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He first applied for fairness relief on February 18, 2002. [5]                The fairness relief requested was to permit the processing of an adjustment to Mr. ... In response to that letter, the Agency further explained their position denying the applicant's request to re-assess the 1991 T1 claim. [8]                By letter dated October 16, 2002, the applicant requested that the Minister consider cited cases and reconsider granting fairness relief. ... O'Keefe"                                                                                                                  J.F.C.                       ...

I.   The facts [2]   The applicant is a citizen of Jamaica, now aged 72 years old, who came to Canada in January 2005 for the purpose of visiting her sister. ... Canada (Minister of Citizenship and Immigration), 2002 FCT 956, at paras. 16­17 (CanLII); Chen v. ... The reviewing court cannot substitute its discretion for that of the decision maker (Legault v Canada (Minister of Citizenship & Immigration), 2002 FCA 125, [2002] 4 FC 358 [Legault], at para 11). ...

Yang of the interception lists in a handwritten form the contents of the box: ·   2 Chanel purses; ·   1 Chanel watch; ·   1 Jimmy Choo shoes; ·   5 Louis Vuitton purses; ·   1 Gucci purse; ·   1 Valentino shoes; ·   1 Yves Saint-Laurent purse; ·   1 Chanel pendant/brooch; ·   1 Cartier watch; ·   1 box of miscellaneous jewelry. ... The Court adjusted the rate for inflation since 1997 to reach an amount of $7,250 per incident, for a total of $87,000. [146]   Punitive damages were also awarded, based on the leading case of Whiten v Pilot Insurance Co., 2002 SCC 18, [2002] 1 S.C.R. 595 [Whiten]. ... I agree. [182]   The principles applicable to the assessment of punitive and exemplary damages are found in the leading case of Whiten v Pilot Insurance Co., 2002 SCC 18, [2002] 1 S.C.R. 595 [Whiten]. ...

Audet, 2003 FC 1205 Date: 20031016 Docket: T-560-02 Citation: 2003 FC 1205 Between: THE MINISTER OF NATIONAL REVENUE Applicant and PIERRE AUDET, NOTARY Respondent and BENOÎT LANGLOIS Intervener ASSESSMENT OF COSTS- REASONS SUZANNE DAVID, ASSESSMENT OFFICER [1]        Following the filing of the originating motion seeking an order directing the respondent to provide information and/or documents pursuant to section 231.7 of the Income Tax Act, a motion for leave to intervene was filed by Benoît Langlois on May 29, 2002. [2]        The motion for leave to intervene was allowed by the Court in part on June 5, 2002, "costs in the cause". ... Tr., LL.L.                                                              FEDERAL COURT                                                       SOLICITORS OF RECORD COURT DOCKET No.:                                             T-560-02 Between:                                                                     THE MINISTER OF NATIONAL REVENUE Applicant and PIERRE AUDET, NOTARY Respondent and BENOÎT LANGLOIS Intervener ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE PLACE OF ASSESSMENT:                                      Montréal, Quebec REASONS BY: SUZANNE DAVID, ASSESSMENT OFFICER DATE OF REASONS:                                               October 16, 2003 SOLICITORS OF RECORD: Morris Rosenberg                                                          for the applicant Deputy Attorney General of Canada Ottawa, Ontario Ravinsky, Ryan                                                              for the intervener Montréal, Quebec ...

The opposing party's motion to oppose (the opposing party's motion) was therefore heard on May 6, 2005 and the instant reasons for order and order dispose of it. [2]                I do not find that the opposing party can access the provisions of the Quebec Code of Civil Procedure (C.C.P.) to stay the execution of the final order of garnishment rendered on February 25, 2005 or to request its nullity. [3]                The opposing party seeks said remedies on the main allegation that she is since April 7, 2003 the owner of the property garnished by the final order of February 25, 2005. [4]                However, said property has been provisionally garnished to the judgment creditor by the order of this Court dated April 29, 2002. The Court does not doubt that the opposing party has been aware of said order of April 2002 for a long time since she is the wife of the alleged former shareholder of the judgment debtor. [5]                Therefore, it was open to her at any time between April 2002 and February 25, 2005 to resort to rule 455 of the Federal Courts Rules in order to assert her right of ownership. ... Mises-en-cause and SANDRA STEIN                                                                             Opposing party PLACE OF HEARING:                             Montr é al, Quebec DATE OF HEARING:                                May 6, 2005 REASONS FOR ORDER:                                     RICHARD MORNEAU, ESQ., PROTHONOTARY DATE OF REASONS FOR ORDER:     May 6, 2005 APPEARANCES: Mr. ...

ISSUES [10]            The applicant raises the following issues: 1.          ... Canada (Minister of National Revenue) (2002), 284 N.R. 321 (F.C.A.) and Dawe v. ... Kelen"                                      JUDGE                                                                                    FEDERAL COURT                                                                                                           NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET:                               T-124-04 STYLE OF CAUSE: NEIL MCFADYEN v. ...

M.N.R., [2002] F.C.J. 1797 (T.D.)). 1. The Auditor's understanding and intention [10]            The Auditor's evidence is found in his affidavit filed for the purposes of the present Application as follows: 1.              ... (Respondent's Memorandum at paras. 36-37)    In addition, the Respondent refers to the following sections of the 2002 "Operational Guidelines for SEP" as support for this argument: 39. ... [Emphasis added] (Respondent's Memorandum at paras. 39-40)       [21]            Counsel for the Applicant responds that, in effect, no measure of self serving statements in the 2002 Guidelines can change the fact that the Arrangement, and actions taken thereunder, are all about prosecution. ...

R., 2002 DTC 6884 at 6885 and following. [6]                  An initial result of this realization process was that the Minister could not begin to collect, pursuant to the re-assessment, until the Minster confirmed the objection to the re-assessment. ... Mr Ross does refer to the fact that in June 2003 the balance owing to him was reduced by $1,577.41, being a set-off against the tax debt of some $1,620.00, through the set-off of a credit for his 2002 taxation year. ... Canada, an unreported 17 December 2002 BC Supreme Court action, 2002 BCSC 1738, as an alternate example, where solicitor-client costs might be appropriate, there being layers of litigation in Schmidt. ...

He also found, based on Gosselin v Quebec (Attorney General), 2002 SCC 1484 [Gosselin] at para 213, that s.7 rights do not encompass positive rights. ... However, having had no argument from the parties on this point, and given that most, if not all, of the findings at issue are findings of law on which no deference would be shown under the normal standards of appellate review from Housen v Nikolaisen, [2002] 2 S.C.R. 235, I do not consider this to be an appropriate case to revisit the issue.   ... Currency and Coinage.     […]   16. Savings Banks.   […]   18. Bills of Exchange and Promissory Notes.   19. ...

Background   [3]                On February 1, 2003, during the time when she was preparing her income tax returns for tax year 2002, Ms. ... Although she was able to file her tax returns for 2002, she did not file subsequent tax returns on time for several years. ...   [9]                The CRA noted that the Applicant had been able to file the 2002 tax return, just four months after the accident. ...