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Case Law

  • A Simple Way to Increase Productivity

    Lawyers are intelligent, capable human beings who sometimes find it almost impossible to manage their time well. The reason could be that too much is expected of them; that they like to do things very well before moving on and that takes time; that they under-estimated how long an activity will take; that when activities involve dealing with others, time becomes a variable; that they have to spend valuable time cleaning up someone else’s work; that they have other people’s work dumped on... (See full article)

    Sep 23, 2018 6:06 AM

  • Liu v. Canada (Citizenship and Immigration) - 2018 FC 933

    The Applicant, Ms. Liu, is a citizen of China who claims refugee protection on account of her practice of Falun Gong. The Refugee Protection Division (RPD) found that her claim was not credible, found that she was not a genuine Falun Gong practitioner, and concluded that her claim was manifestly unfounded. For the reasons that follow, this judicial review is granted because of the RPD’s unreasonable consideration of the subpoena. Without providing any analysis, the RPD found that the subpoena tendered was fraudulent and this conclusion led to the RPD’s ultimate finding that the claim was manifestly unfounded. (See Decision)

    Sep 22, 2018 10:09 AM

  • Alam v. Canada (Citizenship and Immigration) - 2018 FC 922

    Shamsul Alam is a citizen of Bangladesh. He seeks judicial review of an immigration officer’s decision to refuse his application for permanent residence. The officer found Mr. Alam inadmissible to Canada pursuant to s 34(1)(f) of the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA]. (See Decision)

    Sep 22, 2018 10:09 AM

  • Naboulsi v. Canada (Citizenship and Immigration) - 2018 FC 916

    This matter came before the Court by way of an informal request, pursuant to Rule 35 (2) of the Federal Courts Rules SOR/98-106, in a letter received September 6, 2018, to schedule a special hearing in Montreal of a motion for declaratory relief in Court file T-217-18. Respondent’s counsel submitted a letter opposing the request on the same date. (See Decision)

    Sep 22, 2018 10:09 AM

  • On Disrupting the Legal Industry …

    I don’t think I will surprise anyone here when I say that I’ve heard quite a bit about how people want to disrupt legal practice. I have been thinking about this possibility and reading more about the theory of economic disruption, so now I thought I would elaborate on this here. Before starting I would like to assure those who roll their eyes at the mention of the word that I am also tired of hearing about it, but that there are some things that I think are worth saying. (See full article)

    Sep 22, 2018 6:07 AM

  • Students Are Looking Beyond the Boolean Search

    The cohort of students currently in law school and the junior ranks of firms are often described as “digital natives.” Wherever possible, we prefer to access information online instead of going to the library for books or other secondary sources. Our preference for online research is reinforced as we learn to engage with legal information. In our first year of law school, we are directed primarily to online platforms like CanLII, Quicklaw, Westlaw, and SSRN, and are encouraged to develop our... (See full article)

    Sep 22, 2018 6:07 AM

  • Confidentiality Breach Can Be Just Cause for Termination

    Despite its high threshold, the British Columbia Supreme Court upheld the just cause dismissal of a long-service management employee following a series of confidentiality breaches. (See full article)

    Sep 22, 2018 6:07 AM

  • Colmo v. Canada (Citizenship and Immigration) - 2018 FC 931

    The Applicant claims refugee protection against return to the Philippines as an Indigenous human rights advocate, pursuant to sections 96 and 97 of the Immigration and Refugee Protection Act (IRPA). (See Decision)

    Sep 21, 2018 10:10 AM

  • L.E. v. Canada (Immigration, Refugees and Citizenship) - 2018 FC 930

    This is an application for judicial review under subsection 72(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 [the IRPA], of the decision rendered on January 4, 2018, by a Senior Immigration Officer [the Officer], refusing the Applicant’s application for permanent residence on humanitarian and compassionate [H&C] grounds under subsection 25(1) of the IRPA. (See Decision)

    Sep 21, 2018 10:10 AM

  • Lachance v. Canada (National Revenue) - 2018 FC 925

    This is an application for judicial review of the decision of the Minister of National Revenue [the Minister] declining to exercise the discretion to allow an extension of the time limitation under paragraph 256(3)(a) of the Excise Tax Act, RSC 1985, c E-15 [the ETA]. (See Decision)

    Sep 21, 2018 10:10 AM

  • Zaki v. Canada (National Revenue) - 2018 FC 928

    This is an application for judicial review of the decision of the Minister of National Revenue [the Minister] denying the Applicant’s request for relief from interest and penalties owed in relation to the 2002 and 2003 taxation years, pursuant to subsection 220(3.1) of the Income Tax Act, RSC 1985, c 1 (5th Supp) [the Act]. (See Decision)

    Sep 21, 2018 10:10 AM

  • Kuzu v. Canada (Citizenship and Immigration) - 2018 FC 917

    The Refugee Protection Division [RPD] of the Immigration and Refugee Board of Canada denied the refugee protection claim of the Applicants, Hidir Kuzu [the Principal Applicant], his wife Meral Kuzu and their children Mehmet Rutkay Kuzu and Simay Kuzu after determining that they are not Convention refugees or persons in need of protection, pursuant to sections 96 and 97(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA]. (See Decision)

    Sep 21, 2018 10:10 AM

  • Laliberté v. The Queen - 2018 TCC 186

    The Appellant is the founder, and in 2009 was the controlling shareholder, of Cirque du Soleil. He has been reassessed a $41.8 million shareholder benefit in respect of the US $35 million cost of his twelve day trip to the International Space Station (“ISS”) in September and October 2009. (See Decision)

    Sep 21, 2018 10:09 AM

  • R. v. Hicks - 2018 NLSC 171

    The Appellant was charged with two offences: one count of impaired operation of a motor vehicle contrary to section 253(1)(a) of the Criminal Code of Canada, R.S.C. 1985, c. C-46 (the Code), and one count of operation of a motor vehicle with a blood alcohol content exceeding 80 mg. of alcohol per 100 ml. of blood contrary to section 253(1)(b) of the Code. The charges arose from an incident occurring on October 8, 2016, at the Town of Bay L’Argent, Newfoundland and Labrador. At trial, the Appellant was acquitted of the charge under section 253(1)(a) but convicted under section 253(1)(b). It is that conviction that is the subject of this appeal. (See Decision)

    Sep 20, 2018 10:09 PM

  • Agapi v. Canada (Citizenship and Immigration) - 2018 FC 923

    Ievgen Agapi (the “Applicant”) is a 49 year old citizen of the Ukraine. In 2015, he was sponsored to come to Canada through the Manitoba Provincial Nominee Program (“MPNP”) but an Immigration Program Manager (the “Manager”) with Immigration, Refugees and Citizenship Canada believed that the Applicant’s English language test results were not authentic, and notified the Applicant that he could be rejected under section 40(1)(a) of the Immigration and Refugee Protection Act, SC 2001, c 27 (“IRPA”) for misrepresentation. The Applicant then provided evidence to establish that his alleged misrepresentation was honestly and reasonably made (an exception to section 40(1)(a)) but the Manager rejected his application. (See Decision)

    Sep 20, 2018 10:10 AM

  • Hokhold v. Canada - 2018 FCA 163

    This is an appeal from a decision of Paris J. (the Judge) of the Tax Court of Canada. The Judge dismissed the Appellant’s appeal from a Notice of Loss Determination for the 2008 taxation year. He determined that the Appellant was not entitled to a deduction of $126,214.19 for bad debts pursuant to paragraph 20(1)(p) of the Income Tax Act, R.S.C., 1985, c. 1 (5th Supp.). (See Decision)

    Sep 19, 2018 10:10 AM

  • Parmar v. Canada (Attorney General) - 2018 FC 912

    The Applicant, Canpar Developments Inc., [Canpar] seeks judicial review of a decision of the Minister of National Revenue, dated November 8, 2017, refusing to exercise the discretion pursuant to subsection 220(3.1) of the Income Tax Act, RSC 1985, c 1 (5th Supp) [Income Tax Act] to cancel or waive the gross negligence penalty previously assessed against Canpar. The Minister’s Decision was made by the Minister’s Delegate, a Canada Revenue Agency [CRA] officer. (See Decision)

    Sep 19, 2018 10:10 AM

  • Euverman v. Canada (Attorney General) - 2018 FCA 164

    The Appeal Division of the Social Security Tribunal refused the appellant leave to appeal from the General Division’s denial of disability benefits: see 2017 SSTADIS 98 and 2016 SSTGDIS 50. (See Decision)

    Sep 19, 2018 10:10 AM

  • The Bank of Montreal v. The Queen - 2018 TCC 187

    This appeal involves the application of the general anti-avoidance rule (the “GARR”) to a complex series of cross-border financing transactions entered into by the Bank of Montreal between 2005 and 2010 that avoided the application of the dividend stop-loss rules in subsection 112(3.1) of the Income Tax Act (the “Act”). The Bank of Montreal takes the position that it did not receive a tax benefit from the transactions and, even if it did, the receipt of that benefit was not an abuse of subsection 112(3.1). (See Decision)

    Sep 19, 2018 10:10 AM

  • On Writing, or “Beer + Edits”

    Some of us write because publishing is a requirement for career advancement as legal information professionals. Some of us write because we want to document an event in law librarianship, report on a conference or workshop attended. Some of us write to share information on a legal research topic that fascinates us. Some of us write to fill a gap in the literature. Some of us are neophyte writers and some of us have been at it for quite some time. I fit the latter description, so I thought I’d... (See full article)

    Sep 19, 2018 6:07 AM

  • Bartlett v. Canada (Attorney General) - 2018 FCA 165

    Ms. Linda Bartlett (the Applicant) applies before our Court for a judicial review of a decision of the Social Security Tribunal Appeal Division (Appeal Division) dated June 19, 2017 (AD-16-252). The Appeal Division granted the Minister of Employment and Social Development’s appeal, and reversed the General Division decision. In rendering its decision, the Appeal Division at paragraphs 29 to 35 of its decision found facts that led to the conclusion that section 49 of the Canada Pension Plan, R.S.C., 1985, c. C-8 (the CPP) – and not section 44 of the CCP - applies for the purpose of calculating the Applicant’s retirement pension contributory period. The Appeal Division thus confirmed that the Applicant’s contributory period was 79 months rather than 75 months. (See Decision)

    Sep 18, 2018 10:10 AM

  • Kwan v. The Queen - 2018 TCC 184

    The Appellant appeals from a reassessment of the Minister of National Revenue (the “Minister”) disallowing him $5,086 for child care expenses in his 2016 taxation year. (See Decision)

    Sep 18, 2018 10:09 AM

  • Here Be Unchartered Waters

    This week has been an unprecedented one in Canadian history, and one that will invariably result in development of novel Charter jurisprudence. (See full article)

    Sep 18, 2018 8:06 AM

  • More Devices Gone Wild

    A continuing series of interesting ways that things can go wrong with information technology. Previous installments are here and here. (See full article)

    Sep 18, 2018 8:06 AM

  • Anglin v Chief Electoral Officer - 2018 ABCA 296

    Mr. Anglin appeals a decision of the Court of Queen’s Bench dismissing his judicial review of a decision of the Chief Electoral Office. The Chief Electoral Officer imposed a $250 administrative penalty on Mr. Anglin for breaching the Election Act, RSA 2000, c E-1. (See Decision)

    Sep 17, 2018 10:12 PM

  • R v Surovy - 2018 ABPC 212

    The Accused applies for a stay of proceedings on several, serious traffic-related Criminal Code of Canada, (“Criminal Code”), charges he faces. He allegedly drove a motor vehicle dangerously while impaired. Two people suffered bodily harm. He argues that his section 11(b) of the Canadian Charter of Rights and Freedoms, (“Charter”), right to be tried within a reasonable time has been violated. He seeks the application of the principles set out in R v Jordan, 2016 SCC 27 (CanLII), (“Jordan”), and says that a judicial stay of proceedings is the appropriate remedy. (See Decision)

    Sep 17, 2018 10:12 PM

  • R. v. Plein - 2018 ONCA 748

    After his father died in 2006, the appellant, Kevin Plein, became the caregiver for his mother, Erika Plein, and his sister, Cindy Plein. Both women were blind and cognitively impaired. He lived alone with them and cared for them for several years. (See Decision)

    Sep 17, 2018 10:11 PM

  • Krause v Krause - 2018 ABCA 293

    Ms. Krause and Mr. Krause were married on April 18, 2015. There is one child of the marriage, Aiden, born March 24, 2014. The couple lived together as a family in Olds, Alberta until their separation on October 24, 2017, when Ms. Krause left with Aiden for an undisclosed location. On October 30, 2017, Ms. Krause filed an application for a parenting order with the Provincial Court of Alberta. Mr. Krause was never served with the application but became aware of it when, on the advice of his lawyer, he conducted a search at the courthouse. On November 22, 2017, Mr. Krause filed a response, seeking a minimum of 50% parenting time, and making allegations regarding Ms. Krause’s fitness to parent. (See Decision)

    Sep 17, 2018 10:11 PM

  • Azzarello v. Shawqi - 2018 ONSC 5414

    The Plaintiffs, Mark Azzarello and Eliza Azzarello, entered into an Agreement of Purchase and Sale (the “Agreement”) with the Defendant, Ahmed Sabri Shawqi, for their home at 3111 Seabright Drive, Mississauga, Ontario (the “Property”). The Plaintiffs bring this motion for summary judgment against the Defendant, for breach of contract and repudiation of the Agreement. (See Decision)

    Sep 17, 2018 10:11 PM

  • Colozza v. Di Pietro - 2018 ONSC 5406

    This application involves a dispute over personal property worth between $8,000 and $10,000. Distilled to its essential elements, the real dispute between the parties is whether the property in question – two software keys required to operate a computer program – is in good working order. Neither party knows the answer to this question. (See Decision)

    Sep 17, 2018 10:11 PM