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Canada Case Law

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Immigration and border services 2025 FC 1729

Alainn v. Canada (Public Safety)

Federal Court dismissed judicial review of a CBSA complaints disposition, finding the phone call record was not reviewable and the final letter was reasonable.

  • Judicial review
  • Reasonableness review
  • Bias and reasonable apprehension
  • Public complaints mechanism
  • Evidence (sworn vs unsworn)
  • Judicial-review
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Administrative law 2024 CF 142

Alldowell c. Canada (Procureur général)

La Cour fédérale rejette le contrôle judiciaire d’un grief militaire et juge raisonnable la décision d’écarter la formation du demandeur en génie aérospatial.

  • Judicial review
  • Standard of review - reasonableness
  • Military grievance process
  • Procedural fairness
  • Removal from training
  • Judicial-review
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Family law 2022 ONCA 683

Bell v. Fishka

Because the appellant repeatedly re-litigated decided issues, deliberately failed to comply with clear orders requiring payment of security for costs and costs, engaged in abusive litigation conduct and unpaid cost orders, the appeals were properly characterized as frivolous, vexatious and an abuse of process and were dismissible under Rule 2.1 and r.1(8) of the Family Law Rules; accordingly the respondent's motion was allowed and the appeals dismissed.

  • Frivolous and vexatious proceedings
  • Security for costs
  • Dismissal for non-compliance
  • Abuse of process
  • Finality
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Administrative law 2015 FC 1383

Beauregard v. Canada (Attorney General)

The Federal Court set aside a Canadian Police College appeal decision after finding the applicant was denied procedural fairness and the appeal did not cure the defects.

  • Procedural fairness
  • Judicial review
  • Disciplinary dismissal
  • Appeal procedure
  • Standards of review
  • Procedural-fairness
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Immigration law 2015 FC 294

Majdalani v. Canada (Citizenship and Immigration)

The Federal Court dismissed judicial review of an H&C refusal, finding no procedural unfairness in use of public websites and no reviewable error in the hardship analysis.

  • Humanitarian and compassionate grounds
  • Procedural fairness
  • Standard of review – reasonableness vs correctness
  • Best interests of the child
  • Admissibility of post‑decision evidence
  • Procedural-fairness
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Administrative law 2011 FC 576

Timm v. Canada (Attorney General)

Judicial review of a third-level inmate grievance decision was dismissed. The Court found no breach of fairness, no unreasonable response, and no harassment.

  • Procedural fairness
  • Natural justice
  • Grievance procedure
  • Harassment
  • Administrative delays
  • Commissioner’s directives
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Administrative law 2008 FC 190

Leading Seaman D.M. Morphy v. Canada (Attorney General)

The Federal Court allowed judicial review of a military grievance decision, holding that the Chief of Defence Staff failed to give reasons for rejecting key Grievance Board findings.

  • Grievance procedure
  • Reasons requirement under national defence act
  • Procedural fairness
  • Standard of review
  • Causation
  • Remittal
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Immigration law 2005 FC 1327

Canada (Minister of Citizenship and Immigration) v. Fouodji

Judicial review of an IRB refusal to vacate refugee protection was allowed because the panel gave inadequate reasons and failed to assess key evidence and credibility.

  • Vacation of refugee protection (s.109 irpa)
  • Misrepresentation
  • Credibility assessment
  • Procedural fairness
  • Reasons for decision
  • Judicial-review
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Administrative law 2004 FC 1112

Milligan v. Canada (Attorney General)

The Federal Court dismissed a judicial review of a Veterans Review and Appeal Board reconsideration decision denying a right-knee pension claim for lack of service connection.

  • Standard of review
  • Pension entitlement
  • Service-related injury
  • Reconsideration
  • Evidentiary burden
  • Judicial-review
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Administrative law 2004 FC 517

Schaefler v. Canada (Solicitor General)

The Federal Court dismissed an inmate’s judicial review of CSC’s refusal to allow a public performance license and inmate possession of VCRs/DVDs.

  • Judicial review
  • Standard of review (patently unreasonable)
  • Commissioner's directives (access to material and live entertainment, personal property)
  • Access to entertainment in institutions
  • Security and contraband risk
  • Copyright concerns
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.