Canada Case Law

Rogers Communications Canada Inc. v. Timeless Inc.

Court

Federal Court of Appeal

The Commission's remedy ordering staff‑assisted mediation and, if unsuccessful, final offer arbitration was a reasonable, discretionary response to an undue preference finding; its reasons were adequate when read in context, Rogers waived its complaint about new evidence, and claims that the Commission lacked power or was functus officio were either not raised below or unpersuasive; appeal and judicial review are dismissed.

Source excerpt

• Undue preference
• Remedies
• Alternative dispute resolution
• Judicial review
• Reasons for decision
• Functus officio

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Aung v. Canada (Attorney General)

Court

Federal Court

The Federal Court quashed CRA decisions denying CERB and CRCB, finding the process unreasonable and procedurally unfair, and remitted the matter for redetermination.

• Procedural fairness
• Reasonableness review
• Remedies
• Judicial review of administrative decisions
• Cerb/crcb eligibility
• Procedural-fairness

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Federation of Asian Canadians Toronto v. Asialicious Holdings Inc.

Court

Federal Court

FACT succeeded in part on passing off over ASIALICIOUS. The Court found FACT had prior goodwill, rejected the defendants’ prior-use claim, and granted a narrow injunction and nominal damages.

• Goodwill
• Distinctiveness
• Contemporaneous use
• Misrepresentation
• Likelihood of confusion
• Remedies

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Poundmaker Cree Nation v Stonestand

Court

Federal Court

The Federal Court quashed a Poundmaker Cree Nation election appeal tribunal decision for jurisdictional error, procedural unfairness, and reasonable apprehension of bias.

• Procedural fairness
• Bias
• Jurisdiction
• Remedies
• Election appeals
• Procedural-fairness

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Rose et al. v. Correctional Service of Canada

Court

Canadian Human Rights Tribunal

The Tribunal denied the Respondent’s motion, holding that monetary remedies for alleged victims did not exceed the scope of this representative CHRA complaint.

• Discrimination
• Representative complaints
• Remedies
• Systemic discrimination
• Compensation for pain and suffering
• Human-rights

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Cain v. Correctional Service of Canada

Court

Canadian Human Rights Tribunal

The Tribunal partly granted a motion to strike and for particulars, removed some SOP paragraphs, allowed a conditional harassment amendment, and ordered further particulars.

• Racial discrimination
• Harassment
• Scope of complaint
• Particulars
• Remedies under section 53
• Amendment of complaint

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First Nations Child and Family Caring Society of Canada and Assembly of First Nations v. Attorney General of Canada (representing the Minister of Indigenous and Northern Affairs Canada)

Court

Canadian Human Rights Tribunal

The Tribunal granted the Assembly of Manitoba Chiefs, the Southern Chiefs’ Organization Inc. and Our Children, Our Way Society limited interested-party status subject to strict conditions.

• First nations child and family services
• Jordan's principle
• Interested party status
• Proportionality
• Systemic discrimination
• Remedies

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Wright v. Wright

Court

Court of Appeal for Ontario

The Ontario Court of Appeal enforced a property partnership agreement, severed an uncertain proceeds clause, and rejected claims of undue influence, fiduciary breach, and unconscionability.

• Specific performance
• Undue influence
• Fiduciary duty
• Unconscionability
• Severability
• Option to purchase

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Sidhu & Robert Kopeck v. International Longshore and Warehouse Union Local 500

Court

Canadian Human Rights Tribunal

The Tribunal struck the Union’s Notice of Constitutional Question, holding the Charter challenge to Income Tax Regulations was not necessary to decide the discrimination case.

• Age discrimination
• Charter challenge
• Jurisdiction
• Remedies
• Pension regulations
• Notice of constitutional question

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Chow v. The Toronto-Dominion Bank

Court

Canadian Human Rights Tribunal

The Tribunal dismissed Mr. Chow’s disclosure motion, holding TD had no further investigation documents to produce and the seven Guide resources were not arguably relevant.

• Disclosure
• Arguable relevance
• Proportionality
• Remedies
• Unconscious bias
• Age discrimination

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