Tan v. Canada (Attorney General)
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Court of Appeal (Canada) |
| Citation | 2018 FCA 186 |
| Date | 18 October 2018 |
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18 practice notes
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R. v. Kirkpatrick
...44; David Polowin Real Estate Ltd. v. Dominion of Canada General Insurance Co. (2005), 76 O.R. (3d) 161; Tan v. Canada (Attorney General), 2018 FCA 186, [2019] 2 F.C.R. 648; Toronto Standard Condominium Corporation No. 1628 v. Toronto Standard Condominium Corporation, 2020 ONCA 612, 454 D.L......
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Bank of Montreal v. Li
...from any court, let alone a court of appeal; the doctrine of stare decisis calls for no less (Tan v. Canada (Attorney General), 2018 FCA 186, 427 D.L.R. (4th) 336, at para. 22 [Tan]). Courts themselves may depart from precedent in exceptional circumstances. The Supreme Court has acknowledge......
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Canada (Public Safety and Emergency Preparedness) v. Verbanov
...also constitutes a legal constraint bearing on administrative decision-makers: Vavilov, at paragraph 112; Tan v Canada (Attorney General), 2018 FCA 186 at paragraph 22, [2019] 2 FCR 648; Bank of Montreal v Li, 2020 FCA 22 at paragraph 37. Nonetheless, administrative decision-makers are enti......
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Magonza v. Canada (Citizenship and Immigration)
...(Canadian National Railway Co v Emerson Milling Inc, 2017 FCA 79 at para 70, [2018] 2 FCR 573; Tan v Canada (Attorney General), 2018 FCA 186 at para 22). They cannot ignore the test of operational adequacy or substitute a test of their own. When they apply the “wrong test,” their decisions ......
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19 cases
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R. v. Kirkpatrick
...44; David Polowin Real Estate Ltd. v. Dominion of Canada General Insurance Co. (2005), 76 O.R. (3d) 161; Tan v. Canada (Attorney General), 2018 FCA 186, [2019] 2 F.C.R. 648; Toronto Standard Condominium Corporation No. 1628 v. Toronto Standard Condominium Corporation, 2020 ONCA 612, 454 D.L......
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Magonza v. Canada (Citizenship and Immigration)
...(Canadian National Railway Co v Emerson Milling Inc, 2017 FCA 79 at para 70, [2018] 2 FCR 573; Tan v Canada (Attorney General), 2018 FCA 186 at para 22). They cannot ignore the test of operational adequacy or substitute a test of their own. When they apply the “wrong test,” their decisions ......
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Bank of Montreal v. Li
...from any court, let alone a court of appeal; the doctrine of stare decisis calls for no less (Tan v. Canada (Attorney General), 2018 FCA 186, 427 D.L.R. (4th) 336, at para. 22 [Tan]). Courts themselves may depart from precedent in exceptional circumstances. The Supreme Court has acknowledge......
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Canada (Public Safety and Emergency Preparedness) v. Verbanov
...also constitutes a legal constraint bearing on administrative decision-makers: Vavilov, at paragraph 112; Tan v Canada (Attorney General), 2018 FCA 186 at paragraph 22, [2019] 2 FCR 648; Bank of Montreal v Li, 2020 FCA 22 at paragraph 37. Nonetheless, administrative decision-makers are enti......
Get Started for Free
1 firm's commentaries
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When Is A Rule Not The Law? A Note On Tan And Comity In The Federal Court Of Appeal
...Court of Appeal decision has explicitly recognized the link to judicial independence. Case Information Tan v. Canada (Attorney General), 2018 FCA 186: Majority Reasons per Rennie J.A. (Near and Zinn JJ.A. concurring) Paragraphs 1-122; Dissenting Reasons per Pelletier J.A. (Woods J.A. concur......
