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FCTD

Duplessis v. Canada (Citizenship and Immigration), 2006 FC 1190

Canada (Minister of Citizenship and Immigration), (June 4, 2002), IMM-2187-01, 2002 FCT 638 (CanLII), Ming v. ...  [39] The applicant submitted the following two questions for certification: 1.       ... ORDER THE COURT ORDERS that 1.       The application for judicial review is dismissed; No questions are certified.   ...
FCTD

Canada (Attorney General) v. Allard, 2008 FC 1294

A person who has already held the position will be strongly favoured.           ... Canada (Attorney General), 2002 FCA 224, [2002] F.C.J. No. 816 (QL) at para 12). ... Shore” Judge FEDERAL COURT   SOLICITORS OF RECORD       DOCKET:   T-1496-07   STYLE OF CAUSE:   DENIS ALLARD,   CLAUDE BÉRARD,   DANIEL BOUCHER,   STÉPHANE GERVAIS,   MARIO LAVOIE   and   CHRISTIANE LEVASSEUR   PLACE OF HEARING:   Montréal, Quebec   PLACE OF HEARING:   November 3 and 4, 2008   REASONS FOR JUDGMENT AND JUDGMENT:   SHORE J.   ...
FCTD

Reference re Subsection 18.3(1) of the Federal Courts Act, R.S.C. 1985, c. F-7, 2019 FC 957

Parties may not “tinker” with the questions posed or “arrogate to themselves the discretion of the tribunal as to the facts and questions that are to be referred to the Court” (Section 4 of the Patented Medicines (Notice of Compliance) Regulations (Re), 2002 FCT 1000, Order of Prothonotary Aronovitch cited as Appendix A; Order of Prothonotary Aronovitch dated April 17, 2002 in Court file T-139-02). [42]   There is no exception to this general principle on the basis that the questions a party wishes to raise are constitutional in nature. ... V.   Standard of Review [56]   The standard of review of a Prothonotary’s order is the same as that identified by the Supreme Court in Housen v Nikolaisen, 2002 SCC 33 (Hospira Healthcare Corporation v Kennedy Institute of Rheumatology, 2016 FCA 215 at paras 64, 79). ... DATED: JULY 22, 2019   APPEARANCES: Peter Engelmann Colleen Bauman Regan Morris   For The Applicant   Michael Fenrick Mark Phillips For The COMPLAINANT   James D. ...
FCTD

Onischuk v. Canada (Revenue Agency), 2021 FC 486

Moreover, “the general rule is that appeals from orders of prothonotaries are to be decided on the basis of the material that was before the prothonotary”: Shaw v Canada, 2010 FC 577 at paragraph 8; see also Papequash v Brass, 2018 FC 325 at paragraph 10. [10] In Hospira Healthcare Corporation v Kennedy Institute of Rheumatology, 2016 FCA 215, [2017] 1 FCR 331 [Hospira], the Federal Court of Appeal held that the standard of review established by the Supreme Court of Canada in Housen v Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235, applies to appeals from decisions of prothonotaries. ... "Sébastien Grammond" Judge FEDERAL COURT SOLICITORS OF RECORD   Docket: T-675-19   STYLE OF CAUSE: THERESE ONISCHUK, WORLD PARK FOTO v CANADA REVENUE AGENCY, EXELBY & PARTNERS LTD., OFFICE OF SUPERINTENDENT OF BANKRUPTCY, HER MAJESTY THE QUEEN IN RIGHT OF CANADA, ATTORNEY GENERAL FOR CANADA, GARY HOWITT, R. ... DATED: May 25, 2021 APPEARANCES: Therese Onischuk For The Plaintiffs (ON HER OWN BEHALF)   Andrew Lawrence For The FEDERAL Defendants   Russell Rimer FOR THE EXELBY DEFENDANTS SOLICITORS OF RECORD: Attorney General of Canada Edmonton, Alberta For The FEDERAL Defendants   Duncan Craig LLP FOR THE EXELBY DEFENDANTS Lawyers Mediators Edmonton, Alberta ...
FCTD

Public Service Alliance of Canada v. Canada Revenue Agency, 2011 FC 207

Justice Beaudry     BETWEEN:   PUBLIC SERVICE ALLIANCE OF CANADA AND CATHY MURPHY     Applicants   and     CANADA REVENUE AGENCY    and   THE CANADIAN HUMAN RIGHTS COMMISSION                   Respondent   Respondent              REASONS FOR JUDGMENT AND JUDGMENT   [1]                This is an application for judicial review pursuant to s. 18.1 of the Federal Courts Act R.S., 1985, c. ...   [13]            On March 11, 2002, Ms. Murphy and PSAC filed human rights complaints on behalf of all pay equity recipients who were subject to the payments set out above. ... No costs are awarded against the Canadian Human Rights Commission.   “Michel Beaudry Judge   FEDERAL COURT   SOLICITORS OF RECORD   DOCKET:                                           T-808-10   STYLE OF CAUSE:                           PUBLIC SERVICE ALLIANCE OF CANADA AND CATHY MURPHY AND CANADA REVENUE AGENCY AND THE CANADIAN HUMAN RIGHTS COMMISSION   PLACE OF HEARING:                     Ottawa, Ontario   DATE OF HEARING:                       January 11, 2011   REASONS FOR JUDGMENT:        BEAUDRY J.   ...
FCTD

Morrell v. Canada (Attorney General), 2024 FC 1611

"Avvy Yao-Yao Go" Judge FEDERAL COURT SOLICITORS OF RECORD   Docket: T-1525-23     STYLE OF CAUSE: BEVERLY MORRELL v ATTORNEY GENERAL OF CANADA   PLACE OF HEARING: CALGARY, ALBERTA   DATE OF HEARING: October 8, 2024   JUDGMENT AND REASONS: GO J.   DATED: October 11, 2024   APPEARANCES: Beverly Morrell   For The Applicant (ON THEIR OWN BEHALF)   Alexander S. Millman   For The Respondent   SOLICITORS OF RECORD: Attorney General of Canada Edmonton, Alberta   For The Respondent     ...
FCTD

Farzam v. Canada (Minister of Citizenship and Immigration), 2005 FC 1453

Aronovitch P. assisted him in the proceedings. [12]            On September 16, 2002, the Defendant filed a motion for summary judgment in which it was argued that there was no genuine issue for trial. ... A motion (Rule 37).            2.     An application (Rule 38).            3.     ... Une motion (Règle 37).            2.     Une requête (Règle 38).            3.     ...
FCTD

Express Gold Refining Ltd. v. Canada (National Revenue), 2020 FC 614

II.   Context [5]   The Applicant is a family-owned business that was founded in 1994. ... IV.   Analysis A.   Should mandamus issue to force the Respondent to pay the net tax refunds claimed by the Applicant? ... In Nautica Motors Inc v Canada (Minister of National Revenue), 2002 FCT 442 [Nautica Motors], the Court granted an order of mandamus compelling the CRA to process the HST returns filed by the company, but did not grant an order for the CRA to issue the credit returns that were owing. ...
FCTD

Grandjamb v. Canada (Parks), 2019 FC 1023

There are five zones in WBNP: Zone I Special Preservation (10% of the Park) Zone II Wilderness (86% of the Park) Zone III Natural Environment (3% of the Park) Zone IV Outdoor Recreation (1% of the Park) Zone V Park Services (0% of the Park) [53]   The Management Plan states that Zone IV accommodates a broad range of opportunities for understanding, appreciating, and enjoying the Park’s heritage. ... It should be observed that, since October 2002, British Columbia has had a Provincial Policy for Consultation with First Nations to direct the terms of provincial ministries’ and agencies’ operational guidelines. ... It is not the role of this Court to re-weigh the particular factors which were duly considered by the Superintendent (Suresh v Canada (Citizenship and Immigration), 2002 SCC 1 at para 37). ...
FCTD

Canada (National Revenue) v. 11421417 Canada Inc., 2022 FC 586

Rather, RBC advised that it had a business account for the Respondent bearing a different account number and that account with little activity was closed on September 9, 2002. [12] Also on March 29, 2022, Scotiabank provided CRA with a copy of the bank account statements of the Respondent’s account. ... PLACE OF HEARING: HELD VIA VIDEOCONFERENCE   DATE OF HEARING: April 21, 2022   ORDER AND reasons: GO J.   DATED: April 22, 2022   APPEARANCES: Frank D'Alessandro N   For The Applicant   SOLICITORS OF RECORD: Attorney General of Canada Ottawa, Ontario   For The Applicant     ...

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