Canadian Caselaw

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Jurisdiction

Latest documents

• 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.

• Ali v. Canada (Citizenship and Immigration), 2024 FC 607

  [1] The Court heard these two applications together and one set of reasons will be issued and filed in each Court file.

• Vetrici v. Canada (Attorney General), 2024 FC 602

  [1] The Applicant, Mr. Grigore Vetrici, applied for the Canada Emergency Response Benefit [CERB] and the Canada Recovery Benefit [CRB]. On March 28, 2022, an Officer at the Canada Revenue Agency [Officer] rejected the applications. A second review was requested, and on May 30, 2022, the applications were again refused. The Applicant seeks judicial review of the May 30, 2022 decisions.

• Société des casinos du Québec inc. v. Association des cadres de la Société des casinos du Québec, 2024 SCC 13

  [1]                             These appeals address whether the statutory exclusion of managers from the labour relations regime of the Quebec Labour Code, CQLR, c. C-27, infringes the guarantee of freedom of association under s. 2(d) of the Canadian Charter of Rights and Freedoms (“Canadian Charter” or “Charter”) and s. 3 of the Quebec Charter of human rights and freedoms, CQLR, c. C‑12 (“Quebec Charter”).

• Westjet v. Lareau, 2024 FCA 77

  [1] This is an appeal from a decision of the Canadian Transportation Agency. The Agency is not a party to the appeal. Nevertheless, after the parties to the appeal filed their memoranda of fact and law with the Court, the Agency presented to the Court its own memorandum of fact and law.

• Tazehkand v. Bank of Canada, 2024 FCA 73

  [1] On April 10, 2024, the Respondent Bank of Canada requested an assessment of costs following the order of the Court dated March 12, 2024, [Order] which states that: “[t]he motion to hold this matter in abeyance is dismissed, with costs.”

• Hutton v. Sayat, 2024 FC 601

  [1] On its face, this is an appeal of an Order of a Prothonotary dismissing the Plaintiff’s Motion for Further and Better Affidavits of Documents in an action he has filed in the Federal Court. Beneath the surface, the underlying action is an extraordinary farrago of claims in which the Plaintiff purports to be the target of surveillance by Canada’s security agencies, his work associates and friends including two former romantic partners. His efforts to pursue those claims against the named individual defendants are, in this Judge’s view, a form of harassment.

• Kuk v. Canada (Attorney General), 2024 FCA 74

  [1] Wieslaw Kuk appeals a decision of the Federal Court (2023 FC 1134, per Justice Glennys L. McVeigh) that dismissed his application for judicial review of a decision of the Appeal Division of the Social Security Tribunal (SST). The Appeal Division decision in issue refused Mr. Kuk leave to appeal a decision of the General Division of the SST that found that he was not entitled to employment insurance (EI) benefits following his dismissal from employment with University Health Network (UHN) for failure to comply with its COVID-19 vaccination policy (the Vaccination Policy).

• Democracy Watch v. Canada (Attorney General), 2024 FCA 75

  [1] The appellants appeal from the judgment of the Federal Court in Democracy Watch v. Canada (Attorney General), 2023 FC 31 (per Southcott J.). In that judgment, the Federal Court dismissed the appellants’ application challenging the process by which judges are appointed under section 96 and 101 of the Constitution Act, 1867. The appellants alleged that the appointment process is subject to political discretionary control, influence, and interference by the federal Minister of Justice and Cabinet. The appellants argued before the Federal Court that such control, influence, and interference undermines the institutional independence of the judiciary in violation of sections 7, 11(d), and 24 of the Canadian Charter of Rights and Freedoms and section 96 of the Constitution Act, 1867.

• Dye & Durham Limited v. Ingarra, 2024 FCA 76

  [1] The appellants are defendants in a proposed class action brought under section 45 of the Competition Act, R.S.C. 1985, c. C-34 (the Act). They sought an order removing plaintiffs’ counsel as counsel of record, alleging that counsel had received relevant confidential information in the course of a prior retainer of a lawyer who was, at one point, also counsel to the defendants.

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 ...