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FCTD

Khan v. Canada (Citizenship and Immigration), 2019 FC 1515

The Officer’s determination in this case not to convoke a hearing should be reviewed on a standard of correctness. [38]   This standard requires the Court to determine if the process followed by the Officer achieved the level of fairness required by the circumstances of the matter (Suresh v Canada (Minister of Citizenship and Immigration), 2002 SCC 1 at para 115). ... Evaluating whether procedural fairness, or the duty of fairness, has been adhered to by a tribunal requires an assessment of the procedures and safeguards required in a particular situation” (Moreau-Bérubé v New Brunswick (Judicial Council), 2002 SCC 11 at para 74). ... DATED: November 27, 2019   APPEARANCES: Naseem Mithoowani   For The Applicant   Teresa Ramnarine   For The Respondent   SOLICITORS OF RECORD: Naseem Mithoowani Waldman & Associates Toronto, Ontario   For The Applicant   Attorney General of Canada Toronto, Ontario   For The Respondent     ...
FCTD

Kaya v. Canada (Citizenship and Immigration), 2019 FC 1519

He further alleges both he and his mother were tortured in 2002 because of his mother’s political activities and that even after she fled to Austria, the Turkish authorities kept his family under surveillance, and arbitrarily would detain them for short periods of time and threaten them. ... Kaya presented a narrative of his life experiences in Turkey, in which he described how his mother was perceived as a political dissident, was arrested and tortured in 2002, and eventually fled to Austria where she made a successful refugee claim. ... DATED: november 27, 2019   APPEARANCES: Micheal Crane For The Applicant   Nicole Rahaman For The Respondent   SOLICITORS OF RECORD: Micheal Crane Barrister and Solicitor Toronto, Ontario For The Applicant     Deputy Attorney General of Canada Toronto, Ontario   For The Respondent       ANNEX A: Relevant Provisions [1]   Any individual in Canada who is subject to an in-force removal order, or named in an IRPA s 77(1) certificate, may apply to the Minister for protection. ...
FCTD

Tang v. Canada (Citizenship and Immigration), 2019 FC 1478

II.   Facts [2]   The Applicant is a permanent resident of Hong Kong. ... The Federal Court of Appeal has clearly held that findings of fact and determinations of credibility fall within the heartland of the expertise of the RPD: [23]   …To begin with, the RPD has broad discretion to prefer certain evidence over other evidence and to determine the weight to be assigned to the evidence it accepts: Medarovik v Canada (Minister of Citizenship and Immigration), 2002 FCT 61 at para 16; Pushpanathan v Canada (Minister of Citizenship and Immigration), 2002 FCT 867 at para 68. ... Toronto, Ontario   For The applicant   Attorney General of Canada Toronto, Ontario   For The respondent     ...
FCTD

Hiebert v. Canada (Attorney General), 2003 FC 1503

Canada (Attorney General), 2003 FC 1503 Date: 20031219 Docket: T-66-02 Citation: 2003 FC 1503 Ottawa, Ontario, this 19 th day of December, 2003 Present:           The Honourable Justice James Russell                                   BETWEEN:                                                                  LINDA HIEBERT                                                                                                                                                        Applicant                                                                                  and                                                 ATTORNEY GENERAL OF CANADA                                                                                                                                                    Respondent                                                REASONS FOR ORDER AND ORDER [1]                 This is an application for judicial review of the decision of the Minister of National Revenue ("Minister"), dated December 13, 2001, ("Decision") whereby the request of Linda Hiebert ("Applicant") for remission of penalty pursuant to subsection 3.3(1) of the Customs Act, R.S.C. 1985, c. 1 (2 nd Supp.) ... (Toronto, Butterworths, 2002) at p. 20). [21]            The Respondent points out that goods become forfeit from the time of contravention of the Act. ... "James Russell"                  J.F.C.                                        ...
FCTD

John v. Canada (Citizenship and Immigration), 2016 FC 572

Canada 2002 FCA 172.  The length of the period of the extension may also be a relevant consideration. ...     [57]            The Respondent did not argue that it was prejudiced by the granting of an extension.  ... Fairness and access to justice should be the goal.   ORDER THIS COURT ORDERS that: 1.                   ...
FCTD

9027-4218 Québec Inc. v. Canada (National Revenue), 2019 FC 785

[84]   Notwithstanding my conclusion that subsection 152(4) of the Act does not require the Minister to carry out a reassessment following an adjustment request, the Minister could be required to carry out a reassessment if an agreement to that effect was entered into with the taxpayer (Mitchell c Canada, 2002 FCA 407). [85]   The applicants submit that Mr. ... DATED: JUNE 6 2019   APPEARANCES: Me Richard Généreux   For the applicants   Me Nathalie Labbé Me Ian Demers   For the respondent   SOLICITORS OF RECORD: Services Juridiques Evolex Inc. Montréal, Quebec   For the applicants   Attorney General of Canada Montréal, Quebec   For the respondent     ...
FCTD

Toumani v. Canada (Revenue Agency), 2022 FC 1770

The “Crown” as described in Rule 133(1) and in the Federal Courts Act, RSC 1985, c F-7 refers only the Federal Crown Canada and not to the Provincial Crown Ontario. ... Strickland" Judge     FEDERAL COURT SOLICITORS OF RECORD DOCKET: T-1673-22   STYLE OF CAUSE: ROMANE TOUMANI, SAURELLE TOUMANI v CANADA REVENUE AGENCY, ONTARIO MINISTER OF EDUCATION   MOTION IN WRITING CONSIDERED AT OTTAWA, ONTARIO PURSUANT TO RULE 369 of the federal court rules ORDER and reasons: STRICKLAND J.   DATED: December 20, 2022   APPEARANCES: Romane Toumani Saurelle Toumani   For The Plaintiffs / Applicants (ON THEIR OWN BEHALF)   Shayna Levine-Poch FOR THE DEFEDANTS / RESPONDENts (HIS MAJESTY THE KING IN RIGHT OF ONTARIO) Nancy Arnold Christopher Ware   For The Defendants / RESPONDENts (CANADA REVENUE AGENCY)   SOLICITORS OF RECORD: His Majesty the King in Right of Ontario Toronto, Ontario   FOR THE DEFEDANTS / RESPONDENts (HIS MAJESTY THE KING IN RIGHT OF ONTARIO) Attorney General of Canada Department of Justice Canada Toronto, Ontario   For The Defendants / RESPONDENts (CANADA REVENUE AGENCY)       ...
FCTD

Bergeron v. Télébec Ltée, 2005 FC 879

JUSTICE GAUTHIER BETWEEN:   PIERRE BERGERON   Applicant   and   TÉLÉBEC LIMITÉE and ALAIN RIVARD     Respondents   REASONS FOR ORDER AND ORDER [1]   Mr.  ... Oster, [2002] 2 F.C. 430 (FCTD) at paragraph 22. [33]   I agree with my colleague’s analysis in Quigley, supra, and will adopt the standards he identified for the questions submitted by the applicant in the case at hand. ... Alubec Industries Inc., [2002] J.Q. 3121 (C.A.Q.). In that case, the applicant had been hired as the president of the respondent company and was laid off 11 days after starting in his position, even though he had been hired for a six‑month probationary period. ...
FCTD

Sharp v. Canada (National Revenue), 2020 FC 724

DelBigio Jennifer Flood FOR THE PLAINTIFFS RICHARD HETHEY MARY HETHEY FREDRICK COOMBES DANIEL BLAQUIERE   Martin Peters Matthew Smith   FOR THE PLAINTIFFS SHAMSHER G. HIRJI CHARTERHOUSE CAPITAL INC.   Michael Gismondi FOR THE PLAINTIFFS BRUCE GASARCH ZHIYING Y GASARCH   Carl Januszczak Neva Beckie FOR THE DEFENDANTS SOLICITORS OF RECORD: Martin & Associates, Barristers Vancouver, BC Gudmundseth Mickelson LLP Vancouver, BC   FOR THE PLAINTIFFS FREDERICK SHARP TERESA SHARP Thorsteinssons LLP Vancouver BC FOR THE PLAINTIFFS RICHARD HETHEY MARY HETHEY FREDRICK COOMBES DANIEL BLAQUIERE   Melville Law Chambers Vancouver, BC   FOR THE PLAINTIFFS SHAMSHER G. HIRJI CHARTERHOUSE CAPITAL INC.   Peck and Company, Barristers Vancouver, BC   FOR THE PLAINTIFFS BRUCE GASARCH ZHIYING Y GASARCH   Attorney General of Canada Vancouver, BC   FOR THE DEFENDANTS   ...
FCTD

Zebaze v. Canada (Citizenship and Immigration), 2016 FC 1225

Apparently, one of the applicant’s cousins died mysteriously at an early age in 2001 or 2002. ... The tragic deaths are unexplained, and an attempt to link them to drug traffickers and Boko Haram is speculation. [8]                No evidence has been submitted to establish any connection between the deaths of the cousin in 2001 or 2002 and the cousin in 2015 that might have been caused by drug traffickers or the Boko Haram group. ... DATED: November 3, 2016   APPEARANCES: Claudette Menghile   For the Applicant   Steve Bell   For the Respondent   SOLICITORS OF RECORD: Claudette Menghile Barrister & Solicitor Montréal, Quebec   For the Applicant   William F. ...

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