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Digests

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Thursday, October 26, 2017 @ 8:32 AM

NATURAL JUSTICE - Duty of fairness - Procedural fairness - Hearings - Practice and procedure

Appeal by the Crown from a judicial review judgment in favour of the respondent, Royal Canadian Mounted Police (RCMP) Constable McBain. ... [read more]

Wednesday, October 25, 2017 @ 8:35 AM

FEDERAL INCOME TAX - Administration and enforcement - Collection - Third-party assessments - Non-arm's length transfer

Appeal by Brassard from a Tax Court decision dismissing his appeal from an assessment finding him jointly liable for his brother's federal income tax debt. ... [read more]

Wednesday, October 25, 2017 @ 8:32 AM

JURISDICTION - Determination of - Forum conveniens - Procedure for determining

Appeal by the plaintiff, Fernandes, from dismissal of his action against the defendant, Wal-Mart for lack of jurisdiction. ... [read more]

Tuesday, October 24, 2017 @ 8:38 AM

PRIVATE PENSION PLANS - Membership - Eligibility - Appeals and judicial review

Application by Hiscocks for judicial review of a decision of the Financial Services Tribunal denying his request that it direct the Superintendent of Financial Services to permit him to retroactively purchase pensionable service from his former employer. ... [read more]

Tuesday, October 24, 2017 @ 8:35 AM

CHILD PROTECTION - Protective agencies - Child in need of protection - Practice and procedure - Courts - Statutory authority - Discovery - Production and inspection of documents

Appeal by Child and Family All Nations Coordinated Response Network (ANCR), a child protection agency, from the dismissal of its application for an order compelling the respondent telecommunications company, Shaw Communications Inc. (Shaw), to provide customer information associated with an internet protocol (IP) address. ... [read more]

Monday, October 23, 2017 @ 8:45 AM

EMPLOYEE RIGHTS AND BENEFITS - Benefits - Disability - Entitlement

Appeal by the Union from the dismissal of its application for judicial review of grievance arbitration board (Board) decision. ... [read more]

Monday, October 23, 2017 @ 8:40 AM

MAINTENANCE AND SUPPORT - Child support - Calculation or attribution of income - Spousal support - Considerations - Agreement - Circumstances where order refused

Appeal by the wife from denial of spousal support and imputation of income. ... [read more]

Friday, October 20, 2017 @ 8:31 AM

OIL AND GAS - Pipelines - Right of way

Appeal by Coldwater Indian Band (Coldwater) from the dismissal of its application for judicial review of a decision by the Minister of Indian Affairs and Northern Development (Minister), consenting to the assignment of the easement indenture from one affiliate of Kinder Morgan Canada Inc. (Kinder Morgan) to another affiliate. ... [read more]

Friday, October 20, 2017 @ 8:28 AM

DISCOVERY - Examination for discovery - Undertakings - Deemed or implied - Production and inspection of documents - Evidence in other proceedings

Appeal by NS of a decision that dismissed his motion for a declaration that he was not prohibited from using discovery evidence to impeach the evidence of a witness in a related criminal proceeding. ... [read more]

Thursday, October 19, 2017 @ 2:07 PM

EXCLUSION (INADMISSIBLE PERSONS) - Grounds for inadmissibility - Criminality

Appeal by Tran from a judgment of the Federal Court of Appeal setting aside a decision granting the judicial review of a decision by the Minister to refer a report concerning Tran’s admissibility to the Immigration Division. ... [read more]