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Canada Case Law

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Administrative law 2025 FC 2010

Ibrahim v. Canada (Citizenship and Immigration)

The Federal Court set aside a citizenship revocation decision, holding the Minister bore the burden of proof, fairness required an oral hearing and disclosure, and the delay warranted a permanent stay.

  • Citizenship revocation
  • Misrepresentation
  • Burden of proof
  • Procedural fairness - oral hearing
  • Disclosure obligations
  • Delay and abuse of process
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Human rights law 2025 CHRT 40

Irlam v. Telus Communications Inc.

The Tribunal dismissed Telus’s motion to dismiss, finding the settlement did not clearly resolve the workplace discrimination allegations and delay had not been shown to make a hearing unfair.

  • Disability
  • Gender identity or expression
  • Sex
  • Sexual orientation
  • Termination
  • Settlement and res judicata
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Immigration law 2025 FC 214

Tejedas v. Canada (Public Safety and Emergency Preparedness)

Federal Court dismissed a judicial review of an IRPA s. 44 referral as premature, holding the applicant had an adequate remedy before the Immigration Division.

  • Delay and abuse of process
  • Prematurity principle / adequate alternative remedy
  • Section 44 irpa referrals
  • Stay of administrative proceedings
  • Jurisdiction of immigration division
  • Judicial-review
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Immigration law 2024 FC 843

Teklay v. Canada (Public Safety and Emergency Preparedness)

The Federal Court dismissed a judicial review of a refugee-status vacation decision, finding the RPD reasonably identified misrepresentation and that delay was not properly raised below.

  • Misrepresentation
  • Vacation of refugee status
  • Delay and abuse of process
  • Standard of review
  • Evidence submission and adducing post-hearing evidence
  • Refugee-status-vacation
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Human rights 2024 CHRT 15

Koke v. Corus Entertainment Inc. and Chris Gailus

The Tribunal lacks jurisdiction to review or substitute its interpretation for the Commission's exercise of discretion under s.41(1)(e); the delay was not shown to be inordinate nor to have caused significant prejudice or an abuse of process, therefore the respondents' motions to dismiss and to strike are dismissed and production orders are granted.

  • Sexual harassment
  • Timeliness
  • Delay and abuse of process
  • Jurisdiction of tribunal vs commission
  • Disclosure/production
  • Successor liability
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Civil procedure 2023 ONCA 515

College of Physicians and Surgeons of Ontario v. Kilian

Costs were awarded on a substantial indemnity basis in the amount of $16,000 because the motion to add intervenors was part of a strategy to delay the s.87 application and caused significant unnecessary expenses and delay; the amount is fair and reasonable and payable within 30 days.

  • Intervenor motion
  • Substantial indemnity costs
  • Delay and abuse of process
  • Section 87 application
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Administrative law 2023 BCSC 640

Sandhu v. Fraser Valley Real Estate Board

The court dismissed a judicial review of FVREB discipline, finding no breach of reasonable expectations, adequate notice under the Act, and no procedural unfairness from delay.

  • Oppression remedy (s.102 societies act)
  • Notice requirements (s.70(3) societies act)
  • Delay and abuse of process
  • Standards for internal disciplinary proceedings
  • Appeal procedure of voluntary associations
  • Judicial-review
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Construction law 2022 BCSC 1172

Troico Home Solutions & Manufacturing Inc. v. Kandakou

The court refused to cancel a builders lien for delay, but ordered it discharged on payment of full security equal to the lien amount.

  • Builders lien act
  • Cancellation of lien
  • Certificate of pending litigation
  • Security for lien
  • Delay and abuse of process
  • Compliance with court rules
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Civil procedure 2020 BCSC 2228

Sarband v. Joubin

The court refused to reopen a trial to admit proposed bank records and parent evidence, finding no miscarriage of justice and no likely change to the result.

  • Reopening trial
  • Fresh evidence
  • Separation agreement enforcement
  • Costs
  • Delay and abuse of process
  • Reopening-trial
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Administrative law 2020 BCCA 221

Diaz-Rodriguez v. British Columbia (Police Complaint Commissioner)

The Court of Appeal restored a notice of public hearing under the Police Act, holding that delay did not amount to abuse of process and the Commissioner’s decision was reasonable.

  • Delay and abuse of process
  • Reasonableness review
  • Police oversight
  • Public hearing under police act s.138
  • Administrative-law
  • Judicial-review
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.