Examining the Efficacy of IRCC’s Use of AI

A recent article[1] discusses how IRCC has begun the process of modernizing Canada’s immigration system by integrating more AI and advanced data analytics. This is at least partly in response to the rising number of applications per year – IRCC making double as many decisions in 2022 than in 2021. As AI is used for more types of applications, IRCC’s position is that this use of technology will “better meet the needs of clients and Canada” including increasing processing efficiency and reducing employees’ workload. IRCC Minister is quoted as saying the decision to accept or reject an application is always…

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Refused a Work Permit

Reasons Work Permits Are Refused And How You Can Change It A work permit is a document issued by Immigration, Refugees and Citizenship Canada (IRCC) that authorizes a foreign national to enter and remain in the country for the purpose of working for an eligible Canadian employer. A work permit has a validity period, being a range within which the authorization is effective. A generic work permit specifies what particular employer the applicant may work for, for what period of time and in what location. A spousal open work permit is where the applicant has a spouse who either works…

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Refused a Visitor Visa?

How visitor visas are rejected and what you can do about it A visitor visa is a document issued by Immigration, Refugees and Citizenship Canada (IRCC) that authorizes a foreign national to enter and remain in the country. A visitor visa has a validity period including a date when it comes into effect and a date when it ceases to have effect. A visitor visa application involves, either by oneself or with the assistance of a licensed immigration representative or lawyer, assembling and submitting various official and supporting documents. An employee of the IRCC known as a visa officer is…

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Refused a Study Permit?

How student visas are declined and options at your disposal A study permit is a document issued by Immigration, Refugees and Citizenship Canada (IRCC) that allows a foreign national to enter and remain in the country temporarily to partake in an academic program at a designated learning institution. A study permit has a validity period including an issue date and an expiry date. An application for a study permit involves gathering and submitting a number of different documents and can be done either entirely by oneself or in consultation with a licensed immigration representative or counsel. The decision to grant…

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The Tort of Conversion, Employment Relationships and Intangible Property

Uncertainty Over Role of Intangible Property in Conversion Claims Conversion is the legal term of art for a tort – civil cause of action – whereby a person takes, uses or destroys property belonging to another.[1] In the case of Tar Heel Investments Inc. v. HL Staebler Co. Ltd., conversion was one of the causes of action pled; what made it somewhat unique was that the property alleged converted was an intangible piece of property called a book of business. A book of business is a list of customers that a salesperson or business has, which, as a whole, is…

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Accident Benefits and a Dated Accident

Case Study of Shwaluk v. Royal & Sun Alliance, 2023 CanLII 19831 (ON LAT) The Applicant was injured in a MVA on July 29, 1994. She sought accident benefits from her insurer, Lumbermen’s Mutual Casualty Company – which was later acquired by the respondent, Royal & Sun Alliance Insurance. Certain benefits were paid between 1994-1996 but some benefits were denied; and so, the Applicant applied to the LAT for dispute resolution. On November 12, 2015 the Applicant successfully applied to have her file reopened, alleging certain impairments caused by the MVA had worsened. The Respondent first denied a causal connection…

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The New Tort of Family Violence

Learn about a recently created area of family-related liability The basic facts of this case are that it was a 17-year marriage; they were introduced to each other by their families in India; there were two children; the parties immigrated to Canada to pursue economic opportunities; they were both well-educated; the mother was responsible for caregiving while the father earned income outside the home. They separated in 2016 with the mother and children continuing to reside in the matrimonial home. At the end of this case, the mother was awarded the proceeds of sale of the matrimonial home, retroactive and…

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The Effectiveness of Nonproduction Arguments and the Persuasiveness of Uncontradicted Objective Medical Evidence

Case Study of Liu v. Certas Direct Insurance Company, 2023 CanLII 1452 (ON LAT) Liu v. Certas Direct Insurance Company is a recently published case that both indicates that an insurance company’s argument of nonproduction is ineffective if they failed to make a thorough investigation and also explores treatment of an accident benefits applicant’s medical evidence where uncontradicted by opposing evidence. In this case, the applicant was injured in a MVA that happened on June 23, 2019. She applied for accident benefits and, after the respondent insurer denied certain of these benefits, applied to the License Appeal Tribunal for dispute…

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Refused a Student Permit, Work Permit or Visitor’s Visa?

Find Out About a Legal Option Called Judicial Review If you have been refused temporary residence (such as for work, academic study or visiting friends or family), then there is a certain amount of time (15 days, if the matter arose inside of Canada, or 60 days, if the matter arose outside of Canada) to apply for a judicial review of that refusal decision. Judicial review is based on the rule of law. The rule of law is a principle of law and basically means that everyone, citizens and government alike, is subject to the law and no one is…

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Joint Occupiers’ Liability to Each Other

How the court determined that occupiers owe a duty of care to other occupiers of the same property In the 2020 case of Nolet v. Fischer,[1] the Ontario Court of Appeal grappled with the issue of whether an occupier of premises owes a duty of reasonable care to another occupier of the same premises. The basic facts of the instant case were that the parties had entered into a relationship in 2008; the appellant moved into the respondent’s home in 2010; and they separated and he moved out in 2012. On the day in question, the appellant was in the…

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