11,312 result(s)
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3,401.
Cojocar v. Canada (Minister of Citizenship and Immigration) - 1999-01-21
Federal Court Decisions(i) The PCDO's report was "extrinsic evidence" which the immigration officer was required by the duty of fairness to disclose so that the applicant could respond to it, prior to the determination of his subsection 114(2) claim. [...] [11] The failure to disclose the report was thus not a breach of the "minimal" content of the duty of fairness applicable in this decision-making context. [...] that the applicant might not have come to the attention of the former, this very lack of coordination may itself indicate that the Romanian authorities have more pressing issues to deal with than tracking down conscientious objectors to the draft.
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3,402.
Crowe v. The Queen - 2002-03-07
Tax Court of Canada Judgments38. Since 1994, approximately 90% of the time of the executive of the Association has been spent in dealing with the issues described herein that deal with judicial compensation, judicial independence and the lawsuit against the Alberta Government. [...] This undeniably is the way virtually everyone dealing with the Crown sees it. [...] (a) conducting preliminary inquirires, which provide important safeguards of the right to a fair trial;
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3,403.
Haj Khalil v. Canada - 2007 FC 923 - 2007-09-18
Federal Court DecisionsThe time frame, in the circumstances, does not offend the community’s sense of decency and fairness. [...] I have no difficulty in concluding that it would offend the community’s sense of decency and fairness. [...] He specifically noted that she had been functioning fairly well until the onset of her physical problems.
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3,404.
Mehmi v. Canada (Citizenship and Immigration) - 2011 FC 1246 - 2011-11-01
Federal Court DecisionsSince an oral interview is unreliable, it is a breach of procedural fairness per se. [...] Further, the oral interview fairly assessed her English proficiency. The Decision should stand because there was no breach of procedural fairness. [...] As OP-14 makes clear, applicants must be able to do more than deal with the internal situation.
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3,405.
Williams v. Canada (Attorney General) - 2024 FC 960 - 2024-06-20
Federal Court Decisions[14] On July 6, 2023, the CRA spoke to the Applicant by phone and reviewed the additional documents she provided, which included a statement by the Applicant that she primarily deals in cash, photos and testimonials from previous customers and photos of the Applicant’s workshop and materials. [...] The onus of demonstrating a breach of procedural fairness lies with the Applicant [see Santaguida, supra at para 24]. [...] Therefore, I am not persuaded that her right to procedural fairness was breached.
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3,406.
Richard v. Canada (Attorney General) - 2010 FC 436 - 2010-04-22
Federal Court Decisions41. (1) Subject to section 40, the Commission shall deal with any complaint filed with it unless in respect of that complaint it appears to the Commission that [...] It is clear that the text of the Act does not provide any criteria for exercising the discretion to deal with a time barred complaint. [...] Rather, there must be some concrete basis in fact which demonstrates the delay is so unacceptable or disabling in nature so as to preclude a fair and complete investigation from being conducted” (at paragraph 27).
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3,407.
Stevens v. Canada (Attorney General) - 2006 FC 1424 - 2006-11-23
Federal Court DecisionsThey are both Applicants are employees of the Canadian Food Inspection Agency (CFIA) in Calgary as Fair Labelling and Food Safety Inspectors. [...] 41. (1) Subject to section 40, the Commission shall deal with any complaint filed with it unless in respect of that complaint it appears to the Commission that [...] [15] It is true that in the Bredin case, above, the Commission’s refusal to deal with a complaint due to the passage of time was held to be reasonable.
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3,408.
Coca-Cola Ltd. v. Musadiq Pardhan - 1997-07-08
Federal Court DecisionsOR DEAL IN TRANSHIPPED COCA-COLA PRODUCTS Defendants REASONS FOR ORDER [...] According to the plaintiffs, the extended investigation and substantial initial costs they have incurred are said to have been necessitated by the manner in which the defendants' business dealings were organized. [...] Finally, it was urged that the plaintiffs' expense for services of investigators or of solicitors in gathering evidence was not fairly an expense to be addressed as a matter of costs, rather it was an expense which, if recoverable at all, might be recoverable as damages.
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3,409.
Hociung v. Canada (Public Safety and Emergency Preparedness) - 2019 FCA 214 - 2019-08-07
Federal Court of Appeal DecisionsNone of the decisions relied upon by the Federal Court and the respondent deal with the issue before us or rely on reasoning that could be relevant to the interpretation of the current issue. [...] [43] Neither party relied on any case law dealing with the ambit of section 12 of the Customs Act or on the legislative evolution of that section. [...] 101 (1) Sous réserve de la règle 302, une partie à une instance peut faire une demande de réparation contre une autre partie à l’instance à l’égard de deux ou plusieurs causes d’action.
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3,410.
Husky Oil Ltd. v. The Queen - 1998-12-24
Tax Court of Canada JudgmentsThe tax aspect of the partnership and transfer followed from the commercial negotiations and deals. [...] Moreover, they did so while a possible deal might be struck with either Maersk or the Chinese. [...] Together they negotiated a deal that transferred Bow Drill 3 to the Partnership.
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3,411.
Palubjak v. The Queen - 2013 TCC 285 - 2013-09-13
Tax Court of Canada JudgmentsShe submits that she was dealing with objections for several taxation years and that the procedures were difficult. [...] Further, in addition to dealing with the appeals division, it appears that Ms. Palubjak was also dealing with the collections department. [...] The legislative requirements are strict and relief cannot be granted on the basis of fairness alone.
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3,412.
506913 N.B. Ltd. v. Canada - 2011 FCA 327 - 2011-11-23
Federal Court of Appeal DecisionsDealing with the issue of admissibility of evidence in the manner requested by D’Arcy J. would be “extremely onerous and unwieldy” (appellants’ memorandum, para. 12). [...] [22] When performing essentially case management functions judges are appropriately given "elbow room" by appellate courts, so that they can get on with what is often a difficult job, calling for a mix of patience, flexibility, firmness, ingenuity, and an overall sense of fairness to all parties. [...] It is therefore not open to them to now say that the 70,000 pages of documents make it too onerous and unwieldy to deal with the issue in the manner provided by the Second Order.
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3,413.
Lessard v. M.N.R. - 2010 TCC 517 - 2010-10-14
Tax Court of Canada Judgments(7) The appellant company and the worker are not dealing with each other at arm's length within the meaning of the Income Tax Act, because [...] (8) The Minister determined that the appellant company and the worker were not dealing with each other at arm's length for the purposes of the worker's employment. [...] Other documents consulted included the business's log book with the bulk trucking association, which ensures that work is distributed fairly within the area it controls.
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3,414.
Wazid v. Canada (Minister of Citizenship and Immigration) - 2006 FC 1415 - 2006-11-22
Federal Court DecisionsThe Court will normally interfere if there has been a breach of procedural fairness. [...] There is only one paragraph on the last page of the written submissions dealing with this issue. [...] None of the nineteen items attached to these submissions deal with the said risk.
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3,415.
Ferguson v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1742 - 2005-12-29
Federal Court Decisions(a) uses, deals with or acts on it, or (b) causes or attempts to cause any person to use, deal with or act on it, [...] b) fait, ou tente de faire, accomplir l'un des actes visés à l'alinéa a), [...] "Uttering" with respect to a false document means, according to subsection 368(1) of the Criminal Code, "using, dealing with, or acting upon the document, or causing another to do so, as if it were genuine."
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3,416.
Daniels v. Canada - 2005 FC 699 - 2005-05-13
Federal Court DecisionsIn my view, this Rule does not provide for the authority to assign an interest in litigation; it merely addresses the procedural requirements for dealing with an assignment that is otherwise legally undertaken. [...] In reaching this conclusion Mr. Justice Kelen had to deal with the Vincent Estate case (supra), in which Mr. Justice MacKay did consider the Nova Scotia Survival of Actions Act. [...] Having undertaken a fairly thorough analysis Mr. Justice MacKay found that there were special circumstances and then went on to say that:
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3,417.
Mia v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 734 - 2002-07-02
Federal Court Decisions[16] In essence, the applicant argues that the Officer's failure to deal specifically with the above issues amounts to a failure to consider all of the evidence before it. [...] These documents further show, according to the applicant, that the police are corrupt and that police protection or fairness in the courts is totally illusory. [...] [25] I cannot agree with the applicant's contention that the Officer's failure to deal specifically with all of the above issues amounts to a failure to consider the evidence before it.
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3,418.
Mishra v. Canada (Attorney General) - 2000-10-24
Federal Court of Appeal DecisionsHe made a number of submissions at the hearing of his appeal, which I will deal with below. [...] I will deal with the procedural points first. Notice of the Crown's application [...] In these circumstances, I cannot conclude that the Motions Judge erred in dealing with the Crown's motion on the basis of the affidavit of Ms. Palumbo.
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3,419.
Tiwana v. Canada (Human Rights Commission) - 2000-11-29
Federal Court Decisions[2] Mr. Tiwana, however, did not feel he had been treated fairly. On August 21, 1997, he wrote to the Edmonton office of the Canadian Human Rights Commission ("CHRC") to complain about his retirement. [...] The only challenge to the decision of January 5, 2000 is its failure to deal with the issue of race discrimination. [...] The Commission should then deal with the amendments in accordance with section 41 and, if necessary section 42.
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3,420.
Hérold v. Canada (Revenue Agency) - 2011 FC 544 - 2011-05-12
Federal Court Decisions[29] Section 41 sets out circumstances where the Commission is not required to deal with a complaint filed with it: [...] Commission to deal with complaint 41. (1) Subject to section 40, the Commission shall deal with any complaint filed with it unless in respect of that complaint it appears to the Commission that [...] [42] Finally, I note that the Commission has complied with its duty of fairness.
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3,421.
Confédération des Syndicats Nationaux v. Goyette - 2004 FC 1175 - 2004-08-26
Federal Court DecisionsCommission to deal with complaint 41. (1) Subject to section 40, the Commission shall deal with any complaint filed with it unless in respect of that complaint it appears to the Commission that [...] ¶ 26 I must add that I am troubled by the letter sent to Canada Post after the decision to deal with the complaint had been made. [...] On the other hand, the letter indicated that the Commission accepts to deal as a matter of routine with late complaints by persons who have pursued alternative redress.
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3,422.
Canada (Attorney General) v. Best Buy Canada Ltd. - 2021 FCA 161 - 2021-08-05
Federal Court of Appeal DecisionsGiven my conclusion on this issue, it is unnecessary to deal with the procedural problems conducting such a review would pose. [...] (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe; [...] The function of judicial review is therefore to ensure the legality, the reasonableness and the fairness of the administrative process and its outcomes.
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3,423.
Ducharme v. Air Transat A.T. Inc. - 2021 FC 1008 - 2021-09-28
Federal Court Decisions[5] From May 28 to June 13, 2013, the applicant went on disability leave on the grounds that he was dealing with an anxiety disorder. [...] [36] The arbitrator was dealing with four grievances: • − Challenge to the refusal to allow a return to work [...] [392] Since the evidence has been fairly extensively reported, I will confine myself to a chronological enumeration of the various steps that have been taken:
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3,424.
Girao v. Zarek Taylor Grossman Hanrahan LLP - 2011 FC 1070 - 2011-09-13
Federal Court DecisionsToute personne doit être informée de toute collecte, utilisation ou communication de renseignements personnels qui la concernent et y consentir, à moins qu’il ne soit pas approprié de le faire. [...] As noted, PIPEDA does not deal with that question. I expect that they receive fairly wide distribution within the audited organizations and the legal community to improve compliance and inform legal advice. [...] [53] Law firms providing advice to clients who deal with the personal information of their customers must be knowledgeable about privacy law and the risks of disclosure.
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3,425.
Abrametz v. Canada - 2009 FCA 111 - 2009-04-15
Federal Court of Appeal Decisions[15] In the normal course of things, proving the payment of a debt in a foreclosure action should be a fairly straightforward matter. [...] (ii) to a person with whom the taxpayer was dealing at arm’s length of any property that is [...] [48] In order to limit the number of matters that will need to be reconsidered by the Minister, I will deal with the remaining two requirements of subparagraph 39(1)(c)(iv).