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FCTD

CGI Holding LLC v. Canada (National Revenue), 2016 FC 1086

  [24]            With regard to hearsay, the Minister relies on Zheng v Canada (Minister of Citizenship and Immigration), 2002 FCT 1152 at para 5, and Teva Canada Ltd v Pfizer Canada Inc, 2016 FCA 161 at para 103, to support its position that hearsay evidence is only admissible if it is necessary and reliable.  ... DATED: SEPTEMBER 27, 2016   APPEARANCES: Geoff R. Hall Atrisha S. Lewis   For The Applicant   Samantha L. ... Pentney Deputy Attorney General of Canada Toronto, Ontario   For The Respondent     ...
FCTD

Lipsett Cartage Ltd. v. Elias, 2018 FC 572

II.   Facts [3]     The Applicant, Lipsett, is a trucking company based in Regina, Saskatchewan. ... In Canada (Minister of Human Resources Development) v Rafuse, 2002 FCA 31, the Federal Court of Appeal wrote at para 13: In the absence of an error of law in a tribunal's fact-finding process, or a breach of the duty of fairness, the Court may only quash a decision of a federal tribunal for factual error if the finding was perverse or capricious or made without regard to the material before the tribunal: Federal Court Act, paragraph 18.1(4)(d). [31]   From the record, there was no evidence to the contrary of Ms. ... Tulloch   For The Applicant   N/A For The Respondent   ...
FCTD

Mior v. Canada (Attorney General), 2019 FC 322

VII.   Analysis A.   Did the Respondent err by not filing a supporting affidavit? ... [36]   The Minister’s discretion under subsection 220(3.1) of the ITA must be exercised in good faith, in accordance with the principles of natural justice, taking into account all relevant considerations and without regard to irrelevant or extraneous ones (Edwards v Canada, [2002] FCJ No 841 (TD) at para 14 [Edwards]). ... VIII.   Conclusion [49]   This application for judicial review is dismissed. ...
FCTD

T-Rex Property AB v. Pattison Outdoor Advertising Limited Partnership, 2019 FC 1004

V.   Standard of Review [16]   The applicable standard of review governing appeals of discretionary orders of prothonotaries is (1) the correctness standard for questions of law and questions of mixed fact and law, where there is an extricable legal principle at issue; and (2) palpable and overriding error for factual conclusions and questions of mixed fact and law (Housen v Nikolaisen, 2002 SCC 33; Hospira Healthcare Corporation v Kennedy Institute of Rheumatology, 2016 FCA 215 at paras 66, 79). ... AND ONESTOP MEDIA GROUP INC.   PLACE OF HEARING: Toronto, Ontario   DATE OF HEARING: July 23, 2019   REASONS FOR JUDGMENT AND JUDGMENT: MANSON J.   DATED: JULY 26, 2019   APPEARANCES: Peter Choe Sean Gill   For The Plaintiff/ DEFENDANT BY COUNTERCLAIM   Joannie Lapalme   For The Defendants/ PLAINTIFFS BY COUNTERCLAIM   SOLICITORS OF RECORD: Gowling WLG Barristers and Solicitors Toronto, Ontario   For The Plaintiff/ DEFENDANT BY COUNTERCLAIM   Fasken Barristers and Solicitors Montreal, Quebec   For The Defendants/ PLAINTIFFS BY COUNTERCLAIM     ...
FCTD

Isugi v. Canada (Citizenship and Immigration), 2019 FC 1421

Since her mother died in 2002, she has been the trustee of her estate, which includes an income property located in the Democratic Republic of Congo (DRC). ... III.   Impugned decision [11]   Ms. Isugi attempted to file new evidence to the RAD, including: a.   ... DATED: november 13, 2019   APPEARANCES: John Gravel   For The Applicants   Charles Maher   For The Respondent   Anabella Kananiye FOR THE INTERVENER SOLICITORS OF RECORD: Community Legal Services of Ottawa Ottawa, Ontario   For The Applicants   Attorney General of Canada Ottawa, Ontario   For The Respondent     ...
FCTD

AFD Petroleum Ltd. v. Canada (Attorney General), 2016 FC 547

Boswell” Judge   FEDERAL COURT SOLICITORS OF RECORD DOCKET: T-309-15   STYLE OF CAUSE: AFD PETROLEUM LTD. v ATTORNEY GENERAL OF CANADA   PLACE OF HEARING: WINNIPEG, MANITOBA   DATE OF HEARING: February 17, 2016   REASONS FOR JUDGMENT AND REASONS: BOSWELL J.   DATED: may 16, 2016   APPEARANCES: Jeff D. Pniowsky   For The Applicant   Julien Bédard   For The Respondent   SOLICITORS OF RECORD: Thompson Dorfman Sweatman LLP Barristers and Solicitors Winnipeg, Manitoba   For The Applicant   William F. Pentney Deputy Attorney General of Canada Winnipeg, Manitoba   For The Respondent     ...
FCTD

Canada (National Revenue) v. Revcon Oilfield Constructors Incorporated, 2015 FC 524, aff'd 2017 FCA 22

II.                 ISSUES: [15]            The sole issue before the Court is whether the Retained Documents are subject to solicitor-client privilege. ... In Belgravia Investments Limited v Canada, 2002 FCT 649 [Belgravia], Justice Heneghan wrote at paras 47-48: The party asserting privilege carries the evidentiary burden. ... ORDER IT IS THE ORDER OF THE COURT that: 1.       the application is granted; 2.       ...
FCTD

Kerzner v. Canada (Minister of National Revenue), 2005 FC 1574

Kerzner to persuade me that, within the 90 days following the seizure: ·            She was unable to act or instruct another person to act in her name to request a decision from the Minister; or ·            She had a bona fide intention to request a decision. [12]            Ms. ... Canada (Minister of Health) 2002 FCA 454, 22 C.P.R. (4 th) 417 at paras. 98-104). ... ORDER THIS COURT ORDERS that: 1.          The application is dismissed; 2.          ...
FCTD

Dick v. Canada (Customs and Revenue Agency), 2005 FC 560

A second net-worth statement was sent to CCRA on April 3, 2002, by the Applicant which listed his assets as $186,600 and liabilities of $173,000. [4]                The Applicant has made four fairness requests due to illness, financial hardship (his only income is CPP, OAS and GIS) and circumstances beyond his control. ... ORDER THIS COURT ORDERS that: 1.          The decision of the CCRA dated April 14, 2004, is set aside. 2.          ... Patricia Babcock                                        for Respondent SOLICITORS OF RECORD:                                    Mr. ...
FCTD

Saadi v. Canada (Attorney General), 2022 FC 1195

Saadi, he earned less than 50% of the average income he was earning before September 26, 2020, for the two-week period. [8] Starting on October 12, 2002, Mr. ... Pamel” Judge Certified true translation Francie Gow FEDERAL COURT SOLICITORS OF RECORD DOCKET: T-31-22   STYLE OF CAUSE: Mohamed Radhouene Saadi v ATTORNEY GENERAL OF CANADA   PLACE OF HEARING: HEARD VIA VIDEOCONFERENCE   DATE OF HEARING: June 13, 2022   JUDGMENT AND REASONS: PAMEL J.   DATED: August 15, 2022   APPEARANCES: Mohamed Radhouene Saadi For the Applicant (ON HIS OWN BEHALF)   Mathieu Lamontagne For the Respondent SOLICITORS OF RECORD: Attorney General of Canada Montréal, Quebec For the Respondent   ...

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