Canadian Caselaw

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Jurisdiction

Latest documents

• Bigeagle v. Canada, 2023 FCA 128

  [1] The appellant, Diane BigEagle, appeals a decision of the Federal Court (2021 FC 504), refusing to certify her action as a class proceeding and striking her second amended statement of claim without leave to amend (hereinafter statement of claim).

• Iris Technologies Inc. v. Canada, 2023 FCA 127

  [1] This is an appeal from the Tax Court of Canada’s decision rendered orally on March 29, 2022: File No. 2021-226 (GST) G. The Tax Court dismissed Iris Technologies Inc.’s (Iris) motion for judgment under Rule 170.1 of the Tax Court of Canada Rules (General Procedure), SOR/90-688a (Rule 170.1).

• Eli Lilly Canada Inc. v. Apotex Inc., 2023 FCA 125

  [1] This decision concerns four appeals of four judgments stemming from a single set of reasons by Justice St-Louis of the Federal Court (the Judge) rendered on September 10, 2020 (2020 FC 816) (the Federal Court Decision) in the context of an action by the appellants, Eli Lilly Canada Inc., Eli Lilly and Company, Lilly Del Caribe, Inc., Lilly, S.A. and ICOS Corporation (the appellants or Lilly) for infringement of Canadian Patent No. 2,371,684 (the 684 Patent). Each of the respondents, Pharmascience Inc., Laboratoire Riva Inc., Mylan Pharmaceuticals ULC, Teva Canada Limited and Apotex Inc. (the respondents) denied infringement and counterclaimed for a declaration of invalidity of the 684 Patent.

• Mud Engineering Inc. v. Secure Energy (Drilling Services) Inc., 2023 FC 770

  [1] This assessment of costs is in relation to several motions for which the Court awarded costs to Secure Energy (Drilling Services) Inc. and Secure Energy Services [hereafter collectively referred to as Secure].

• Heiltsuk Horizon Maritime Services Ltd. v. Atlantic Towing Limited, 2023 FCA 123

  [1] There are three motions before the Court. The first is a motion by Heiltsuk Horizon Maritime Services Ltd. and Horizon Maritime Services Ltd. (Heiltsuk) under Rule 397(1)(b) of the Federal Courts Rules, S.O.R./98-106, seeking reconsideration of the Court’s judgment issued on May 2, 2023. In that judgment, the Court granted Heiltsuk’s application to set aside the decision of the Canadian International Trade Tribunal (the Tribunal), and declared the complaint filed by Heiltsuk before the Tribunal to be valid.

• Rana v. Teamsters Local Union No. 938, 2023 FCA 124

  [1] Tariq Rana appeals a decision of the Federal Court (per Justice James W. O’Reilly) that dismissed his motion to review an assessment of costs (hereinafter the Assessment, 2022 FCA 31, per Assessment Officer Garnet Morgan). For the reasons set out below, I would dismiss the appeal.

• Robb v. The King, 2023 TCC 81

  [1] The appellant purchased a new townhouse at 49 Dryden Way in Etobicoke, Ontario, and applied for the Ontario portion of the GST/HST New Housing Rebate with respect to the property.

• Geng v. Canada (Citizenship and Immigration), 2023 FC 773

  [1] Is a university professor who may have taught English to prospective spies thereby inadmissible under paragraph 34(1)(f) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 [IRPA]? That is the question raised in this application for judicial review of the decision of an Immigration Officer at the Consulate General of Canada in Hong Kong [the Officer], dated January 17, 2022, refusing the Applicant’s application for permanent residence under the Family Class.

• Lecky v. Canada (Citizenship and Immigration), 2023 FC 769

  [1] The Applicant, a 35-year-old citizen of Jamaica, seeks judicial review of a decision of a Senior Immigration Officer dated August 16, 2022 refusing his application for permanent residence from within Canada on humanitarian and compassionate [H&C] grounds under section 25(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA].

• Smith v. Canada (Attorney General), 2023 FCA 122

  [1] There are three applications for judicial review related to the limitation of the payment of the disabled contributor’s child benefits (DCCB) under subsection 74(2) of the Canada Pension Plan, R.S.C., 1985 c. C-8 (the CPP) to 11 months prior to an application being made for such benefits. The three applications, and the related decisions of the Appeal Division of the Social Security Tribunal that are the subject of these applications, are:

Featured documents

• R. v. Généreux, 8 CRR (2d) 89

  [1] Lamer, C.J.C. : This appeal involves a constitutional challenge, under ss. 7, 11(d) and 15 of the Canadian Charter of Rights and Freedoms , to the proceedings of a General Court Martial convened under the National Defence Act , R.S.C. 1985, c. N-5. The principal question raised in this case...

• R. v. Ipeelee (M.), (2012) 428 N.R. 1 (SCC)

  [1] LeBel, J. : These two appeals raise the issue of the principles governing the sentencing of Aboriginal offenders for breaches of long-term supervision orders ("LTSO"). Both appeals concern Aboriginal offenders with long criminal records. They provide an opportunity to revisit and...

• R. v. Grant (D.), (2009) 391 N.R. 1 (SCC)

  [1] McLachlin, C.J.C., and Charron, J. : Mr. Grant appeals his convictions on a series of firearms offences, relating to a gun seized by police during an encounter on a Toronto sidewalk. The gun was entered as evidence against Mr. Grant and formed the basis of his convictions. The question on this...

• Syndicat National des Employés de la Commission Scolaire Régionale de l'Outaouais (CSN) v. Union des Employés de Service, Local 298 (FTQ), 35 Admin LR 153

  [1] Beetz, J. [English version] : The interpretation and application of ss. 45 and 46 of the Labour Code , R.S.Q., c. C-27, are at issue in this case. These provisions state:...

• R. v. Morgentaler, (1988) 82 N.R. 1 (SCC)

  [1] Dickson, C.J.C. : The principal issue raised by this appeal is whether the abortion provisions of the Criminal Code infringe the "right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice&quot...

• R. v. O'Connor, [1995] 4 SCR 411

  General duty of disclosure. Offences with the need for a fair trial. Stay of proceedings. Fundamental principles. Witness...

• Hodgkinson v. Simms et al., [1994] 3 SCR 377

  [1] La Forest, J. : This is a case of material nondisclosure in which the appellant alleges breach of fiduciary duty and breach of con­tract against the respondent in the perfor­mance of a contract for investment advice and other tax-related financial services. The respondent, Mr. Simms, was a...

• New Brunswick (Board of Management) v. Dunsmuir, (2008) 329 N.B.R.(2d) 1 (SCC)

  [1] Bastarache and LeBel, JJ. : This appeal calls on the Court to consider, once again, the troubling question of the approach to be taken in judicial review of decisions of administrative tribunals. The recent history of judicial review in Canada has been marked by ebbs and flows of deference,...

• Housen v. Nikolaisen et al., (2002) 219 Sask.R. 1 (SCC)

  [1] Iacobucci and Major, JJ. : A proposi­tion that should be unnecessary to state is that a court of appeal should not interfere with a trial judge's reasons unless there is a palpable and overriding error. The same proposition is sometimes stated as prohibit­ing an appellate court from reviewing a ...

• Young v. Young et al., (1993) 160 N.R. 1 (SCC)

  [1] McLachlin, J. : This case raises the question whether a divorced parent, who does not have custody, should be able to offer his children his religious views over the objection of the custodial parent. This issue raises, in turn, the question of the place of the "best interests of the child&...