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FCTD

Saidoun v. Canada (Citizenship and Immigration), 2019 FC 1110

III.   Facts [3]   The Applicants are a family of five and are all citizens of Lebanon. ... VI.   Analysis (1)   Was the Immigration Officer’s assessment of Ms. Saidoun’s mental health unreasonable? ... [28]   The general rule with respect to the best interest of children [BIOC] requires an officer to be “alert, alive, and sensitive” to these interests (Legault v Canada (MCI), 2002 FCA 125). [29]   In Shin v Canada (Citizenship and Immigration), Justice Southcott stated that a failure to consider the consequences that a negative impact on the parent’s mental health might have on children meant the officer had failed to be alert and sensitive to best interest of children; that failure rendered the decision unreasonable (Shin, 2018 FC 1274).   ...
FCTD

Litmar Ltd. v. Canada (Minister of National Revenue), 2006 FC 635

Also, for the years 1999 to 2003 Litmar was late in filing its GST/HST returns. [3]                Between July 2000 and July 2002, Litmar paid about $8,000 towards the GST/HST owing and it received statements from CCRA every four months showing receipts of payment, as well as balance owed including interest and penalties. ... Little argues that the Minister erred:                                                                i.       ... Canada Customs and Revenue Agency                                                             as represented by the Minister of National Revenue PLACE OF HEARING:                     Fredericton, New Brunswick DATE OF HEARING:                       May 15, 2006 REASONS FOR JUDGMENT:        Justice Johanne Gauthier DATED:                                              May 24, 2006 APPEARANCES: Ross E. ...
FCTD

Sexsmith v. Canada (Attorney General), 2019 FC 1509

British Columbia / Yukon Decision [8]   Officer Hardy issued his written decision on May 18, 2018. ... Commissioner" (9037-9694 Québec Inc c Canada (Procureur général), 2002 FCT 849, at para 38 citing Warren Delbert St Germaine v R and Brian G Watt; Barry Taylor v R and James C Howie [1993] NWTR 137 at para 22 [St Germaine]). ... Conclusion [28]   Obviously, Mr. Sexsmith disagrees with the Officers' decisions.   ...
FCTD

El-Hassan v. Canada (Citizenship and Immigration), 2019 FC 1008

In March 2002, he was granted permanent resident status in Canada. In December 2013, he pleaded guilty to using a forged passport. ... Michael Palles, Translator FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-6577-18   STYLE OF CAUSE: BILAL ABOU EL-HASSAN v THE MINISTER OF CITIZENSHIP AND IMMIGRATION   PLACE OF HEARING: Montréal, QuEbec   DATE OF HEARING: JULY 3, 2019   JUDGMENT AND REASONS: LEBLANC J.   DATED: JULY 26, 2019   APPEARANCES: Joseph Daoura   FOR THE APPLICANT   Pavol Janura   FOR THE RESPONDENT   SOLICITORS OF RECORD: FERLAND, MAROIS, LANCTOT Lawyers Montréal, Quebec   FOR THE APPLICANT   Attorney General of Canada Montréal, Quebec   FOR THE RESPONDENT     ...
FCTD

The Maritime Employers Association v. Racette, 2019 FC 1384

Racette to comply with the undertakings he made in the letter, the content of which is reproduced in Appendix 1 ”. ... III.   Standard of review [23]   The applicable standard of review for appeals of discretionary prothonotary orders is the one set out by the Supreme Court of Canada in Housen v Nikolaisen, 2002 SCC 33 [Housen]: (1) the standard of correctness applicable to questions of law and to questions of mixed fact and law, where an extricable legal principle is at stake; and (2) the “palpable and overriding error” standard applicable to findings of fact and to questions of mixed fact and law (Housen at paras. 19–37; Hospira Healthcare Corporation v Kennedy Institute of Rheumatology, 2016 FCA 215 at paras. 28, 79; Mahjoub v Canada (Citizenship and Immigration), 2017 FCA 157 at para. 74). IV.   Analysis [24]   It is well established that power in matters of contempt is discretionary. ...
FCTD

Basanti v. Canada (Citizenship and Immigration), 2019 FC 1068

II.   Background A.   The factual context [4]   Mr. Basanti is a Canadian citizen. ... Basanti returned to India from April to June 2001 and then from September to October 2002. [7]   Mr. Basanti filed a second sponsorship application, which was refused by a visa officer in November 2002. ...
FCTD

Langlois v. Canada (Attorney General), 2018 FC 1108

    [8]   Furthermore, the applicant puts forward in his affidavit and his factum several new facts that were not before the Tribunal. ...   [14]   Fourth, the Tribunal did not fail to consider any relevant evidence. ... DATE OF REASONS: NoVEMBER 2, 2018   APPEARANCES: Gérard Langlois   FOR THE APPLICANT (FOR HIMSELF) Stéphanie-Yung Hing   FOR THE RESPONDENT SOLICITORS OF RECORD: Attorney General of Canada Gatineau, Quebec   FOR THE RESPONDENT     ...
FCTD

Yang v. Canada (Citizenship and Immigration), 2019 FC 1013

II.   Facts [2]   The Applicant is a 38-year-old citizen of China. She has one son from her first marriage and two Canadian-born children with her current husband. ... A factual finding based upon the assessment of evidence is sufficient if there is some evidence to support it (see Njeri v Canada (Citizenship and Immigration), 2009 FC 291 at para 11; Kallab v Canada (Citizenship and Immigration), 2019 FC 706 at paras 40-41 [Kallab]; Jean Pierre v Canada (Immigration and Refugee Board), 2018 FCA 97 at paras 51-53; Housen v Nikolaisen, 2002 SCC 33). [10]   Credibility conclusions are generally based on the accumulation of a number of disparate adverse factual findings. ... V.   Conclusion [26]   For the foregoing reasons, the application is dismissed. ...
FCTD

Canada (Information Commissioner) v. Canada (Public Safety and Emergency Preparedness), 2019 FC 1279

(a)   “serious possibility” / “reasonable to expect” [52]   The Information Commissioner submitted that the “serious possibility” and “reasonable to expect” standards were substantially the same. ... In doing so, the Court of Appeal cited Ontario (Attorney General) v Pascoe, 2001 CanLII 32755 (ONSCDC), aff’d 2002 CanLII 30891 (ONCA) [Pascoe]. ... DATED: October 9, 2019   APPEARANCES: Marie-Josée Montreuil Aditya Ramachandran   For The Applicant   Michael Roach   For The Respondent   SOLICITORS OF RECORD: Office of the Information Commissioner of Canada Gatineau, Quebec   For The Applicant   Attorney General of Canada Ottawa, Ontario   For The Respondent     ...
FCTD

Canada (National Revenue) v. BMO Nesbitt Burns Inc., 2022 FC 157, aff'd 2023 FCA 43

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. ... PLACE OF HEARING: HELD by videoconference   DATE OF HEARING: December 14, 2021   ORDER and reasons: KANE J.   DATED: FEBRUARY 8, 2022   APPEARANCES: Nancy Arnold Kevin Hong For The Applicant   Martha MacDonald   For The Respondent   SOLICITORS OF RECORD: Attorney General of Canada Toronto, Ontario   For The Applicant   Torys LLP Toronto, Ontario   For The Respondent     ...

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