11,312 result(s)
-
3,626.
Marchand v. Public Sector Integrity Commissioner - 2014 FC 329 - 2014-04-03
Federal Court DecisionsMoreover, I am certain that it is a decision that caused him a great deal of emotional stress and personal embarrassment that will continue in the future. [...] Weighing the duty of confidentiality of the Commissioner and his obligation of fairness [...] (i) receive, review, investigate and otherwise deal with complaints made in respect of reprisals.
-
3,627.
Villa Beliveau Inc. v. The Queen - 2004 TCC 701 - 2004-11-01
Tax Court of Canada Judgments"fair market value" of property or a service supplied to a person means the fair market value of the property or service without reference to any tax excluded by section 154 from the consideration for the supply. [...] First, there is no dispute regarding the definition of fair market value. [...] In an effort to deal with this problem, the Appellants (and others) became involved in programs whereby they acted as the sponsors of seniors' housing projects using the concept of life lease apartment rentals.
-
3,628.
Mingle v. The Queen - 2022 TCC 34 - 2022-05-02
Tax Court of Canada Judgments[19] Subsection 159(1) of the Income Tax Act deals with liability where one person acts for another, and reads in part as follows: [...] ... [20] Subsection 159(2) deals with the requirement to obtain a clearance certificate before distributing property and says: [...] To that end, I also have great sympathy for Mr. Mingle’s desire to ensure that his daughter received her fair share of her grandfather’s estate, regardless of any family dynamics which may have existed in the background.
-
3,629.
J.S. v. Brooker - 2005 FC 1510 - 2005-11-07
Federal Court Decisions55. [...] The Commission should only decline to deal with a complaint where it is "plain and obvious" that it lacks jurisdiction: [...] Because a decision not to deal with a complaint will summarily end a matter before the complaint is investigated, the Commission should only decide not to deal with a complaint at this stage in plain and obvious cases." [...] [18] Given these factors, in my opinion, it is fair and just that only the Intervenor bear the costs of the Applicant's success in the present Application.
-
3,630.
Mohamed v. Canada (Citizenship and Immigration) - 2020 FC 1145 - 2020-12-11
Federal Court Decisions[9] Issue A(1) is a question of procedural fairness. On such issues, the Court assesses whether the procedure was fair having regard to all the circumstances: Canada (Citizenship and Immigration) v Khosa, 2009 SCC 12 at para 43; Canadian Pacific Railway Company v Canada (Attorney General), 2018 FCA 69 at para 54. [...] Although this engages review of the relevant provisions, it remains a question of procedural fairness: see, e.g., Canadian Pacific at paras 34–36, 81–92 (interpretation of a statutory duty to make a decision within a fixed time period is a matter of procedural fairness); and Mission Institution v Khela, 2014 SCC 24 at paras [...] This statutory requirement ousts any common law procedural fairness requirements that might otherwise apply.
-
3,631.
Humane Society of Canada for the Protection of Animals and the Environment v. Canada (National Revenue) - 2015 FCA 178 - 2015-08-17
Federal Court of Appeal DecisionsThe consequence of this failure, the Appellant asserts, is that it is unable to obtain a fair hearing in this appeal. [...] However, this does not mean that there are no applicable laws of Canada dealing with such procedure. [...] The right to a fair hearing before this Court is safeguarded in the Rules and, more generally, in the principles of procedural fairness.
-
3,632.
Merck Canada Inc. v. Canada (Health) - 2021 FCA 224 - 2021-11-22
Federal Court of Appeal Decisions[24] On a fair reading of the decision, although not organized exactly as presented by Merck, the Minister considered all of Merck’s submissions. [...] [51] I agree with Merck that, because the Minister deals with this point, her views are judicially reviewable. [...] I would add that there is robust case law dealing with clear statutory time limitations.
-
3,633.
Adventurer Owner Ltd v. Canada - 2017 FC 105 - 2017-01-27
Federal Court DecisionsHe was also involved with Chapter V of SOLAS which deals with hydrographic issues. [...] [106] Should I be wrong on the issue of liability, it is appropriate that I deal with the quantum of plaintiff’s claim. [...] [122] The Crown points out that s 116 is found in Part 7 of the Act which deals with the Ship‒Source Oil Pollution Fund.
-
3,634.
Canada (Attorney General) v. Association of Justice Counsel - 2011 FC 530 - 2011-05-06
Federal Court Decisions[57] While the ERA is not the arbitration board’s home statute, it deals extensively with collective bargaining matters. [...] Stating that private sector lawyers, or those in the public sector employed at the provincial level, do not receive overtime pay may not be a fair comparison as those lawyers are often paid higher wages. [...] The portions of the award dealing with overtime and travelling time can be implemented on the date that they are effective which is 120 days from October 23, 2009.
-
3,635.
Lifescan Inc. v. Novopharm Ltd. - 2000-11-10
Federal Court Decisions[51] The burden of Mr. Smith's affidavit, which was not cross-examined upon, was to compare the 682 patent (dealing with the ONE TOUCH test strips) and the NOVO GLUCOSE test strips. [...] He also held while the record contained some evidence of confusion, there was no specific evidence such conclusion had led any customer to stop dealing or even consider not dealing with the respondent on future occasions. [...] LifeScan's thrust is undercut by what Mr. Justice MacKay had to say in Upjohn Co. et al. v. Apotex Inc., 51 C.P.R. (3d) 455 at 468 dealing with a similar argument.
-
3,636.
The McDonnell Consulting Corporation v. M.N.R. - 2005 TCC 62 - 2005-01-27
Tax Court of Canada Judgments(n) the Worker is not dealing with the Appellant at arm's length. [4] The Appellant agrees that these assumptions of fact were correct. [...] Employment arrangements made between persons, who are not dealing with each other at arm's length, are categorized as not included. [...] [11] The evidence produced before this Court was complete and fairly given and well articulated by the two witnesses for the Appellant, Michelle Ann Lewin and Thomas McDonnell.
-
3,637.
Glacier Raft Co. Ltd v. M.N.R. - 2003 TCC 559 - 2003-08-13
Tax Court of Canada Judgments... (i) employment if the employer and employee are not dealing with each other at arm's length. [...] (t) during the Period, the Appellant and Glacier were not dealing with each other at arms length; and [...] I do not find that to be a significant factor, however, in considering their terms of employment; considering all the evidence, I think it is a fair conclusion that this extra work amounted to no more than some telephone answering and the like before the season began and after it ended, and that it was not done by them qua
-
3,638.
Canadian Broadcasting Corporation (Radio-canada) v. Canada (Attorney General) - 2016 FC 933 - 2016-08-15
Federal Court Decisions[11] The Canadian military justice system consists of a two-tiered tribunal structure: summary trials, which are designed to deal with minor service offences, and courts martial, which deal with more serious offences and are tried either by a military judge alone or a military judge and a panel of senior members of the [...] In MacDonell c Flahiff, 1998 CanLII 13149 (QC CA) [MacDonell], two (2) appellants appealed an order allowing access to certain search warrants due to prejudice to their right to a fair trial. [...] [107] The AGC’s position is that it would be inappropriate for this court to tell another court how it should deal with requests for documents which form part of that court’s records.
-
3,639.
Frank Beban Logging Ltd. v. The Queen - 1998-01-20
Tax Court of Canada JudgmentsThe lobbyist hired by the appellant to deal with the provincial government had advised him the current administration was in disarray. [...] Verchere stated it had always been the position of FBL that the government of British Columbia owed it a moral obligation to deal fairly with the corporation in light of the cessation of logging on Lyell Island. [...] An award of additional interest under subsection 66(4) of the Expropriation Act is unrelated to the issue of fair compensation for expropriated lands.
-
3,640.
Rana v. Canada (Attorney General) - 2023 FC 1014 - 2023-07-25
Federal Court DecisionsA. Was Mr. Rana denied procedural fairness? [13] Mr. Rana submits that he was denied procedural fairness through the disclosure process and disciplinary hearing. [...] [15] Mr. Rana’s argument of procedural fairness is not persuasive for two reasons. [...] Mr. Rana has not established a breach of his right to procedural fairness.
-
3,641.
Yu v. Canada (Citizenship and Immigration) - 2022 FC 1360 - 2022-09-28
Federal Court Decisions[16] In my view, the determinative issue is this case is procedural fairness. [...] A. Procedural Fairness [17] Questions of procedural fairness are reviewed on the correctness standard: Canada (Minister of Citizenship and Immigration) v Khosa, 2009 SCC 12, per Binnie J at para 43. [...] [35] Given this procedural issue determines this appeal, there is no need to deal with the other issues raised.
-
3,642.
Delizia Limited v. Sunridge Gold Corp. - 2017 FCA 188 - 2017-09-15
Federal Court of Appeal DecisionsEach shareholder would then hold shares with a fair market value of $500,000. [...] It would simply mean that an interest in property was transferred at less than fair market value. [...] This did not represent a sum of money owing by Sunridge to Eritrea but rather an obligation to complete the deal to provide Eritrea (or ENAMCO) its 40% interest in the Asmara Mine project.
-
3,643.
Haniff v. Canada (Citizenship and Immigration) - 2012 FC 919 - 2012-07-20
Federal Court Decisions1. Did the Member fail to provide the Applicant with a full and fair hearing: [...] [13] The issue of the procedural fairness of the hearing before the Member is not reviewable on a standard of review; either the hearing was fair or it was not. [...] [26] In these circumstances, the Member’s statement that counsel should be “brief” did not prevent the Applicant from receiving a full and fair hearing or breach the principles of natural justice or procedural fairness.
-
3,644.
Canadian Arab Federation v. Canada (Citizenship and Immigration) - 2015 FCA 168 - 2015-07-24
Federal Court of Appeal DecisionsI. Was the Federation owed a duty of procedural fairness by the Minister? [...] Neither a statutory nor a contractual provision imposed any procedural fairness obligations on the Minister; accordingly, no duty of fairness arose (reasons at paragraph 38). [...] [37] I deal as follows with the Federation’s arguments on appeal. [38] First, a decision authorized by statute is unreasonable if it is made for arbitrary reasons or for reasons unrelated to the objects of the statute (Roncarelli v. Duplessis, [1959] S.C.R. 121, at pages 140-143 and 156).
-
3,645.
Ermineskin Cree Nation v. Canada (Environment and Climate Change) - 2021 FC 758 - 2021-07-19
Federal Court DecisionsIt will not be necessary to deal with procedural fairness or the reasonableness of the Designation Order. [...] [26] It is fair to say Ermineskin was frozen out of the process leading to the Designation Order. [...] I make no determination on this issue for the same reason I decline to deal with procedural fairness.
-
3,646.
Abbott Laboratories v. Canada (Minister of Health) - 2005 FC 1093 - 2005-08-10
Federal Court DecisionsAccordingly, these reasons will only deal with the > 606 Patent, > 274 Patent and > 361 Patent. [...] Fair? A. It appears that is has eluded him, yes. (Applicant=s Record, Volume 13, Tab 42, p. 186) [...] This would reveal that the Form 0 solvate loses solvent fairly readily when exposed to air.
-
3,647.
Canadian Food Inspection Agency v. Forum des Maires de la Péninsule Acadienne - 2004 FCA 263 - 2004-07-22
Federal Court of Appeal Decisions[27] This asymmetry of the Act is easily explained when we note that it deals not only with policies and commitments but also with rights and duties. [...] he was dealing with language rights recognized at a given time in a statute: [...] [81] What other remedy would be realistic, effective, fair and within the jurisdiction of the courts in the circumstances?
-
3,648.
Commissaire de la Concurrence c. Supérieur Propane Inc. - 2001 FCA 104 - 2001-04-04
Federal Court of Appeal Decisions[11] Second, the demand for propane is fairly inelastic, that is, consumers are relatively insensitive to price increases. [...] I deal first with the nature of the issue decided by the Tribunal in this case. [...] the Bill is concerned with fairness in the functioning of markets – fairness between producers and consumers, fairness between businesses and their suppliers, and suppliers and their customers.
-
3,649.
Bassij v. Canada (Citizenship and Immigration) - 2008 FC 1090 - 2008-09-29
Federal Court DecisionsHis claim for damages arises from his strongly held belief that he was not treated fairly or equitably by Immigration Canada officials throughout the immigration process. [...] Mr. Bassij, in his oral submissions, passionately described the circumstances of his arrival in Canada and the events dealing with Immigration Canada officials. [...] [10] Dealing with the duty of care, Mr. Bassij’s claim also fails because no private law duty of care is owed by Immigration Canada officials to Mr. Bassij.
-
3,650.
Pieters v. Canada (Attorney General) - 2004 FC 27 - 2004-01-09
Federal Court Decisions1. Is the jurisdiction of the Court to deal with this matter ousted on the basis that the internal mechanisms provided pursuant to the Public Service Staff Relations Act, R.S., c. P-35, s. 1 ("PSSRA")constitute a complete code governing workplace relations between the Crown and its employees? [...] For the same reasons as I expressed in Pieters 2003 #1, supra, it follows that the jurisdiction of this Court is ousted by the complete code for resolution of workplace disputes set out in the Collective Agreement and the PSSRA. Although this motion deals with an application for judicial review, rather than an action as in [...] Jugement déclaratoire - Il ne peut être fait opposition à une instance au motif qu'elle ne vise que l'obtention d'un jugement déclaratoire, et la Cour peut faire des déclarations de droit qui lient les parties à l'instance, qu'une réparation soit ou puisse être demandée ou non en conséquence.