2018, marijuana will no longer be listed as a controlled substance under the Controlled Drug and Substances Act and the consumption and incidental possession will no longer be a crime under Canada’s Criminal Code. (See full article)

    Jul 14, 2018 6:07 AM

  • Aluminum & NAFTA Negotiations – a New Era of Global Trade?

    Since the summer of 2017 Canada, Mexico and the United States have been negotiating with the objective of agreeing on a revised NAFTA—sometimes called NAFTA 2.0. Most observers take the view that the talks have not gone well to date. The U.S. Administration is now signaling that it wants to take a hiatus until after the Congressional mid-term negotiations in November. This, in spite of renewed pushes from Canada and the newly elected Mexican President’s calls to accelerate the talks. It seems... (See full article)

    Jul 14, 2018 6:07 AM

  • R. v. Goodchild - 2018 ONSC 4291

    On November 15, 2017, Nicholas Goodchild was convicted of three counts of aggravated sexual assault, contrary to s. 273(1) of the Criminal Code of Canada. (See Decision)

    Jul 13, 2018 10:09 PM

  • Virc v. Blair - 2018 ONSC 4232

    Mr. Blair issued a Motion to Change on February 9, 2018. He seeks to change the order of Jarvis J. made May 31, 2016 at the conclusion of trial. Ms. Virc brings this motion requesting that Mr. Blair post security for costs with respect to the Motion to Change and that the Motion to Change be stayed with leave to Mr. Blair to issue another motion to change in a different jurisdiction. The security for costs issue was resolved at the commencement of the motion. Mr. Blair owns a property in London. In his affidavit, he agreed that he would undertake not to sell it. Ms. Virc stated in her affidavit that she would accept a first charge on the property. The parties agreed that a certificate of pending litigation would issue and be registered against the property. (See Decision)

    Jul 13, 2018 10:09 PM

  • Gouthro v. Intact Insurance Company - 2018 ONSC 4060

    The applicant, Intact Insurance Company (“Intact”), seeks a consolidation of this action for accident benefits to be tried together with the tort action, being court file number C-2143/2012. (See Decision)

    Jul 13, 2018 10:09 PM

  • Royal & Sun Alliance v. Desjardins/Certas - 2018 ONSC 4284

    The Appellant applies to judicially review the decision of Arbitrator Shari L. Novick dated February 24, 2017. In that decision the Arbitrator determined that the Appellant is in higher priority than the Respondent to pay the accident benefit claims of Helen Halliday, who was injured in a car accident while in the parking lot at her place of work. The Respondent is the insurer of the driver that struck Ms. Halliday. (See Decision)

    Jul 13, 2018 10:09 PM