Canada (Federal)

[1] These are consolidated applications (T-2726-23 and T-2724-23) for judicial review pursuant to ss 18 and 18.1 of the Federal Courts Act, RSC 1985, c F-7 [Federal Courts Act] of two decisions dated November 24, 2023 [Decisions] by the Minister of Foreign Affairs (Global Affairs Canada) [Minister]. The Minister decided there were not reasonable grounds to recommend that the Governor in Council...

[1] This is the judicial review of a visa officer [Officer]’s decision refusing the applications of Thi Thu Hien Le, Hong Nhung Ly, Sujini Ponnusamy, and Raajes Parekh Vallabh Dos, the Applicants, seeking permanent residence under the Start-Up Visa Program.

[1] Under the Study Permit Pilot Project, the Applicant is seeking a Judicial Review of the rejection of his study permit application. The judicial review is granted for the following reasons.

[1] This is an application for judicial review of a December 20, 2023, decision by the Immigration Division [ID] that partially granted the Applicant’s interlocutory motion for disclosure. This motion is part of the Applicant’s broader abuse of process motion before the ID. In its decision, the ID granted access to a Forensic Accounting Report but refused to order disclosure of evidence from...

[1] Mr. Gurnaib Singh (the “Applicant”) seeks judicial review of the decision of the Immigration and Refugee Board, Refugee Appeal Division (the “RAD”), dismissing his appeal from a decision of the Immigration and Refugee Board, Refugee Protection Division (the “RPD”). In its decision, the RPD refused the Applicant’s application for protection on the grounds that he is excluded from protection...

[1] Charles Olumuyiwa Moyela [Applicant], a citizen of Nigeria, brings this application for judicial review of a decision dated April 14, 2023 [Decision] by an immigration officer [Officer] refusing the Applicant’s application for permanent residence as the spouse of a protected person [PR Application].

[1] The Plaintiff/Defendant by Counterclaim, Dr. Abbasali Shapour Hosseini (Dr. Hosseini), brings this motion for an order granting him relief from the implied undertaking rule, so that he may use transcripts from the examinations for discovery of the Plaintiff by Counterclaim, Dr. Abo Taheri (Dr. Taheri), in a separate proceeding in the British Columbia Supreme Court. That proceeding, styled as...

[1] This is an appeal of a decision of the Tax Court of Canada (per Owen J.) concerning the respondent’s liability, pursuant to subsection 160(1) of the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.) (ITA), for certain tax debts of her late husband: 2024 TCC 9 (Reasons).

[1] The appellant, Therese Lennert, has brought a motion to settle the contents of the appeal book. She has appealed a decision of the Federal Court dismissing her application for judicial review of a Canada Revenue Agency (CRA) determination that she did not qualify for the Canada Recovery Benefit (CRB) (2024 FC 1088, per Fothergill J.). The appellant applied for the CRB based on two sources of...

[1] This is the first time that this Court has been called upon to conduct a substantive review of an administrative decision-maker’s interpretation and application of subsection 73(3) of the Species at Risk Act, SC 2002, c 29 [the Act].

[1] Under section 72(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA], the Applicant, Mahamadou TRERA [Applicant], seeks a judicial review of the rejection of his refugee protection appeal by the Refugee Appeal Division [RAD] of the Immigration and Refugee Board of Canada [IRB]. The judicial review is dismissed for the following reasons.

[1] Kei Wah Carah Law, a citizen of Hong Kong, seeks judicial review of the Decision dated August 29, 2023 of a Visa Officer refusing her application for an open work permit under the Hong Kong Special Measures program. The Officer found that she submitted illegitimate educational credentials and, therefore, was not eligible.

[1]                              A fundamental principle of Canadian law is that the guilt of a person charged with an offence must be proven beyond a reasonable doubt before they are punished with imprisonment. This appeal invites this Court to confirm...

[1] Joshaua Beaulieu seeks judicial review of a decision of the Federal Public Sector Labour Relations and Employment Board (the “Board”) summarily dismissing the unfair labour practice complaint that he filed against his union on the basis that it was untimely.

[1] By a Notice of Motion filed on September 11, 2023, Hapag-Lloyd (Canada) Inc. (the “Defendant”) seeks summary judgment against ETG Commodities Inc. (the “Plaintiff”), pursuant to the Federal Courts Rules, SOR/98-106 (the “Rules”).

[1] The “implied undertaking rule” provides that parties are deemed to undertake to the Court that they will keep information obtained during pre-trial discovery confidential and use it only for the purpose of the litigation in which it was obtained. The central issue on this motion is whether the implied undertaking ends when information is filed on a pre-trial motion, or whether it only ends...

[1] This is an application for judicial review of a decision [Decision] of an Immigration officer [Officer] with Immigration, Refugees and Citizenship Canada [IRCC] who refused to reconsider the Applicant’s application for permanent residence in Canada under the Express Entry Canadian Experience Class (CEC) on the basis that there was no longer a pending application as it had already been...

[1] Jay Chiang says that he is without resources and has no employment. Nonetheless, he and his wife Christina live in a 10,000 square foot home. He drives an expensive S500V model Mercedes and Christina drives a 2006 Lexus SUV. Their two children attend Upper Canada College. On July 16, 2003, they were found to be in contempt of a series of court orders. They were given the opportunity to purge...

[1] The Applicant, Abraham Olajuwon Alade [Applicant], is a citizen of Nigeria who seeks refugee protection in Canada based on his fear of persecution in Nigeria as a bisexual man. By decision dated March 15, 2024 [RAD Decision], the Refugee Appeal Division [RAD] confirmed a decision of the Refugee Protection Division [RPD] rejecting the Applicant’s claim to be a Convention refugee or a person in

[1] The Applicant, Selahaddin Kilivan [Applicant], is a Turkish citizen of Kurdish descent who filed a Pre-Removal Risk Assessment [PRRA] application in which he claimed persecution in Türkiye due to his Kurdish ethnicity and political affiliation [Application]. By decision dated February 2, 2024 [Decision], a PRRA officer [Officer] refused the Application, finding that there is less than a mere...

[1] The Applicant seeks judicial review of a decision in which he was found to be inadmissible to Canada because there were reasonable grounds to believe that, as a former prison official in Nigeria, he had been complicit in the commission of crimes against humanity.

[1] Mr. Modner Toussaint is a Haitian citizen who came to Canada via the United States of America and claimed refugee protection based on political opinion and activities. He claims that his involvement in Haitian politics with the Parti Démocrate Institutionnaliste (PDI) and the Collectif des Citoyens contre l’Impunité et la Corruption (COCCIC) made him a target of politically motivated violence.

[1] The plaintiff is a former federal offender. He pled guilty to serious offences committed against his ex-wife. On August 21, 2009, he was sentenced to imprisonment for 15 years. After being given credit for time spent in custody before sentencing, a term of imprisonment of 12 years and 10 months was imposed on the plaintiff.

[1] The Plaintiffs in this proposed class action are current and former employees of 11 different federal government departments, agencies or other organizations (and/or their predecessors). They seek to represent a proposed class comprising all Black individuals who at any time from 1970 to this day, applied for work or worked for the federal government as part of the public service, and were...

[1] The Refugee Appeal Division [RAD] dismissed the Applicant’s refugee claim because he had an internal flight alternative [IFA]. On judicial review, he alleges that the RAD’s decision was unreasonable. I disagree. For the following reasons, this application is dismissed.

[1] This is the first time this Court has been asked to review an administrative decision-maker’s interpretation and application of the residual justification power under paragraph 209.3(3)(f) of the Immigration and Refugee Protection Regulations, SOR/2002-227 [Regulations]. Specifically, this judicial review requires the Court to assess whether it is reasonable to impose monetary compensation...

[1] The Government of Canada [Canada] and the Federation of Newfoundland Indians [FNI] reached an agreement for the creation of a landless band for the Mi’kmaq Group of Indians of Newfoundland [Newfoundland Mi’kmaq Group], who later became the Qalipu Mi’kmaq First Nation [QMFN]. Part of the creation of QMFN involved the development of criteria for individuals seeking membership in QMFN and an...

[1] The Applicant seeks judicial review of a decision of a visa officer refusing her application for a study permit pursuant to paragraph 216(1)(b) of the Immigration and Refugee Protection Regulations, SOR/2002-227 (“Regulations”).

[1] The appellant, Aileen Michel, appeals from the order of the Federal Court in Kahnapace v. Canada (Attorney General), 2023 FC 32 (per Aylen J.) in which the Federal Court dismissed the plaintiffs’ motion to certify an action against the respondent as a class proceeding. In its reasons, the Federal Court declined to allow the plaintiffs leave to amend their Third Amended Statement of Claim (the

[1] Mr. Li Hua Wu (the “Applicant”) seeks judicial review of the decision of the Immigration and Refugee Board, Immigration Appeal Division (the “IAD”), dismissing his appeal against his loss of status. The appeal was based on Humanitarian and Compassionate (“H and C”) grounds.