Canada Case Law

Fridman Et Al. v. Canada (Minister of Foreign Affairs) Et Al.

Court

Federal Court of Appeal

The appeals are dismissed because the Minister's decisions not to recommend delisting were reasonable: the statutory term "family member" is plain and unqualified in paragraph 2(d) of the Russia Regulations; the connecting phrase "in relation to" admits a broad connection; the Minister considered the appellants' submissions in light of the statutory objectives and the prevention of sanctions evasion, and there were no reasonable grounds to recommend removal.

Source excerpt

• Standard of review
• Ultra vires
• Definition of family member
• Delisting from sanctions list
• Reasonableness of administrative decision

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Makarov v. Canada (Foreign Affairs)

Court

Federal Court of Appeal

Given the legislative scheme granting wide discretion in foreign affairs and sanctions, the Minister reasonably concluded on the record that Makarov remained an associate of the Russian regime and that his distancing evidence was inadequate; the Minister's reasons and the detailed record render the decision reasonable and not subject to judicial substitution, so the appeal is dismissed.

Source excerpt

• Judicial review
• Reasonableness standard
• Ministerial discretion
• Definition of associate
• Delisting of sanctions
• Foreign affairs deference

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Petersen Energía Inversora, S.A.U. v. Argentina

Court

Court of Appeal for Ontario

The Ontario Court of Appeal quashed Argentina’s appeal, holding the service-validity order was interlocutory and not appealable as of right.

• Service of process
• State immunity act ss.9(1)(c) and 9(2)
• Hague service convention
• Interlocutory v final order
• Appeal route and jurisdiction
• Service-of-process

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Zahrebelnyi v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court dismissed judicial review of an inadmissibility refusal, holding that “subversion” in IRPA s. 34(1)(b.1) can include resisting democratic change.

• Inadmissibility
• Subversion
• Security grounds
• Procedural fairness
• Abuse of process
• Certified question

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Emmanuel Rangit v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court granted judicial review, finding the RAD unreasonably ignored evidence that the applicants’ Italian residence permits had lapsed and could not be renewed.

• Article 1e exclusion
• Status in third country
• Reasonableness review (vavilov)
• Permit lapse and renewal
• Shamlou test
• Zeng test

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Melnichenko v. Canada (Foreign Affairs)

Court

Federal Court

The Federal Court dismissed judicial review of the Minister’s refusal to delist Andrey Igorevich Melnichenko under the Russia sanctions regulations.

• Judicial review
• Reasonableness standard and deference
• Interpretation of statutory term 'associate'
• Delisting procedure under schedule 1
• Role of charter values in interpretation
• Judicial-review

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Canada (National Revenue) v. Shopify Inc.

Court

Federal Court

The Federal Court held the Convention on Mutual Administrative Assistance in Tax Matters was not incorporated into ITA s. 231.2(3), and dismissed the Minister’s UPR application.

• Unnamed persons requirement (upr)
• Income tax act s.231.2
• Incorporation of treaties into domestic law
• Convention on mutual administrative assistance in tax matters
• Judicial discretion and feasibility of production orders
• Ascertainability of target groups

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Haida Tourism Limited Partnership (West Coast Resorts) v. Canada (Ship-Source Oil Pollution Fund)

Court

Federal Court of Appeal

The motion for a stay was dismissed because, although the appeal raised non-frivolous issues, the Appellant failed to establish irreparable harm under the RJR test; the Court distinguished prior authority (Fibrogen) and held that potential mootness of the appeal alone did not satisfy the irreparable harm requirement in this factual context.

Source excerpt

• Oil pollution
• Statutory compensation
• Issue estoppel
• Stay pending appeal
• Interpretation of the marine liability act
• Bunkers convention defence

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Thomas v. Thomas

Court

Court of Appeal for Ontario

The appeal was allowed because the application judge misapplied the legal standard and burden for acquiescence under the Hague Convention; acquiescence was not established by clear and cogent evidence or shown to be unequivocal, and therefore the child must be returned forthwith to his habitual residence in Balch Springs, Texas.

Source excerpt

• Acquiescence
• Habitual residence
• Return of child
• Standard of proof
• Burden of proof
• Costs

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Thompson v. Canada

Court

Federal Court

The Federal Court granted Amnesty Canada leave to intervene in a proposed class proceeding, but limited it to legal submissions on international law and barred extra evidence.

• Intervention
• Certification
• Judicial notice of international law
• Section 15 charter
• Preferable procedure
• Motion to strike

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