Federal Court of Appeal case law
Judgments from the Federal Court of Appeal with a plain-English summary, the legal holding and frequently asked questions. The original content is public and official; the summaries and analysis are produced by VadeLab's technology.
Federal Court Upholds Dismissal for Undue Delay Under Rule 167
Federal Court of Appeal Denies Input Tax Credits for Rewards Program Expenses
Costs Assessment in Federal Court Appeal
The Federal Court of Appeal assessed the costs of an appeal based on the complexity and importance of the issues involved, following the Federal Courts Rules.
Costs Assessment for Patent Infringement Appeals in Federal Court of Appeal
Federal Court of Appeal Upholds Decision on Access to Information Act Request
Federal Court of Appeal Overturns Tribunal Decision on Prohibited Weapon Classification
The Federal Court of Appeal overturned a decision by the Canadian International Trade Tribunal regarding the classification of a folding knife as a 'prohibited weapon'. The Court ruled that the importer must prove that the goods do not fall under the category of 'prohibited weapons' and that any applicable exclusions apply.
Federal Court of Appeal Upholds Denial of Extension for Judicial Review Application
In this case, the Federal Court of Appeal upheld the denial of an extension of time for filing a judicial review application. The court ruled that the appellant did not provide sufficient evidence to meet the necessary criteria for obtaining an extension.
Employer Can Use Bona Fide Purchaser Defence Against Unpaid Deductions - Federal Court of Appeal
This case involves an appeal where the court determined that a person who received funds from an employer’s property sale, unaware of the employer’s failure to remit certain taxes, can use the bona fide purchaser for value defence to protect themselves against claims by the government. The decision clarifies how tax law applies in such situations.
Federal Court of Appeal Rules Tax Court Lacks Jurisdiction Over Downward Transfer Pricing Adjustments
In this case, the Federal Court of Appeal ruled that the Tax Court of Canada does not have the power to review the Minister's decision to refuse a downward transfer pricing adjustment. The court emphasized that the Tax Court's jurisdiction is limited under the Income Tax Act.
Federal Court Upholds Board's Decision on Lawyer's Salary Progression
The Federal Court of Appeal recently upheld a decision by the Board regarding how a lawyer's salary should progress after a promotion. The court agreed with the Board's interpretation that the lawyer's new position was not governed by performance pay, but rather followed a fixed pay progression system.
Federal Court of Appeal Overturns Unreasonable Sexual Harassment Decision
The Federal Court of Appeal overturned a decision by the Canada Industrial Relations Board, ruling that the Board's conclusion that an employee's conduct did not constitute sexual harassment was unreasonable. The Court emphasized the importance of adhering to established case law when evaluating claims of sexual harassment in the workplace.
Federal Court of Appeal Reverses Decision on PMIs Under CEPA
The Federal Court of Appeal reversed the Federal Court's decision that plastic manufactured items (PMIs) were not a 'substance' under the Canadian Environmental Protection Act (CEPA) and that the Order was unreasonable. The Court ruled that the Order was reasonable and aligned with the statutory requirements.
Federal Court Upholds Refusal to Reissue Aquaculture Licenses
Federal Court of Appeal Upholds Amendment of Patent Infringement Claim
Federal Court of Appeal Rejects Judicial Review of Collective Bargaining Decision
Federal Court of Appeal Upholds Partial Disclosure of Sensitive Records
In this case, the Federal Court of Appeal decided to uphold the Federal Court's ruling allowing partial disclosure of sensitive information to a judge while keeping it from the applicant, due to national security concerns.
Federal Court Upholds Decision on Ambiguous Patent Claims
In a recent decision, the Federal Court of Appeal upheld the ruling that certain patent claims were invalid because they were too ambiguous. The court emphasized the importance of clear definitions in patent claims to ensure they provide adequate notice to the public.