Canada v. Bowker,

JurisdictionFederal Jurisdiction (Canada)
CourtCourt of Appeal (Canada)
Date08 June 2023
Citation2023 FCA 133

Get this document and AI-powered insights with a free trial of vLex and Vincent AI

Get Started for Free

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex
14 practice notes
  • Canada (National Revenue) v. Shopify Inc., 2025 FC 968
    • Canada
    • Federal Court (Canada)
    • May 29, 2025
    ...the Court should avoid the arbitrariness resulting from Shopify’s proposed award, which lacks consistency overall (see Canada v Bowker, 2023 FCA 133 at paras [426] Taking into account the legal principles set out above, the submissions of the parties, and the discretion afforded to me under......
  • Canada (National Revenue) v. Shopify Inc., 2025 FC 969
    • Canada
    • Federal Court (Canada)
    • May 29, 2025
    ...the Court should avoid the arbitrariness resulting from Shopify’s proposed award, which lacks consistency overall (see Canada v Bowker, 2023 FCA 133 at paras [295] Taking into account the legal principles set out above, the submissions of the parties, and the discretion afforded to me under......
  • Organigram Inc v. Canada (Attorney General),
    • Canada
    • Federal Court (Canada)
    • August 8, 2023
    ...pp. 227-228; 1994 CarswellNfld 211 at paras 51-54). [99] This was recently restated by the Federal Court of Appeal in Canada v Bowker, 2023 FCA 133 [Bowker]: [77] A finding of breach of procedural fairness renders a decision liable to be overturned: Cardinal v. Kent Institution, 1985 Can......
  • Shull v. Canada,
    • Canada
    • Court of Appeal (Canada)
    • January 28, 2025
    ...[1994] 1 S.C.R. 202 at 228-229 and Ilaslan v. Hospitality & Service Trades Union, 2013 FCA 150 at para. 28; see also Canada v. Bowker, 2023 FCA 133 at para. [33] This exception is admittedly narrow. A court should not decline to overturn a decision based on “speculation as to what the r......
  • Get Started for Free
15 cases
  • Canada (National Revenue) v. Shopify Inc., 2025 FC 968
    • Canada
    • Federal Court (Canada)
    • May 29, 2025
    ...the Court should avoid the arbitrariness resulting from Shopify’s proposed award, which lacks consistency overall (see Canada v Bowker, 2023 FCA 133 at paras [426] Taking into account the legal principles set out above, the submissions of the parties, and the discretion afforded to me under......
  • Canada (National Revenue) v. Shopify Inc., 2025 FC 969
    • Canada
    • Federal Court (Canada)
    • May 29, 2025
    ...the Court should avoid the arbitrariness resulting from Shopify’s proposed award, which lacks consistency overall (see Canada v Bowker, 2023 FCA 133 at paras [295] Taking into account the legal principles set out above, the submissions of the parties, and the discretion afforded to me under......
  • Organigram Inc v. Canada (Attorney General),
    • Canada
    • Federal Court (Canada)
    • August 8, 2023
    ...pp. 227-228; 1994 CarswellNfld 211 at paras 51-54). [99] This was recently restated by the Federal Court of Appeal in Canada v Bowker, 2023 FCA 133 [Bowker]: [77] A finding of breach of procedural fairness renders a decision liable to be overturned: Cardinal v. Kent Institution, 1985 Can......
  • Shull v. Canada,
    • Canada
    • Court of Appeal (Canada)
    • January 28, 2025
    ...[1994] 1 S.C.R. 202 at 228-229 and Ilaslan v. Hospitality & Service Trades Union, 2013 FCA 150 at para. 28; see also Canada v. Bowker, 2023 FCA 133 at para. [33] This exception is admittedly narrow. A court should not decline to overturn a decision based on “speculation as to what the r......
  • Get Started for Free