Federal Court of Appeal hears tax, labour, intellectual property cases

Federal Court deals with proceedings involving allegations of discrimination and unjust dismissal

Federal Court of Appeal hears tax, labour, intellectual property cases

This week, parties before the Federal Court of Appeal are challenging decisions of the Canada Industrial Relations Board, the Canadian Nuclear Security Commission, the Federal Public Sector Labour Relations and Employment Board, and the Tax Court of Canada.

Federal Court of Appeal

On Tuesday, the court will hear GCT Canada Limited Partnership v. ILWU Ship and Dock Foremen Local 514 et al, A-150-23. The applicant challenged the Canada Industrial Relations Board’s decision, which varied the ministerial delegate’s direction and found a contravention of s. 135(7)(e) of the Canada Labour Code, 1985.

On Tuesday, the court will hear Democracy Watch v. Attorney General of Canada, A-169-21. This judicial review application questioned the conflict of interest and ethics commissioner’s decision, which allegedly had factual and legal errors and failed to observe a natural justice principle.

On Wednesday, the court will hear Leonard B. French v. The Royal Canadian Legion (Dominion Command), A-158-23. The appellant alleged a factual error in interpreting the copyright registration of “Poppy Dalmatian Puppy.”

On Wednesday, the court will hear Power Workers' Union et al. v. Attorney General of Canada et al, A-184-23. This appeal concerned the Canadian Nuclear Security Commission’s decision to approve a regulatory document on managing alcohol and drug use.

On Thursday, the court will hear Maria Pillon v. His Majesty the King, A-61-23. The appellant challenged the Tax Court of Canada’s dismissal of an appeal from notices of assessment and reassessment of income tax.

On Thursday, the court will hear Attorney General of Canada v. Louise Lyons, A-277-22. This judicial review application questioned the Federal Public Sector Labour Relations and Employment Board’s order for the Correctional Service of Canada to pay the respondent $310,000 in aggravated and punitive damages.

Federal Court

On Monday, the court will hear Jamie Morton v. The Royal Bank of Canada et al., T-2033-22. The application challenged an adjudication under Division XIV, Part III of the Canada Labour Code in which the adjudicator denied the applicant’s unjust dismissal claim.

On Tuesday, the court will hear the cases of Abdi Ismail v. Attorney General of Canada, T-87-23 and Ashraf Bouab v. Attorney General of Canada, T-325-23. These judicial review applications questioned decisions of the Warkworth Institution Disciplinary Court’s independent chairperson finding the applicants guilty of the disciplinary offence of failing or refusing to provide a urine sample when demanded.

On Tuesday, the court will hear 6358403 Canada Inc. et al c. Affaires Mondiales Canada, T-2552-22. The judicial review application challenged Global Affairs Canada’s ruling that the applicants were related companies and were eligible for only one allowance per year.

On Wednesday, the court will hear Ronald C. Waldie v Canada Revenue Agency, T-1554-22. This judicial review application related to the Canada Recovery Benefit.

On Thursday, the court will hear Julian Clark V. Minister of Innovation, Science and Industry et al., T-1107-23. The applicant alleged that a decision of the Minister of Innovation, Science and Industry was invalid or unlawful.

On Thursday, the court will hear Çolakoglu Metalurji A.S. et al. v. Altasteel Inc. et al., T-1199-23. This judicial review application questioned the Canada Border Services Agency’s decision relating to a re-investigation on concrete reinforcing bars originating in or exported from the Republic of Türkiye.

On Thursday, the court will hear Norvena Breaker v. His Majesty the King in Right of Canada, T-272-22. This proposed class proceeding alleged that the Crown discriminated against First Nations children based on race or ethnic origin.

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