Rankin (Rankin’s Garage & Sales) v. J.J is a 2018 Supreme Court of Canada decision in which the Supreme Court had to determine whether a commercial garage owed a duty of care to a teenager who had broken into the garage and stole a car. The teenager was injured after the car was involved in a crash. He sued the commercial garage for negligence.

Saro Turner is a Partner at Slater Vecchio LLP, a prominent Vancouver personal injury law firm. He can be found at @saroturner online.

We discuss the Supreme Court decision, and Saro describes the four elements of a negligence lawsuit – the duty of care, the standard of care, causation and damages. It is Tort Law 101! Saro also tells people who have suffered losses what they should look for when choosing a personal injury lawyer.

1:20 – An overview of the facts of the case. In brief, two drunk teenagers steal a car from a commercial garage.  There is a car crash. One of the boys suffers a brain injury. He sues the garage.

2:41 – When you’re making out a claim of negligence what does the plaintiff have to establish? In brief, you have to establish a duty of care, a standard of care, causation and damages.

5:45 – What is a duty of care?

13:20 – What is a standard of care?

16:51 – What is causation?

19:45 – What are damages?

24:40 – What things should someone look for in a personal injury lawyer? If someone has been injured, how should they select their lawyer?

 

 » Read more about: Law Cans Episode 4 – Rankin v. JJ (The Duty of Care) with Saro Turner  »

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A common complaint about refugee resettlement is the cost.  However, refugees resettled to Canada must pay for their medical exam and their travel to Canada.  Canada’s Immigrant Loans Program ensures that refugees who are unable to pay for their resettlement have access to a funding source.

Canadian immigration legislation provides that the most that can be loaned is $126,000,000.  Historically, the Government of Canada has issued $13,000,000 in loans annually.  Approximately 93% of loaned funds are repaid.  Since 2002, the average loan has been approximately $3,000, with roughly 20% of loans issued for more than $5,000.  The current policy is to cap the maximum loan amount to $10,000 per family.

2018 Changes

Prior to 2018, the loan repayment schedule was as follows:

Balance at Start of Repayment Period (Which Is 30 Days After Arrival in Canada)

Period the Loan
Must be Repaid in Full (Months)
Start of Interest Accrual

Up to $1,200
12
13th month

$1,201 to $2,400
24
25th month

$2,401 to $3,600
36
37th month

$3,601 to $4,800
48
37th month

Over $4,800
72
37th month

 

In 2018, the Government of Canada amended the above to:

  • eliminate interest charges on all new immigration loans;
  • eliminate further interest accumulation on all existing immigration loans;
  • defer the loan repayment start date from 30 days to one year; and
  • extend the repayment period for all loans by two years, thus reducing the required monthly instalment amount.

 

The Government of Canada’s rationale for eliminating interest charges and extending the repayment period as well as the period before the loan becomes repayable was that it would “give resettled refugees more time to focus on their integration,

 » Read more about: How Refugee Resettlement to Canada is Funded  »

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Canada’s visa office in Warsaw processes permanent residence applications from Armenia, Belarus, Estonia, Kazakhstan, Kyrgyz Republic, Latvia, Lithuania, Poland, Russia, Tajikistan and Uzbekistan.  It processes temporary residence applications from Belarus, Estonia, Latvia, Lithuania, Poland.

Temporary Residency Processing

From 2014 – 2016, the Warsaw visa office’s approval rates for temporary residence applications were as follows:

Year
Category
Applications Received
Approval Time

2016
Visitor
1625
63

Student
153
41

Worker
161
62

eTA
9
N/A

2015
Visitor
1693
66

Student
187
37

Worker
983
81

eTA

2014
Visitor
2515
69

Student
340
43

Worker
1225
82

The above statistics do not include the electronic applications from nationals of countries where IRCC-Warsaw has file processing agreements with local offices.

Full Report

A full copy of a report that IRCC’s Warsaw office sent can be found below. It was obtained through an Access to Information Act request.

 

 

 

 » Read more about: Canada’s Visa Office in Warsaw  »

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Sponsoring an Extended Family Member to Immigrate

It is generally well known that Canadian citizens and permanent residents can sponsor their spouses, common-law partners, children, parents and/or grand-parents to immigrate to Canada.

What is less well-known is that in certain circumstances it is also possible for a Canadian citizen or permanent resident to sponsor an extended family member to immigrate.

The “Lonely Canadian” Category

Under a program that is generally referred to as the “Lonely Canadian Program” or the “Other Relative Program” a Canadian citizen or permanent resident can sponsor one adult son or daughter, brother, sister, uncle, aunt, niece or nephew to immigrate to Canada.  If that extended family member is married or has children, the person being sponsored can bring their immediate family with them to Canada. As well, the person being sponsored has to be related to the sponsor by blood.

In order to sponsor such a relative, however, the Canadian or permanent resident must show that they do not have a spouse, common-law partner, child, parent or grandparent or child who is either a Canadian citizen or a permanent resident, or who is a foreigner that can be sponsored.  For example, if a Canadian citizen is married they cannot sponsor their uncle to immigrate.  The program is designed to favour persons who do not have relations in Canada and have no possibility to sponsor immediate family.

The normal rules of sponsorship apply, and the Canadian sponsor would need to enter into an undertaking with the Government of Canada wherein they would commit to being financially responsible for their relative for a period of 10 years after they immigrate.

Ability to Sponsor a Parent

One issue that frequently arises in the Lonely Canadian Program is whether a Canadian can sponsor an extended relative to immigrate to Canada if that Canadian has a living parent or grandparent but is likely unable to sponsor them. 

 » Read more about: Sponsoring an Extended Family Member to Immigrate  »

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On April 11, 2018, regulations for the Start-Up Business Class (the “Start-Up Business Class”) came into effect.  The regulations slightly modify the program that has been in effect since April 1, 2013.  Both applicants as well as designated entities should be aware of the changes.

 » Read more about: The Start-Up Business Class  »

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Erin Roth is a Lawyer with Edelmann & Co. Her work involves court proceedings regarding Extradition and Mutual Legal Assistance requests from foreign states and civil litigation on behalf of government agencies.

In this episode Deanna and Erin discuss issues in Canadian medical inadmissibility law.  When can someone be inadmissible to Canada because they are sick?  How does one confront such an allegation? What changes are upcomming?

1:30 – This episode was recorded in November 2017. Deanna, in an introduction to the episode, provides an overview of the changes to Canadian medical inadmissibility law that the Government of Canada announced would be taking place this summer.

6:30 She explains the conditions for which a country will extradite an individual, the international treaties that must have been ratified by the Parties as well as the concept of double criminality.

8:50 Amanda explains the second criteria for extradition which is that it be an indictable offence with a minimum prison sentence of two years.

13:00 We ask about the process of extradition from foreign countries to Canada. Amanda explains that her department is not responsible for these, and she describes the procedures to be followed in such scenarios.

14:45 Amanda explains the extradition treaties to which Canada abides to and the differences between them.

28:00 – 

 » Read more about: Borderlines Episode 20 – An Overview of Canadian Medical Inadmissibility Law, with Erin Roth  »

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