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FCTD
Bajraktari v. Canada (Public Safety and Emergency Preparedness), 2016 FC 1136
Bajraktari worked for the Albanian communist government from 1961 to 1993, holding several different high-level positions in the Ministry of Interior. ... Bajraktari should be found inadmissible in Canada because of his complicity in the commission of crimes against humanity by the Albanian communist government while he was working for the Ministry of Interior from 1961 to 1993. ... However, the IAD found that the facts in the matter were not disputed by the Cassation Court and that they must be considered in assessing complicity. (4) The applicant’s position or rank in the organization [18] The IAD noted that, although military ranks were abolished in 1966, then reinstated in 1992 or 1993, Mr. ...
FCTD
August Image, LLC v. airG Inc, 2021 FC 272
It filed no evidence to explain why it had chosen to litigate on the basis of an improper description of the Defendant’s websites and had waited for over two years to correct the error. [36] The Defendant contends that the prothonotary did not consider or properly consider the factors set out in Scannar Industries Inc et al v Canada (Minister of National Revenue) (1993) 69 FTR 310 (FC), affirmed in 172 NR 313 (FCA) namely: a) The timeliness of the motion to amend; b) The extent to which the amendment would delay an expeditious trial; c) The extent to which the original position caused another party to follow a course which is not easily altered; d) Or whether the amendment facilitates the Court's consideration of the merits of the action. [37] The prothonotary considered that the amendment was a minor correction to the description of the Defendant’s domain name. ... Continental Bank Leasing Corp v R, [1993] TCJ No 18, (1993) 93 DTC 298 at page 302 cited with approval by the Federal Court of Appeal in Canderel Ltd v Canada, 1993 CanLII 2990 (FCA), [1994] 1 FC 3 (CA). [38] The decision on the motion to amend could have gone either way. ...
FCTD
Coombs v. Canada (Attorney General), 2014 FC 232
[Emphasis added] The Applicants’ Position [24] The applicants submit that the Order which struck out their application for judicial review should be set aside because it concerned questions that are vital to the case and was based upon a wrong principle or a misapprehension of the facts (Canada v Aqua-Gem Investments Ltd, [1993] 2 FC 425, [1993] FCJ No 103 (FCA) [Aqua-Gem]) ... The Standard of Review of a Prothonotary’s decision [36] In Apotex Inc v Eli Lilly Canada Inc, 2013 FCA 45 at para 4, 444 NR 103, the standard of review previously established in Canada v Aqua-Gem Investments Ltd, [1993] 2 FC 425, [1993] FCJ No 103 (FCA) and restated at para 19 of Merck & Co v Apotex Inc, 2003 FCA 488, [2004] 2 FCR 459, leave to appeal to SCC refused [2004] SCCA No 80, was reiterated: It is trite law that discretionary orders of Prothonotaries ought not to be disturbed on appeal to a Judge unless: (a) they are clearly wrong, in the sense that the exercise of discretion was based upon a wrong principle or a misapprehension of facts; or (b) in making them, the prothonotary improperly exercised his or her discretion on a question vital to the final issue of the case. ... Aqua-Gem Investments Ltd., [1993] 2 F.C. 425 at 462-463 (F.C.A.)). [37] The applicants submit that the questions are vital to the final issue of the case and that the order of the Prothonotary was wrong. ...
FCTD
J.P.L. International Diffusion Inc. v. Canada, docket T-3038-94
[27] Ninecan reviewed the letter dated February 12, 1993, but failed to understand the reference to an "in personam " provision. ... [Emphasis added] [30] The reasoning in the ministerial decision substantially reflected the position taken by the appeals officer in the letter dated February 12, 1993. ... In particular, he objected to the admissibility of the ministerial Notice of Decision made on June 11, 1993. ...
FCTD
Dal A.S. Brickenden v. Canada customs and revenue agency, 2003 FC 929
Throughout the period from 1993 to 1996, the Applicant individual had a combined household income that averaged $74,000 per annum. ... Did the Minister properly exercise his discretion in deciding not to waive or cancel penalties or interest assessed to the Applicants with respect to the 1993 to 2000 taxation years? ... For example, there is a mention that the Applicant individual, throughout the period from 1993 to 1996, had a combined household income that averaged $74,000 per year, referring to a high of $80,000 in 1994 and a low of $64,000 in 1993. ...
FCTD
J.P.L. International Diffusion Inc. v. R., [1998] 2 C.T.C. 238
In this respect, the provisions of section 116 of the Act must be borne in mind. 27 Ninecan reviewed the letter dated February 12, 1993, but failed to understand the reference to an “in personam” provision. ... [Emphasis added] 30 The reasoning in the ministerial decision substantially reflected the position taken by the appeals officer in the letter dated February 12, 1993. ... In particular, he objected to the admissibility of the ministerial Notice of Decision made on June 11, 1993. ...
FCTD
Hérold v. Canada, 2011 FC 1003
. · On January 4, 1993, the plaintiff took out another guaranteed Canada Student Loan with the Bank, this time for $1,785. · On May 3, 1993, the plaintiff took out another guaranteed Canada Student Loan with the Bank, this time for $1,785. · On September 8, 1993, the plaintiff took out another guaranteed Canada Student Loan with the Bank, this time for $1,785. · On January 4, 1994, the plaintiff signed another confirmation of registration as a full-time student · On January 31, 1994, the plaintiff took out another guaranteed Canada Student Loan with the Bank, this time for $1,785. · At the end of April 1994, the plaintiff ceased to be a full-time student. ... Subsection 4(1) applies to the loans made between October 18, 1991, and May 3, 1993. Subsection 4(2) applies to the loans made between September 8, 1993, and January 31, 1994. · Under section 14 of the Canada Student Loans Regulations (the Regulations), interest at the fixed rate of 9.375% began accruing on the first day of the seventh month following the month in which the plaintiff ceased to be a full-time student (see the Appendix). ...
FCTD
MNR v. Rouleau, 95 DTC 5597, [1995] 2 CTC 442 (FCTD)
A few days later, he was reassessed in respect of the 1992 and 1993 taxation years in amounts totalling $143,225.49. ...
FCTD
Veale v. Canada (Minister of National Revenue), docket T-159-97
Nu-Pharm Inc. (1993) 72 F.T.R. 103 at 110. [6] Second, there is no statistical information showing how the Fairness Legislation is working across the country. ...
FCTD
Cross v. Canada, docket T-1249-89
Prince Edward Island (1993), 107 D.L.R. (4th) 69 at 77: Section 6(2)(b) does not guarantee a free standing right to work. ...