Angela Furlanetto

The defendant Ryan Dean brought a motion for summary judgment to remove himself as a party to an action involving alleged trademark infringement by CICC.

The plaintiff alleged Dean was personally liable for sending a letter soliciting members to join CICC.

The Court dismissed the motion, finding genuine issues for trial regarding Dean's role within CICC, the transmission of the letter, and its impact, which required credibility assessments.

The applicant, a citizen of the Philippines, sought judicial review of a decision denying her application for permanent residence on humanitarian and compassionate grounds and her alternate request for a temporary resident permit.

The Federal Court found the officer's decision unreasonable for overemphasizing her lack of status while failing to meaningfully engage with her circumstances, including alleged exploitation by a recruitment agency and speculative conclusions about her employment prospects in the Philippines.

The application for judicial review was granted.

The applicant, claiming to be a citizen of Somalia fleeing persecution from Al-Shabaab, sought judicial review of a Refugee Appeal Division (RAD) decision confirming the Refugee Protection Division's (RPD) denial of his refugee claim.

The RAD found the applicant failed to establish his identity with acceptable evidence and was not credible, as his Ugandan-issued Somali passport and national identity card did not comply with the processes outlined in the National Documentation Package for Somalia.

The Federal Court reviewed the RAD's decision on a reasonableness standard and found the RAD's assessment of the identity documents and credibility issues to be transparent, intelligible, and justified.

The application for judicial review was dismissed.

The applicant sought judicial review of a decision refusing his application for permanent residence under the Spouse or Common-law Partner in Canada class due to criminal inadmissibility.

The applicant alleged procedural fairness was breached because the officer failed to consider a request for an extension of time to file a rehabilitation application, which he claimed was sent via email.

The Court held that the applicant failed to establish that the extension request was properly received and pending before the officer, noting the lack of identifiers on the email, the absence of acknowledgement, and the lack of follow-up.

The application for judicial review was dismissed.

The applicant, a citizen of China, applied for judicial review of a decision of the Refugee Appeal Division confirming the Refugee Protection Division's denial of his refugee claim based on credibility.

The applicant alleged fear of persecution following complaints about land expropriation and corruption.

The RAD found inconsistencies in the applicant's testimony regarding meetings with officials and when he learned the Public Security Bureau was pursuing him.

The RAD also found his delay in leaving China undermined his subjective fear.

The Federal Court held the RAD's credibility findings were reasonable and dismissed the application.

The defendant in a patent infringement action under the PMNOC Regulations moved to amend its Statement of Defence to add new grounds of invalidity and prior art references not included in its Notice of Allegation.

The court found that the PMNOC Regulations do not strictly limit the issues in the proceeding to those raised in the NOA.

The amendments were allowed as they were already in play in a related proceeding and did not cause significant prejudice.