Federal Court of Appeal (Canada)

12924 results for Federal Court of Appeal (Canada)

  • Canada (Attorney General) v. Public Service Alliance of Canada, 2024 FCA 95

    [1] Dental benefits are one of the employment benefits available to government employees, including members of the Public Service Alliance of Canada (PSAC), and their eligible dependants. These benefits are governed by the Public Service Dental Care Plan (the Dental Plan), the terms of which are negotiated by the parties from time to time.

  • Khodykin v. Canada (Attorney General), 2024 FCA 96

    [1] The applicant, Alexey Khodykin, applies for judicial review of the decision of the Appeal Division of the Social Security Tribunal dated August 31, 2023.

  • Ho v. Canada, 2024 FCA 94

    [1] The appellant appeals from an Order dated November 4, 2022 of the Federal Court (per Bell J.), dismissing the appellant’s motion for an extension of time to appeal two Federal Court orders. In one, the Federal Court dismissed the appellant’s motion for waiver of court fees. In the other, the Federal Court struck the appellant’s statement of claim without leave to amend.

  • Gutierrez v. Canada, 2024 FCA 93

    [1] The applicant seeks, through two distinct motions, an extension of time to appeal two Orders made by the Federal Court in file number T-1731-22.

  • Sakab Saudi Holding Company v. Canada (Attorney General), 2024 FCA 92

    [1] These consolidated appeals concern two interlocutory decisions of a Designated Judge of the Federal Court issued in the context of proceedings under section 38 of the Canada Evidence Act, R.S.C. 1985, c. C-5 (CEA). By an application brought pursuant to section 38.04, the Attorney General of Canada (AGC) is seeking to protect sensitive or potentially injurious information from disclosure in a...

  • Salt River First Nation #195 v. Heron, 2024 FCA 87

    [1] The appellant, Salt River First Nation #195 (SRFN), moves for an Order staying the Federal Court decision under appeal. It also seeks an interlocutory injunction prohibiting certain public statements relating to the issues in dispute.

  • Salt River First Nation #195 v. Heron, 2024 FCA 88

    [1] The appellant, Salt River First Nation #195 (SRFN), moves for an Order staying the Federal Court decision under appeal. It also seeks an interlocutory injunction prohibiting certain public statements relating to the issues in dispute.

  • Sierra Club Canada Foundation v. Canada (Environment and Climate Change), 2024 FCA 86

    [1] The appellants appeal from a judgment of the Federal Court, which dismissed two applications for judicial review: 2021 FC 1367 [FC Decision]. The first application challenged the validity of a report resulting from a regional assessment of offshore oil and gas exploratory drilling, conducted under the Impact Assessment Act, S.C. 2019, c. 28 (Act). The second application sought to quash a...

  • Musqua v. Bellegarde, 2024 FCA 85

    [1] The appellant moves for a stay of an Order of the Federal Court (per Favel J.) until this Court determines the appeal from that Order. The Order found her in contempt: 2024 FC 48.

  • Canadian National Railway Company v. Canada (Attorney General), 2024 FCA 84

    [1] This decision concerns a motion by the appellant, Canadian National Railway Company (CN), for an Order staying the Federal Court decision at issue in the present appeal until this Court renders a final judgment thereon.

  • TPine Leasing Capital Corporation v. Canada, 2024 FCA 83

    [1] The issue in this appeal is, if a taxpayer is successful in challenging the denial of a particular deduction, does subsection 152(9) of the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.) (the Act) allow the Minister of National Revenue (the Minister) to advance an alternative basis or argument that the assessment should still be supported on the basis that a related deduction, which was...

  • Hud v. Canada, 2024 FCA 82

    [1] The appellant, Lorence Hud, appeals a judgment of the Tax Court of Canada issued on October 27, 2023 in Tax Court File 2023-745(IT)I, for oral reasons delivered on October 24, 2023. The Tax Court dismissed the appellant’s appeal of the Minister of National Revenue’s assessments of his 2017, 2018, and 2019 taxation years.

  • Palozzi v. Canada (Attorney General), 2024 FCA 81

    [1] The applicant was dismissed by his employer because he failed to comply with the employer’s COVID-19 vaccination policy. The General Division of the Social Security Tribunal (SST) found that he was disqualified from receiving Employment Insurance benefits under section 30 of the Employment Insurance Act, S.C. 1996, c. 23, because he had lost his job due to his misconduct. The applicant now...

  • Tazehkand v. Bank of Canada, 2024 FCA 73

    [1] On April 10, 2024, the Respondent Bank of Canada requested an assessment of costs following the order of the Court dated March 12, 2024, [Order] which states that: “[t]he motion to hold this matter in abeyance is dismissed, with costs.”

  • Westjet v. Lareau, 2024 FCA 77

    [1] This is an appeal from a decision of the Canadian Transportation Agency. The Agency is not a party to the appeal. Nevertheless, after the parties to the appeal filed their memoranda of fact and law with the Court, the Agency presented to the Court its own memorandum of fact and law.

  • Democracy Watch v. Canada (Attorney General), 2024 FCA 75

    [1] The appellants appeal from the judgment of the Federal Court in Democracy Watch v. Canada (Attorney General), 2023 FC 31 (per Southcott J.). In that judgment, the Federal Court dismissed the appellants’ application challenging the process by which judges are appointed under section 96 and 101 of the Constitution Act, 1867. The appellants alleged that the appointment process is subject to...

  • Kuk v. Canada (Attorney General), 2024 FCA 74

    [1] Wieslaw Kuk appeals a decision of the Federal Court (2023 FC 1134, per Justice Glennys L. McVeigh) that dismissed his application for judicial review of a decision of the Appeal Division of the Social Security Tribunal (SST). The Appeal Division decision in issue refused Mr. Kuk leave to appeal a decision of the General Division of the SST that found that he was not entitled to employment...

  • Dye & Durham Limited v. Ingarra, 2024 FCA 76

    [1] The appellants are defendants in a proposed class action brought under section 45 of the Competition Act, R.S.C. 1985, c. C-34 (the Act). They sought an order removing plaintiffs’ counsel as counsel of record, alleging that counsel had received relevant confidential information in the course of a prior retainer of a lawyer who was, at one point, also counsel to the defendants.

  • Eli Lilly Canada Inc. v. Apotex Inc., 2024 FCA 72

    [1] This is an appeal of a decision by the Federal Court (2022 FC 1398, per Justice Martine St-Louis) that found various claims of Canadian Patent No. 2,226,784 (the 784 Patent) to be invalid for overbreadth and insufficiency. As a result, the Federal Court dismissed actions by the appellants against the respondents alleging infringement of the 784 Patent. The respondents had also argued that the

  • Canada (Public Safety and Emergency Preparedness) v. Yihdego, 2024 FCA 70

    [1] Abel Nahusenay Yihdego was found to be inadmissible to Canada pursuant to paragraphs 34(1)(a) and (f) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (IRPA) for being a member of an organization for which there are reasonable grounds to believe had engaged in espionage. These provisions make permanent residents and foreign nationals inadmissible to Canada on security grounds...

  • Canada (Public Safety and Emergency Preparedness) v. Canadian Association of Refugee Lawyers, 2024 FCA 69

    [1] In accordance with paragraphs 34(1)(a) and (f) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (IRPA), permanent residents and foreign nationals are inadmissible to Canada on security grounds if they are members of an organization that there are reasonable grounds to believe engages, has engaged or will engage in espionage “against Canada or that is contrary to Canada’s...

  • Walcott v. Public Service Alliance of Canada, 2024 FCA 68

    [1] The applicant, Victor Walcott, seeks judicial review of a decision of the Federal Public Sector Labour Relations and Employment Board (Board): 2023 FPSLREB 54. The Board summarily dismissed the applicant’s complaint that his former union, the Public Service Alliance of Canada, had failed in its duty of fair representation, under section 187 of the Federal Public Sector Labour Relations Act, S.

  • Steelhead Lng (Aslng) Ltd. v. Arc Resources Ltd., 2024 FCA 67

    [1] This appeal turns on what constitutes “use” of a patented invention for the purposes of proving infringement of a patent under section 42 of the Patent Act, R.S.C. 1985, c. P-4 [the Act].

  • Janssen Inc. v. Canada (Attorney General), 2024 FCA 66

    [1] Janssen Inc. appeals from the judgment of the Federal Court (per Manson J.): 2023 FC 7. The Federal Court dismissed Janssen’s application for judicial review of a decision of the Minister of Health. The Minister found that Janssen’s nasal spray, SPRAVATO, was not an “innovative drug” under subsection C.08.004.1(1) of the Food and Drug Regulations, C.R.C., c. 870, and, thus, was not entitled...

  • Democracy Watch v. Canada (Attorney General), 2024 FCA 64

    [1] The appellant, Democracy Watch, appeals from the judgment of Furlanetto J. of the Federal Court (the Federal Court) rendered on June 20, 2023 (2023 FC 825), which dismissed the appellant’s application for judicial review of two reports of the Commissioner of Lobbying of Canada (the Commissioner). In its reports, the Commissioner concluded that the Lobbyists’ Code of Conduct (former Code),...

  • French v. The Royal Canadian Legion (Dominion Command), 2024 FCA 63

    [1] This appeal concerns the scope of the defence provided by subsection 64(2) of the Copyright Act, R.S.C. 1985, c. C-42, against allegations of infringement of copyright and moral rights. Subsection 64(2) reads as follows:

  • Hudson v. Canada, 2024 FCA 62

    [1] In the present appeal from a judgment of the Tax Court of Canada, the appellant moves for an Order that:

  • The King v. Hudson, 2024 FCA 61

    [1] Canada moves under subsection 397(2) of the Federal Courts Rules, SOR/98-106 (the Rules), to have the Court set aside the parts of the Judgments and Reasons for Judgment, dated February 20, 2024, ordering them to pay costs, and to substitute the words “without costs” for the existing words “with costs”.

  • Sigma Chi Canadian Foundation v. Canada (National Revenue), 2024 FCA 59

    [1] The Sigma Chi Canadian Foundation appeals to this Court under paragraph 172(3)(a.1) of the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.) from a decision of the Minister of National Revenue. In that decision, the Minister confirmed her intention to revoke Sigma Chi’s registration as a charity.

  • Wepruk v. Canada (Attorney General), 2024 FCA 55

    [1] The applicant seeks judicial review of a decision of the Federal Public Sector Labour Relations and Employment Board, 2021 FPSLREB 75 (Board Reasons). The Board dismissed the applicant’s grievance, upholding the employer’s termination decision.

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