Sentences with phrase «of federal court of appeal»

In a statement today, TREB says it has filed an application to the Supreme Court for leave to appeal the Feb. 3, 2014 decision of the Federal Court of Appeal that would send the case back to the Competition Tribunal.

The CITT made its recommendation following a decision of the Federal Court of Appeal, in an attempt to resolve what has been a very public battle between Envoy and the Department of Public Works and Government Services Canada (PWGSC).

TREB disagrees with the decision of the Federal Court of Appeal and will be seeking leave to appeal the decision together as well as an order staying the decision pending the outcome of that appeal, if granted.

I have posted already on the controversy surrounding the nomination of Nadon J.A., a judge of the Federal Court of Appeal, to the Supreme Court of Canada.

Mr. Justice Nadon is the Chair of the Federal Court of Appeal Education Committee and served for many years as a member of the Federal Courts Rules Committee, as well as other court committees.

From 1993 - 2001, he served as a judge of the Federal Court of Canada, Trial Division and as an ex officio member of the Federal Court of Appeal.

[120] The assessment cites the decision of the Federal Court of Appeal in Harb v. Canada (Minister of Citizenship and Immigration), 2003 FCA 39, in support of a statement that «membership in an organization implies the existence of an institutional link between the organization and an individual, accompanied by more than a nominal involvement in the activities of the organization».

LeNoury now faced the unenviable task of trying to overturn two subsequent lower judgments written by two respected workhorses: Justice James O'Reilly of the Federal Court of Canada and Justice David Stratas of the Federal Court of Appeal.

Anticipating controversy, the PMO has asked former Justice Ian Binnie to opine on the eligibility of a Federal Court of Appeal Judge who had before appointment, practised for over a decade at the Barreau du Québec, to be appointed to one of the three «Québec seats» on the court under s. 6 of the Supreme Court Act..

«If there is any whiff of credibility there is a line of Federal Court of Appeal cases that say you can't decide it if credibility is an issue.»

Justice Pelletier, of the Federal Court of Appeal, rejected this argument.

Mr. Justice Nadon is currently a judge of the Federal Court of Appeal, where he has served since 2001.

The Ad Hoc Committee consisted of seven parliamentariansDerek Lee, Liberal MP for Scarborough - Rouge River Sue Barnes, Liberal MP for London West Denis Paradis, Liberal MP for Brome - Missisquoi Vic Toews, Conservative MP for Provencher Peter MacKay, Conservative MP for Central Nova Richard Marceau, Bloc Québécois MP for Charlesbourg Joe Comartin, New Democratic Party MP for Windsor - Tecumseh and two non-political, legal expertsJulian Porter, Law Society of Upper Canada Chief Justice of the Federal Court of Appeal John Richard, Canadian Judicial Council.

David Stratas is a judge of the Federal Court of Appeal Introduction The views expressed in this post are the author's own and are offered for education and discussion purposes only.

Last week, at the Canadian Constitution Foundation's Law and Freedom 2016 conference, Justice David Stratas of the Federal Court of Appeal delivered a fascinating lecture called «The Decline of Legal Doctrine.»

Central to the decision was the decision of the Federal Court of Appeal in Johnstone, which was summarized on this blog in the post Employers Must Accommodate Parents - What It Means.

A recent decision of the Federal Court of Appeal («FCA») has muddied the waters regarding the role of the administrative tribunals in Crown - Aboriginal consultation and effectively diminished the duty of tribunals to assess the adequacy of Crown consultation in respect of project applications before them.

In Dutch Industries, a 2003 decision of the Federal Court of Appeal held that a patent application on which «small entity» payments had been incorrectly made rather than large entities was deemed abandoned.

[3] These questions arise in the context of the appointment under s. 6 of the Honourable Marc Nadon, a supernumerary judge of the Federal Court of Appeal and formerly, but not at the time of this appointment, a member of the Quebec bar of more than 10 years standing.

The primary basis for this conclusion was the 2011 decision of the Federal Court of Appeal in Corlac Inc v Weatherford Canada Inc., 2011 FCA 228 which in the relevant portion focused on statements made by an applicant to the patent office during prosecution.

The appeal is from a judgment of the Federal Court of Appeal: Canada (Prime Minister) v. Khadr, 2009 FCA 246 (CanLII), which in turn was an... [more]

On September 30, 2013, the Prime Minister announced the nomination of Mr. Justice Marc Nadon, a supernumerary judge of the Federal Court of Appeal, to the Supreme Court of Canada.

As a member of the Federal Court of Appeal just prior to his appointment on Friday, Mainville J.A. is not currently a member of the Quebec bar.

The court's decision appeared to be rooted in respect for the Constitution and the integrity of the Supreme Court Act, but some questioned why a judge of the Federal Court of Appeal, especially one appointed to reflect a Quebec perspective, would ever be considered ineligible for one of the province's seats on the Supreme Court.

Mr. Justice Stratas of the Federal Court of Appeal recently described administrative law as a machine that... has many moving parts, the interrelationship of which often is not understood....

The Honourable Joseph T. Robertson, Q.C., formerly of the Federal Court of Appeal (1992 - 2000), the New Brunswick Court of Appeal (2000 - 2014) and Jurist - in - Residence with the Faculty of Law, University of New Brunswick (2014 - 2017).

This time, a six - to - one majority of the Court has ruled that the Prime Minister's attempt to appoint Mr. Justice Marc Nadon, a supernumerary justice of the Federal Court of Appeal who, prior to his appointment to the Federal Court, had been an advocate of the Province of Quebec for more than 10 years, was not constitutional and his swearing in was void.

Justice Webb of the Federal Court of Appeal dismissed the motion.

David and his team had written a bulletin at the time of the Federal Court of Appeal decision, which you can read here.

Last month, the Supreme Court of Canada granted leave to appeal a judgment of the Federal Court of Appeal that overturned a determination of the Public Service Labour Relations and Employment Board (the «PSLREB») that not compensating employees for on - call hours violated section 7 of the Canadian Charter of Rights and Freedoms (the «Charter»).

The question had been resolved by a previous decision of the Federal Court of Appeal.

In 2012, the moot was named after the late Chief Justice of the Federal Court of Appeal, Julius Alexander Isaac, the first Black judge to sit on the Federal Court of Canada.

He served as law clerk to Mr. Justice John Evans of the Federal Court of Appeal of Canada.

From October 2006 to December 2009, he served as a judge of the Federal Court of Appeal.

[54] On the other hand, the position of the Federal Court of Appeal, which held that the tribunal was answering a question of general law of central importance to the legal system as a whole, seems equally plausible.

The recent judgment of the Supreme Court of Canada in Armada Lines Ltd. v. Chaleur Fertilizers Ltd. overturned the decision of the Federal Court of Appeal.

The TransCanada decision came only a few days after the decision of the Federal Court of Appeal ordering the federal government to renegotiate the terms under which the Trans Mountain pipeline crosses a First Nations reserve in British Columbia, raising new questions about the fate of Kinder Morgan Inc.'s federally approved plan to expand the pipeline.

He remains a supernumerary judge of the Federal Court of Appeal.

Mr. Justice Marshall Rothstein of the Federal Court of Appeal has been nominated by Prime Minister Harper to fill the vacancy on the Supreme Court of Canada.

«[4] In our view, the answer to this question is no: a current judge of the Federal Court of Appeal is not eligible for appointment under s. 6 as a person who may be appointed «from among the advocates of that Province».

Marc Noël, a former tax lawyer and judge of the Federal Court of Appeal, has been appointed chief justice of the appeal court.

This week, the Supreme Court of Canada will hear four appeals, including Rocco Galati's constitutional challenge of Federal Court of Appeal Justice Robert Mainville to the Quebec Court of Appeal, as well as a business appeal that will determine whether patent proceedings can be used to delay expiry.

One of the drafters of the Charter was, at the time, Federal Assistant Deputy Minister of public law, Mr. Barry Strayer, Q.C. who later went on to become a much respected judge of the Federal Court of Appeal.

In a recent decision, Justice Stratas of the Federal Court of Appeal raised a host of questions about the applicability of the Supreme Court of Canada's re-shaping of judicial review doctrine to decisions taken by discretionary decision - makers: [19] I am inclined to find that the Director is subject to this «normal» or -LSB-...] Read more

As a judge of the Federal Court of Appeal, Nadon was not a judge of either of the Quebec Courts referenced in the Supreme Court Act.

Decisions of the Federal Court of Appeal and of the Federal Court published in the official reports since 1993 are also available on the Web site.

Nadon, a judge of the Federal Court of Appeal, was appointed as one of three jurists that the law requires comes from Quebec.

Readers of this blog, and others who follow Canadian politics and law, will know that there is some controversy surrounding the appointment, by the Prime Minister of Canada, of Mr. Justice Nadon, of the Federal Court of Appeal (FCA), to the Supreme Court of Canada to fill the vacant Quebec position.

In addition to his experience acting for and before administrative tribunals, Michael is a past law clerk to a Judge of the Federal Court of Appeal, and is the co-author of the legal reference text Standards of Review of Federal Administrative Tribunals, published by Butterworths.

The Prime Minister asks this Court to reverse the decision of the Federal Court of Appeal requiring the Canadian government to request the United States to return Mr. Khadr from Guantanamo Bay to Canada.