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Canada decisions
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The Ontario Court of Appeal upheld a 6-year sentence for dangerous driving causing death and a concurrent 4-year sentence for bodily harm, with a 16-year driving ban.
The Federal Court found the RAD unreasonably upheld an internal flight alternative finding for a Mexican refugee claim and sent the matter back for redetermination.
The Ontario Court of Appeal dismissed Brandon Aubin’s appeal, finding no prejudice from trial counsel’s failure to retain an expert on fire origin.
The Federal Court dismissed judicial review of an H&C refusal, finding the officer reasonably assessed medical evidence, BIOC, and alternate ways to remain in Canada.
The Tax Court dismissed an appeal for Canada Child Benefit eligibility, holding the appellant was not a protected person under IRPA and rejecting a Charter challenge.
Although the appellant's grounds surpass the 'not frivolous' threshold and warrant consideration of reviewability, enforceability outweighs reviewability because the offence was very serious, the sentence was substantial (4.5 years), there are residual safety concerns from the appellant's history of violence against intimate female partners, and the proposed interprovincial release plan with an out-of‑province surety did not provide sufficient confidence in enforceability and supervision; accordingly, a reasonable member of the public would lose confidence if the appellant were released and t…
Source excerpt
The motions judge correctly concluded, after a holistic review, that the statement of claim was incoherent, lacked material facts and any reasonable cause of action, and that no amendment could cure its radical deficiencies; the discretionary decision to strike without leave to amend was not shown to be erroneous and the appeal is dismissed.
Source excerpt
Ontario Court of Appeal dismissed a broad challenge by healthcare workers to COVID-19 vaccination policies, striking the claim as an abuse of process and for no reasonable cause of action.
The Federal Court dismissed a judicial review of a CRA staffing recourse decision, finding the Individual Feedback process fair and the ineligibility ruling reasonable.
On sentence appeal, the Court of Appeal reduced Deborah Oguntoyinbo’s global sentence, vacated the sentence on a withdrawn count, and adjusted restitution orders.
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