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FCTD

Dragicevic v. Canada (Citizenship and Immigration), 2019 FC 1310

The RPD is presumed to have reviewed all materials before them, unless demonstrated otherwise (Florea v Canada (MEI), 1993 CarswellNat 3983 (FCA) at para 1). [30]   The RPD engaged with the Applicants’ submissions, and the only evidence of prejudice advanced in support of the section 7 claim was Mr. ...
FCTD

Bartula v. Canada (Citizenship and Immigration), 2019 FC 1333

Hamdan v Canada (Immigration, Refugees, and Citizenship), 2017 FC 643 at paras 11-12, citing Thirunavukkarasu v Canada (Employment and Immigration) (1993), [1994] 1 FC 589 (FCA) at 593; Ranganathan v Canada (Citizenship and Immigration), [2001] 2 FC 164 (FCA) at para 15). ...
FCTD

Bozik v. Canada (Citizenship and Immigration), 2019 FC 1469

I agree that this remains good law today, as provided in decisions such as Pava v Canada (Citizenship and Immigration), 2019 FC 1239 at para 38 [Pava]). [17]   However, I also note that the underlying presumption remains for any state protection analysis – namely that established in Canada (Attorney General) v Ward, [1993] 2 S.C.R. 689 at 712 and 724-25, whereby a claim will fail where adequate state protection is reasonably available to the claimant and that there is a presumption that adequate state protection is available in the claimant’s country of origin, rebuttable with clear and convincing evidence (see, for instance, Pava at para. 36). [18]   I make two comments in this regard. ...
FCTD

Tanarki v. Canada (Citizenship and Immigration), 2019 FC 1337

These documents state that the police in Hungary lack the resources and awareness of proper procedures to respond to hate crimes, and suggest that Roma in Hungary continue to be inadequately protected against hate crimes. [41]   RIR HUN105197.E further states that while police in Hungary have been given new powers to counter the activities of paramilitary groups engaging in racist violence, the authorities are often criticized for not identifying and effectively responding to hate crimes. [42]   The Applicant acknowledges that he bears the burden of presenting clear and convincing evidence of the state’s inability to protect him (Canada (AG) v Ward, [1993] 2 S.C.R. 689). ...
FCTD

Sexsmith v. Canada (Attorney General), 2019 FC 1509

Commissioner" (9037-9694 Québec Inc c Canada (Procureur général), 2002 FCT 849, at para 38 citing Warren Delbert St Germaine v R and Brian G Watt; Barry Taylor v R and James C Howie [1993] NWTR 137 at para 22 [St Germaine]). ...
FCTD

Conray-Dymond Truck Line Limited v. Her Majesty the Queen, [1994] 1 CTC 199, 94 DTC 6166

:—This appeal from a decision of the Tax Court of Canada, [1992] 1 C.T.C. 2148, 92 D.T.C. 1099, dated August 1, 1991 came on for hearing at London, Ontario on June 15, 1993. ...
FCTD

Hirex Holdings Ltd. v. R., [1997] 1 CTC 103

Minister of National Revenue, [1993] 3 F.C. 267, that the only decisions which bind the Trial Division are those of this Court’s Appeal Division and of the Supreme Court of Canada, a posture which does not detract from the authority and dignity of the Provincial Court in its own proper sphere. ...
FCTD

1185740 Ontario Ltd. v. Minister of National Revenue, [1998] 3 CTC 215

Canada (Labour Relations Board) (1993), 164 N.R. 60 (Fed. C.A.), the Federal Court of Appeal held that the test for determining whether a party could be forced to produce documents under former Rule 1612, was whether the documents had been “used” by the Tribunal “in its hearing, deliberations or decision,...”. ...
FCTD

Bruno v. R., [1999] 3 CTC 529, 99 DTC 5417

Canada (1993), 61 F.T.R. 81 (Fed. T.D.), Teitelbaum J. emphasized the importance of a tighter definition with respect to the identity of the class. ...
FCTD

Mayrand v. Canada (National Revenue), 2021 FC 814

This provision was interpreted in Slattery (Trustee of) v Slattery, [1993] 3 S.C.R. 430 at 443–44, and that interpretation can be applied to section 295 of the Excise Tax Act (Bradwick Property Management v Canada (National Revenue); 2019 FC 289; Canada (National Revenue) v Bradwick Property Management Services Inc., 2020 FCA 147). [33] The vast majority of the documents and information protected by the Agency—1,254 of the 1,565 redacted pages—are protected under this exemption set out in subsection 24(1) of the ATIA. ...

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