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FCTD

Oladihinde v. Canada (Citizenship and Immigration), 2019 FC 1246

The substantive outcome and the reasons, considered together, must serve the purpose of showing whether the result falls within a range of possible outcomes: Newfoundland and Labrador Nurses’ Union v. ...
FCTD

Ahmadi v. Canada (Citizenship and Immigration), 2019 FC 1145

The Officer goes on to explain that, since the applicant did not meet the requirements of the program under which he had applied, his application was refused. [8]   It is settled law that a Visa Officer’s Global Case Management System [GCMS] notes form part of the reasons for the decision and must be considered by a reviewing court (Gebrewldi at para 29).   ...
FCTD

Blair v. Canada (Attorney General), 2019 FC 1295

The Commission has considered all the comments received. The comments do not contain new information that would warrant a change in the Investigation Report or the corrective action used for consultation. ...
FCTD

Jingdong v. Zhang, 2019 FC 1293

The Examiner’s Report states the Applicant’s Mark was “considered to be confusing with” five other marks including the Respondent’s Mark. ...
FCTD

Pharmascience Inc. v. Pfizer Canada ULC, 2019 FC 1272, 2019 FC 1271

To the extent the hypothetical market is intended to reflect the real market, sales in the hypothetical market should be treated in the same way as sales in the real market” (para 133; while Justice Mainville dissented in the Federal Court of Appeal, the majority agreed with him on this point). [20]   An appeal to the Supreme Court of Canada was dismissed: 2015 SCC 20. [21]   The Apotex v Sanofi case stands for the proposition that the absence of obstacles to market entry in the real world should prevail in the but-for world; if a generic manufacturer could have made sales without objection from the patentee, those sales should be considered in the calculation of the generic’s losses. [22]   Here, that proposition means that Pfizer’s non-opposition to Pharmascience’s entry into the market in the real world should be reflected in the calculation of damages owed to Pharmascience in the but-for world. ...
FCTD

Cortes Lobaton v. Canada (Public Safety and Emergency Preparedness), 2019 FC 1241

JUDGMENT IN IMM-1758-19 THIS COURT’S JUDGMENT is that the application is granted, the decision under review is set aside, the Applicants’ PRRA application is to be considered by a different officer in keeping with these Reasons, and no question is certified. ...
FCTD

Hermes Ablahad v. Canada (Citizenship and Immigration), 2019 FC 1315

The Officer considered the son’s German citizenship to further corroborate the conclusion that the Applicant was a refugee with permanent resident status in Germany. [12]   The Notes reflect that the Officer presented the above information to the Applicant during the interview to give her an opportunity to respond. ...
FCTD

Dragicevic v. Canada (Citizenship and Immigration), 2019 FC 1310

However, the RPD considered the Applicants’ submissions on this matter, and applied the relevant test for granting relief on the basis of delay in processing the claim.   ...
FCTD

Huang v. Canada (Citizenship and Immigration), 2019 FC 1366

US Visa [17]   The first piece of evidence considered by the RPD was the US visa that Ms. ...
FCTD

Algohar v. Canada (Citizenship and Immigration), 2019 FC 1364

On these facts it was reasonable for the Officer to conclude that the omission was not inadvertent. [28]   Having considered and reasonably rejected Mr. ...

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