Canada Case Law

Commission de l’assurance emploi c VL

Court

Social Security Tribunal of Canada

The Appeal Division held the General Division erred in law by concluding s.38(1) excluded the monthly payments from X; s.38(1) by its amended wording applies only to payments "paid to the claimant as an insured" (i.e. from insured employment), and because X's payments were not so paid the provision does not exclude them from remuneration. The appeal is allowed and the matter is remitted to the General Division to reconsider allocation under ss.35–36.

Source excerpt

• Interpretation of s.38 of the employment insurance regulations
• Treatment of third‑party maternity/parental payments
• Allocation (repartition) of remuneration under ss.35–36
• Eligibility of self‑employed workers for ei supplements

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Sharifigoofli v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court dismissed judicial review of a refused work permit, finding the officer reasonably assessed the startup business plan, funding, staffing, and premises evidence.

• International mobility program
• Global skills strategy
• Significant benefit (r205(a))
• Business plan assessment
• Reasonableness review
• Visa officer deference

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Le v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court dismissed judicial review of refusals under the Start-Up Visa Program, finding the officer reasonably concluded the applications were artificial transactions aimed at obtaining status.

• Start‑up visa program
• Artificial transactions (s.89 irp regulations)
• Qualifying business (s.98.06 irp regulations)
• Standard of review — reasonableness (vavilov)
• Assessment of business plans and financial projections
• Designated entity role and commitment certificates

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Khashaki v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court dismissed judicial review of a refused self-employed visa application, holding the officer reasonably assessed the business plan and related concerns.

• Self-employed persons class
• Business plan assessment
• Standard of review - reasonableness
• Language ability and employability
• Economic and cultural contribution
• Judicial-review

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The Law Society of British Columbia v. Yen

Court

British Columbia Court of Appeal

The Court of Appeal held the lawyer breached Rule 3-60(a)(ii) by failing to record the source of three trust deposits in a central record, but that breach did not amount to professional misconduct.

• Rule 3-60(a)(ii) interpretation
• Professional misconduct test (marked departure)
• Trust account recordkeeping obligations
• Appeal jurisdiction and powers of appellate court
• Sanctions and penalty review
• Professional-discipline

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Thibodeau v. Greater Toronto Airports Authority

Court

Federal Court

The Federal Court held that GTAA breached official-language duties for a press release, CIBC signage and advertising, and a Booster Juice play-area sign.

• Official languages act
• Official languages regulations s.12
• Travelling public services
• Third‑party contractors
• Remedies and damages
• Official-languages-act

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Hammoud v. The King

Court

Tax Court of Canada

Appellant failed to prove on a balance of probabilities that she built the property with a settled intention to use it as her primary place of residence because the evidence was weak and contradictory, the property was listed for sale during construction (March 2020) which undermined claimed intention, and the appellant did not demolish the Minister’s assumptions; therefore the statutory condition in s.256(2)(a) (and s.46(2)(a)) was not satisfied and the rebate must be denied.

Source excerpt

• New housing rebate
• Primary place of residence
• Burden of proof in tax appeals
• Assessment and reassessment

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Karimi v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court granted judicial review of three refused start-up business class work permits, finding the officer’s reasons on departure intent and funds were unreasonable.

• Start-up business class
• Work permit (international mobility program)
• Reasonableness standard
• Dual intent
• Proof of funds / lico
• Commitment certificate

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Akintunde v. Canada (Citizenship and Immigration)

Court

Federal Court

Federal Court dismissed an application for judicial review of an Express Entry refusal, finding no procedural unfairness and no unreasonableness in the Officer’s misrepresentation analysis.

• Misrepresentation
• Inadmissibility
• Procedural fairness
• Reasonableness review
• Express entry
• Employment disclosure

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Geddes v. Air Canada

Court

Nova Scotia Small Claims Court

The adjudicator found the cancellation resulted from a mechanical malfunction that had to be grounded for safety and was therefore outside the carrier’s control; the defendant demonstrated it took reasonable mitigation measures (rebooking) and the claimant did not prove the repairs were unreasonably delayed or that alternate aircraft were a feasible option, so no compensation under APPR s.19 was owed.

Source excerpt

• Air passenger protection regulations
• Flight cancellation compensation
• Mechanical malfunction
• Burden of proof
• Mitigation obligations

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