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10971 results for Canadian Caselaw › Federal Court of Appeal (Canada)

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  • Canada (Attorney General) v. Santawirya, 2019 FCA 248

    [1]  The Attorney General of Canada applies for judicial review of an interlocutory decision of the Federal Public Sector Labour Relations and Employment Board (the Board) dated July 18, 2017, (Santawirya v. Deputy Head (Canada Border Services Agency), 2017 FPSLREB 10). In that decision, the Board found that Ms. Santawirya was an employee under the Federal Public Sector Labour Relations Act,

  • Pfizer Canada Inc. v. Amgen Inc., 2019 FCA 249

    [1]  This is an appeal by Pfizer Canada Inc. (Pfizer) of a decision rendered by Prothonotary Milczynski (the Prothonotary) on October 25, 2018 (T-741-18) pursuant to which she dismissed a motion brought by Pfizer seeking the dismissal of an action commenced in the Federal Court by the respondents Amgen Inc. and Amgen Canada Inc. (Amgen). More particularly, by its motion, Pfizer argued that...

  • Brass v. Papequash, 2019 FCA 245

    [1]  Rodney Brass et al. (the appellants) appeal a judgment of Barnes J. of the Federal Court (the Judge) dated March 21, 2018 (2018 FC 325).

  • Telecon Inc. v. International Brotherhood of Electrical Workers, Local Union No. 213, 2019 FCA 244

    [1]  Telecon Inc. (Telecon, or the applicant) applies for judicial review of a decision of the Canada Industrial Relations Board (the Board) dated February 19, 2018 (the Decision). The Board granted the application for certification of the International Brotherhood of Electrical Workers, Local Union No. 213 (the IBEW, or the respondent), under section 24 of the Canada Labour Code, R.S.C. 198

  • Hong v. Canada (Attorney General), 2019 FCA 241

    [1]  Constable Jason Hong, a member of the Royal Canadian Mounted Police, appeals from a judgment of the Federal Court that dismissed his application for an order of mandamus. Cst. Hong sought mandamus to compel the RCMP to implement an adjudicator’s decision directing the RCMP to reinstate him in a training program leading to qualification as a forensic identification specialist (2018 FC 12

  • Canada (Attorney General) v. Philps, 2019 FCA 240

    [1]  A number of witnesses testified in disciplinary proceedings brought against the respondent, Timothy Philps, before the Public Service Labour Relations and Employment Board. At issue in this application for judicial review is whether the Board erred in refusing to refer to certain of the witnesses who testified against Mr. Philps by their initials in the public version of the Board’s...

  • Ignace v. Canada (Attorney General), 2019 FCA 239

    [1]  On September 4, 2019, this Court granted leave to six sets of parties to start applications for judicial review challenging the Governor in Council’s approval of the Trans Mountain pipeline expansion project.

  • Perez v. Hull, 2019 FCA 238

    [1]  The applicant, Rosa Fanny Perez Flores, seeks judicial review of a decision of the Social Security Tribunal (Appeal Division) dated March 20, 2018, dismissing her appeal of a decision of the Social Security Tribunal (General Division). In that decision, the General Division found that Ms. Perez was not the common-law partner of the deceased contributor and was therefore not entitled to

  • Moreau v. Canada (Attorney General), 2019 FCA 237

    [1]  In this application for judicial review, Ms. Moreau seeks to set aside the May 17, 2018 decision of the Social Security Tribunal Appeal Division (the Appeal Division), made in File AD-17-916. In that decision, the Appeal Division dismissed Ms. Moreau’s appeal from the earlier decision of the Social Security Tribunal General Division (the General Division) in which that Tribunal...

  • Bernard v. Professional Institute of the Public Service of Canada, 2019 FCA 236

    [1]  On May 14, 2019, this Court declared the applicant to be a vexatious litigant under section 40 of the Federal Courts Act, R.S.C. 1985, c. F-7: Bernard v. Canada (Attorney General), 2019 FCA 144.

  • Tedesco v. Canada, 2019 FCA 235

    [1]  These appeals raise the issue of whether it is an abuse of process by relitigation for the members of a partnership to pursue an issue related to the validity of a determination of losses of a partnership after the partnership has discontinued its appeal that raised the same issue. As a result of the Orders of the Tax Court of Canada dated April 23, 2018 (2018 TCC 75), the Crown’s...

  • Harris v. Canada (Attorney General), 2019 FCA 232

    [1]  The issue in this appeal is whether the amended statement of claim, as filed by Mr. Harris with the Federal Court, should be struck. Mr. Harris is seeking certain declarations and unspecified damages related to the Access to Cannabis for Medical Purposes Regulations, SOR/2016-230 (ACMPR) (which were repealed on October 17, 2018 by SOR/2018-147, s. 33). The Crown had brought a motion to

  • Office and Professional Employees International Union v. Cougar Helicopters Inc., 2019 FCA 231

    [1]  The applicant has applied for judicial review of a decision of the Canada Industrial Relations Board. In support of that application, it has filed two affidavits. One of these affidavits is unchallenged but the other has sparked some controversy.

  • Betser-Zilevitch v. Nexen Inc., 2019 FCA 230

    [1]  This is an appeal from a decision of a judge of the Federal Court (the Judge) pursuant to which the respondents’ motion to enforce a settlement agreement was granted. The Court found that the parties had entered into a binding agreement to settle the underlying patent infringement action, the terms of which are set out in the appellant’s written offer to settle dated January 25, 2017....

  • AGT Food and Ingredients v. Canadian Pasta Manufacturers Association, 2019 FCA 229

    [1]  This is an application for judicial review of a decision of the Canadian International Trade Tribunal under the Special Import Measures Act, R.S.C. 1985, c. S-15 (SIMA) related to the injury caused to the domestic industry by the dumping and subsidizing of certain dry wheat-based pasta.

  • RAINCOAST CONSERVATION FOUNDATION ET AL. v. THE ATTORNEY GENERAL OF CANADA ET AL., 2019 FCA 224

    [1]  By Order in Council P.C. 2019-0820 dated June 18, 2019, the Governor in Council approved the Trans Mountain Pipeline expansion project for the second time: (2019) C. Gaz. I, Vol. 153, No. 25. Twelve sets of parties would like to challenge the approval by starting applications for judicial review. But before they can do that, they have to get leave from this Court: National Energy Board

  • Air Canada v. Cooperstock, 2019 FCA 226

    [1]  We are all of the view that Air Canada’s appeal must be allowed.

  • 4092325 Investments Ltd. v. Canada, 2019 FCA 225

    [1]  Notwithstanding Mr. Whitman’s forceful arguments to the effect that the Judge misconstrued Rule 146.1 of the Tax Court of Canada Rules (General Procedure), S.O.R./90-688a) (the Rules), we have not been persuaded that the Judge made a palpable and overriding error in preferring to advance the appeals before him to trial, in his capacity of case management judge, by way of Rule 26 of the

  • Kreishan v. Canada (Citizenship and Immigration), 2019 FCA 223

    [1]  Under the safe third country concept in refugee law, claims for asylum may be rejected on the basis that the claimant should have sought protection in a country other than where the claim was made. An underlying objective of this concept is to deter asylum shopping (see Stephen H. Legomsky, “Secondary Refugee Movements and the Return of Asylum Seekers to Third Countries: The Meaning of

  • Nelson v. Canada (Attorney General), 2019 FCA 222

    [1]  The Applicant, Ms. Marilyn Nelson, seeks judicial review of a decision of the Appeal Division of the Social Security Tribunal dated October 29, 2018 (AD-18-348). The Appeal Division allowed the Applicant’s appeal from a decision of the General Division of the Social Security Tribunal dated April 23, 2018 (GE-17-3920), but nevertheless ultimately agreed with the General Division’s...

  • Gregg v. Air Canada Pilots Association, 2019 FCA 218

    [1]  The appellants are former pilots of Air Canada. They were subject to Air Canada’s mandatory retirement policy at age 60, which prevailed between March 2011 and October 2012. During this time, paragraph 15(1)(c) of the Canadian Human Rights Act, R.S.C., 1985, c. H-6 (Act), was still in force (repealed effective December 15, 2012). This paragraph provided that it was not a discriminatory

  • SLFI Group v. Canada, 2019 FCA 217

    [1]  This is an appeal of a judgment of the Tax Court of Canada (2017 TCC 78) that dismissed an appeal from assessments of goods and services tax (GST) under the Excise Tax Act, R.S.C. 1985, c. E-15.

  • Squamish Indian Band v. Canada (Fisheries and Oceans), 2019 FCA 216

    [1]  Prior to European contact, Indigenous groups living in the region of the mouth of the Fraser River fished the river for food, social and ceremonial purposes. Indigenous peoples’ lives “centered in large part around the river and its abundant fishery.” (R. v. Kapp, 2008 SCC 41, [2008] 2 S.C.R. 483, paragraph 4). Today, First Nations are prohibited by the Fisheries Act, R.S.C. 1985, c. F-

  • Hociung v. Canada (Public Safety and Emergency Preparedness), 2019 FCA 214

    [1]  Mr. Hociung appeals from the judgment of the Federal Court (per Gleeson J.) granting the respondent’s motion for summary judgment and dismissing his action (2018 FC 298).

  • Hociung v. Canada (Public Safety and Emergency Preparedness), 2019 FCA 215

    [1]  Mr. Hociung appeals the order of the Federal Court (per Gleeson J.) dated March 15, 2018 (T-1450-15) dismissing his motion to amend his statement of claim made in writing pursuant to Rule 369 of the Federal Courts Rules, SOR/98-106.

  • Insch v. Canada (Attorney General), 2019 FCA 211

    [1]  The principal issue raised on this consolidated application for judicial review is whether union members, formerly represented by their union at the grievance and adjudication phases, have standing to maintain an application for judicial review challenging a negative decision of an adjudicator in circumstances where the grievance relates to the interpretation of a provision of the...

  • Kim v. Canada, 2019 FCA 210

    [1]  This is an appeal from the judgment of Smith J. (2017 TCC 246) that dismissed Mr. Kim’s appeal to the Tax Court of Canada. He was appealing the assessments issued for his 2009 and 2010 taxation years. The Minister of National Revenue (Minister) denied certain business losses and also imposed penalties under subsection 163(2) of the Income Tax Act, R.S.C. 1985, c.1 (5th Supp.) (Act)....

  • Evolution Technologies Inc. v. Human Care Canada Inc., 2019 FCA 209

    [1]  The appellant, Evolution Technologies Inc., and the respondent, Human Care Canada Inc., both supply mobility aiding devices. These include “rollators” – more colloquially, walkers with wheels. Human Care’s “Nexus” series of centre-folding, solid-seat rollators is a commercial embodiment of its Canadian Patent No. 2,492,392. Human Care brought an action in the Federal Court alleging...

  • Worldspan Marine Inc. v. Sargeant, 2019 FCA 207

    [1]  There are two motions requesting an order to stay the Order of Heneghan J. of the Federal Court dated April 30, 2019 (2019 FC 546) which provided that the proceeds from the sale of the vessel “QE014226C010” are to be paid to Harry Sargeant III (Sargeant).

  • Sport Maska Inc. v. Bauer Hockey Ltd., 2019 FCA 204

    [1]  The appellant appeals from the Federal Court’s judgment in Bauer Hockey Ltd. v. Sport Maska Inc. (doing business as CCM Hockey), 2018 FC 832 (per Locke J. (as he then was)), dismissing the appellant’s appeal from the Prothonotary’s decision reported at 2017 FC 1174 (per Morneau P.). The Prothonotary dismissed the appellant’s motions to dismiss the respondent’s actions for patent and...

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