Canadian Caselaw

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Jurisdiction

Latest documents

• Sanders v. Canada (Attorney General), 2024 FC 616

  [1] Between March 15 and September 26, 2020, Ms. Tracy Sanders, the Applicant, received monthly payments in the amount of $2,000 for a total of seven periods (periods 1 to 7) under the Canada Emergency Response Benefit Act, SC 2020, c 5 s 8 [CERB Act].

• Ghodsi v. Canada (Citizenship and Immigration), 2024 FC 620

  [1] This is an application for judicial review of the decision of an officer [Officer] of Immigration, Refugees and Citizenship Canada at the Embassy of Canada in Ankara, Turkey, dated November 17, 2022, wherein the Officer concluded that the Applicant, a citizen of Iran, had failed to meet the criteria for the issuance of a work permit under the C12 Labour Market Impact Assessment [LMIA] exemption for managerial/executive intra-company transferees pursuant to subsection 205(a) of the Immigration and Refugee Protection Regulations, SOR/2002-227 [Regulations] and the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA].

• Jamshidi v. Canada (Citizenship and Immigration), 2024 FC 627

  [1] The Applicant, Sahand Jamshidi, is a 22-year-old citizen of Iran. This is the Applicant’s third study permit application based on an admission offer from Trinity Western University to pursue undergraduate studies in Sports and Leisure Management.

• Luk v. Canada (Citizenship and Immigration), 2024 FC 623

  [1] The Applicant, a self-represented citizen of Hong Kong, China, seeks judicial review of the decision made by a visa officer [Officer] on October 6, 2022, refusing to issue a study permit to the Applicant to pursue a diploma in Baking and Pastry Arts Management at Centennial College.

• Asli v. Canada (Citizenship and Immigration), 2024 FC 610

  [1] This is an application for judicial review of the decision of an officer [Officer] of Immigration, Refugees and Citizenship Canada [IRCC] dated November 18, 2022 [Decision]. The Officer concluded that the Applicant, a citizen of Iran, had failed to meet the criteria for the issuance of a work permit pursuant to the Immigration and Refugee Protection Act, SC 2001, c 27 and the Immigration and Refugee Protection Regulations, SOR/2022-227 [IRPR].

• Royston-Birbari v. Canada (Attorney General), 2024 FC 612

  [1] Ms Donna Royston-Birbari began operating a small pet-care business in 2019, just before the COVID-19 pandemic struck. During COVID, people largely stayed at home and did not need pet-care services. Her business suffered.

• Setirekli v. Canada (Public Safety and Emergency Preparedness), 2024 FC 615

  [1] The Applicant, Haci Setirekli, seeks a judicial review of an inland enforcement officer’s [Officer] decision dated May 10, 2023 refusing the Applicant’s request to defer his removal [Decision].

• Nguyen v. Canada (Citizenship and Immigration), 2024 FC 609

  [1] Thanh Duy Nguyen (the “Applicant”) seeks judicial review of a decision of an immigration officer (the “Officer”), dated November 4, 2022. In that decision, the Officer refused the Applicant’s application for permanent residence under the spousal class. The Officer determined that the Applicant entered into the marriage primarily for the purpose of acquiring status under the Immigration and Refugee Protection Act, SC 2001, c 27 (“IRPA”) and did not cohabit with his spouse.

• Singh v. Canada (Citizenship and Immigration), 2024 FC 614

  [1] This is an application for judicial review to set aside a decision [Decision] of the Refugee Appeal Division [RAD] dated January 18, 2023, which rejected the appeal of the Applicant, Jaspal Singh, citizen of India, and confirmed the decision of the Refugee Protection Division [RPD], in which decision the RPD determined that the Applicant was not a Convention refugee, pursuant to s. 96 of the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA], or person in need of protection, pursuant to s. 97 of the IRPA because an internal flight alternative [IFA] was identified in either Mumbai or Bengaluru.

• Jalali v. Canada (Citizenship and Immigration), 2024 FC 603

  [1] The Principle Applicant, Sara Jalali, (“PA”) seeks judicial review of a decision made by an Immigration Officer (the “Officer”) on February 21, 2023, refusing the PA’s study permit application.

Featured documents

• Hodgkinson v. Simms et al., (1994) 171 N.R. 245 (SCC)

  [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...

• 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. Généreux, (1992) 133 N.R. 241 (SCC)

  [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. 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...

• Housen v. Nikolaisen et al., 2002 SCC 33

  [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 ...

• British Columbia v. Canadian Forest Products Ltd., 2004 SCC 38

  [1] Binnnie, J. : In the summer of 1992, a forest fire swept through the Stone Creek area of the Interior of British Columbia about 35 kilometres south of Prince George. Approximately 1,491 hectares were burned over, including areas where the appellant Canadian Forest Products Ltd. ("Canfor&quo...

• 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,...

• Reference Re Remuneration of Judges of the Provincial Court (P.E.I.), (1997) 156 Nfld. & P.E.I.R. 1 (SCC)

  [1] Lamer, C.J.C. : The four appeals handed down today - Reference Re Re­muneration of Judges of the Provincial Court (P.E.I.) (No. 24508), Reference re Independence and Impartiality of Judges of the Provincial Court of Prince Edward Island (No. 24778), R. v. Campbell, R. v. Ekmecic and R. v....

• R. v. Proulx (J.K.D.), 2000 SCC 5

  [1] Lamer, C.J.C. : By passing the Act to amend the Criminal Code (sentencing) and other Acts in consequence thereof , S.C. 1995, c. 22 ("Bill C-41"), Parliament has sent a clear message to all Canadian judges that too many people are being sent to prison. In an attempt to remedy the...

• R. v. C.A.M., (1996) 194 N.R. 321 (SCC)

  [1] Lamer, C.J.C. : In 1992, the respondent, C.A.M., pleaded guilty to numerous counts of sexual assault, incest, assault with a weapon, in addition to other lesser offences, arising from a largely uncontested pattern of sexual, physical and emotional abuse inflicted upon his children over a number ...