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However, sections 3 and 39 of the VRAB Act set out a framework within which evidence is to be considered by the Board, that is to allow the drawing of inferences in favour of an applicant. ... Canada (1997), 129 F.T.R. 286 at page 4, Justice Teitlebaum described the nature of a reconsideration decision as follows: It is important to clarify the nature of a reconsideration, a distinct type of review function that is not to be confused with appeal proceedings or judicial review applications considered by a Court. ...

The Court considered the appellant’s advertising and invoicing documents to determine the legal character of the income. ... I have considered each below in addition to the testimony provided by Mr. ...

Decision [23]   On a preliminary note, I agree with the Applicants that it must be implied that the Federal Court of Appeal considered the Travelway marks to be invalid despite not explicitly writing such   a conclusion, as it found passing off had been established. ... The Applicants confirmed as much, but maintained that the principle remains the same even with registered trademarks. [43]   The Court does not agree with the Applicants' position, considering the protection granted by section 19 of the Act, the Federal Court of Appeal's reasons in Remo FCA, the Supreme Court's obiter in Veuve Clicquot, and considering as well that the circumstances that would allow for expungement ab initio are not in play. [44]   Finally, even if I had considered the other grounds for expungement in dispute, my decision on entitlement to monetary relief would be no different. [45]   If I am wrong and the Applicants are entitled to monetary compensation for the past, I am of the view that it should take the form of an accounting of Travelway's profits, as sought by the Applicants, rather than an award of damages. ...

The allegations that are being considered are sections A34(1)(e) engaging in acts of violence that would or might endanger the lives or safety of persons in Canada; and/or A34(1)(F) [sic] being a member of an organization that there are reasonable grounds to believe engages, has engaged or will engage in acts referred to in paragraph [34] (a) (b), (b.1) or (c) of the [IRPA]. [13]   The Officer then explained that the next step in the process would be to conduct a review of the case. ... He was also informed of the specific allegations being considered, namely, those contemplated by paragraphs 34(1)(e) and (f) of the IRPA. ...

Goodwin, the unsuccessful public interest litigant, in that case. [26]   I have considered both the relevant factors in Rule 400(3) of the Federal Courts Rules along with the prevailing jurisprudence. ... Fuhrer” Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: T-1736-14   STYLE OF CAUSE: GWENDOLYN LOUISE DEEGAN and KAZIA HIGHTON v THE ATTORNEY GENERAL OF CANADA and THE MINISTER OF NATIONAL REVENUE   motion in writing considered at ottawa, ontario pursuant to rule 369 of the federal courts rules ORDER AND REASONS: FUHRER, J.   ...

There the Supreme Court of Canada considered its jurisprudence relating to publication bans in the criminal law context, specifically cases such as Dagenais v. ... While this case involved inappropriate behavior rather than sexual assaults, the same policy considerations apply here but were not considered by the Board. [36]   For these reasons I am therefore satisfied that the Board’s decision was unreasonable. ...

In essence, the Applicant argues that the visa officer was not alive to what was before him and failed to provide sufficient reasons to justify his decision to reject the Applicant’s visa application. [17]   The Respondent argues that the visa officer considered all of the relevant factors and rendered a reasonable decision. The Respondent argues that the visa officer was reasonable when he considered the Applicant’s low salary in Nigeria, her status as a single woman, and the economic conditions in Nigeria when deciding to refuse the Applicant’s work permit application. ...

Although Cattanach J. expressed the caution that his words did not constitute an “exact” definition, the extent to which his words have been adopted in the jurisprudence without change over some thirty years suggests that his approach, although not necessarily exhaustive, is now considered to be the working definition. [13] [22]   In Klotz v. ... Sackman, 2008 FCA 177, the Federal Court of Appeal observed at paragraph 6: This Court has twice considered similar appeals involving the fair market value of prints purchased and donated by taxpayers through promoters such as Artistic (see Klotz v. ...

Her Majesty the Queen, 2007 FCA 86, the Federal Court of Appeal set out the factors that are usually considered in motions for an extension of time, namely: (a) the continuing intention to pursue the appeal; (b) that the appeal has some merit; (c) that no prejudice to the respondent arises from the delay; (d) that a reasonable explanation is given for the delay. [38]   The facts to be considered in a motion of this nature must establish a continuing intention to pursue the appeal. ...

The RPD is presumed to have weighed and examined all the evidence submitted to it, unless it is demonstrated not to have done so (Newfoundland Nurses at para 16; Florea v Canada (Minister of Employment and Immigration), [1993] FCJ No 598 (FCA) at para 1) In this case, I am satisfied that the RPD considered all the evidence, even if it does not refer directly to all its components. ... The RAD upheld the RPD’s conclusion that the female applicant’s lack of credibility was due to significant contradictions in a central element of her account. [43]   It is well established by jurisprudence that contradictions that may appear minor in isolation may be fatal to a witness’s credibility when they add up and are considered in the context of the refugee protection claim (Rajaratnam v Canada (Minister of Employment and Immigration) (FCA), [1991] FCJ No 1271, (1991) 135 NR 300; Aguilar v Canada (Citizenship and Immigration), 2012 FC 150 at para 42). ...