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36989 results for Canadian Caselaw › Federal Court

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  • Phuntsok v. Canada (Citizenship and Immigration), 2020 FC 1110

    [1]  The Applicant, Tsering Phuntsok, is an ethnic Tibetan who was born in India in 1976. Under the law of India, he is a citizen of India by virtue of being born there. However, the Applicant claims refugee status in Canada because he says Indian authorities will not recognize his citizenship, therefore placing him at risk of being sent to China where he will face persecution as a Buddhist,

  • Gardaworld Cash Services Canada Corporation v. Smith, 2020 FC 1108

    [1]  GardaWorld Cash Services Canada Corporation [Garda] terminated Mr. Smith, one of its employees who headed its branch in Red Deer, Alberta. Mr. Smith initiated a complaint for unjust dismissal under the Canada Labour Code, RSC 1985, c L-2 [the Code]. After protracted proceedings, which included the issuance and retraction of a first decision, the adjudicator found that Mr. Smith’s...

  • McCarthy v. Canada (Attorney General), 2020 FC 1100

    [1]  This application for judicial review sought to quash a Notice of Pre-Disciplinary Hearing [Notice] issued by the President of the Canada Border Services Agency (CBSA), in which the President accepted findings of an investigation into allegations of wrongdoing in the workplace. The investigation was triggered by disclosures made under the Public Servants Disclosure Protection Act, SC 200

  • Roy v. Calgary Airport Authority, 2020 FC 1105
  • Williams (IT Essentials) v. Cisco Systems, Inc., 2020 FC 1097

    [1]  This is an assessment of costs further to the Defendant filing a Notice of Discontinuance on May 12, 2020, discontinuing the counterclaim against the Plaintiff.

  • Bergeron v. Canada (Attorney General), 2020 FC 1090

    [1]  This is an application for judicial review pursuant to section 18.1 of the Federal Courts Act, RSC 1985, c F-7 of a decision of the Canadian Human Rights Commission [CHRC] dated January 30, 2019, in which the Applicant’s complaint alleging retaliation contrary to s. 14.1 of the Canadian Human Rights Act, RSC 1985, c H-6 [CHRA], was dismissed pursuant to section 41(1)(d) of the CHRA.

  • Pazmandi v. Canada (Citizenship and Immigration), 2020 FC 1094

    [1]  Aniko Pazmandi asks the Court to quash the decision of the Refugee Appeal Division (RAD) dismissing her claim for refugee protection. Ms. Pazmandi’s claim was based on a fear of persecution based on her Roma ethnicity, and fears of harm at the hands of her father, who raped her when she was a teenager. The RAD concluded that Ms. Pazmandi had not adequately proven her Roma ethnicity,...

  • Donaldson v. Swoop Inc., 2020 FC 1089

    [1]  The Plaintiff, Ms. Janet Donaldson, seeks certification and appointment as the representative Plaintiff, in a proposed class action against the Defendants, WestJet Airlines Ltd. [WestJet], Swoop Inc., Sunwing Airlines Inc., Air Canada and Air Transat A.T. Inc. [collectively “the Defendants”], for a refund of the original forms of payment for airfare contracts allegedly frustrated by...

  • Osazuwa v. Canada (Citizenship and Immigration), 2020 FC 1091

    [1]  The Applicants, a mother [the principal applicant] and her son and twin daughters, are citizens of Nigeria. They seek judicial review, under subsection 72(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA], of a decision from the Refugee Appeal Division [RAD] dated October 15, 2019, which dismissed their appeal and confirmed the decision of the Refugee Protection...

  • Bank of Montreal v. Canada (Attorney General), 2020 FC 1014

    [1]  This application centres on the method of computation of input tax credits (ITCs) to be used by the Bank of Montreal (the Bank or BMO) in the calculation of its net Goods and Services Tax (GST)/Harmonized Sales Tax (HST) owing for its November 1, 2017 - October 31, 2018 fiscal year (FY 2018). The Bank applied to the Minister of National Revenue (Minister) to use a particular allocation

  • Canada (Attorney General) v. Angell, 2020 FC 1093

    [1]  The Attorney General of Canada (“AGC”) seeks judicial review of a decision of the Appeal Division of the Social Security Tribunal (“SST”) dated November 22, 2018. The Appeal Division granted the respondent, Ms Angell, leave to appeal from a decision of the SST General Division dated March 26, 2018.

  • Linklater v. Thunderchild First Nation Government, 2020 FC 1065

    [1]  Mr. Linklater was elected Headman (or councillor) of the Thunderchild First Nation [Thunderchild] in October 2018. In July 2020, however, the Thunderchild Appeal Tribunal removed him from council, as he had failed to establish his residence on Thunderchild lands after his election, as required by Thunderchild’s election laws. In reaching this decision, the Appeal Tribunal dismissed Mr.

  • Muckle v. Canada (Attorney General), 2020 FC 1088

    [1]  This is a motion under subsection 18.1(2) of the Federal Courts Act for an extension of time and leave to file an application for judicial review.

  • Kita v. Canada (Citizenship and Immigration), 2020 FC 1084

    [1]  The applicant, Ms. Kita, is a citizen of Albania who applied for a temporary study permit to attend Seneca College in Ontario.  At the same time, her husband, Mr. Rrezhda, applied for a temporary work permit.  A visa officer of the Canadian embassy in Rome, Italy (Officer) refused Ms. Kita’s application on the basis that the Officer was not satisfied Ms. Kita would leave Canada at the...

  • Obison v. Canada (Citizenship and Immigration), 2020 FC 1083

    [1]  Mr. Obison [Applicant] applied for a study permit to attend Cambrian College of Applied Arts and Technology in the IT Business Analysis Graduate Certificate program in 2018 and again in 2019. On September 11, 2019, an officer of the High Commission of Canada, visa section [Officer], denied his application [Decision].

  • Manzoor-Ul-Haq v. Canada (Citizenship and Immigration), 2020 FC 1077

    [1]  This is an application for judicial review of a decision by the Refugee Appeal Division [RAD] of the Immigration and Refugee Board of Canada [IRB], dated September 18, 2019 [RAD Decision]. In that decision, the RAD confirmed a decision of the Refugee Protection Division [RPD] that the Applicant is not a Convention refugee pursuant to s 96 of the Immigration and Refugee Protection Act,...

  • Sadeghi v. Canada (Citizenship and Immigration), 2020 FC 1079

    [1]  The Applicant, Mr. Kamran Sadeghi, seeks judicial review of the decision of a Senior Immigration Officer [Officer] dated July 3, 2019, rejecting his Pre-Removal Risk Assessment [PRRA] application. The Officer found that there was insufficient corroborating evidence to establish that there is a risk of persecution, torture, cruel or unusual punishment or risk to life, if the Applicant...

  • Sivalingam v. Canada (Public Safety and Emergency Preparedness), 2020 FC 1078

    [1]  This is an application for judicial review of a decision of a Canadian Border Services Agency [CBSA] Enforcement Officer [the Officer], dated July 25, 2019 [the Decision], refusing to defer removal of the Applicant, Mr. Mahinthan Sivalingam, from Canada. The Applicant’s removal was scheduled for August 2, 2019. On August 1, 2019, Justice Roussel granted the Applicant’s motion to stay...

  • Sunovion Pharmaceuticals Canada Inc. v. Pharmascience Inc., 2020 FC 1080

    [1]  This is an action under section 6(1) of the Patented Medicines (Notice of Compliance) Regulations (“PMNOC Regulations”) relating to four patents involving the medicine lurasidone. This motion seeks various relief, relating to the affidavit of documents and productions delivered by the Plaintiff, Sumitomo Dainippon Pharma Co., Ltd. (“Sumitomo”).

  • Rooke v. Williams, 2020 FC 1070

    [1]  The Applicant is Associate Chief Justice of the Court of Queen’s Bench of the Province of Alberta. The Respondent is a Christian minister of the Church of Ecumenical Redemption International [CERI]. The Applicant seeks to prohibit the Respondent from instituting further proceedings in the Federal Court, or continuing proceedings previously instituted by him, except with leave of the...

  • Kohlenberg v. Canada (Attorney General), 2020 FC 1066

    [1]  This is an application pursuant to section 18.1 of the Federal Courts Act, RSC 1985, c F-7, for judicial review of a decision of Johanne Bernard, Chief Financial Officer and Assistant Deputy Minister, Management Sector, of the Department of Justice (the Department), dated March 26, 2019. The decision denied the Applicant’s grievance for defamation, breach of privacy, breach of natural...

  • United Yacht Transport LLC v. Blue Horizon Corporation, 2020 FC 1067

    [1]  The Plaintiff, United Yacht Transport LLC, moved the yacht known as “The Knight Ship,” owned by the Defendant Blue Horizon Corporation (Blue Horizon), from Port Everglades, Florida to Nanaimo, British Columbia. It did so pursuant to a booking note signed by Mr. Tracey Knight, the director and sole shareholder of Blue Horizon, in which the Defendant Blue Horizon agreed to pay $102,800...

  • GCT Canada Limited Partnership v. Vancouver Fraser Port Authority, 2020 FC 1062

    [1]  This is the appeal of the Order of Prothonotary Furlanetto [acting as Case Management Judge – CMJ] refusing to strike the Notice of Application for Judicial Review. The grounds of the motion to strike the judicial review were mootness and prematurity. The Court finds that the CMJ did not commit a “palpable and overriding error” – the standard on appellate review. There is no basis upon

  • Corus Entertainment Inc. v. Canada (Attorney General), 2020 FC 1064

    [1]  This is an application seeking judicial review of a October 4, 2006, decision of an adjudication board [Adjudication Board or Board] convened pursuant to Part IV of the Royal Canadian Mounted Police Act, R.S.C., 1985. C. R-10, as that legislation existed in 2006 [RCMP Act].

  • Misdzi Yikh v. Canada, 2020 FC 1059

    [1]  “Canada accepts that climate change affects everyone and will affect Canadians in the future. Canada’s position is that this legal proceeding does not constitute an appropriate or functional vehicle for these issues to be addressed by this Court.” This statement was made in the context of this motion by the Defendant, Her Majesty the Queen in Right of Canada [Canada], asking the Court...

  • Cheema v. Canada (Citizenship and Immigration), 2020 FC 1055

    [1]  Azhar Nazir Cheema’s application for a Pre-Removal Risk Assessment (PRRA) was rejected because the PRRA officer found his claim that he was in danger from fundamentalists in Pakistan not to be credible or plausible. Such adverse credibility findings are entitled to considerable deference from this Court on judicial review given the PRRA officer’s mandate to make the determination, the...

  • Giraldo v. Canada (Citizenship and Immigration), 2020 FC 1052

    [1]  Mr. Hernan Dario Neira Giraldo [the Principal Applicant] and Mrs. Heidi Yelythza Gomez Martinez [collectively, the Applicants] seek judicial review of the June 27, 2017 decision of the Refugee Protection Division of the Immigration and Refugee Board of Canada [the RPD], finding that they had not rebutted the state protection presumption, and are not Convention refugees or persons in...

  • Tunian v. Canada (Attorney General), 2020 FC 1056

    [1]  This is an application for judicial review by the Applicant of a decision dated June 24, 2019, by the Parole Board of Canada [Parole Board]. The Applicant alleges that the Parole Board erred in including his unpaid restitution orders as part of his sentence for the purpose of calculating when he was eligible for a Record Suspension (formerly known as a “pardon”).

  • Monsanto v. Canada (Health), 2020 FC 1053

    [1]  The applicant is a Canadian citizen who re-entered the country on Monday, November 2, 2020 after spending a day in the United States for his job. On arrival at the border, an officer of the Canada Border Services Agency (“CBSA”) refused to exempt him from the requirement to quarantine for 14 days under an emergency order made under the Quarantine Act, SC 2005, c 20 due to the COVID-19...

  • Mud Engineering Inc. v. Secure Energy Services Inc., 2020 FC 1049

    [1]  Much has been written and decided about the jurisdiction of the Federal Court.  The jurisdiction of the Federal Court is limited to the statutory power conferred to it through the Federal Court Act [2] of 1971 and amended by the Federal Courts Act [3] .  The Federal Court does not have inherent jurisdiction akin to provincial superior courts; all of its...

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