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FCTD
Zhang v. Canada (Citizenship and Immigration), 2019 FC 1468
Following their marriage in 2005, she sponsored him for Canadian permanent residence and Mr. ... She gave birth to their first daughter in 2005. Mr. Zhang claims he was unaware of the existence of his daughter until a mutual acquaintance informed him of her birth in 2008. ... DATED: November 20, 2019 APPEARANCES: Dov Maierovitz For The Applicant Suzanne Bruce For The Respondent SOLICITORS OF RECORD: Dov Maierovitz Barrister and Solicitor Toronto, Ontario For The Applicant Attorney General of Canada Toronto, Ontario For The Respondent ...
FCTD
McCrea v. Canada, 2019 FC 1349
The evidence before the Court demonstrates that the Claimant applied for regular EI benefits on October 10, 2005 and thereafter received 15 weeks of regular benefits, followed by 35 weeks of parental benefits. ... “Mandy Aylen” Prothonotary FEDERAL COURT SOLICITORS OF RECORD Docket: T-210-12 STYLE OF CAUSE: JENNIFER MCCREA V. HER MAJESTY THE QUEEN IN RIGHT OF CANADA and SUE CAMPOS PLACE OF HEARING: Ottawa, Ontario JUDGMENT AND REASONS: MADAM PROTHONOTARY mandy aylen DATED: oCTOBER 28, 2019 SOLICITORS OF RECORD: Steven J Moreau Cavalluzzo LLP Barristers and Solicitors Toronto, Ontario For The Applicant Christine Mohr Ayesha Laldin Attorney General of Canada Toronto, Ontario For The Respondent Sue Campos For herself For The CLAIMANT ...
FCTD
Canada (Minister of National Revenue) v. Hydro-Québec, 2018 FC 622
The information was found on servers located abroad. [61] The department clearly wanted information identifying these PowerSellers, who had an address in Canada, but also the gross sales for 2004 and 2005. ... Canada, 2005 SCC 54; [2005] 2 S.C.R. 601). In my opinion, this way of interpreting the current text is still necessary and nothing in the case law suggests otherwise. [65] It would be hazardous to find that the result in McKinlay is solely the function of the necessity to conduct a genuine and serious inquiry before issuing the requirement, which today corresponds to subsection 231.2(1) of the ITA. ... DATED: June 15, 2018 WRITTEN REPRESENTATIONS BY: Martin Lamoureux For the APPLICANT SOLICITORS OF RECORD: Attorney General of Canada Ottawa, Ontario For the applicant ...
FCTD
Nicholls v. Canada Revenue Agency, 2010 FC 1235
[6] As a result of the questionnaire and documents submitted by the Applicant, the CRA granted him retroactive benefits for both children for 11 months back to September 2005. ... Nicholls could still be recovered from her by the CRA, namely, July 2005 for Penny and July 2004 for Charles. ... Canada (Customs and Revenue Agency), 2005 FCA 153 are, in my view, applicable to the Decision under review ...
FCTD
Sbayti v. Canada (Citizenship and Immigration), 2019 FC 1296
Canada (Minister of Citizenship and Immigration), 2005 FCA 436 (F.C.T.D.), Khan v. ... Canada (Minister of Citizenship and Immigration), 2005 FC 1059 (F.C.T.D.), aff’d on other grounds, 2006 FCA 345 (F.C.A.)). ... DATED: october 16, 2019 APPEARANCES: Me David Berger For The Applicant Me Suzanne Trudel For The Respondent SOLICITORS OF RECORD: Goldberg Berger Montréal, Quebec For The Applicant Attorney General of Canada Montréal, Quebec 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. ... Subsequent cases, however, applied that reasoning, without distinction, to situations other than a forced sale by a secured creditor. [26] The issue was considered in two cases decided together by Justice Pinard: Canada (Attorney General) v Caisse populaire de la Vallée de l’Or, 2005 FC 948 [Vallée de l’Or] and Canada (Attorney General) v Caisse populaire Desjardins de Lyster, 2005 FC 949 [Lyster]. ... A contrary interpretation seems to have been adopted in Canada (Attorney General) v Community Expansion Inc, 72 OR (3d) 546 (Ont SCJ) at para 19, aff’d 2005 CanLII 1402 (Ont CA). ...
FCTD
Lu v. Canada (Citizenship and Immigration), 2019 FC 1060
Between 2005 and 2013, she travelled to China on seven occasions for personal reasons, each trip lasting approximately one month. [6] At the RPD hearing, the Applicant testified that she informed officials at the Chinese consulate in Vancouver (BC) when she first applied for a passport in 2004 that she was a Falun Gong practitioner and that she had made a refugee claim in Canada that had been accepted. ... Permanent resident status “attracts much greater stability, longevity and associated rights’ than that of a foreign national” (Bermudez v Canada (Minister of Citizenship and Immigration), 2015 FC 639 at para 30 citing Hernandez v Canada (Minister of Citizenship and Immigration), 2005 FC 429). ... DATED: AUGUST 8, 2019 APPEARANCES: Lorne Waldman For The Applicant Nadine Silverman For The Respondent SOLICITORS OF RECORD: Waldman & Associates Toronto, Ontario For The Applicant Attorney General of Canada Toronto, Ontario For The Respondent ...
FCTD
Adey v. Canada (Attorney General), 2019 FC 1001
As the Applicants note, in Lanno v Canada (Customs & Revenue Agency), 2005 FCA 153 [Lanno] at para 15, the Federal Court of Appeal confirmed the policy considerations underlying paragraph 4(e) of 75-7R3 to be sound: 15 The Judge considered the exception in paragraph 4(e) of Information Circular 75-7R3 to be a sound policy. ... Canada (Customs and Revenue Agency), 2005 FCA 153 at paragraph 6, “[t]he granting of relief is discretionary, and cannot be claimed as of right.” [30] Abraham also considered the role of IC07-1 in ministerial decisions made under s 152(4.2) and was followed by Justice Manson’s decision in Lambert v Canada (Attorney General), 2015 FC 1236 [Lambert] at paras 50-57: 50 The Court was directed to the decision in Abraham, at paragraphs 31, 52, 57-61 and 66. ... As the FCA stated in Lanno v Canada (Customs and Revenue Agency), 2005 FCA 153 at para 6, “[t]he granting of relief is discretionary, and cannot be claimed as of right.” 53 What the Respondent did not refer the Court to in the Abraham decision was paragraph 53, where the FCA stated: [53] It would be open to a party to argue that the Delegate has misinterpreted subsection 152(4.2) of the Income Tax Act or that the Information Circular is inconsistent with subsection 152(4.2), such that the Delegate's reliance on the Information Circular is contrary to law. ...
FCTD
Les Gestions Bussey Inc. v. Canada (Attorney General), 2019 FC 17
III. Analysis A. Did the Minister fetter his discretion in the matter at bar? ... In that regard, paragraph 20 of the decision in Comeau v Canada (Customs and Revenue Agency), 2005 FCA 271 [Comeau], is relevant:. . . ... Canada (Customs and Revenue Agency), 2005 FCA 271, 2005 D.T.C. 5489, at para. 20. ...
FCTD
Beima v. Canada, 2015 FC 1367
See Royal Canadian Mounted Police Deputy Commissioner v Canada (Attorney General), 2007 FC 564 at para 38; Letourneau v Clearbrook Iron Works Ltd, 2005 FC 333 at paras 6-9. [19] A cause of action for the vicarious liability of the Crown and for the torts of its servants is created by the Crown Liability and Proceedings Act, RSC, 1985, c C-50. ... DATED: December 9, 2015 APPEARANCES: John Charles Beima ON HIS OWN BEHALF Wendy Bridges For The Defendant SOLICITORS OF RECORD: William F. Pentney Deputy Attorney General of Canada Edmonton, Alberta For The Defendant ...