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  • Abbott v. Canada (Attorney General), 2019 FC 1302

    [1]  In 2008, the Respondents, the Government of Canada [Canada] and the Federation of Newfoundland Indians [FNI], executed an agreement [Agreement] to create a landless band under the Indian Act, RSC, c I-5 [Indian Act] for the Mi’kmaq of the island of Newfoundland who had a “current and substantial cultural connection” to certain communities. This landless band became the Qalipu Mi’kmaq...

  • Mangat v. Canada (Citizenship and Immigration), 2019 FC 1299

    [1]  Rupinder Kaur Mangat seeks judicial review of the decision of the Immigration Appeal Division (IAD) dated April 20, 2018, dismissing her sponsorship appeal. The IAD found that she had previously obtained her permanent residence status through misrepresentation. She claimed to have been single when she came to Canada, but the IAD found that she had been married.

  • Kuba v. Canada (Citizenship and Immigration), 2019 FC 1298

    [1]  Onyebuchi Benedicta Kuba (aka Nwaokolo) is a citizen of Nigeria. She arrived in Canada on September 5, 2015, after living in the United States of America for almost two years. On March 14, 2016, she was convicted of six counts of fraud in New Brunswick. She received custodial sentences of 60 days, 30 days and 16 days, but was released after three months.

  • Blair v. Canada (Attorney General), 2019 FC 1295

    [1]  The present Application concerns a decision of the Public Service Commission (Commission) dated November 20, 2018 with respect to the Applicant’s civil service conduct in applying for a new work position. The Applicant’s conduct was investigated, and in the resulting Report dated October 16, 2018, the Investigator found that the Applicant was dishonest in his conduct. The Commission...

  • Jingdong v. Zhang, 2019 FC 1293

    [1]  This is an application brought pursuant to sections 18 and 57 of the Trademarks Act, RSC 1985, c T-13 [the Act], for an order striking out Trademark Registration No TMA984,308 [the Respondent’s Mark] from the Register of Trademarks [the Register]. The statutory provisions relied upon are as before the amendments which came into effect June 17 and 18, 2019. The Respondent’s Mark is...

  • Hussain v. Canada (Citizenship and Immigration), 2019 FC 1292

    [1]  The Applicant, Shabbir Hussain (Mr. Hussain), is a 64-year-old Canadian citizen. On November 5, 1976, he married Tasneem Shabbir (Ms. Shabbir) in a religious ceremony, which is not documented. The couple have four (4) children. Mr. Hussain arrived in Canada on September 10, 1988, as a visitor. In 1988, he divorced Ms. Shabbir, in accordance with religious custom. On October 14, 1993,...

  • Dhillon v. Canada (Chief Electoral Officer), 2019 FC 1290

    [1]  On February 15, 2019, the Applicants commenced the underlying application for judicial review of the decision made by the Chief Electoral Officer [the CEO] dated January 17, 2019 to register the People’s Party of Canada, under leader Maxime Bernier, as a Registered Party under section 390 of the Canada Elections Act, SC 2000, c 9 [CEA].

  • Girouard v. Canada (Attorney General), 2019 FC 1282

    [1]  The applicant, the Honourable Justice Michel Girouard (Justice Girouard), seeks an order to invalidate a number of decisions and procedural steps that resulted in a report to the Minister of Justice Canada (the Minister) recommending that the judge be removed from office. For the reasons that follow, I dismiss the application for judicial review. 

  • Farah v. Canada (Citizenship and Immigration), 2019 FC 1280

    [1]  The present Application concerns a refugee claim made by the Applicant, a citizen of Somalia. The decision under review is that of the Refugee Appeal Division (RAD), dated October 12, 2018, on appeal from a decision from the Refugee Protection Division (RPD) rejecting the claim, dated October 6, 2017.

  • Alameddine v. Canada (Citizenship and Immigration), 2019 FC 1285

    [1]  Ms. Darine Alameddine, the Applicant, seeks judicial review of a decision (Decision) of a migration officer (Officer) of Immigration, Refugees and Citizenship Canada in London, England, denying her application for permanent residence. The Officer concluded that Ms. Alameddine and her son, Karim, were not members of the family class by virtue of paragraph 117(9)(d) of the Immigration...

  • Zarifi v. Canada (Citizenship and Immigration), 2019 FC 1207

    [1]  The Applicant, Mohemmad Arif Zarifi, is a citizen of Afghanistan who was found to be inadmissible to Canada as a result of his past employment with the Afghanistan Ministry of Defence.  On this judicial review of his Pre-Removal Risk Assessment (PRRA), the Applicant argues that the PRRA Officer [Officer] should have afforded him an oral interview and that the Officer was unreasonable...

  • Pharmascience Inc. v. Pfizer Canada ULC, 2019 FC 1272

    [1]  Since 2004, the Defendant, Pfizer, has held a patent for pregabalin, a pain medication sold under the brand name LYRICA. The plaintiff, Pharmascience, received a Notice of Compliance [NOC] in 2013 allowing it to market a generic version of pregabalin, PMS-pregabalin. Pharmascience had originally attempted to enter the pregabalin market in 2011 but was prevented from doing so when...

  • Gur v. Canada (Citizenship and Immigration), 2019 FC 1275

    [1]  Mr. Onur Gur makes an application for the judicial review of the decision of a visa officer who refused to issue a permanent resident visa in the self-employed persons class. That decision was made on January 10, 2019 and the judicial review application is made pursuant to section 72 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 [IRPA].

  • Arokkiyanathan v. Canada (Citizenship and Immigration), 2019 FC 1274

    [1]  Mr. Charles Arokkiyanathan (the “Applicant”) seeks judicial review of the decision, dated January 26, 2018, made by a Pre-Removal Risk Assessment Officer (the “Officer”) dismissing his Pre-Removal Risk Assessment (the “PRRA”) application. The Officer determined that the Applicant was not a person in need of protection as defined in subsection 97(1) of the Immigration and Refugee...

  • Lin v. Canada (Citizenship and Immigration), 2019 FC 1284

    [1]  Mr. Chunbo Lin (the “Applicant”) is a Chinese citizen who applied for permanent residence under the Saskatchewan Immigrant Nominee Program (“SINP”).  On October 18, 2018, a Canadian visa officer (the “Officer”) at Immigration, Refugee and Citizenship Canada’s (“IRCC”) Hong Kong office rejected the Applicant’s application.  The Officer rejected the application for material...

  • Csiklya v. Canada (Citizenship and Immigration), 2019 FC 1276

    [1]  This is an application under subsection 72(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 (“IRPA”) for judicial review of the decision of a Pre-Removal Risk Assessment Officer (the “Officer”) dated October 17, 2018, which refused the Applicants’ Pre-Removal Risk Assessment (“PRRA”) application.  The Applicants fear for their lives in Hungary on the basis of their Roma...

  • Aldarwish v. Canada (Citizenship and Immigration), 2019 FC 1265

    [1]  The Applicant, Abd Al-Munaf Yousuf Aldarwish [the Applicant], and her minor daughter, Ruaa Ali Hilo Al-Soudani, together with the Applicant [the Applicants] are applying for judicial review pursuant to section 72 of the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA]. This application concerns a decision of the Refugee Appeal Division [RAD] of the Immigration and Refugee...

  • Davidson v. Canada (Attorney General), 2019 FC 1278

    [1]  In June 2016, the applicant filed a complaint with the Canadian Human Rights Commission alleging that his employer, Immigration, Refugees and Citizenship Canada [IRCC], had discriminated against him on the basis of race, national or ethnic origin, and colour.  The applicant self-identifies as Black and as African-Canadian.  Broadly speaking, the applicant alleged that between February 2

  • Del Carmen Aguirre Perez v. Canada (Citizenship and Immigration), 2019 FC 1269

    [1]  This is an application under subsection 72(1) of the Immigration and Refugee Protection Act, SC 2001 c 27 (“IRPA”) for judicial review of a decision (the “Decision”) made by the Refugee Protection Division (“RPD”).  On September 5, 2018, the RPD determined that the Applicant is neither a Convention refugee nor a person in need of protection, respectively pursuant to sections 96 and 97(1

  • Gupta v. Canada (Citizenship and Immigration), 2019 FC 1270

    [1]  Mr. Gupta claims that the refusal of his application for a temporary resident visa [TRV] was unfair and unreasonable. He asserts that he was not given a fair chance to respond to a concern about a misrepresentation that was raised in a fairness letter, and that this resulted in improper adverse credibility findings. He also argues that the refusal was unreasonable given his family ties

  • Diakité v. Canada (Public Safety and Emergency Preparedness), 2019 FC 1268

    [1]  This is a Motion in writing pursuant to Rule 369(1) of the Federal Courts Rules [the Rules], by the Plaintiff, Nitai Chand Goswami who is self-represented. In his Motion under Rule 51(1), the Plaintiff appeals the July 23, 2019 Order of Prothonotary Aalto [the Order], striking out the Plaintiff’s Statement of Claim as against all of the Defendants without leave to amend. The Plaintiff...

  • HAMID AHMAT HOURRA v THE MINISTER OF CITIZENSHIP AND IMMIGRATION, 2019 FC 1266

    [1]  The applicant, Hamid Ahmat Hourra, a 23-year-old citizen of Chad, is seeking judicial review of a decision rendered on February 1, 2019, by the Refugee Appeal Division (RAD) of the Immigration and Refugee Board. In its decision, the RAD confirmed the decision of the Refugee Protection Division (RPD) that the applicant is neither a Convention refugee under section 96 nor a person in...

  • McLennan v. Canada (Attorney General), 2019 FC 1267

    [1]  The Applicant, Mr. Andrew McLennan, seeks judicial review of the May 30, 2018 decision of Parole Board of Canada Appeal Division (“Appeal Division”) to uphold the February 6, 2018 decision of the Parole Board of Canada (“Board or PBC”) for the Applicant’s continued detention, pursuant to s 147(4)(a) of the Corrections and Conditional Release Act, SC 1992, c 20 [CCRA].

  • Thorne v. Canada, 2017 FC 1116

    [1]  When the Minister of Indigenous and Northern Affairs Canada [respectively Minister and INAC] retained jurisdiction of Eugene Thorne’s testamentary matters and approved his will, the Minister did so despite allegations of duress, undue influence, lack of capacity, and hardship. Eugene Thorne’s son, William Thorne, appealed the Minister’s decision to the Federal Court pursuant to section

  • Patashuri v. Canada (Citizenship and Immigration), 2019 FC 1261

    [1]  Mr. Edisher Patashuri (the “Applicant”) seeks judicial review of the decision of the Immigration and Refugee Board, Refugee Appeal Division (the “RAD”), confirming the decision of the Refugee Protection Division (the “RPD”) that he is neither a Convention refugee nor a person in need of protection within the meaning of section 96 and subsection 97(1), respectively, of the Immigration...

  • Digaf v. Canada (Citizenship and Immigration), 2019 FC 1255

    [1]  The Applicants, Feven Eskinder Digaf and her son, Aloniab Robel Berhane, seek judicial review of a decision of the Refugee Appeal Division (RAD) of the Immigration and Refugee Board of Canada. The RAD dismissed the Applicants’ appeal of a decision of the Refugee Protection Division (RPD) and confirmed the RPD’s decision that they were neither Convention refugees nor persons in need of...

  • Watto v. Immigration Consultants of Canada Regulatory Council, 2019 FC 1259

    [1]  In a Judgment and Reasons dated July 30, 2019, the Court dismissed the applicant’s application for judicial review concerning a preliminary ruling in a discipline proceeding brought against him by the respondent Immigration Consultants of Canada Regulatory Council [ICCRC] (Watto v Immigration Consultants of Canada Regulatory Council, 2019 FC 1024 [Watto]).  In a Supplementary Judgment...

  • Gursimran v. Canada (Citizenship and Immigration), 2019 FC 1260

    [1]  The Applicant seeks judicial review of a March 28, 2019 exclusion order issued against her for not complying with the terms of her study permit. She entered Canada in August 2016 to attend the business program at Simon Fraser University (“SFU”). She was unsuccessful at SFU and enrolled in programs at two other institutions where she was also unsuccessful. Her attendance at these...

  • Gill v. Canada (Citizenship and Immigration), 2019 FC 1249

    [1]  Mr. Gill seeks to set aside the October 23, 2018 decision of an immigration officer [the Officer] denying his application to apply for permanent residence from within Canada on humanitarian and compassionate grounds.  For the reasons that follow, I can find no basis to set aside the Officer’s decision; based on the evidence, it is reasonable.

  • Mason v. Canada (Citizenship and Immigration), 2019 FC 1251

    [1]  This case is about the interpretation of the inadmissibility provisions of the Immigration and Refugee Protection Act, SC 2001, c 27 [the Act]. The Minister alleges that Mr. Mason, a foreign national, is inadmissible pursuant to section 34(1)(e) of the Act, for “engaging in acts of violence that would or might endanger the lives or safety of persons in Canada.” Mr. Mason, however,...

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