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FCTD

Boily v. Canada, 2019 FC 323

Boily’s] extradition” (Order at pp 5-6). [15]   In her decision, Prothonotary Tabib specifically referred to the paragraphs of the Gagné Judgment which considered Mr. ... Boily in his appeal of Prothonotary Morneau’s order, which was specifically considered and ultimately refused by Justice Gagné. ... And when they are properly considered in their context, I find that they do not carry the universal reach and scope that Mr. ...
FCTD

Grandjamb v. Canada (Parks), 2019 FC 1023

The Record of Decision is to be considered as part of the decision and can be considered in assessing the adequacy of reasons (Mitchell v Canada, 2015 FC 1117 at paras 28–31). ... 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). ... He considered a number of factors that were relevant to his broad mandate of Park administration and management. ...
FCTD

Ghermezian v. Canada (Attorney General), 2020 FC 1137

However, as with other aspects of administrative decision-making, there may be cases in which the administrative decision maker has not explicitly considered the meaning of a relevant provision in its reasons. ... In other words, there is no express indication that the decision-maker considered the possible application of ss 231.2(2) and (3) and whether judicial authorization should be sought before issuing the RFIs. ... I find no basis to conclude that the breadth of the Gherfam RFI renders it unreasonable. [155]   I have also considered the Applicant’s arguments that the trusts that are the subject of the investigation pursued through the Gherfam RFI are not within the Minister’s jurisdiction. ...
FCTD

Dand Auto Parts Ltd. v. The Queen, 90 DTC 6533, [1990] 2 CTC 385 (FCTD)

He had considered buying a horse ranch but was unable to do so. Therefore, he purchased a farm and spent, in his first year of operation $100,000 for bloodstock. ... Before the purchase of livestock, Dand consulted with Milburn, who, according to Dand, was considered one of the best horsemen regarding pedigree determination. ... I do not deny that this is a factor to be considered in the totality of all the facts. ...
FCTD

Fibre Co. Pulp Inc. v. The Queen, 94 DTC 6325, [1994] 2 CTC 114 (FCTD)

If the Crown adopts that advice as argument, it will be before the Court, without its being considered to be evidence. ... (passages by Linden J.A. considered.); Ocean Construction Supplies Ltd. v. Minister of Finance (1977), 1 W.W.R. 258 (B.C.S.C.).opNot surprisingly the defendant's arguments considered some of the same jurisprudence. ...
FCTD

Toth v. Canada, 2019 FC 125

The Fee Agreement should be considered only after determining whether to approve the proposed Settlement Agreement for the Class Members. ... The Principles from the Jurisprudence [112]   The factors to be considered in assessing the reasonableness of Class Counsel’s fees have been set out in recent jurisprudence (e.g. ... In such litigation, it is generally considered to reflect a fair allocation of risk and reward as between lawyer and client. ...
FCTD

Democracy Watch v. Canada (Attorney General), 2023 FC 31

Conacher’s own opinion and are also inadmissible. [52] In arriving at this conclusion, I have considered the Applicants’ argument that, in its analysis in the seminal case of Valente, the Supreme Court cited opinion evidence of the sort upon which the Applicants seek to rely. ... Rather, they are factors that must be considered and balanced in the exercise of the Court’s discretion under Rule 312 (see Smart Cloud Inc v International Business Machines Corporation, 2021 FC 236 at para 39). ... As with institutional independence, the test for institutional impartiality is that described in Valente (see Lippé at p 143). [106] After identifying the applicable test, Valente analysed what should be considered as the essential conditions of judicial independence. ...
FCTD

Davis v. The Queen, 84 DTC 6518, [1984] CTC 564 (FCTD)

One additional point needs to be considered. On December 5, 1983, the plaintiff and counsel for the defendant attended before the Associate Chief Justice, and an agreement respecting the documents to be entered at trial without further proof was signed by both parties. ...
FCTD

McCall v. The Queen, 88 DTC 6466, [1988] 2 CTC 309 (FCTD)

Section 225.2 provides, however, that in certain circumstances collection can be proceeded with immediately: (1) Notwithstanding section 225.1 where it may reasonably be considered that collection of an amount assessed in respect of a taxpayer would be jeopardized by a delay in the collection thereof, and the Minister has, by notice served personally or by registered letter addressed to the taxpayer at his latest known address, so advised the taxpayer and directed the taxpayer to pay forthwith the amount assessed or any part thereof, the Minister may forthwith take any of the actions described in paragraphs 225.1(1)(a) to (g) with respect to that amount or that part thereof. (2) Where the Minister has under subsection (1) directed a taxpayer to pay an amount forthwith, the taxpayer may (a) upon 3 days notice of motion to the Deputy Attorney General of Canada, apply to a judge of a superior court having jurisdiction in the province in which the taxpayer resides or to a judge of the Federal Court of Canada for an order fixing a day (not earlier than 14 days nor later than 28 days after the date of the order) and place for the determination of the question whether the direction was justified in the circumstances; (b) serve a copy of the order on the Deputy Attorney General of Canada within 6 days after the day on which it was made; and (c) if he has proceeded as authorized by paragraph (b), apply at the appointed time and place for an order determining the question. ...
FCTD

Automatic Toll Systems (Canada) Ltd. v. MNR, 74 DTC 6060, [1974] CTC 30 (FCTD)

The $60,000 here in question should therefore be considered as being the price that the appellant had to pay to obtain a new long-term contract from the Quebec Autoroute Authority. ...

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