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FCTD

Traore v. Canada (Citizenship and Immigration), 2019 FC 1345

To reiterate, the brief reasons provided by the officer are an adequate response to the limited evidence filed by the applicant. [8]   Finally, although “to deport a refugee to face a substantial risk of torture would generally violate s. 7 of the Charter (Suresh v Canada (Minister of Citizenship and Immigration), 2002 SCC 1 at para 5) [emphasis added], given that the applicant is not a refugee and the officer reasonably determined that there was no serious risk of torture or cruel treatment in the event of his removal to Mali, the rights guaranteed by the Charter are not applicable in this case. ... Michael Palles, Reviser FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-1365-19   STYLE OF CAUSE: MAMADOU TRAORE v THE MINISTER OF CITIZENSHIP AND IMMIGRATION   PLACE OF HEARING: Montréal, QuEbec   DATE OF HEARING: OCTOBER 21, 2019   JUDGMENT AND REASONS: MARTINEAU J.   DATED: OCTOBER 28, 2019   APPEARANCES: Moriba Alain Koné   FOR THE APPLICANT Renalda Ponari   FOR THE RESPONDENT SOLICITORS OF RECORD: Firm of Moriba Alain Koné Montréal, Quebec   FOR THE APPLICANT Attorney General of Canada Montréal, Quebec   FOR THE RESPONDENT   ...
FCTD

9101-9380 Québec Inc. v. Canada (Customs and Revenue Agency), 2005 FC 895

(Les Tabacs Galaxy) to comply with an Act of Parliament, the Excise Act (1985), in relation to events that occurred on September 3, 2002, that further led to the conviction imposed by Judge Bergeron of the Court of Québec, Criminal and Penal Division, on May 5, 2004 (file # 400-73-00189-034); 2          the failure of 9101-9380 Québec inc. ... (Vancouver; Butterworths Canada Ltd., 2002), pages 553-563. Note 6: Brosseau v. ... Société de l'assurance-automobile du Québec, [2002] Q.J. No. 217; Re Royal Canadian Mounted Police Act, [1991] 1 F.C. 529 (C.A.). ...
FCTD

Gordillo v. Canada (Attorney General), 2019 FC 950

The Court must determine whether the process followed in arriving at the decision under review 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). [58]   An issue of procedural fairness “requires no assessment of the appropriate standard of judicial review. 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: July 18, 2019   APPEARANCES: Yavar Hameed Shin Imai   For The Applicants   Patrick Bendin   For The Respondent   SOLICITORS OF RECORD: Hameed Law Barristers and Solicitors Ottawa, Ontario   For The Applicants   Attorney General of Canada Ottawa, Ontario   For The Respondent     ...
FCTD

Canada v. Toronto-Dominion Bank, 2018 FC 538, aff'd 2020 FCA 80

I.   Facts [4]   Mr. Weisflock carried on a landscaping business as a sole proprietorship. ... A.   The obligation to pay proceeds [16]   I first conclude that the amounts paid by Mr. ... I would also add that in First Vancouver Finance v MRN, 2002 SCC 49, [2002] 2 S.C.R. 720 [First Vancouver], a case to which I will return later in these reasons, Justice Iacobucci appears to use the word “proceeds” to describe the amount received when voluntarily selling property (“while property which is sold to third party purchasers is released from the trust, at the same time, the proceeds of disposition of the alienated property are captured by the trust,” at para 5; “the debtor is free to alienate its property in the ordinary course, in which case the trust property is replaced by the proceeds of sale of such property,” at para 40). [23]   Moreover, the interpretation put forward by the Bank is foreclosed by precedent. [24]   In Canada (Attorney General) v National Bank of Canada, 2004 FCA 92 [National Bank], the Federal Court of Appeal dealt with a number of cases where financial institutions had realized upon the assets of their debtors, which also had tax debts that gave rise to a deemed trust. ...
FCTD

Schillaci v. Canada (National Revenue), 2021 FC 27

III.   Issues and Standards of Review [16]   As elaborated through Mr. ... Schillaci should not be permitted to file new evidence to raise a new issue that was not before the Minister on the underlying decision, citing Access Copyright (2012) and Nametco Holdings Ltd v Canada (Minister of National Revenue), 2002 FCA 149. [31]   As can be seen from the Minister’s arguments, the question of inclusion of these documents is intrinsically linked to the merits of Mr. ... DATED: January 8, 2021   APPEARANCES: Roberto Cucci   For The Applicant   Kevin Hong   For The Respondent   SOLICITORS OF RECORD: Roberto Cucci Barrister and Solicitor Toronto, Ontario   For The Applicant   Attorney General of Canada Toronto, Ontario   For The Respondent     ...
FCTD

Dayal v. Canada (Citizenship and Immigration), 2019 FC 1188

Dayal failed to do so, and it was therefore reasonable for the IAD to give less weight to these factors: Semana v Canada (Citizenship and Immigration), 2016 FC 1082 at paras 37-42; Legault v Canada (Minister of Citizenship and Immigration), 2002 FCA 125 at para 12; Hawthorne v Canada (Minister of Citizenship and Immigration), 2002 FCA 475 [Hawthorne]. [29]   Finally, the Minister asserts that the IAD reasonably analyzed the BIOC with the information available, and was “alert, alive, and sensitive” to the child’s best interests: Lopez Segura v Canada (Citizenship and Immigration), 2009 FC 894 [Lopez Segura]; Webb v Canada (Citizenship and Immigration), 2012 FC 1060 [Webb] at paras 11-13; Williams v Canada (Citizenship and Immigration), 2012 FC 166 [Williams] at para 66; and Imran v Canada (Citizenship and Immigration), 2016 FC 916 [Imran] at paras 22-23. ... FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-6337-18   STYLE OF CAUSE: KULWANT KAUR DAYAL v THE MINISTER OF CITIZENSHIP AND IMMIGRATION   PLACE OF HEARING: Toronto, Ontario   DATE OF HEARING: September 3, 2019   JUDGMENT AND REASONS: FUHRER J.   DATED: SEPTEMBER 19, 2019   APPEARANCES: Barbara Jackman   For The Applicant   Rachel Hepburn For The Respondent   SOLICITORS OF RECORD: Jackman, Nazami and Associates Barristers and Solicitors Toronto, Ontario   For The Applicant   Deputy Attorney General of Canada Toronto, Ontario For The Respondent     ...
FCTD

Astrazeneca Canada Inc. v. Apotex Inc., 2011 FC 598

Justice Mosley   BETWEEN:   ASTRAZENECA CANADA INC., And AKTIEBOLAGET HÄSSLE     Plaintiffs   and     APOTEX INC.     ... Canada, [2002] 2 F.C. 346 at 354 (F.C.A.), where Rothstein J.A. expressed the view that the Court should only interfere in decisions made by case management prothonotaries or judges "in the clearest case of misuse of judicial discretion" (see also Montana Band v. Canada, [2002] F.C.J. No. 1257, 2002 FCA 331; Apotex Inc. v. Merck & Co. et al, [2003] F.C.J. ...
FCTD

Canada (National Revenue) v. Chi, 2018 FC 897

Provision for “reasonable excuse” for non-compliance, such as the inability to obtain certain records and information, must be factored into the sentence (Canada (National Revenue) v Cicarelli, 2018 FC 644 at para 15). [50]   When sentencing a contemnor to pay a fine, the fine must not be a mere token, but must reflect the ability of the person found in contempt to pay the fine (Bremsak at para 35; Wanderingspirit v Marie, 2006 FC 1420 at para 4; Desnoes & Geddes Ltd v Hart Breweries Ltd, 2002 FCT 632 at para 7). ... “René LeBlanc” Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: T-1113-17   STYLE OF CAUSE: MINISTER OF NATIONAL REVENUE v YOK CHI   PLACE OF HEARING: Ottawa, Ontario   DATE OF HEARING: July 3, 2018   ORDER AND REASONS: LEBLANC J.   DATED: SEPTEMBER 7, 2018   APPEARANCES: Jack Warren   For The Applicant   Boyd Aitken   For The Respondent   SOLICITORS OF RECORD: Attorney General of Canada Ottawa, Ontario   For The Applicant   Gibsons LLP Barristers and Solicitors Ottawa, Ontario   For The Respondent     ...
FCTD

Makomena v. Canada (Citizenship and Immigration), 2019 FC 894

II.   The Facts [7]   The serious criminal offences that resulted in Mr. ... This analysis superimposed on the wording of section 115 of the Act originates from Suresh v Canada (Minister of Citizenship and Immigration), 2002 SCC 1, [2002] 1 S.C.R. 3, so as to not infringe section 7 of the Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act (U.K.), 1982, c 11). [16]   Essentially, the following factors were pointed out to the decision-maker: the non-violent nature of the offences committed by the applicant, the sentences handed down which suggest a highly relative level of seriousness, the amounts of which the merchants were defrauded and the fact that the last offence dated back five years. ... VI.   Conclusion [43]   The application for judicial review must be allowed. ...
FCTD

Campbell v. Canada (Attorney General), 2018 FC 412

The Supreme Court of Canada held, in R v Jarvis, 2002 SCC 73, [2002] 3 S.C.R. 757 [Jarvis], that evidence obtained through a requirement under section 231.1 cannot be used in the context of a criminal prosecution. ... “Sébastien Grammond” Judge     FEDERAL COURT SOLICITORS OF RECORD Docket: T-1618-17   STYLE OF CAUSE: FARRELL CAMPBELL v ATTORNEY GENERAL OF CANADA   PLACE OF HEARING: Montréal, Quebec (BY VIDEOCONFERENCE)   DATE OF HEARING: April 16, 2018   order and REASONS: GRAMMOND J.   DATED: april 17, 2018   APPEARANCES: Louis-Frédérick Côté Stéphanie Pépin   For The Applicant   Ian Demers Marie-France Camiré   For The RespondentS   SOLICITORS OF RECORD: Spiegel Sohmer Barristers and Solicitors Montréal, Quebec   For The Applicant   Attorney General of Canada Ottawa, Ontario   For The RespondentS       ...

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