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Canada Case Law

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Civil procedure 2025 BCCA 316

Choi v. Blower

The Court of Appeal dismissed an application to extend time to seek leave to appeal a stay order, holding the proposed appeal was bound to fail.

  • Rule 20-2(4) litigation guardian
  • Extension of time
  • Procedural fairness
  • Disability accommodations
  • Stay of proceedings
  • Public guardian and trustee
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Social security 2025 SST 1479

EM v Minister of Employment and Social Development

L.G. did not meet the statutory MQP: her contributory period (after exclusions) made the one‑third threshold exceed 10 years, so the 10‑year rule applied, and she had valid contributions in only five years—insufficient to qualify the appellant for CPP death or survivor benefits.

  • Canada pension plan
  • Cpp death benefit
  • Cpp survivor benefit
  • Minimum qualifying period
  • Charter challenge (not pursued)
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Criminal law 2020 SCC 36

R. v. Slatter

The Supreme Court of Canada restored a sexual assault conviction, holding the trial judge’s reasons were sufficient and warning against overreliance on generalized disability evidence.

  • Credibility and reliability
  • Reasons for judgment
  • Expert evidence
  • Sexual assault
  • Vulnerable witnesses
  • Criminal-law
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Administrative law 2020 FC 942

Robinson v. Canada (Attorney General)

The Federal Court set aside the denial of Dana Robinson’s MSO authorization, finding the decision engaged s. 15 Charter rights but failed to consider them.

  • Section 15 charter equality
  • Owner-operator policy
  • Medical substitute operator (mso)
  • Commercial fisheries licensing policy (1996)
  • Standards of review (dorĂ©, vavilov)
  • Judicial review remedies
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Human rights 2020 CHRT 21

Hughes v. Transport Canada

The Tribunal exercised its discretion to grant a limited adjournment until the Federal Court of Appeal issues reasons in the appeal of Justice LeBlanc’s decision because the outstanding issue is narrow (end date for lost wages), there is no apparent prejudice to the parties from a limited delay, the complainant has already received substantial partial monetary payment, and an FCA decision may eliminate or clarify the Tribunal’s role; a sine die adjournment was refused as speculative and prejudicial to expeditious resolution.

  • Adjournment
  • Remedy
  • Lost wages
  • Instatement
  • Judicial review
  • Stay pending appeal
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Human rights 2020 CHRT 10

Taylor (on behalf of Kevin Taylor) v. Aboriginal Affairs and Northern Development Canada and Health Canada

The request to indefinitely adjourn was denied because the Tribunal must proceed expeditiously and only in exceptional circumstances will it suspend hearings with no end date; parties cannot condition settlement payments and research funding on the Tribunal agreeing to an indefinite adjournment when those commitments can be pursued without suspending the Tribunal process and after more than five years of mediation no exceptional circumstances justified an indefinite stay.

  • Adjournment
  • Settlement
  • Tribunal procedure
  • Systemic discrimination
  • Access to services
  • Mediation
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Human rights law 2018 NSCA 31

Canadian Elevator Industry Welfare Trust Fund v. Skinner

The Court allowed the appeal and set aside the Board of Inquiry's finding of discrimination because the Board applied an incorrect analytical approach, failed to require or demonstrate a connection that the denial was "based on" the complainant's disability, and unreasonably substituted individual medical need for the statutory comparator/factor analysis; the Board's decision fell outside a range of reasonable outcomes and was legally unreasonable.

  • Indirect discrimination
  • Prima facie test
  • Based on/factor connection
  • Accommodation
  • Benefit plan coverage limits
  • Standard of review
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Immigration law 2010 FC 1132

Enriquez v. Canada (Citizenship and Immigration)

Federal Court dismissed a judicial review, finding no breach of procedural fairness in accommodations for a hearing-impaired claimant and no error in the state protection analysis.

  • Judicial review
  • Natural justice
  • State protection
  • Vulnerable persons
  • Accommodation for disability
  • Judicial-review
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Immigration law 2010 FC 587

Saporsantos Leobrera v. Canada (Citizenship and Immigration)

On judicial review of an H&C refusal, the Federal Court held that dependent adults are not “children” for s. 25 IRPA and that relevant evidence had been wrongly removed.

  • Best interests of the child
  • Definition of child vs dependent
  • Humanitarian and compassionate discretion (s.25 irpa)
  • Judicial review - reasonableness
  • Evidentiary review and summary dismissal
  • Judicial-review
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Immigration 2010 FC 179

Dena Hernandez v. Canada (Citizenship and Immigration)

The Federal Court allowed judicial review of a refugee refusal, set aside the decision, and ordered a redetermination by a different member.

  • Credibility findings
  • State protection
  • Persecution vs discrimination
  • Reasonable apprehension of bias
  • Remittal for re-hearing
  • Access to education for disabled children
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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.