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FCTD

Zara Natural Stones Inc. v. Industria De Diseno Textil, S.A., 2019 FC 1083

., 2006 SCC 22 at para 40 [Mattel]; United Grain Growers Ltd v Lang Michener, 2001 FCA 66 at para 8); and (3) the Board’s decision is neither unreasonable nor incorrect. [22]   With respect to the leave to amend, Industria pleads that the Board properly considered the relevant criteria. ...
FCTD

Huang v. Canada (Citizenship and Immigration), 2019 FC 1123

The RPD also considered Ms. Huang’s testimony at her first RPD hearing that she did not feel it was safe to request her Chinese medical records from Canada, but it found this explanation unreasonable, finding she would be at no additional risk from the PSB who already knew she was in Canada. ...
FCTD

Omaboe v. Canada (Citizenship and Immigration), 2019 FC 1135

These findings must also be considered in the context of the evidence presented by the Minister which suggested that the applicant was in fact a South African national named Meshack Makhubu (DOB March 10, 1975), evidence to which the applicant was unable to provide a credible rebuttal. [22]   Section 106 of the IRPA expressly directs the RPD to “take into account, with respect to the credibility of a claimant, whether the claimant possesses acceptable documentation establishing identity, and if not, whether they have provided a reasonable explanation for the lack of documentation or have taken reasonable steps to obtain the documentation.”   ...
FCTD

Lukács v. Canada (Transportation Agency), 2019 FC 1148

The existence of other potential plaintiffs, particularly those who would have standing as of right, is relevant, but the practical prospects of their bringing the matter to court at all or by equally or more reasonable and effective means should be considered in light of the practical realities, not theoretical possibilities. … • The potential impact of the proceedings on the rights of others who are equally or more directly affected should be taken into account. ...
FCTD

Nepp v. KF Aerospace, 2019 FC 1169

We considered his skills and abilities as outlined above.   We had already approved his leave – so there was no cost to KF in maintaining his employment. [30]   It is apparent from the investigator’s conclusions set out in paragraphs 17 and 18, above, that she accepted KF Aerospace’s explanation for the layoffs at the Hamilton facility.   ...
FCTD

Whalen v. Fort McMurray No. 468 First Nation, 2019 FC 1119

The legal costs associated with successfully bringing or defending a lawsuit are considered as a form of damage that calls for compensation. ...
FCTD

A.C. v. Canada (Citizenship and Immigration), 2019 FC 1196

The factors which must be considered in assessing this element of the test are numerous and will vary with the circumstances of each case (RJR – MacDonald, at 342). [42]   In stay of removal cases, the Court must take into account that Canada has an interest in the prompt removal of persons whose refugee claims have not been upheld (as articulated in subsection 48(2) of IRPA). ...
FCTD

Gur v. Canada (Citizenship and Immigration), 2019 FC 1275

To put it differently, the reasons when considered together with what was offered by this applicant for the purpose of satisfying the test at sections 100 and 88 of the Regulations satisfies the requirements of the process of articulating the reasons and the possible outcomes. ...
FCTD

Augustin v. Canada (Citizenship and Immigration), 2019 FC 1232

Following the Department’s intervention, the applicant amended his BOC Form to include the difficult situation attributable to his ethnic origin. [12]   The RPD also considered documentation concerning the racism and discrimination faced by Haitians in Brazil. ...
FCTD

Nteta-Tshamala v. Canada (Citizenship and Immigration), 2019 FC 1191

In rendering this decision, the RAD considered the relevance and the probative value of the document, any new evidence that the document brought to the appeal and whether the applicant, with reasonable effort, could have provided the document or written submissions as part of her file. [19]   The applicant maintains that the RAD simply disregarded her explanations concerning the fact that it had not been possible for her to obtain the notice. ...

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