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11012 results for Canadian Caselaw › Federal Court of Appeal (Canada)

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  • Sandhu Singh Hamdard Trust v. Navsun Holdings Ltd., 2019 FCA 295

    [1]  In Sadhu Singh Hamdard Trust v. Navsun Holdings Ltd., 2016 FCA 69, 483 N.R. 33, this Court allowed an appeal by Hamdard Trust from a judgment of the Federal Court (2014 FC 1139, 128 C.P.R. (4th) 168), rendered after a summary trial, dismissing its trademark and copyright claims against Navsun and a related company (together, Navsun), and dismissing Navsun’s counterclaim. The Court...

  • Church of Atheism of Central Canada v. Canada (National Revenue), 2019 FCA 296

    [1]  The appellant, the Church of Atheism of Central Canada, is a corporation incorporated under the Canada Not-for-profit Corporations Act, S.C. 2009, c. 23, for the following purpose:

  • Lortie v. Canada (Attorney General), 2019 FCA 294

    [1]  The applicant, Ms. Lorraine Lortie, seeks judicial review of a decision of the Federal Public Sector Labour Relations and Employment Board (the Board) dated January 30, 2019, dismissing the applicant’s grievance on the basis that the deputy head’s opinion that the applicant’s performance was unsatisfactory was reasonable and that her termination was for cause.

  • Coldwater Indian Band v. Canada (Attorney General), 2019 FCA 292

    [1]  Coldwater Indian Band, Squamish Nation and Tsleil-Waututh Nation have brought motions seeking the exclusion of certain evidence relied upon by the respondents.

  • Brooks v. Canada, 2019 FCA 293

    [1]  This is an appeal of an order of the Tax Court of Canada that granted a motion brought by the Crown to strike out parts of notices of appeal filed by David Brooks (2019 TCC 47).

  • Williams (It Essentials) v. Cisco Systems, Inc., 2019 FCA 291

    [1]  Paul Williams, carrying on business under the firm name and style of IT ESSENTIALS, appeals from an order of a Federal Court judge (2019 FC 116, Southcott J.). In his order, the Federal Court judge dismissed an appeal, brought by way of motion under rule 51 of the Federal Courts Rules, SOR/98-106, from an order of Prothonotary Tabib dismissing Mr. Williams’ motion for leave to amend...

  • Canada (Attorney General) v. Duval, 2019 FCA 290

    [1]  In this application for judicial review, the applicant seeks to set aside the June 21, 2018 decision of the Federal Public Sector Labour Relations and Employment Board (the FPSLREB or the Board) in Duval v. Treasury Board (Correctional Service of Canada), 2018 FPSLREB 52 (Can. F.P.S.L.R.E.B.) in which the Board found that the Correctional Service of Canada (CSC) failed to accommodate...

  • S. W. v. Canada (Attorney General), 2019 FCA 288

    [1]  This application concerns employment insurance benefits that the applicant sought after losing her employment in October, 2014.

  • Potvin v. Rooke, 2019 FCA 285

    [1]  The Court is seized with a motion brought by John D. Rooke, Glennys L. McVeigh and Mary T. Moreau (hereafter the moving parties) pursuant to section 40 of the Federal Courts Act, R.S.C. 1985, c. F-7 for an order declaring the appellant a vexatious litigant and prohibiting him from instituting further proceedings or from continuing proceedings previously instituted by him without leave...

  • Wolf v. Canada, 2019 FCA 283

    [1]  This is an appeal from the judgment rendered by the Tax Court of Canada (2018 TCC 84). The Tax Court dismissed Lawrence Wolf’s appeal from the assessment issued under the Income Tax Act, R.S.C. 1985, c. 1, (5th Supp.), (the Act) for 2012 in relation to the income that he earned in Canada. Lawrence Wolf was assessed taxes payable under the Act on the basis that he had a permanent...

  • Rona Inc. v. Canada (Border Services Agency), 2019 FCA 284

    [1]  Notwithstanding Mr. Kaylor’s strong arguments to the contrary, we have not been persuaded that there is any basis to intervene.

  • Martinez v. Canada (Communications Security Establishment), 2019 FCA 282

    [1]  The respondent moves for an order to quash this appeal pursuant to subsection 52(a) of the Federal Courts Act, R.S.C. 1985, c. F-7 and under the inherent jurisdiction of the Federal Court of Appeal to control its own process and prevent abuse of that process, on the grounds that:

  • Maclean v. Canada (Attorney General), 2019 FCA 277

    [1]  The applicant, Mr. Randy MacLean, seeks judicial review of a decision of the Appeal Division of the Social Security Tribunal, dated October 30, 2017, refusing his application to rescind or amend one or both of two Pension Appeals Board decisions on the basis that the application was made beyond the one-year limitation period established by subsection 66(2) of the Department of...

  • Beima v. Canada (National Revenue), 2019 FCA 280

    [1]  Mr. Beima appeals the order dated February 15, 2018 of the Federal Court (per McDonald J.) in file T-2047-14. The Federal Court found Mr. Beima in contempt for not complying with a production order under section 231.7 of the Income Tax Act R.S.C. 1985, c. 1 (5th Supp). In an exercise of discretion favourable to Mr. Beima, the Federal Court did not impose any penalty for his contempt.

  • Elroumi v. Shenzhen Top China Imp & Exp Co. Ltd., 2019 FCA 281

    [1]  The Appellants appeal from the orders of the Federal Court in Elroumi v. Shenzhen Top China Imp & Exp Co., Ltd China, 2018 FC 633 (per Gagné, J.) in which the Federal Court granted the motions of Entrepot Canchi and CMA CGM to strike out the Appellants’ claim against Entrepot Canchi and Entrepot Canchi’s third-party claim against CMA CGM. The Appellants also seek an order from this

  • Stukanov v. Canada (Attorney General), 2019 FCA 278

    [1]  This is an appeal by Igor Stukanov from a decision of Mr. Justice Fothergill of the Federal Court (2018 FC 1264), dated December 13, 2018 which dismissed an earlier appeal from a decision of the Commissioner of Patents (the Commissioner) refusing Mr. Stukanov’s Patent Application No. 2,792,456 (the Application). The basis for the refusal of the Application was that the alleged...

  • Fink v. Canada (Attorney General), 2019 FCA 276

    [1]  Subsection 23(2) of the Financial Administration Act, R.S.C. 1985, c. F-11, allows the federal government to provide full or partial relief from any tax or penalty, including interest paid or payable thereon, where the Governor in Council “considers that the collection of the tax or the enforcement of the penalty is unreasonable or unjust or that it is otherwise in the public interest...

  • Whitefish Lake First Nation v. Grey, 2019 FCA 275

    [1]  The appellant appeals from the order of the Federal Court dated January 22, 2019 in Court file number 18-T-79 extending the time for the respondent to commence an application for judicial review of the decision of an Election Appeal Arbitrator affirming the results of the election of the Chief of the appellant First Nation.

  • Millennium Pharmaceuticals Inc. v. Teva Canada Limited, 2019 FCA 273

    [1]  The appellants appeal from the judgment dated July 18, 2018 of the Federal Court (per Locke J.): 2018 FC 754. In its judgment, the Federal Court granted the respondent compensation for losses suffered during the time its version of a cancer-treating drug with the active ingredient bortezomib was kept off the market. The Federal Court found two of the appellants’ patents invalid for...

  • Brake v. Canada (Attorney General), 2019 FCA 274

    [1]  In this appeal, Mr. Brake asks this Court to overturn the order dated May 8, 2018 of the Federal Court: 2018 FC 484. The Federal Court refused to convert Mr. Brake’s application for judicial review into an action under subsection 18.4(2) of the Federal Courts Act, R.S.C. 1985, c. F-7 and certify it as a class proceeding under Rule 334.16(1) of the Federal Courts Rules, S.O.R./98-106.

  • L'Association des Employeurs Maritimes v. Le Syndicat des Débardeurs, Section Locale 375 du Syndicat Canadien de la Fonction Publique, 2019 FCA 271

    [1]  The applicants seek an order staying proceedings before the Canada Industrial Relations Board (the CIRB or the Board) in the context of ongoing Board hearings into the applicants’ maintenance of activities application under section 87.4 of the Canada Labour Code, R.S.C. 1985, c. L-2 (the Code). In that application, the applicants seek to have the work done in the Port of Montreal by...

  • Parsons v. Canada (Attorney General), 2019 FCA 268

    [1]  The applicant, Mr. Trevor Parsons, seeks judicial review of a decision of the Appeal Division of the Social Security Tribunal (SST), dated July 3, 2018, dismissing his appeal from a decision of the General Division dated December 22, 2016, which had found that the applicant did not qualify for a Canada Pension Plan (CPP) disability pension.

  • Lipskaia v. Canada (Attorney General), 2019 FCA 267

    [1]  This appeal considers the reasonableness of a decision to revoke a passport. The appellant appeals from a decision of Mr. Justice Diner of the Federal Court (2018 FC 789), dated July 26, 2018, in which he dismissed an application for judicial review brought by the appellant challenging a January 2, 2018, decision of the Passport Entitlement and Investigations Division of Immigration,...

  • Ignace v. Canada (Attorney General), 2019 FCA 266

    [1]  The Attorney General of Saskatchewan moves under Rule 110 of the Federal Courts Rules S.O.R. 98-106 to intervene in the consolidated proceeding. The Stk’emlupsemc te Secwepemc Nation, the Squamish Nation, the Coldwater Indian Band and the Upper Nicola Band all oppose.

  • Canadian Airport Workers Union v. International Association of Machinists and Aerospace Workers, 2019 FCA 263

    [1]  This application for judicial review is the latest skirmish in the struggle between two unions for the right to represent a bargaining unit of workers who provide pre-board security screening at Toronto area airports (Pearson International Airport, Buttonville Airport and Billy Bishop Toronto City Airport). The applicant, Canadian Airport Workers Union (CAWU), acquired bargaining...

  • Canadian National Railway Company v. Canada (Transportation Agency), 2019 FCA 257

    [1]  The Court has before it three motions in writing pursuant to Rule 369 of the Federal Courts Rules, SOR/98-106 (Federal Courts Rules):

  • Raincoast Conservation Foundation v. Canada (Attorney General), 2019 FCA 259

    [1]  On September 4, 2019, this Court issued an order denying the appellants and others leave to start a judicial review of the Governor in Council’s approval of the Trans Mountain expansion project: Raincoast Conservation Foundation v. Canada (Attorney General), 2019 FCA 224. Some other parties were partly successful: they were granted leave to start a judicial review but only on certain...

  • Moretto v. Canada (Citizenship and Immigration), 2019 FCA 261

    [1]  The appellant Mr. Moretto appeals from a decision of the Federal Court (Justice McDonald) dated January 24, 2018 (Moretto v. Canada (Citizenship and Immigration) 2018 FC 71, 291 A.C.W.S. (3d) 831) (FC Reasons), which dismissed his application for judicial review of a decision of the Immigration Appeal Division (IAD) of the Immigration and Refugee Board, dated December 21, 2016. The IAD

  • Revell v. Canada (Citizenship and Immigration), 2019 FCA 262

    [1]  The appellant, Mr. Revell, appeals from a decision of the Federal Court (Justice Kane) dated October 12, 2017 (Revell v. Canada (Citizenship and Immigration), 2017 FC 905, [2018] 3 F.C.R. 255 [FC Reasons]), which dismissed his application for judicial review of a decision of the Immigration Division (ID) of the Immigration and Refugee Board (IRB), dated July 28, 2016 (Canada (Minister...

  • Louie v. Canada, 2019 FCA 255

    [1]  Tax Free Savings Accounts were designed to allow Canadians to increase their savings by earning tax-free investment income. While contributions to a TFSA are not tax‑deductible, gains earned within a TFSA are generally not taxed. There are exceptions to this general principle.

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