Canada Case Law

Canada (Heritage) v. 9616934 Canada Inc.

Court

Federal Court of Appeal

The Federal Court of Appeal allowed the Minister's appeal because the Minister's decision to refuse certification was reasonable when read holistically (it relied on the 2012 definition and addressed financing concerns via the 2017 guidelines); although the 15% running-time threshold in the 2017 guidelines is itself unreasonable as inconsistent with the regulatory text, that invalidity does not warrant a declaration ultra vires because it would have no practical utility given the Court's disposition; accordingly the Federal Court judgment was set aside and the producers' judicial review appli…

Source excerpt

• Canadian film or video production tax credit eligibility
• Definition of advertising
• Guidelines under s.125.4(7)
• Ultra vires challenge
• Reasonableness review

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Malik v. Canada (Citizenship and Immigration)

Court

Federal Court

Federal Court dismissed judicial review of a visitor visa refusal, finding the officer’s brief reasons reasonable and no procedural fairness breach occurred.

• Visitor visa refusal
• Temporary resident visa
• Family ties as pull factor
• Financial establishment
• Reasonableness review
• Procedural fairness duties

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Luk v. Canada (Citizenship and Immigration)

Court

Federal Court

Federal Court dismissed a judicial review of a study permit refusal, finding the officer reasonably concluded the applicant had not shown he would leave Canada at the end of his stay and that no procedural fairness breach was proved.

• Study permit
• Dual intent
• Temporary resident
• Irpr paragraph 216(1)(b)
• Irpa section 22(2)
• Public policy stream a

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Fisher Direct Ltd. v. Minister of Fisheries and Aquaculture

Court

Supreme Court of Nova Scotia

The Minister acted within provincial jurisdiction and the process afforded was procedurally fair, but the licence amendments imposed were grossly disproportionate and arbitrary given the facts, lack of clear justification for departing from precedent and the nature of the offence; the decision was a palpable and overriding error, appeal allowed, decision set aside and matter remitted for reconsideration.

Source excerpt

• Licence amendment
• Ultra vires
• Procedural fairness
• Sufficiency of reasons
• Reasonableness review
• Deterrence

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Bhujel v. Canada (Citizenship and Immigration)

Court

Federal Court

Federal Court dismisses judicial review of a refused H&C application, finding no procedural unfairness and concluding the officer reasonably weighed hardship, establishment, and past credibility findings.

• Humanitarian and compassionate application
• Judicial review
• Procedural fairness
• Credibility findings
• Country conditions
• Standard of review

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Sandhu v. Canada (Citizenship and Immigration)

Court

Federal Court

Federal Court allowed judicial review of a work permit refusal, finding the officer's language-skill analysis unreasonable. The matter was remitted to a different officer.

• Work permit refusal
• Language requirements
• Lmia assessment
• Reasonableness review
• Remittal
• Work-permit-refusal

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Ugboh v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court dismissed a judicial review of an immigration refusal, finding the officer reasonably concluded the applicant had not proved the required work experience and that no procedural fairness breach occurred.

• Permanent residency application
• Express entry profile changes
• Eligibility criteria (mec) under irpr s75(2)
• Natural justice / procedural fairness
• Reasonableness review (vavilov)
• Immigration-law

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Ekama v. Canada (Citizenship and Immigration)

Court

Federal Court

Application for judicial review dismissed where the Federal Court held the applicant failed to provide mandatory employer evidence for Federal Skilled Worker eligibility.

• Federal skilled worker
• Express entry
• National occupational classification (noc)
• Judicial review
• Reasonableness standard
• Bias

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Kwanyi v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court allowed judicial review of a refused H&C application, finding procedural unfairness in the interview record, interpreter use, and fairness letter.

• Humanitarian and compassionate grounds
• Misrepresentation and inadmissibility
• Procedural fairness (interpreter and record of interview)
• Remittal for reconsideration
• Procedural-fairness
• Immigration

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Canada (Attorney General) v. Zone3-XXXVI Inc.

Court

Federal Court of Appeal

The Court held that the Minister’s refusal to issue the certificate was reasonable: the exclusion for productions "in respect of a game, questionnaire or contest" is sufficiently broad to encompass the production at issue and the Minister’s decision fell within the range of acceptable outcomes; procedural fairness obligations were minimal and satisfied by the advance notice and opportunity to respond; the Federal Court erred in setting aside the denial and the appeal is allowed, dismissing the application for judicial review.

Source excerpt

• Judicial review
• Statutory interpretation
• Ministerial discretion
• Tax credit eligibility
• Legitimate expectation

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