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La Cour fédérale rejette la révision judiciaire de Sylvain Cormier et confirme l’inadmissibilité à la PCU et à la PCRE fondée sur ses revenus de location à court terme.
The Court of Appeal upheld a Secure Unit disposition and the electronics supervision clause, but reinstated omitted privilege clauses in one part of the appeal.
Permission to appeal was refused because there is no arguable case that the General Division made an important error of fact; the uncontested evidence showed the Applicant accumulated only 533 hours (below the 600-hour minimum) between benefit periods, so the General Division correctly upheld the Commission's judicial reconsideration and renewal of the first benefit period.
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The Federal Court dismissed a judicial review of the CRA’s refusal to grant a second review of CERB/CRB eligibility, finding the request was out of time and the decision reasonable.
The Federal Court of Appeal held the CIRB's decision was reasonable: s.128 allows an employee to report a work refusal orally and does not compel participation in employer investigatory meetings or completion of forms; once a valid work refusal is established the burden shifts to the employer and discipline imposed before all investigations and appeals are concluded cannot be justified under s.147.1; the Board did not breach procedural fairness by deciding without an oral hearing under s.16.1 and the application for judicial review was dismissed with costs.
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The pith and substance of s.3.1 of the Fertilizers Act is a prohibition of fertilizers and supplements that present a risk of harm to human, animal or plant health or the environment; that subject matter falls within Parliament’s concurrent power over agriculture (s.95) and the impugned Regulations (s.2.1) and Memorandum are lawful because they provide an intelligible standard, do not constitute an illegal subdelegation or disguised regulation, and are not overbroad under Charter s.7; accordingly the Federal Court’s dismissal of judicial review was correct and the appeal is dismissed.
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Contrôle judiciaire rejeté en matière de PCRE et de PCTCC: la Cour fédérale juge raisonnable la conclusion de l’ARC selon laquelle le demandeur n’avait pas prouvé le revenu minimal requis.
Federal Court dismissed a judicial review challenge to a Refugee Appeal Division decision, finding no procedural fairness breach in reliance on the updated NDP for India.
The Federal Court fixed costs at $21,723 all inclusive, rejecting a Rule 420 doubling claim and finding the applicant’s conduct justified a higher Tariff B award.
The Court dismissed the judicial review because the CCRI reasonably concluded on the available record that no hearing was necessary, the evidence and the signed transaction established that the applicant knew of and consented to the settlement, and there was no reasonable basis to find a conflict of interest or arbitrary or bad faith conduct by the union or its counsel; therefore no intervention was warranted under the reasonableness standard.
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