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Ontario Court of Appeal upheld enforcement of a Dubai-seated arbitral award, holding the agreement incorporated amended rules and Article V of the New York Convention was not breached.
The Federal Court dismissed Mr. Ahmadzai’s judicial review of a refusal under an Afghan resettlement public policy, following an earlier similar decision on judicial comity.
The Federal Court dismissed a mandamus application seeking faster TRV processing under the Gaza temporary public policy, finding biometrics had not been provided and no clear right was established.
The Federal Court dismissed a judicial review of refusals under a temporary public policy for Türkiye and Syria, finding the physical-presence requirement reasonable and no unfairness.
The Court of Appeal allowed the appeal and stayed the employment dispute in favour of arbitration, holding the chambers judge erred on fresh consideration, public policy, and the brick wall analysis.
The court upheld the motion judge's certification determination that the driver-associate (DA) group could not establish a common employer relationship between Amazon and 126 autonomous DSPs and that the shared use of the Flex App did not create common issues; therefore the DA class failed s.5(1)(c) and preferable procedure criteria and certification was denied, rendering appellate consideration of the stay unnecessary and the appeal dismissed.
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GAC owed a public legal duty to assess expressions of interest submitted to the designated GAC mailbox prior to the Policy cap being reached; the applicant satisfied the Apotex mandamus test (demand, reasonable time, express/implied refusal through unreasonable delay, lack of adequate alternative remedy and practical effect), so mandamus was warranted to compel GAC to process the August 3, 2021 expression of interest within 30 days and, if referred, to compel IRCC to process the referral and any subsequent application within 30 days each; to render the remedy effective the Court directed that…
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The Federal Court dismissed judicial review of an open work permit refusal, finding the officer reasonably applied the 2023 public policy and no procedural unfairness occurred.
The court held a trust removal clause was not uncertain, but it was contrary to public policy. The trustee’s removal of a beneficiary was not a breach of duty.
The appeal is dismissed because the motion judge correctly applied the competence-competence framework and its exceptions (legal/mixed questions suitable for superficial documentary review and the Uber 'brick wall' impediment of inaccessibility) and permissibly found the arbitration clause void as contrary to public policy and unconscionable given the clickwrap standard-form contract, unilateral amendment power, repeated relocation of forum and law to distant fora (including Hong Kong), and prohibitive arbitration costs that rendered the forum effectively inaccessible to typical class members…
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