The Federal Court struck Chris Hughes’s application challenging a nil tax reassessment, holding the dispute belonged in the tax appeal system and not judicial review.
The court dismissed a civil contempt application over delayed compliance with a CRT order, extended the deadline, upheld contingency-fund borrowing, and awarded Scale B costs.
The court dismissed judicial review of a CRT order requiring removal of an unauthorized balcony awning and found the petitioner in contempt for not complying.
The court fined a strata owner $5,000 for civil contempt over continued short-term rentals, but declined immediate conduct of sale and adjourned that issue pending costs.
Interpreting the consent agreement as a whole and in light of the Competition Act and evidentiary record, clause 3(e)(ii)/(iii) does not require CREA to permit direct public linkage from REALTOR.ca to private seller contact information nor does it prohibit CREA from requiring that pages linked from REALTOR.ca not display seller contact information on the landing page; on the evidence CREA's rules do not, in their application, prevent or discriminate against mere postings and the Commissioner failed to prove otherwise on a balance of probabilities, so the motion is dismissed.
Source excerpt
Consent agreement interpretation
Abuse of dominant position
Enforcement of tribunal orders
Mls systems and realtor.ca linking policies
Discrimination against alternative business models
The Court affirmed the Federal Court’s conclusion that there was no breach of the CHRT order requiring an offer to reenroll, adopting the reasoning of Prothonotary Tabib and Justice Manson, and dismissed the appeal.
The Tribunal concluded it lacks statutory authority under the current Social Security Tribunal Regulations to grant the Minister's requested order; the PAB's prior rule-based authority to issue such orders was not carried forward into the SST Regulations, therefore the request to allow the appeal and dismiss the disability application for non-compliance must be dismissed.
Federal Court dismissed Ali Tahmourpour’s contempt motion, holding that the Crown cannot be found in contempt and the record showed no prima facie breach by the named RCMP officials.
Because the Federal Court of Appeal allowed the commissioner's appeal and granted relief under s.74.1, and because Minto Roy was unrepresented (so two counsel were not justified), the Tribunal ordered restitution of $10,500 to the commissioner and assessed the commissioner's recoverable costs at $33,631.18.
The Tribunal has jurisdiction to enforce an undertaking as to damages given in support of interim relief under s.104 of the Competition Act, pursuant to s.8 of the Competition Tribunal Act, because enforcement is incidental and necessary to the power to grant interlocutory relief; however the Tribunal retains equitable discretion to refuse an inquiry into damages and, given Westco's deliberate and flagrant breach of the Interim Order, motivated by prospect of financial gain and defeating the purpose of the order, special circumstances exist to deny Westco leave to enforce the undertaking.