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The parties therefore filed their written submissions, which I have considered in arriving at this costs decision. [3]   For the Reasons explained below, I am awarding Pampered Chef costs in the lump sum amount of $500,000.00, plus $203,487.11 in disbursements, for a total of $703,487.11. ... While this conclusion suggests that the top of the 25% to 50% range is reserved for exceptional circumstances, it does not suggest that the range itself applies only in such cases. [15]   Having considered the authorities cited by both parties, I find the statement by the Federal Court of Appeal at paragraphs 16 to 17 of Nova Chemicals FCA, largely repeated at paragraph 50 of Sports Maska, to aptly summarize the jurisprudence. ...

In the circumstances, the single issue of law for which the determination would be conclusive cannot be considered a substantial portion of the action. ... The Court is not inclined to exercise its discretion to salvage a motion that was destined to fail, for the following reasons. [28]   The facts proposed to be used as the premise for the determination are unlikely to be contested by Teva, and can thus be considered undisputed. ...

However, the case-law of this Court is also consistent that a failure to address a core element of a refugee claim may be found to be unreasonable where the decision does not provide an indication that the matter was dealt with, at least implicitly (Paramanathan v Canada (Citizenship and Immigration), 2012 FC 338 at paras 14-19; Ghirmatsion v Canada (Citizenship and Immigration), 2011 FC 519 at paras 104-107). [25]   In this case, it is simply not possible to infer that the RPD considered this aspect of the Applicants’ claims. ... [Emphasis in original.] [27]   Similarly, Justice Sean Harrington found, in Liu v Canada (Citizenship and Immigration), 2015 FC 1193 at para 14, that “[b]oth jurisprudence and common sense conclude that the violation of a woman’s reproductive and physical integrity, such as by means of forced abortion or the forced insertion of an IUD constitutes persecution…” [28]   It should be noted that each case will depend on its particular facts, and there are decisions in which the RPD has been found to have considered the evidence and reasonably assessed the claim (see, for example Huang v Canada (Citizenship and Immigration), 2019 FC 94, at paras 17-18). [29]   In this case, however, there is simply no discussion of this aspect of the Applicants’ claims. ...

Finally, she changed her testimony by admitting that she would have taken the steps required by the Brazilian authorities, but that her name had not yet been called. [34]   The RAD considered the information which Ms. ... According to the applicants, the RAD should also have considered the applicants’ situation if they were to return to Haiti. [42]   The Federal Court of Appeal reviewed the issue of the time at which an applicant’s status should be assessed in the decisions rendered in Zeng, at paras. 28, 38 and 39, and Majebi v. ...

With respect to allegation 4, ECCC will investigate all matters considered necessary to determine the facts relating to the alleged offence. ... The Minister’s action in so doing illustrates that she considered the applications and each of the four alleged violations. [40]   The Minister was already investigating the other three allegations and so informed the Applicants.   ...

John Kennedy from New York, James Hill and Richard Angus from Minnesota, and George Stephen and Duncan McIntyre from Quebec. [20]   Furthermore, Sir Charles Tupper, the key government figure involved at the time, clearly considered the US experience in contemplating Canada’s national railway. ... Ely cites and discusses several cases which pre-date the Contract and are clearly part of the broader context. [22]   Lastly, the admission of this expert evidence will not impact the Court’s application of Canadian rather than US law to its interpretative exercise; the report’s inclusion will in no way predetermine its ultimate persuasiveness or weight. [23]   On the second part of the admissibility test, which requires the Court to exercise its gatekeeping function once the report has been declared admissible, I find that its assistance to the Court outweighs any inefficiencies of having this expert (and potentially a responding expert) examined and considered at trial. ...

In addition, he allowed those funds to remain in the TFSA until August 2018. [17]   I have carefully considered the Respondent’s submissions against the relevant provisions of the ITA, the record before the Minister’s delegate, the SCC’s framework and the Decision. ... The delegate confirmed that a separate CRA official who was not involved in the first refusal considered Mr.  ...

The Minister argues that the Court may impose any conditions in respect of that order considered appropriate, including a condition requiring delivery of the Material to the CRA (subsection 231.7(3) of the ITA). [23]   Finally, the Minister argues that the information and documents delivered by Mr.  ... I have considered the Minister’s request and the factors set out in Rule 400(3) and will award costs to the Minister in that amount.   ...

Whether it is open to the plaintiff to move a further motion to add a party or parties by way of joinder or to bring another action is something that may be considered appropriate by the plaintiff and determined before another judge. ... In Noble’s case, many factual and legal issues must be considered and determined by the Court, including Charter issues. ...

I have carefully considered the failure of Me Rossignol to prepare himself to testify in response to the subpoena and his demeanour, including his evasiveness as a witness and his inability to respond to basic questions concerning the matter in issue. ... Of course, the mere fact that the payment was made ‘under protest’ is not conclusive but, when all the circumstances of the case are considered, it flows that the respondent [company] clearly intended to keep alive its right to recover the sum paid.” ...