11,312 result(s)
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3,776.
Radil Bros. Fishing Co. Ltd. v. Canada - 2002 FCT 1237 - 2002-11-28
Federal Court Decisions[12] Paragraphs 38 and 39 deal with the structure of licence record-keeping at Fisheries. [...] However, paragraphs 26, 33 and 34 deal with, as I say, negligent record-keeping, not negligent misrepresentation. [...] Because the Court of Appeal's Order and Reasons are fairly concise, I have taken a restrictive view of the allowable amendments.
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3,777.
Johnson v. Canada (Attorney General) - 2008 FC 1357 - 2008-12-12
Federal Court Decisions[18] The evidence filed in Mr. Johnson’s record indicates that the policy was adopted on legal advice to deal with the potential misuse of Court information. [...] In addition, he asked that Ms. Leblanc be prohibited from dealing with inmate grievances and that CSC staff be brought into line with the law. [...] The events complained of occurred in a correctional setting where custodial officials are dealing with multiple offenders and the many problems that arise on a daily basis.
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3,778.
Vaillancourt v. Vaillancourt - 2007 FC 1294 - 2007-12-10
Federal Court Decisions(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 [...] c) obliger une personne à faire un paiement, conformément au paragraphe 224(1);
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3,779.
Apotex Inc. v. Canada (Attorney General) - 1996-11-22
Federal Court DecisionsFor the respondents, it is urged that these arguments essentially deal with non-justiciable issues, beyond the scope of the Court's responsibility or authority in judicial review. [...] I deal briefly with each of the arguments of Apotex in turn, none of which, in my view, is persuasive. [...] CDMA argued, but I am not persuaded, that aside from that doctrine, a special duty of fairness applies in this case because of the Minister's promise.
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3,780.
Beattie v. Canada - 2005 FC 715 - 2005-05-18
Federal Court Decisions(c) paragraph 42 of his affidavit deals with the methods of payment to treaty Indians who were absent on treaty pay days. [...] Second, the honour of the Crown is always at stake in its dealing with Indian people. [...] Anything else would amount to be a denial of fair dealing and justice between the parties.
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3,781.
Drolet v. Stiftung Gralsbotschaft - 2007 FC 1276 - 2007-12-05
Federal Court Decisions[1] In this case, the Court is dealing with a motion by the respondents and plaintiffs by counterclaim (the respondents) under Rules 75 et seq. and 210 of the Federal Courts Rules (the Rules) to amend their defence and counterclaim (the defence) to include a new cause of action for a copyright infringement against the [...] This dispute is therefore one that deals first and foremost with trademarks. [...] [7] Although I am aware of the freedom expressed in case law in respect of amendments (see, inter alia, Canderel Ltée v. Canada, [1994] 1 F.C. 3 (C.A.) and VISX Inc. v. Nidek Co., [1998] F.C.J. No, 1766), I do not believe that it is fair or in the interest of justice in the case at hand for the amended defence to be
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3,782.
Gitxsan Treaty Society v. Hospital Employees Union - 1999-03-12
Federal Court of Appeal Decisions[4] I shall deal with these motions together. [5] It appears to me that it would be in the interests of justice to consider a motion made under Rule 107. [...] The question of the state of the Board record and whether this Court could fairly entertain a constitutional argument on the basis of that record is one which must be explored with care, and it is not possible to do so on the basis of the written arguments as filed on the motion in writing under Rule 369. [...] Apart from determining the Rule 107 motion, the pre-hearing conference will deal with the matters set out in Rule 263 (adopted by reference in Rule 315) to the extent that they are applicable.
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3,783.
Gitxsan Treaty Society v. Hospital Employees Union - 1999-03-12
Federal Court of Appeal Decisions[4] I shall deal with these motions together. [5] It appears to me that it would be in the interests of justice to consider a motion made under Rule 107. [...] The question of the state of the Board record and whether this Court could fairly entertain a constitutional argument on the basis of that record is one which must be explored with care, and it is not possible to do so on the basis of the written arguments as filed on the motion in writing under Rule 369. [...] Apart from determining the Rule 107 motion, the pre-hearing conference will deal with the matters set out in Rule 263 (adopted by reference in Rule 315) to the extent that they are applicable.
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3,784.
Almrei v. Canada (Minister of Citizenship and Immigration) - 2005 FCA 54 - 2005-02-08
Federal Court of Appeal Decisions4. Whether the ex parte and in camera process resulted in a breach of the principles of fairness [...] (c) the judge shall deal with all matters as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit; [...] Instructive as it is, this case, however, deals with a different situation.
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3,785.
Kisana v. Canada (Citizenship and Immigration) - 2009 FCA 189 - 2009-06-04
Federal Court of Appeal DecisionsIt is certain, with Baker, that the interests of the children are one factor that an immigration officer must examine with a great deal of attention. [...] Whether fairness so requires will therefore depend on the facts of each case. [...] I think it is fair to say that the letter, which appears at pages 128-129 of the appeal book, contains some ambiguity.
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3,786.
Mccallister v. Maritime Employers Ass. - 1999-07-15
Federal Court Decisions[para15] It is not necessary to deal with the other arguments of the applicants. [...] They submit that by failing to take these steps, the CHRC breached the standard of procedural fairness. [...] [73] With respect to the rules of procedural fairness, Nadon J. stated in Slattery (supra) at page 604:
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3,787.
Abbott Laboratories Ltd. v. Canada (Minister of National Revenue) - 2004 FC 140 - 2004-01-29
Federal Court Decisions[24] I now deal with other alleged defects advanced by the applicants for certain groups of decisions. [...] 5. The Senate Committee had the necessary expertise to deal with any relevant issue. [...] [84] The nature of the de novo procedures either make those errors moot or will provide the applicants ample opportunity to deal with them and seek their reversal.
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3,788.
Merck & Co., Inc. v. Apotex Inc. - 1998-01-23
Federal Court DecisionsFinally, I deal with the issue of costs as raised by Merck. The issues tried in the action [...] The only Rules that might provide a basis for argument in this case are Rules 337(5) and (6) - to correct accidental errors or oversight in the terms of the final order in accord with the expressed intent of the Court, or clerical errors, accidental slips or omissions, or Rule 1733 - to deal with new matter or with fraud. [...] dealings, with a view to ensuring the Court has a full and fair view of the background as perceived by both parties, the party taking that risk of presenting a less than full view should expect, if it is unsuccessful, to bear some of the costs incurred by the other party in ensuring the Court has a full and fair overview.
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3,789.
Canada (Citizenship and Immigration) v. Taylor - 2007 FCA 349 - 2007-11-02
Federal Court of Appeal Decisions[28] Part III deals with various topics, including the status of aliens. [...] It deals with persons born before January 1, 1947, as well as with those born thereafter. [...] It deals with persons born in Canada as well as with those born outside Canada.
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3,790.
Apotex Inc. v. Takeda Canada Inc. - 2013 FC 1237 - 2013-12-11
Federal Court DecisionsThis argument overlooks the fundamental distinction between the way in which courts deal with alleged past events and the way in which courts deal with potential future or hypothetical events. [...] Justice Hughes in Alendronate 2012 fairly described the rebate practice and issues: [...] It is a principle based on fairness and is open to exceptions and to court discretion.
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3,791.
Jahantigh v. Canada (Citizenship and Immigration) - 2023 FC 1253 - 2023-09-19
Federal Court DecisionsFirst, the timing of the appearance of the 11th Hour Procedural Fairness Letter is inefficient and unfair to Mr. Jahantigh. [...] [11] In this regard, Mr. Jahantigh argues the Court should effectively ignore the 11th Hour Procedural Fairness Letter. [...] [12] I do not agree that the Court should simply ignore the 11th Hour Procedural Fairness Letter.
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3,792.
Lapointe v. M.N.R. - 2005 TCC 752 - 2005-12-19
Tax Court of Canada JudgmentsAn initial four-day festival was organized during FAIRE's first year of existence, but FAIRE does not really appear to have really taken off until 2004. [...] [3] The first constituent general meeting of FAIRE was held on June 3, 2004. [...] [21] The provisions of the Civil Code of Québec that deal with contracts in general and with employment contracts, and which are relevant to the case at bar, are the following:
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3,793.
Apotex Inc. v. Eli Lilly and Company - 2018 FCA 217 - 2018-11-23
Federal Court of Appeal DecisionsYet, in many such cases, a holistic, organic and fair review of their reasons against the record shows they brought to bear all correct principles. [...] Considering the Federal Court’s findings of fact, the granting of damages for those sales effectively lost by reason of the infringement was fair and proportionate with regard to the wrongful conduct. [...] [146] Section 36 of the FC Act deals with the awarding of prejudgment interest by the Federal Court.
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3,794.
Apotex Inc. v. Canada (Health) - 2010 FCA 334 - 2010-12-09
Federal Court of Appeal Decisions[106] The Data Protection Regulation deals with the approval of the marketing of new drugs. [...] [56] I will first deal with the delegation issue and then with the constitutional issue. [...] [106] The Data Protection Regulation deals with the approval of the marketing of new drugs.
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3,795.
Hinzman v. Canada (Minister of Citizenship and Immigration) - 2006 FC 420 - 2006-03-31
Federal Court DecisionsThe Ranger program is an elite leadership training course which enables individuals to deal with combat situations successfully, by making the right decisions with limited resources. [...] Such an examination discloses that, when read fairly, in its entirety, the decision supports the interpretation of paragraph 171 discussed in the preceding paragraphs. [...] However, given the decision of the Federal Court of Appeal in Al-Maisri, it is fair to say that the issue is not entirely free from doubt.
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3,796.
Fitzpatrick v. Codiac Regional RCMP Force, District 12 - 2022 FC 841 - 2022-06-07
Federal Court Decisions(d) may prejudice or delay the fair trial of the action, d) qu’il risque de nuire à l’instruction équitable de l’action ou de la retarder; [...] The reason for this is simple – it is not fair to a defendant to have to respond to claims that are not explained in sufficient detail for them to understand what the claim is based on, or to have to deal with claims based on unsupported assumptions or speculation. [...] Neither is it fair to the Court that will have to ensure that the hearing is done in a fair and efficient manner.
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3,797.
A.B. v. Canada (Citizenship and Immigration) - 2022 FC 711 - 2022-05-13
Federal Court DecisionsHis claim for protection was based on his fear of the Iranian government targeting him after he refused to complete corrupt business deals for the government. [...] b) d’engager quelqu’un, en lui faisant roire que ce document est authentique, à faire ou à s’abstenir de faire quelque hose, soit au Canada, soit à l’étranger. [...] (2) Faire un faux document comprend : a) l’altération, en quelque partie essentielle, d’un document authentique;
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3,798.
Robert v. Canada (Attorney General) - 2020 FC 598 - 2020-05-07
Federal Court DecisionsUnder the National Defence Act, RSC, 1985, c N-5, it is stated that “the Chief of the Defence Staff is the final authority in the grievance process and shall deal with all matters as informally and expeditiously as the circumstances and the considerations of fairness permit” (section 29.11). [...] There appears to be a great deal of advice circulating within the military on this matter. [...] [54] Finally, the allegation of a breach of procedural fairness is unfounded.
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3,799.
Union of Municipalities of New Brunswick v. Canada (National Revenue) - 2015 FC 752 - 2015-06-16
Federal Court DecisionsThe organization deals with policing, governance, population growth, economic development and other issues of interest to the member municipalities. [...] Were it not for the UMNB, each municipality would have to deal with these issues on an individual basis. [...] The opportunity to make written submissions satisfied the requirements of the duty of fairness in these circumstances.
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3,800.
Johnson v. Canada - 2013 FC 1032 - 2013-10-11
Federal Court DecisionsParliament has set up a complex structure to deal with a multitude of tax-related claims and this structure relies on an independent and specialized court, the Tax Court of Canada. [...] In that case, the Court reminded us that judicial review is directed at the “...legality, reasonableness and fairness of the procedures employed and actions taken by the government decision maters.” [...] The Applicant’s arguments are speculative and would require a good deal of conjecture in order to be accepted.