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Canada Case Law

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Residential tenancy 2025 BCSC 2340

Leung v. Kung

The court allowed judicial review of an RTB decision, holding the arbitrator patently unreasonably ranked motives and failed to grapple with alleged ulterior motive evidence.

  • Good faith eviction
  • Landlord's use
  • Ulterior motive
  • Patent unreasonableness
  • Procedural fairness
  • Hearsay admissibility
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Administrative law 2025 FC 1227

Powless v. Canada (Attorney General)

The Federal Court granted judicial review, finding ISC unreasonably narrowed Jordan’s Principle when it denied mold-remediation funding for two First Nations grandchildren with asthma.

  • Jordan's principle
  • Substantive equality
  • Procedural fairness
  • Judicial review
  • Remedy and remittal
  • Advocacy funding
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Administrative law 2025 CF 558

Forex-Afrique c. Canada (Procureur général)

La Cour fédérale accueille le contrôle judiciaire de Forex-Afrique, juge la décision ministérielle déraisonnable pour absence d’analyse du conflit d’intérêts allégué et renvoie l’affaire pour nouvelle décision.

  • Standing
  • Adequacy of reasons
  • Procurement conflict of interest
  • Remedy and remittal
  • Judicial-review
  • Procurement-conflict-of-interest
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Administrative law 2024 BCSC 2199

Rivi Opportunity Fund LP v. British Columbia (Chief Gold Commissioner)

Judicial review of a Mineral Tenure Act s. 67 refusal. The court found the Chief Gold Commissioner’s reasons were unreasonable and remitted the matter, but no procedural unfairness occurred.

  • Restoration of forfeited mineral claims
  • Section 67 mineral tenure act
  • Reasonableness review
  • Procedural fairness
  • Decision‑making reasons requirement
  • Remedy and remittal
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Employment insurance 2024 SST 1248

KK v Canada Employment Insurance Commission

The General Division committed an error of jurisdiction by failing to consider whether the Commission exercised its discretion under s.52 of the EI Act in a judicial manner; because neither party was asked to make submissions on that distinct issue, the appropriate remedy is to remit the matter to the General Division for reconsideration so the issue can be addressed.

  • Maternity and parental benefits
  • Reconsideration under s.52 ei act
  • Overpayment recovery
  • Judicial exercise of discretion
  • Remedy and remittal
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Administrative law 2024 FC 859

Fournier v. Canada (Attorney General)

Judicial review of CERB and CRB eligibility was allowed. The Federal Court found the CRA decision unreasonable and procedurally unfair, but rejected the bias allegation.

  • Cerb
  • Crb
  • Canada revenue agency review
  • Reasonableness standard (vavilov)
  • Bias and reasonable apprehension of bias
  • New evidence on judicial review
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Administrative law 2024 FC 731

Holita v. Canada (Attorney General)

The Federal Court granted, by consent, Susan Holita’s judicial review, set aside ESDC’s acceptance of an investigative report, and remitted the matter for redetermination.

  • Procedural fairness
  • Investigative report review
  • Remedy and remittal
  • Costs
  • Judicial-review
  • Procedural-fairness
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Administrative law 2024 BCSC 511

Victoria Teleport Corporation v. Office of the Chief Gold Commissioner

The court set aside a decision cancelling mineral claims because the holder was not given clear notice of the issues it had to meet, and sent the matter back for rehearing.

  • Mineral tenure act s.40
  • Cancellation of mineral claims
  • Procedural fairness (notice of case to meet)
  • Burden of proof/onus in administrative complaints
  • Remedy and remittal
  • Interested person definition
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Administrative law 2023 BCSC 2372

Lin v. Li

The court held the Residential Tenancy Branch decision patently unreasonable for failing to address a COVID-19 repayment-plan amount, quashed it, and remitted the matter.

  • Judicial review
  • Reasonableness standard
  • Remedy and remittal
  • Eviction and possession
  • Repayment plan
  • Costs
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Election law 2023 FC 1289

Meeches v. Wilson

The Federal Court granted judicial review, finding the election appeal committee acted unfairly and unreasonably by failing to consider the Electoral Officer’s Response before dismissing the appeal.

  • Procedural fairness
  • Judicial review
  • Remedy and remittal
  • Admissibility of evidence
  • Bootstrapping
  • Custom election act interpretation
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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.