The ability of the Crown to address issues raised generally in previous cases enables the government to effectively fight organized crime. However, the accused is entitled to the application of issue estoppel where the contentious issue has already been resolved in their favour in a prior proceeding. In R v Punko, 2012 SCC 39, the [...]

As earlier reported in TheCourt.ca‘s Amici Curiae, infamous alleged war criminal Léon Mugesera was extradited back to Rwanda and charged with genocide planning, genocide incitement, and distribution of arms earlier this year.  This was not, however, before Mr. Mugesera made final attempts to throttle his deportation order from Canada before the Federal Court and the [...]

As excitement builds for U.S retailer Target Corp.’s anticipated launch in Canada, one tiny hiccup awaits the company at the border: a trade-marks lawsuit.  Isaac Benitah, who owns Canadian retailers such as Fairweather and International Clothiers, has filed a $250-million lawsuit in the Federal Court against Target Corp. and an injunction preventing the American company [...]

On December 23, 2010 the SCC released its long-awaited decision in Canada (Attorney General) v. TeleZone Inc. 2010 SCC 62 (Telezone). This decision finally puts to rest the contentious debate over whether private law actions involving the decisions of federal administrative decision makers must be first adjudicated by way of judicial review in the Federal [...]

Over the holidays, in a series of concurrently released decisions, the Supreme Court of Canada considered how a citizen could sue the Crown to financially recover on a wrong committed by an administrative decision maker. The question before the Court was whether one may bring the action directly, or did the lawfulness of the Crown’s [...]

Last month, the Federal Court of Appeal, in Antle v. Canada, 2010 FCA 280 [Antle 2010], upheld the Tax Court of Canada decision in Antle v. The Queen, 2009 TCC 465 [Antle 2009], finding that an offshore spousal trust was not valid. Both courts agreed that the primary purpose of the spousal trust was to [...]

Whatever Your Politics… George Galloway is an alarming man. When he is interviewed on television, renowned and regularly resolute broadcasters succumb to trembling in trepidation. Although he possesses a cheeky grin and charming Scottish lilt, he is loud, blunt, and, on occasion, exceptionally rude. Although some find the former Member of the British Parliament to [...]

In recent weeks, the Federal Court of Appeal has sent two cases back to the Tax Court of Canada for rehearing. In GlaxoSmithKline Inc. v. The Queen, 2010 FCA 201 (discussed here), the Court of Appeal found that Rip C.J. erred by misunderstanding the application s. 69(2) of the Federal Income Tax Act, R.S.C. 1985, [...]

In December of this year, the SCC is scheduled to decide if the Canadian Human Rights Tribunal (“CHRT”) has the authority to award legal costs under the Canadian Human Rights Act, R.S.C. 1985, c. H-6 (“CHRA”). In Mowat v. Canadian Armed Forces, 2006 CHRT 49, the complainant, Donna Mowat, alleged that while a member of [...]

Last month, the Federal Court of Appeal released its judgment in Lehigh Cement Limited v. Canada, 2010 FCA 124. This is the latest decision from the Court of Appeal dealing with the application of the General Anti-Avoidance Rule (“GAAR”) within the Federal Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.) (“ITA”). The appeal court [...]