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Watts seeks to raise before this Court was not properly considered. In addition, Mr. ...

As I indicated to counsel at the hearing, the inclusion of relevant prior art, while late in the day, nevertheless should be considered for the Court to have a complete picture of the state of the art as long as it will not work an injustice on the Plaintiff. ...

As the Supreme Court noted in Baker at paragraph 22: […] the purpose of participatory rights contained within the duty of procedural fairness is to ensure that administrative decisions are made using a fair and open procedure, appropriate to the decision being made and its statutory, institutional, and social context, with an opportunity for those affected by the decision to put forward their views and evidence fully and have them considered by the decision-maker. [27]   Counsel for the GFN submits that neither the Election Law, nor any applicable statute or the common law, require that there be an oral hearing of an appeal. ...

General impression to be considered Il faut tenir compte de l’impression générale (4) In a prosecution for a contravention of this section, the general impression conveyed by a representation as well as its literal meaning shall be taken into account in determining whether or not the representation is false or misleading in a material respect. (4) Dans toute poursuite intentée en vertu du présent article, pour déterminer si les indications sont fausses ou trompeuses sur un point important il faut tenir compte de l’impression générale qu’elles donnent ainsi que de leur sens littéral. ...

(see also Singh at para 3 and He v Canada (Minister of Employment and Immigration), 49 ACWS (3d) 562, [1994] FCJ No 1107 at para 2). [49]   The RPD considered the evidence of Mr. ...

The Officer considered the letters, but concluded that the applicant’s English ability was insufficient to grant the work permit.  ...

Even if a case may be moot because there is no longer a live controversy or concrete dispute, it is nevertheless necessary to determine whether the Court should exercise its discretion to hear and determine the case on the merits where circumstances warrant. [46]   Three overriding principles are to be considered in this second step of a mootness analysis: (i) the presence of an adversarial relationship (Borowski at para 31); (ii) the need to promote judicial economy (at para 34); and (iii) the need for the court to show a measure of awareness of its proper role as the adjudicative branch of government (at para 40). ...

the applicant must satisfy all conditions precedent giving rise to that duty [54]   On the basis of the material submitted, I am not satisfied that the Applicant has met the elevated test for a “serious issue” when the above requirements for a successful mandamus application are considered. [55]   As of the date the Applicant’s Motion was heard, the evidence showed that the GST/HST returns for the months of December 2019, January 2020 and February 2020 were not assessed. [56]   The Respondent is under a legal duty to assess these returns. ...

On both counts, the Applicant failed to do so. [26]   Finally, contrary to what the Applicant submits, it is clear from the Decision that the Minister considered the delays caused by the CRA in addressing the NCL balance of the Applicant. ...

Messenger’s submissions that: the CRA’s failure to update his 2017 contribution room should be considered a reasonable error that resulted in the over-contribution; he was not notified of the over-contribution until 2018; and, it was his decision not to withdraw the full excess for economic reasons. ...