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Canada Case Law

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Immigration law 2019 FC 1096

Hassan v. Canada (Immigration, Refugees and Citizenship)

The Federal Court allowed judicial review of a refused provincial-nominee visa application, holding the officer failed to apply the Canada–PEI Agreement’s mandatory presumption.

  • Provincial nomination
  • Standard of review - reasonableness
  • Interpretation of canada-province immigration agreements
  • Substitution of administrative decision
  • Remittal
  • Provincial-nomination
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Immigration 2015 FC 1109

Ransanz v. Canada (Public Safety and Emergency Preparedness)

Federal Court held a visa officer could refuse a Quebec investor application for lack of intent to reside in Quebec, but breached fairness by ignoring key evidence.

  • Permanent resident visa
  • Investor class
  • Quebec selection (csq)
  • Jurisdiction to refuse
  • Standard of review
  • Duty to consult
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Administrative law 2010 FC 121

Francoeur v. Canada (Treasury Board)

The Federal Court dismissed Francoeur’s judicial review, holding that the Public Service Superannuation Act offset applied because he was entitled to a Quebec disability pension, even though it was paid to the SAAQ.

  • Superannuation
  • Disability pension offset
  • Statutory interpretation
  • Judicial review time extension
  • Judicial-review
  • Statutory-interpretation
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Administrative law 2008 FC 1304

Anisman v. Canada (Border Services Agency)

The Federal Court dismissed a jurisdictional motion and a cross-motion arising from an LCBO mark-up collected by CBSA, holding the dispute turned on provincial law.

  • Jurisdiction of federal court
  • Agency authority
  • Federal-provincial agreements
  • Liquor mark-up collection
  • Judicial review procedure
  • Federal-court-jurisdiction
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Administrative law 2004 FC 460

Kenny v. Canada (Attorney General)

The Federal Court quashed a CPP deduction decision because the record did not show the mandatory written provincial agreement required by the Regulations.

  • Canada pension plan
  • Cpp disability benefits
  • Assignment and deduction of benefits
  • Ministerial discretion
  • Regulatory compliance
  • Standard of review
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Constitutional law C39479

Canada Mortgage and Housing Corporation v. Iness

The impugned provision s.2(9) of the Operating Agreement is a valid exercise of Parliament's exclusive spending power under s.91(1A) and forms part of the unassailable core of that power; therefore by virtue of interjurisdictional immunity the Ontario Human Rights Code does not apply to CMHC or to s.2(9), and the Board of Inquiry had no jurisdiction to add CMHC as a respondent.

  • Federal spending power
  • Interjurisdictional immunity
  • Jurisdictional characterization
  • Applicability of provincial human rights legislation
  • Conditions of federal grants
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Workers' compensation 2003 NSCA 103

Cape Breton Development Corporation v. Morrison Estate

GECA incorporates provincial workers' compensation 'rates and conditions' that are reasonably incidental to compensation and not in conflict with GECA; s.187 of the Nova Scotia Workers' Compensation Act is such a provision and therefore applies to federal employees under GECA. WCAT correctly applied s.187 to resolve evenly balanced medical evidence in favour of the claimant and awarded survivor benefits; the appeal is dismissed.

  • Benefit of the doubt (s.187)
  • Government employees compensation act (geca)
  • Causation for survivor benefits
  • Evidentiary presumptions in compensation law
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Constitutional law 2001 FCT 239

Canada (Commissioner of Official Languages) v. Canada (Department of Justice)

The Federal Court held that the Commissioner and AJEFO had standing, found Part IV OLA and Charter language-rights breaches in the Contraventions Act scheme, and granted mandatory relief.

  • Official languages act
  • Contraventions act
  • Criminal code ss.530 and 530.1
  • Delegation of prosecutorial authority
  • Section 25 ola
  • Charter ss.16-22
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Administrative law 1998 NSCA 122

Harbour Authority of Port Hood v. Smith

Because the Harbour Authority was a tenant in possession under a valid lease, invoiced the respondent and provided berthage, the adjudicator did not err in finding an implied contract to pay; accordingly the claim arose under contract and within the Small Claims Court's s.9 jurisdiction. The appeal to this Court was permissible because the action was commenced before the statutory abolition of further appeals; Supreme Court decision was set aside and the Small Claims judgment restored.

  • Jurisdiction
  • Lease of federal property
  • Harbour user fees
  • Statutory v. contractual rights
  • Appealability
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Administrative law [1995] 2 SCR 895

British Columbia (Milk Board) v. Grisnich

The Supreme Court of Canada held that a board with concurrent provincial and federal powers need not specify on the face of each order the source of its authority.

  • Subordinate legislation
  • Delegation of legislative power
  • Administrative jurisdiction
  • Milk marketing levies
  • Inter‑delegation/joint delegation
  • Administrative-law
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