Canada Case Law

Airbnb, Inc. v. Ware

Court

British Columbia Court of Appeal

Court of Appeal: (1) Dismissed Airbnb, Inc.'s appeal of the chambers judge's dismissal of its jurisdictional objection because Airbnb, Inc. contracted with Canadian Guests prior to June 30, 2014, establishing territorial competence; (2) Allowed Airbnb Canada's appeal and dismissed the claim against it because the pleadings and evidence did not establish a real and substantial connection to British Columbia (Airbnb Canada only provided marketing/support under service agreement); (3) Allowed appeal from certification: chambers judge correctly found pleaded causes of action were not plainly boun…

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• Certification under class proceedings act s.4
• Territorial jurisdiction (cjpta)
• Forum non conveniens
• Statutory illegality
• Restitution vs disgorgement
• Preferable procedure analysis

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Community Trust Company v. Canada (Attorney General)

Court

Federal Court

The Federal Court allowed CTC’s appeal, set aside the FCAC Commissioner’s decision, and remitted the matter for redetermination on the AMP and Violation 2.

• Administrative monetary penalties
• Financial consumer protection
• Retroactivity and continuing breach
• Procedural fairness
• Remittal
• Administrative-monetary-penalties

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Austin Jewellers v. Canada (Attorney General)

Court

Federal Court

The Federal Court dismissed Austin Jewellers’ appeal from FINTRAC penalties, finding no palpable and overriding error in the Director’s assessment or penalty analysis.

• Administrative monetary penalties
• Compliance program requirements
• Risk assessment obligations
• Compliance agreements
• Standard of review
• Administrative-monetary-penalties

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Ware v. Airbnb, Inc.

Court

Supreme Court of British Columbia

Class proceeding certification granted in part against Airbnb on alleged statutory and contractual illegality in accommodation rental services; abuse of process and jurisdiction challenges dismissed.

• Certification
• Territorial jurisdiction
• Abuse of process
• Statutory illegality
• Unjust enrichment
• Breach of contract

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Norwich Real Estate Services Inc. v. Financial Transactions and Reports Analysis Centre of Canada

Court

Federal Court

Federal Court allowed an appeal against a FINTRAC administrative monetary penalty, setting it aside and remitting the matter for redetermination.

• Administrative monetary penalty
• Suspicious transaction reporting
• Statutory interpretation
• Procedural fairness
• Remittal for redetermination
• Administrative-monetary-penalty

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Montecristo Jewellers Inc. v. Canada (Attorney General)

Court

Federal Court

The Federal Court dismissed Montecristo Jewellers’ appeal on three FINTRAC violations, but allowed it on the training-program violation and quashed that penalty.

• Suspicious transaction reporting
• Compliance program requirements
• Risk assessment
• Administrative monetary penalties
• Statutory interpretation
• Suspicious-transaction-reporting

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Château d'Ivoire Stores Inc. v. Canada (Attorney General)

Court

Federal Court of Appeal

The Federal Court of Appeal upheld the Federal Court: disclosure under Rule 317 is generally limited to material that was before the decision‑maker; here there was no evidence the Director unlawfully delegated her decision‑making or used delegation to shield documents, and the Federal Court’s factual findings were not palpably overriding, so the motion for broader disclosure was properly dismissed.

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• Document disclosure
• Rule 317 federal courts rules
• Delegation of decision‑making
• Procedural fairness
• Standard of review

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Re/MAX All-Stars Realty Inc. v. Financial Transactions and Reports Analysis Centre of Canada

Court

Federal Court

Federal Court dismissed Re/MAX All-Stars Realty Inc.’s statutory appeal from a FINTRAC administrative monetary penalty for failing to provide required compliance documents.

• Administrative monetary penalty
• Compliance examinations
• Standard of review
• Statutory appeal
• Procedural fairness
• Administrative-monetary-penalty

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Amable v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court upheld an inadmissibility finding under IRPA s. 37(1)(b), holding the officer reasonably relied on FINTRAC intelligence and bank records.

• Inadmissibility under irpa s.37(1)(b)
• Transnational criminality
• Money laundering
• Fintrac intelligence and reliability
• Procedural fairness
• Standard of review - reasonableness

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Canadian Imperial Bank of Commerce v. Canada

Court

Federal Court of Appeal

The Tax Court made contradictory and irreconcilable findings about the nature and Visa supply that constituted a palpable and overriding error; correcting that error, the supply by Visa to CIBC falls within the inclusions of the Excise Tax Act and was not established to be an excluded "administrative service" under the Regulations, so the supply is a financial service and the Tax Court judgment must be set aside and assessments referred back for reconsideration.

Source excerpt

• Definition of financial service
• Administrative service exclusion
• Person at risk
• Compound supply
• Reassessment/refund

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