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Immigration law 2024 FC 2052

Amini v. Canada (Citizenship and Immigration)

The Federal Court granted judicial review of a work permit refusal, finding the officer unreasonably ignored key submissions about GCKey access, consultant fraud, and innocent mistake.

  • Work permit
  • Labour market impact assessment (lmia)
  • Fraud
  • Misrepresentation
  • Innocent mistake exception
  • Reasonableness review
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Immigration law 2024 FC 1002

Mohammadi Rouzbahani v. Canada (Citizenship and Immigration)

The Federal Court granted judicial review of a study permit refusal, finding the officer’s reasons inadequately addressed the applicant’s family ties and return intentions.

  • Study permit
  • Temporary residence
  • Reasonableness review
  • Family ties
  • Vavilov standard
  • Study-permit
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Immigration law 2024 FC 706

Kashani v. Canada (Immigration Refugees and Citizenship)

Judicial review of a study-permit refusal dismissed. The Court found the officer reasonably viewed the MBA as redundant and reasonably assessed family ties.

  • Study permits
  • Reasonableness review
  • Family ties
  • Study plan/benefit of further education
  • Temporary residence
  • Study-permits
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Administrative law 2022 BCSC 324

Vossi v. British Columbia (Superintendent of Motor Vehicles)

The court upheld an immediate roadside prohibition, finding that some credibility flaws in the adjudicator’s reasons were not enough to make the decision unreasonable.

  • Immediate roadside prohibition (irp)
  • Reasonableness standard of review
  • Evidentiary credibility
  • Breath screening device reliability
  • Reasonableness-standard
  • Immediate-roadside-prohibition
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Criminal law 2021 ONCA 710

Gibson (Re)

The Court upheld the Board's conditional discharge finding as reasonable because the Board properly applied the statutory/Winko framework and accepted expert evidence that the appellant's active psychosis, entrenched delusions, lack of insight, chronic cannabis use and high likelihood of discontinuing treatment if absolutely discharged created a significant and manageably mitigable risk only by imposing conditions.

  • Not criminally responsible (ncr)
  • Significant threat to public safety
  • Discharge with conditions
  • Risk assessment
  • Expert evidence
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Criminal law 2020 YKCA 1

R. v. Larue

The Yukon Court of Appeal dismissed an application to reopen a criminal appeal, holding it lacked jurisdiction after the appeal had been decided and the order entered.

  • Reopening appeals
  • Functus officio
  • Miscarriage of justice
  • Statutory appeal rights
  • Ministerial review under part xxi.1
  • Functus-officio
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Criminal law 2018 ONCA 357

Duquette (Re)

The Court dismissed the appeal: the Ontario Review Board's finding that the appellant posed a significant threat to public safety was supported by credible expert and hospital evidence (notably Dr. Prakash's testimony of symptom worsening and increased risk), the Board's reasons were adequate, and no legal error warranted an absolute discharge.

  • Not criminally responsible (ncr)
  • Disposition review
  • Significant threat to public safety
  • Absolute discharge
  • Expert psychiatric evidence
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Immigration law 2018 FC 324

Tuiran v. Canada (Citizenship and Immigration)

The Federal Court dismissed judicial review of a TRV refusal, finding procedural fairness was met and the officer reasonably concluded the applicant was inadmissible for misrepresentation.

  • Misrepresentation
  • Temporary resident visa
  • Procedural fairness
  • Standard of review
  • Inadmissibility
  • Visa cancellation
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Administrative law 2017 FC 155

Varadi v. Canada (Attorney General)

The Federal Court upheld the revocation of Julius Varadi’s transportation security clearance, finding the decision reasonable, procedurally fair, and not barred by legitimate expectations.

  • Security clearance
  • Procedural fairness
  • Legitimate expectation
  • Reasonableness standard of review
  • Transportation security clearance policy
  • Procedural-fairness
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Administrative law 2010 BCSC 1542

Vickers v. British Columbia (Superintendent of Motor Vehicles)

Judicial review of a four-month driver’s licence prohibition was dismissed. The Court found the decision reasonable under Dunsmuir and held the reasons adequate.

  • Driver's licence suspension
  • Reasonableness review
  • Driver improvement program
  • Adequacy of reasons
  • Judicial-review
  • Drivers-licence-suspension
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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.