R. v. Zadi
The Ontario Court of Appeal quashed Ala Zadi’s attempted bail-review appeal for want of jurisdiction, holding no federal statutory appeal right exists.
- Bail
- Jurisdiction
- Right of appeal
- Charter issues
- Bail review
- Right-of-appeal
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Pepa v. Canada (Citizenship and Immigration)
The Court held that, for s. 63(2) IRPA, the visa-holding requirement is assessed at arrival in Canada, not when the removal order is issued.
- Judicial review
- Standard of review
- Statutory interpretation
- Right of appeal
- Immigration appeal division jurisdiction
- Removal orders
British Columbia (Assessor of Area #14 – Surrey/White Rock) v. Fraser Park Realty Ltd.
The Court of Appeal dismissed an application for lack of jurisdiction, holding there is no appeal to the court from a Supreme Court opinion given on a s. 64 Assessment Act reference.
- Right of appeal
- Stated case/reference to supreme court
- Construction of ss.64-65 assessment act
- Jurisdiction of court of appeal
- Appellate-jurisdiction
- Statutory-interpretation
Nordik Windows Inc. v. Aviva Insurance Company of Canada
The appeal was quashed because the motion judge dismissed the limitation period motion without granting declaratory relief or finally determining the limitation defence; read as a whole the reasons show no final determination, therefore the order is interlocutory and appealable only to the Divisional Court with leave.
Source excerpt
- Limitation periods
- Interlocutory vs final orders
- Right of appeal
- Certification
- Costs
R. v. Jean
The fresh evidence established a reasonable possibility that, had the appellant understood the immigration consequences of his plea, he would have acted differently; therefore the plea was uninformed, the fresh evidence is admissible, and the conviction must be set aside with a new trial ordered.
Source excerpt
- Guilty plea
- Informed plea
- Fresh evidence
- Removal order
- Inadmissibility
- Sentencing
992704 Ontario Limited v. British Columbia (Attorney General)
The Court of Appeal dismissed an application to quash an appeal, holding that the Attorney General had standing to appeal after appearing in the judicial review below.
- Standing
- Party status
- Role of the attorney general
- Judicial review procedure
- Right of appeal
- Judicial-review
Pepa v. Canada (Citizenship and Immigration)
The Federal Court dismissed judicial review of an exclusion order and IAD jurisdiction ruling, finding no procedural unfairness and holding the visa had expired before the order.
- Misrepresentation
- Exclusion order
- Procedural fairness
- Right of appeal
- Visa validity
- Duty of candour
Gokey v. Usher
The Court of Appeal held it had no inherent jurisdiction to hear the small claims appeals and quashed them, rejecting the appellants’ constitutional challenge.
- Right of appeal
- Inherent jurisdiction
- Section 15 charter equality
- Small claims act
- Court of appeal act
- Right-of-appeal
R. v. Pineda
Fresh evidence was admissible and established that the appellant was not informed of the specific and serious immigration consequence of deportation without a right of appeal; counsel did not advise the specifics and the appellant did not wilfully blind himself; the appellant established prejudice because he would have elected to stand trial, therefore the guilty pleas were set aside and a new trial ordered.
Source excerpt
- Guilty plea validity
- Legally relevant collateral consequences
- Fresh evidence
- Wilful blindness
- Deportation
- Right of appeal
Lawrence v. Canada (Citizenship and Immigration)
The Federal Court held that the sponsor had no right of appeal to the IAD because that right arose only when the visa was refused, after the FRFCA amendment.
- Right of appeal
- Transitional provisions
- Jurisdiction
- Inadmissibility for serious criminality
- Faster removal of foreign criminals act
- Immigration-law
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