11,315 result(s)
-
4,001.
Watts v. The Queen - 2005 TCC 651 - 2005-10-25
Tax Court of Canada Judgments[3] I propose to deal first with the wages in the amounts of $7,231 and $7,412 that the Appellant asserts were paid to his son in the two taxation years in issue. [...] But, you know, moving items that were completed that were in a colour coded area into another colour coded area is a fairly simple process." [...] This is particularly so when it comes to motor vehicle expenses, since the Act has a number of provisions which deal with different kinds of uses, what is necessary, what is not necessary, and in fact even deals with the utilization of a vehicle provided by the employer for both business and personal use.
-
4,002.
Dodds v. M.N.R. - 2004 TCC 29 - 2004-01-30
Tax Court of Canada JudgmentsObviously, he had done a great deal of research concerning the meaning of being an independent contractor or an employee. [...] He received guidance from the brochure dealing with that subject prepared by Canadian Customs and Revenue Agency (CCRA). [...] According to the Appellant, he could do business with others at the same time as working with the Payor but he felt that for his own success and in fairness to the Payor he should devote his full efforts to bringing in business for the Payor.
-
4,003.
Hartley v. Canada (Minister of Citizenship and Immigration) - 2000-05-12
Federal Court DecisionsErred in law by failing to deal with in their decision important legal issues raised by the Applicant's counsel during the hearing of the Applicant's Refugee Claim. [...] While political opinion was raised at a very late stage of the proceedings, the Court has decided to deal with it because this case is one involving human rights and the issue is critical to the case. [...] [9] Natural justice and procedural fairness require the panel to consider the arguments put forward by the claimant.
-
4,004.
Hughes v. Canada (Attorney General) - 2021 FC 147 - 2021-02-12
Federal Court Decisions(4) Did the Tribunal afford Mr. Hughes sufficient procedural fairness in the hearing? [...] Mr. Hughes was not prejudiced, and indeed, requested a great deal of information about ten processes. [...] The Tribunal’s Decision, for all ten processes at issue, was both reasonable and fair.
-
4,005.
Lupsa v. Canada (Citizenship and Immigration) - 2009 FC 1054 - 2009-10-16
Federal Court 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. [...] Procedural fairness [77] The applicant argues that the Minister’s Delegate did not demonstrate procedural fairness in his case given the time she took to render her decision. [...] It 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.
-
4,006.
Eli Lilly Canada Inc. v. Novopharm Limited - 2008 FC 281 - 2008-03-03
Federal Court Decisions[3] Rules 222 to 233 of the Rules deal with discovery of documents under the heading in the Rules “Discovery and Inspection”. [...] [12] On June 5, 2007 my colleague Justice Hughes, in a decision cited 2007 FC 596 dealing with the same patent but connected to a Notice of Allegation (NOA) by Novopharm, refused to prohibit the Minister of Health from issuing a NOC to Novopharm for its Novo-olanzapine product. [...] Justice Strayer held that Rule 385 of the Rules dealing with the scope of case management did not authorize a prothonotary to deny a party the legal right to have questions answered on examination for discovery which are relevant to the issues in the pleadings, a right clearly spelled out in Rule 240.
-
4,007.
Cohen v. The Queen - 2008 TCC 550 - 2008-10-30
Tax Court of Canada JudgmentsHowever, at some point the appellant did start to have some concerns about the extent to which she was finding it necessary to contribute not only her share of expenses, but a good deal of her husband's share as well. [...] It is not exactly clear why the down payment on the property is said to be $27,800, although I would think it a fair inference that the difference between $27,500 and $27,800 would be accounted for by legal fees and other closing costs associated with the original acquisition. [...] JUSTICE BOWIE: -- not a great deal for disbursements, but is reflective of my view of the fact that we had to have this trial today.
-
4,008.
Stevens v. Canada (Attorney General) - 2007 FC 716 - 2007-07-06
Federal Court Decisions[19] The Court retains jurisdiction to deal with the issue of second counsel if the parties cannot agree. [...] [23] I retain jurisdiction to deal with this matter. ORDER [24] IT IS ORDERED that: [...] 3. The Court retains jurisdiction to deal with the issue of second counsel if the parties cannot agree and to deal with any other outstanding issues as noted in paragraph 22 of these reasons.
-
4,009.
Aircraft Technical Publishers v. Atp Aero Training Products Inc. - 1998-07-15
Federal Court DecisionsThe affidavit deals with alleged confusion. It also suggests a lengthy delay by the Applicant in doing anything about the use of the ATP trade-mark by the Company and a five year delay in challenging the Company's use of ATP as a registered trade-mark. [...] Thus, among other points, the Burke affidavit deals with distinctiveness and confusion, although it is perhaps not as strong on these points as one might wish. [...] This concept, of comparing goods, may not be as important as it once was, given the manner in which "confusing" is defined in the Trade-marks Act, however Section 6(5)(c) still lists this as a circumstance to be considered when dealing with confusion between trade-marks.
-
4,010.
Lawrence v. The Queen - 1996-11-06
Federal Court DecisionsFor example, both section 111 of the Pension Act and Part II of the Royal Canadian Mounted Police Superannuation Act deal with pensions for disability. [...] reports were waived, it would not only be impractical to try to organize expert evidence, as to the Plaintiff's abilities or inabilities going to disability, but also it would substantially lengthen and complicate what is presently, as I have said, a fairly neat four-day trial package dealing solely with liability. [...] Still dealing with the requirement that an amendment must be relevant.
-
4,011.
Deacon v. Canada (Attorney General) - 2006 FCA 265 - 2006-07-26
Federal Court of Appeal DecisionsThey find their meaning in the cases and traditions that have long detailed the basic norms for how the state deals with its citizens. [...] We cannot deal with long-term offenders as if there are no constitutional Charter rights; equally, we cannot consider Charter rights as if there are no long-term offenders. [...] It is thus apparent that Fleming v. Reid was dealing with a particular fact situation and did not suggest that an unqualified or absolute right to refuse medication in all situations is a principle of fundamental justice under section 7.
-
4,012.
Gilling v. Cox - 2004 FC 1743 - 2004-12-15
Federal Court DecisionsIt was apparent that the vessel required a fairly extensive refit, as she had laid virtually unattended for a number of years. [...] The plaintiff had a fair undertaking ahead of him, both in respect of the repainting of the vessel and attending to the varnishing of the spars. [...] He did not want to deal directly with the plaintiff and was asking him the name and address of his solicitors or lawyers.
-
4,013.
Herring v. The Queen - 2022 TCC 41 - 2022-03-31
Tax Court of Canada JudgmentsIf the returns were insufficient, he understood that he might “potentially” have to repay the loans or cover the shortfalls but made no contingency plans to deal with this. [...] (a) the amount of the advantage does not exceed 80% of the fair market value of the transferred property; or [...] The exception applies if the amount of the advantage described in the opening words does not exceed 80% of the fair market value of the transferred property.
-
4,014.
Eli Lilly Canada Inc. v. Mylan Pharmaceuticals ULC - 2015 FC 178 - 2015-02-23
Federal Court DecisionsThis testing would require numerous experiments and take a great deal of time. [...] The public is entitled to rely on the words used provided the words used are interpreted fairly and knowledgeably. [...] Moreover, the Cephalon case deals with a different patent, different facts and different evidence.
-
4,015.
Brown v. Canada (Attorney General) - 2024 FC 458 - 2024-03-25
Federal Court DecisionsTP was dealing with the injuries for a long time to come. I had a phone conversation with TP on June 5, 2023 and TP stated that they had still not returned to the workforce and the injury is a factor in that. [...] Procedural fairness requirements depend on context. A reviewing court is required to consider whether the procedure was fair having regard to all of the circumstances: Canadian Pacific Railway at para 54. [...] [14] From a procedural fairness perspective, Mr. Brown was aware of the case he had to meet and he was given a full and fair chance to respond: Canadian Pacific Railway at para 56.
-
4,016.
Elnour El Senoussi v. Canada (Citizenship and Immigration) - 2024 FC 74 - 2024-01-18
Federal Court DecisionsDid the RPD breach the principle of procedural fairness? B. Is the RPD’s decision reasonable? [...] The other two trips are noted in the Minister’s allegations, and the RPD did not breach procedural fairness by noting the applicant’s objections and testimony on this matter. [...] [25] The applicant put a great deal of emphasis on the first point, in that it was impossible for him to be Chad in October 2014.
-
4,017.
Al-Rubaye v. Canada (Citizenship and Immigration) - 2023 FC 1089 - 2023-08-09
Federal Court Decisions[5] On December 22, 2019, the Officer sent the Applicant a procedural fairness letter [PFL]. [...] Did the Officer breach the Applicant’s procedural fairness rights by failing to provide him an opportunity to respond to the Officer’s concerns? [...] The second issue deals with procedural fairness, which is subject to judicial scrutiny to ensure that a fair and just process was followed, an exercise best reflected in the correctness standard even though, strictly speaking, no standard of review is being applied (see Canadian Pacific Railway Company v Canada (Transport
-
4,018.
Jean v. Canadian Broadcasting Corporation - 2015 FC 541 - 2015-04-28
Federal Court Decisions1. Did the Commission’s investigator breach his duty of procedural fairness? [...] A. Procedural fairness [17] The applicant argues that the investigator’s decision not to interview Ms. Tanguay, a key witness in the case, was an error on his part and a breach of the principles of procedural fairness. [...] In Slattery, at pages 600 and 601, Justice Nadon notes that the omission to deal with certain allegations in the investigator’s report or in the Commission’s decision does not mean that these allegations were not considered.
-
4,019.
Caglayan v. Canada (Citizenship and Immigration) - 2012 FC 485 - 2012-04-25
Federal Court DecisionsAccordingly, there has been no failure to the duty to act fairly since the Letter clearly invited the applicant to produce additional documents. [...] As Justice Mandamin stated in Zare v Canada (Minister of Citizenship and Immigration), 2010 FC 1024 at para 40, “the respondent has an obligation to deal with the Applicant fairly which goes beyond simply pressing the email send button.” [...] In dismissing the present application on the basis that, technically speaking, there has been no breach of the duty to act fairly, I can only urge the Minister to be sensitive to this reality.
-
4,020.
Tahmourpour v. Royal Canadian Mounted Police - 2012 FC 378 - 2012-03-30
Federal Court DecisionsA. Did the Tribunal Breach Natural Justice or Procedural Fairness by Making a Determination Without Giving the Parties an Opportunity to Make Further Submissions? [...] [23] The Tribunal can adopt the most expeditious procedures in dealing with the matters before it. [...] Since this was not the case, the Applicant was accorded procedural fairness and there was no violation of legitimate expectations and the right to be heard.
-
4,021.
Bellefleur v. Diffusion Laval Inc. - 2012 FC 172 - 2012-02-08
Federal Court Decisionsa. Does the Referee’s decision breach the applicant’s right to procedural fairness or the principles of natural justice? [...] Their remedial nature and their provision for timely settlements of disputes imply that Parliament intended to give a great deal of latitude to referees and to limit the courts’ power to intervene. [...] a. Did the Referee’s decision breach the applicant’s right to procedural fairness or the principles of natural justice?
-
4,022.
Canada (Citizenship and Immigration) v. Louis - 2009 FC 674 - 2009-06-29
Federal Court Decisions[13] In the case at bar, the first question raised by the applicant deals with assessing the evidence and the credibility of the respondent with respect to the question of when, exactly, he entered the territory of the United States. [...] [16] The applicant is complaining that the Board [translation] “erroneously assessed and capriciously set aside Exhibit M-1, failing to give it fair value” (Applicant’s Memorandum, at paragraph 19). [...] [24] Given the Court’s findings concerning the breach of procedural fairness rules, this question becomes moot.
-
4,023.
Sam Lévy & associés inc. v. Mayrand - 2006 FCA 205 - 2006-05-30
Federal Court of Appeal Decisionsa) peut faire prêter serment; (b) is not bound by any legal or technical rules of evidence in conducting the hearing; [...] (c) shall deal with the matters set out in the notice of the hearing as informally and expeditiously as the circumstances and a consideration of fairness permit; and [...] ... ... (e) deprive a person of the right to a fair hearing in accordance with the principles of fundamental justice for the determination of his rights and obligations;
-
4,024.
Corbett v. The Queen - 2005 TCC 756 - 2005-11-23
Tax Court of Canada Judgments(a) What was the total fair market value of the Property as of December 26, 1996? [...] That remains less than the assessment appealed which fixed the fair market value of Lot2 at $394,000. [...] [21] The Court finds the fair market value of Lot 2 on December 26, 1996 to have been $363,985.05.
-
4,025.
Shafi v. Canada (Minister of Citizenship and Immigration) - 2005 FC 714 - 2005-05-18
Federal Court DecisionsA fair reading of this RPD decision is that the RPD did not accept the sister's evidence of their respective Somali nationality. [...] [17] As the Officer went on to consider the issue of whether national identity had been established, it is necessary to deal with that finding. [...] This is nothing more than a codification of some of the principles of natural justice and of fairness.