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11183 results for Canadian Caselaw › Federal Court of Appeal (Canada)

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  • Canada v. BCS Group Business Services Inc., 2020 FCA 205

    [1]  This is an appeal of Her Majesty the Queen from a decision of the Tax Court of Canada (TCC) (2018 TCC 120, per Campbell Miller J.) granting BCS Group Business Services Inc. (BCS) leave to be represented by Denis Gagnon, its sole shareholder, director and officer, in this proceeding instituted by BCS under the Tax Court of Canada Rules (General Procedure), SOR/90-688a) (GP Rules).

  • Sher-E Punjab Radio Broadcasting Inc. v. Canada, 2020 FCA 206

    [1]  This appeal arises as a result of the Order of the Tax Court of Canada (Tax Court Docket: 2015-447(IT)G) dismissing the appeal of Sher-E Punjab Radio Broadcasting Inc. (Sher-E-Punjab Radio) for delay pursuant to Rule 64 of the Tax Court of Canada Rules (General Procedure) SOR/90-688a. The Order was issued as a result of a Motion brought by the Crown.

  • AE Hospitality Ltd. v. Canada (National Revenue), 2020 FCA 207

    [1]  In decisions dated June 20, 2016, the Minister of National Revenue confirmed assessments issued to AE Hospitality Ltd. (AE) for failure to deduct and remit premiums under the Employment Insurance Act, S.C. 1996, c. 23 (EIA) and the Canada Pension Plan, R.S.C. 1985, c. C-8 (CPP) in relation to 218 workers providing services as servers, bartenders, chefs and supervisors (the workers). At

  • SAT PAL SHARMA v. CRA (CANADIAN REVENUE AGENCY), 2020 FCA 203

    [1]  Mr. Sharma appeals from a decision of the Federal Court, dated November 1, 2018, dismissing his motion to reconsider an Order dated August 28, 2018. In that Order, Justice Bell denied his request for an extension of time to apply for judicial review of a decision by the CRA.

  • Subramaniam v. Canada (Citizenship and Immigration), 2020 FCA 202

    [1]  This is an appeal from a decision of Justice Heneghan of the Federal Court dated June 13, 2019, which dismissed an application for judicial review of a decision made by an officer of the Immigration, Refugees and Citizenship Canada (IRCC) Backlog Reduction Office. The officer in question refused to process the application of Mr. Rajesvaran Subramaniam (the appellant) for permanent...

  • Keybrand Foods Inc. v. Canada, 2020 FCA 201

    [1]  This is an appeal from a decision of the Tax Court (2019 TCC 161) which dismissed the appeal of Keybrand Foods Inc. (Keybrand) from the reassessment denying its claim for an allowable business investment loss (ABIL) and its claim for a deduction for a certain interest expense in its taxation year ending April 24, 2011. Keybrand had also been reassessed to deny a claim for a capital...

  • Court v. Canada (Attorney General), 2020 FCA 199

    [1]  The applicant seeks judicial review of a decision of the Appeal Division of the Social Security Tribunal (the Appeal Division) rendered on January 31, 2019 (AD-18-202).

  • Canadian Association of Refugee Lawyers v. Canada (Immigration, Refugee and Citizenship), 2020 FCA 196

    [1]  The Canadian Association of Refugee Lawyers (CARL or the appellant) appeals, and the Minister of Citizenship and Immigration (the respondent) cross-appeals, from a decision of the Federal Court (per Chief Justice Crampton) dated September 4, 2019 (2019 FC 1126) (Reasons), which granted in part, two applications for judicial review challenging the designation of four Jurisprudential...

  • YELLOW POINT LODGE LTD. v. HER MAJESTY THE QUEEN, 2020 FCA 195

    [1]  This is an appeal brought by Yellow Point Lodge Ltd. (Yellow Point or the appellant) from a decision of the Tax Court of Canada (2019 TCC 178) wherein Visser J. (the Tax Court judge) confirmed the assessment issued by the Minister of National Revenue (the Minister) with respect to its 2014 taxation year. By this assessment, the Minister denied the ecological gift deduction of $1,553,374

  • Hospira Healthcare Corporation v. The Kenny Trust for Rheumatology Research AND BETWEEN Hospira Healthcare Corporation, et al. v. The Kennedy Trust for Rheumatology Research, et al., 2020 FCA 191

    [1]  The appellants, collectively termed Pfizer, appeal from two orders of the Federal Court, 2019 FC 1252 and 2019 FC 1253 (per Phelan, J.), which were made in a bifurcated patent infringement and validity action. In the first order, the Federal Court judge dismissed an appeal from an order of a prothonotary, disallowing a proposed amendment to Pfizer’s Statement of Issues in the damages...

  • Rana v. Teamsters, Local Union No. 938, 2020 FCA 190

    [1]  The applicant, Mr. Rana, seeks judicial review of a decision of the Canada Industrial Relations Board (2019 CIRB LD 4231). In its decision, the Board refused reconsideration of the Board’s decision (2019 CIRB LD 4112) dismissing a complaint by Mr. Rana that the respondent union breached its duty of fair representation under section 37 of the Canada Labour Code, R.S.C. 1985, c. L-2.

  • Amgen Inc. v. Pfizer Canada ULC, 2020 FCA 188

    [1]  Before this Court is an appeal from a judgment dated April 16, 2020 of the Federal Court (per Southcott J.): 2020 FC 522. The Federal Court found claims 43-47 of the appellants’ Canadian Patent No. 1,341,537 to be obvious and, thus, invalid. The appellants submit that the Federal Court committed reviewable error in applying the test for obviousness.

  • Hébert v. Wenham, 2020 FCA 186

    [1]  The Federal Court approved a settlement of a class proceeding: 2020 FC 588. In its view, the settlement is “fair, reasonable and in the best interests of the class as a whole” (at para. 96). The Federal Court also awarded costs.

  • Jewett v. Canada (Attorney General), 2020 FCA 187

    [1]  The appellant appeals from the judgment of the Federal Court (per Heneghan J.): 2019 FC 200. The Federal Court dismissed his application for judicial review of the decision of the Appeals Branch of the Canada Revenue Agency. The Appeals Branch refused in part his request for the waiver of interest under subsection 220(3.1) of the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.).

  • Canada v. Gottfriedson, 2020 FCA 179

    [1]  This is an appeal from the decision of the Federal Court made in the course of case management of a complex class action involving individuals who attended Indian residential schools as day students. The Federal Court’s decision is reported as Chief Shane Gottfriedson et al. v. Her Majesty the Queen, 2020 FC 399 (the Decision).

  • Canada (Citizenship and Immigration) v. The Canadian Council for Refugees, 2020 FCA 181

    [1]  Before the Court is an appeal and cross-appeal from a judgment of the Federal Court (per McDonald J.): 2020 FC 770. The Ministers now move for an order staying or suspending the Federal Court’s judgment until this Court determines the appeal and cross-appeal.

  • Jack v. McLean, 2020 FCA 180

    [1]  The individual respondents, who were the representative plaintiffs in a class action before the Federal Court involving Indian Day School survivors, have brought a motion seeking an order permitting them to file additional evidence in this appeal and an order extending the time for filing their memorandum of fact and law.

  • Guerrier v. Canada (Attorney General), 2020 FCA 178

    [1]  Carla Guerrier (Ms. Guerrier or the applicant) seeks to set aside a decision of the Social Security Tribunal – Appeal Division (Appeal Division) (2018 SST 560) rendered on May 23, 2018, which dismissed her appeal from a decision of the Social Security Tribunal – General Division (General Division) (GE-16-4794) denying her application for unemployment benefits under the Employment...

  • Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research, 2020 FCA 177

    [1]  These reasons address two appeals from orders of the Federal Court (2019 FC 843 and 2019 FC 1254, per Phelan J.) dismissing the appellants’ appeals from orders of Prothonotary Milczynski. The Prothonotary dismissed the appellants’ motion to compel the respondents to answer questions or produce documents on discovery. Although not consolidated, the appeals were argued before us as a...

  • Yeager v. Canada (Attorney General), 2020 FCA 176

    [1]  Dr. Matthew Yeager appeals from a judgment of the Federal Court (2019 FC 774, Gleeson J.) dismissing, on redetermination, his application for judicial review. The decision he challenged was that of Correctional Services Canada, through Miguel Costa, a senior officer of CSC, denying Dr. Yeager access to the John Howard Society pre-release fairs held at a number of federal correctional...

  • International Air Transport Association et al. v. Canada (Attorney General), 2020 FCA 172

    [1]  The Attorney General of Canada seeks an order striking portions of two affidavits filed by the appellants in support of their challenge to the validity of the Air Passenger Protection Regulations, SOR/2019-150. Amongst other things, the appellants submit that certain portions of the Regulations should be set aside on the basis that they are incompatible with the Convention for the...

  • Shoan v. Canada (Attorney General), 2020 FCA 174

    [1]  The appellant appeals from the judgment dated May 7, 2018 of the Federal Court (per Russell J.): 2018 FC 476. The Federal Court dismissed the appellant’s application for judicial review of Order in Council PC 2017-0456. In that Order in Council, the Governor in Council terminated for cause the appellant’s good behaviour appointment as a CRTC Commissioner. The Federal Court rejected...

  • Williams (IT Essentials) v. Cisco Systems, Inc., 2020 FCA 173

    [1]  This is an assessment of costs pursuant to a Judgment of the Federal Court of Appeal dated November 25, 2019, wherein the Appellant’s appeal of an Order of the Federal Court dated January 28, 2019 in file T-1304-17 was “dismissed with costs, including the costs of preparation of the appeal book.”

  • Canada (Attorney General) v. Impex Solutions Inc., 2020 FCA 171

    [1]  Before the Court is an appeal brought under s. 68 of the Customs Act, R.S.C. 1985, c.1 (2nd Supp.) (Act) from a decision of the Canadian International Trade Tribunal (Tribunal), dated May 27, 2019, regarding the tariff classification of disposable shoe covers (model No. KBCP525) imported by the respondent (Appeal No. AP-2017-065).

  • Rybakov v. Canada, 2020 FCA 169

    [1]  Before the Court are appeals from interlocutory orders of the Tax Court (per Monaghan J.) that denied the appellants’ motions for default judgment brought pursuant to section 63 of the Tax Court of Canada Rules (General Procedure), S.O.R./90-688a (GP Rules). The appeals concern the applicable timeline for the Crown to file replies in these matters.

  • Van der Steen v. Canada, 2020 FCA 168

    [1]  Mr. van der Steen appeals to this Court from a Judgment of the Tax Court (2019 TCC 23) which denied his claim for a charitable donation tax credit in relation to a payment that he made to the Canadian Literacy Enhancement Society (CLES) in 2004. The Tax Court concluded that Mr. van der Steen did not establish that he had the necessary donative intent in relation to this payment.

  • Canada v. 2078970 Ontario Inc., 2020 FCA 162

    [1]  These appeals arise as a result of the response provided by the Tax Court of Canada to a question submitted under Rule 58 of the Tax Court of Canada Rules (General Procedure), SOR/90-688a (the General Procedure Rules). The question was:

  • Canada v. Kattenburg, 2020 FCA 164

    [1]  An appeal has been brought from a judicial review in the Federal Court: 2019 FC 1003 (per Mactavish J. as she then was). The appeal is pending in this Court.

  • Kileel Developments Ltd. v. Canada (Attorney General), 2020 FCA 163

    [1]  This is an application for judicial review of an April 4, 2019 decision of the Canadian International Trade Tribunal (the Tribunal), with reasons issued on April 24, 2019, and cited as Kileel Developments Ltd., 2019 CanLII 110909 (CA CITT), [2019] C.I.T.T. No. 40 (QL) [Reasons of the Tribunal], in which it dismissed a complaint brought by the applicant, Kileel Developments Ltd. (Kileel)

  • Beddows v. Canada (Attorney General), 2020 FCA 166

    [1]  This appeal is from a judgment of Justice Boswell of the Federal Court (the Application Judge) (Beddows v. Canada (Attorney General), 2019 FC 671, 305 A.C.W.S. (3d) 759 (Beddows 2019)) dismissing an application for judicial review from a decision of the Chief of the Defence Staff (CDS), dated July 3, 2018. In that decision, the CDS denied a grievance submitted by the appellant under...

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