11,312 result(s)
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3,301.
Ozdemir v. Canada (Minister of Citizenship and Immigration) - 2001 FCA 331 - 2001-11-01
Federal Court of Appeal Decisions[7] Second, the decision should be set aside for breach of the duty of fairness because, by failing to address the new evidence, the PCDO had not provided adequate reasons for her decision. [...] [9] As for the second point, which was based on the inadequacy of the reasons, if the PCDO was required by the duty of fairness to give reasons for her decision, her reasons sufficed to discharge that duty. [...] [11] In this case, the new evidence was not of sufficient importance or probative value that the duty of fairness required the PCDO to deal with it expressly in her reasons.
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3,302.
Canada (Attorney General) v. Huang - 2018 FCA 109 - 2018-06-01
Federal Court of Appeal Decisions[5] These public reasons deal with the cross-appeal. A set of private reasons, released concurrently with these public reasons, has been made available to the Attorney General and the amicus only, and is kept at the designated proceedings facility in Ottawa, Ontario. [...] [17] As previously mentioned, these public reasons deal only with the respondent’s cross-appeal. [...] [32] The Warrant contains a number of clauses, dealing with the conditions associated with the retention of intercepted communications and the use to which they can be put.
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3,303.
Kvas v. The Queen - 2016 TCC 199 - 2016-09-15
Tax Court of Canada Judgments[24] The question, therefore, is whether the transferor and transferee were dealing with each other at arm’s length. [...] (c) a person with whom the person was not dealing at arm’s length, the following rules apply: [...] (i) the amount, if any, by which the fair market value of the property at the time it was transferred exceeds the fair market value at that time of the consideration given for the property, and
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3,304.
Lau v. The Queen - 2007 TCC 718 - 2007-12-05
Tax Court of Canada Judgmentsf) The fair market value of the remaining 78 units was $12,663,000. g) GST on the self-supply of the remaining 78 units was $886,410; [...] The trustee company was required to remit the GST calculated on the fair market value of the units on or before January 31, 2000. [...] Before dealing with that section, a comment with respect to GL Trust and the legal definition of “bare trust” is useful.
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3,305.
Yusufov v. Canada (Public Safety and Emergency Preparedness) - 2007 FC 453 - 2007-04-27
Federal Court DecisionsThe case at bar deals with an administrative review of an in rem property seizure. [...] However, if the question is one that requires the delegate to determine the burden of proof or to assess whether procedural fairness was afforded to an applicant, the Court is in as good a position as the Minister’s delegate and less deference would be owed. [...] [39] In this case, it is arguable that the first question in issue as to whether there was a breach of fairness does not require any specialized knowledge by the Minister’s delegate.
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3,306.
Columbia Pictures Industries Inc. v. Gaudreault - 2006 FCA 29 - 2006-01-25
Federal Court of Appeal DecisionsInsofar as the claim under the Copyright Act is concerned, this Court is free to deal with it as at first instance since, on this point, there is no decision to review. [...] a) d'envoyer, d'émettre ou de faire envoyer ou émettre, sciemment, un signal de détresse ou un message, appel ou radiogramme de quelque nature, faux ou frauduleux; [...] If Mr. Gaudreault pleaded guilty to a violation of paragraphs 9(1)(c) or (d), which deal with individual use of an unauthorized decoding device, the measure of damages will be significantly less than if he pleaded guilty to a violation of paragraph 10(1)(b), which deals with the sale and distribution of unauthorized
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3,307.
Area Twenty Three Snow Crab Fisher's Association v. Canada (Attorney General) - 2005 FC 1190 - 2005-08-31
Federal Court Decisions[10] In the same announcement dealing with the 10% reduction in TAC on May 20, 2004, the Minister announced that the trap survey begun in 2001 on the slope edge would continue. [...] [38] The Applicants submit that an agreement or undertaking to consult can be implied from a course of dealings. [...] [41] The doctrine of legitimate expectation is an extension of the rules of natural justice and procedural fairness.
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3,308.
Kimberly-Clark Canada Inc. v. Canada - 1998-03-12
Federal Court DecisionsThis suggests that "cosmetics" means those articles, etc., designed for toilet use that are so used in the French sense of, faire sa toilette which is the series of ablutions and attentions brought to one"s body prior to dressing up for one"s daily occupations. [...] [25] It is abundantly clear that this case and the CIP case both deal with whether facial tissue is a cosmetic and that the definitions are the same. [...] By 1927, Kleenex had been directly identified in advertising as a replacement for the handkerchief in dealing with the symptoms of colds.
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3,309.
Gamboa Velasquez v. Canada (Citizenship and Immigration) - 2021 FC 482 - 2021-05-21
Federal Court Decisions• b) The RAD breached the duty of procedural fairness by refusing to conduct an oral hearing. [...] [5] The standard of review for the evidence-based issues is reasonableness and, for the fairness issue, correctness. [...] [22] As noted above, the RAD relied upon a number of country condition reports dealing, in part, with gang violence in Colombia.
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3,310.
Malhotra v. Canada (Citizenship and Immigration) - 2014 FC 768 - 2014-08-01
Federal Court Decisions[16] Second, the RAD found that the affidavits of Mr. Malhotra’s friends were not important enough that omitting to mention them in the decision constituted a breach of procedural fairness. [...] [18] The evidence that the RPD allegedly did not deal with is as follows: [...] [20] It is true that the RPD did not specifically deal with the facts set out at paragraph 18.
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3,311.
Canada (Attorney General) v. El Kouchi - 2013 FCA 292 - 2013-12-18
Federal Court of Appeal DecisionsIt is disconcerting to see that, despite the similarity of the provisions involved, which deal with prohibitions against importing products, the Agency’s burden of proof was limited to three elements (which more or less match the first three elements used in the present case). [...] [18] The language itself of paragraph 138(2)(a) of the Regulations, which deals with the transportation of animals, refers to various factors causing undue suffering during the expected journey. [...] [...] 138. (2) Sous réserve du paragraphe (3), il est interdit de charger ou de faire charger, ou de transporter ou de faire transporter, à bord d’un wagon de chemin de fer, d’un véhicule à moteur, d’un aéronef ou d’un navire un animal :
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3,312.
Ultima Foods Inc. v. Canada (Attorney General) - 2013 FC 238 - 2013-03-07
Federal Court Decisions[5] Although I have not used the Claimed Fees as the basis for the costs award in this decision, I nevertheless think it appropriate to deal with the Applicants’ arguments about the amounts claimed. [...] [17] I accept Agro-Farma’s assertion that by filing these affidavits the Applicants forced Agro‑Farma to deal with this issue even though it was beyond the scope of the judicial review of the Minister’s Decision. [...] I am mindful of the cases cited by the Applicants and in particular the argument that fairness in the assessment of costs requires the predictability and certainty provided by the Tariff.
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3,313.
Mohawks of Kanesatake v. Canada - 2012 FC 282 - 2012-03-01
Federal Court Decisions[6] The motion to re-amend deals with Her Majesty’s position that the plaintiffs did not spend some $510,985 of funding during the 2002-2003 fiscal year. [...] a) l’objet de la modification est de faire concorder le document avec les questions en litige à l’audience; [...] [15] In reality, rule 201 deals with a potential time bar which has accrued after the original action was filed, and before the motion to amend.
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3,314.
Kandhai v. Canada (Citizenship and Immigration) - 2009 FC 656 - 2009-06-23
Federal Court DecisionsRather, it appears to be part of a pattern of deceit on the part of Mr. Kandhai in his dealings with Canadian immigration authorities, one that has extended over a number of years, and several applications. [...] [30] As the sufficiency of reasons engages a question of procedural fairness, it is for the Court to determine whether the reasons in issue are sufficient: see Canada (Minister of Citizenship and Immigration) v. Khosa, 2009 SCC 12, at para. 43. [...] [31] While the reasons given by the officer in this case for refusing Mr. Kandhai’s H&C are fairly lengthy, they are simply not sufficient.
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3,315.
Orange County Choppers Inc. v. Trio Selection Inc. - 2006 FC 1307 - 2006-10-27
Federal Court DecisionsOne must look at what is reasonable and fair under the circumstances: Smith, Kline & French Ltd. v. A.-G. Can., per Addy J. at p. 109. [...] [31] For my appreciation, this category contains seven (7) questions all dealing with letters of approval of designs sent by OCC to its licenses who sell the clothing. [...] [36] This category appears to deal with the availability of the trade-mark ORANGE COUNTY CHOPPERS in the USA. Four (4) questions are found there under.
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3,316.
Sandberg v. Norway House Cree Nation Band Council - 2005 FC 656 - 2005-05-10
Federal Court DecisionsMembership should neither be granted nor taken away randomly on the whim of a few but, rather, should be subject to systematic and fair assessment. [...] [18] As noted, upon being advised that he was not a member of the NHCN, Mr. Sandberg submitted an application to the NHCN. The process for dealing with an application for membership is set out in the Membership Code. [...] Nevertheless, this is not "a carte blanche for Band Council decisions to be made in complete absence of procedural fairness or from adhering to its own established rules and procedures" (Ermineskin v. Ermineskin Band Council [1995] F.C.J. No. 821, at para. 11 (F.C.T.D.)).
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3,317.
Agustawestland International Ltd. v. Canada (Minister of Public Works and Government Services) - 2005 FC 627 - 2005-05-05
Federal Court DecisionsThe Minister has structured and carried out the procurement in a manner that violates the principles of natural justice and procedural fairness in that the procurement was designed to discriminate against the Applicant; and [...] i. The Minister used a "fairness monitor" who: · was a registered and paid lobbyist for one of the principal partners in the Sikorsky bid; [...] The Court of Appeal was of the view that it was not open to the motions judge to exclude the possibility that previous dealings might shed relevant light.
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3,318.
Bah v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 7 - 2002-01-04
Federal Court Decisions[12] The plaintiff submitted that in dismissing her application to re-open the Refugee Division deprived her of her right to be heard and to have a fair and equitable hearing. [...] [24] The plaintiff maintained that the Refugee Division committed an error in not dealing specifically with the documentary evidence about the objective situation in Sierra Leone. [...] The plaintiff had a duty to establish a credible connection between her situation and the evidence dealing with that objective situation.
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3,319.
Wilson v. Canada (Minister of Fisheries And Oceans) - 2001 FCT 936 - 2001-08-22
Federal Court DecisionsOral accounts of the past include a good deal of subjective experience. [...] Rather, they are animated by broad, flexible principles, applied purposively to promote truth-finding and fairness. [...] That threshold is whether the particular oral history might possibly be both useful and reasonably reliable so as, in the words of Madam Justice McLachlin, to promote truthfulness and fairness, keeping in mind that my application of the principles "should facilitate justice not stand in its way."
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3,320.
Zovko v. The Queen - 1999-09-10
Tax Court of Canada JudgmentsIt is in fairly close proximity to Highway 403, which was proposed to be built at the relevant time. [...] I think it is fair to say that Mr. Mulvale placed considerable reliance on this sale. [...] All in all, I do not have a great deal of confidence in either opinion.
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3,321.
Nissim v. The Queen - 1998-08-05
Tax Court of Canada JudgmentsHer business requires a great deal of entertainment and travelling and the claim of $632 is in my view reasonable. [...] [28] All of the numerous court proceedings and all of her dealings with the several lawyers whose services she retained had as their predominant and overriding purpose the enforcement of the husband’s obligation to pay support for the children. [...] To deny to wives the right to deduct the cost of compelling husbands to pay their fair share of the cost of raising children and yet to tax the wives on such maintenance as they can get from the husbands seems to me to be contrary to both common sense and ordinary principles of fairness.
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3,322.
Ross v. Canada - 2003 FCA 296 - 2003-07-03
Federal Court of Appeal DecisionsFairness [12] The procedural errors relied on by the appellant did not deprive him of a right to a fair hearing. [...] 3. There is an overall duty to act fairly by ensuring that the inquiry is carried out in a fair manner and with due regard to natural justice. [...] Although he did not deal with the issue of bias in his memorandum of fact and law, he did address it faintly in oral argument.
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3,323.
Henkels v. The Queen - 2009 TCC 558 - 2009-08-12
Tax Court of Canada Judgments[9] I will deal with the property expenses, the current expenses first. [...] These cases, which include Connor (J.G.) v. Canada[1] for example, or a number of them deal with mortgage interest and not all property expenses. [...] [16] I have not been provided a great deal of jurisprudence on this issue, but I will take the words of class 1 at their face value.
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3,324.
Shergill v. Canada (Citizenship and Immigration) - 2003 FCT 24 - 2003-01-21
Federal Court DecisionsThe applicant submits that the Board failed to observe a principle of natural justice or procedural fairness when it reached its decision without the benefit of a full transcript of the hearing. [...] As pointed out by the respondent, the applicant also testified that all of his dealings with the police were with only two officers from a town or village near his parents' home. [...] This conclusion alone is sufficient to dismiss the application for judicial review, without the necessity to deal with any other issues raised by the applicant.
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3,325.
Biderman v. The Queen - 1998-06-18
Tax Court of Canada Judgments[6] The fair market value of Hastings Drive, at the time of the transfer was $180,000. [...] As former spouse of the deceased and father of the Appellants, he was not dealing with the Appellants at arm's length. [...] ... (c) a person with whom he was not dealing at arm's length, ..." [13] Subsection 248(1) of the Act reads in part as follows: