[{"pubDate":"Tue, 22 Sep 2026 10:28:12 +0200","titre":"Berenguer v. SATA Internacional - Azores Airlines, S.A, 2026 FCA 154 (CanLII)","url":"https://www.canlii.org/en/ca/fca/doc/2026/2026fca154/2026fca154.html","id":3169199,"description":"Procedure — Class proceedings — Certification — Issue estoppel, functus officio — Motion to determine whether a fresh motion for certification may proceed — Remedial jurisdiction to re-open the certification motion — Preferable procedure and evidence “necessarily in issue” — Finality in the judicial system — Appeal dismissed Procedure — Res judicata — Issue estoppel — Danyluk conditions — Whether the first condition, the “same question”, was met — Preferable procedure and evidence required to establish it — “Distinctly put in issue and directly determined” and matters “necessarily determined” — Issue estoppel engaged — Appeal dismissed Procedure — Discretion — Setting aside issue estoppel — Whether discretion should be exercised due to material change in circumstances or new evidence — Reliance on alleged legislative and evidentiary changes in the CTA’s dispute resolution process — Potential injustice to class members weighed against finality — No palpable and overriding error — Appeal dismissed Evidence — Appeal — Fresh evidence — Palmer v. R., Barendregt v. Grebliunas — Whether criteria for admission of new evidence were met — Fairness and interests of justice — Attempt to remedy lack of evidence originally presented — Motion to admit fresh evidence dismissed Statutory interpretation — Federal Courts Rules — Continuing jurisdiction — Federal Courts Rules, Rules 385(1) and 334.2 — Whether Rules 385 and 334.2 override issue estoppel — Interpretation of Rules as a basis to bring a second certification motion — No conflation of functus officio and issue estoppel — Continuing jurisdiction rejected — Appeal","source":"Nouvelles décisions : Cour d'appel fédérale"},{"source":"Nouvelles décisions : Cour d'appel fédérale","id":3169200,"description":"Labour and employment — Grievances — Referral to adjudication — Whether the First Decision conclusively determined the grievance was not properly before the Board — Collective agreement grievance procedure and requirement to present the grievance at each level — Parties may skip levels only on mutual consent — Board treated failure to judicially review or seek reconsideration as determinative — Application dismissed Procedure — Time limits — Extension of time — Federal Public Sector Labour Relations Regulations, para. 61(b) — Whether the Board reasonably refused an extension of time in the interest of fairness — Clear, cogent and compelling reasons for delay required — Deadlines brief and precise and bargained for under the collective agreement — Extension refused and application dismissed Procedure — Time limits — Computation of time — Whether the 10-business-day period to transmit the grievance began only after the judicial review deadline expired — Board rejected the proposed start date for running of the time limit — Delay of 23 business days analysed against the 10-business-day timeframe — No cogent explanation accepted — Application dismissed Administrative law — Judicial review — Reasonableness standard — Canada (Minister of Citizenship and Immigration) v. Vavilov — Whether the applicant identified sufficiently central shortcomings to render the discretionary decision unreasonable — Board’s reasoning rational and logical and responsive to the parties’ arguments — No fundamental misapprehension or failure to account for evidence shown — Application dismissed without","pubDate":"Tue, 22 Sep 2026 10:28:12 +0200","url":"https://www.canlii.org/en/ca/fca/doc/2026/2026fca155/2026fca155.html","titre":"Verhagen v. Canada (Attorney General), 2026 FCA 155 (CanLII)"},{"titre":"Saskatchewan (Attorney General) v. Pasqua First Nation, 2026 FCA 83 (CanLII)","url":"https://www.canlii.org/en/ca/fca/doc/2026/2026fca83/2026fca83.html","pubDate":"Fri, 01 May 2026 10:48:29 +0200","description":"Aboriginal peoples — Jurisdiction of the","id":2860689,"source":"Nouvelles décisions : Cour d'appel fédérale"}]