11,315 result(s)
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4,401.
Genex Communications Inc. v. Canadian Radio-Television and Telecommunications Commission - 2004 FCA 279 - 2004-08-26
Federal Court of Appeal DecisionsThat the CRTC interpreted paragraph 3(b) of the Radio Regulations, 1986 dealing with the prohibition of broadcasting abusive comment in an erroneous and absurd way; [...] That the CRTC clearly infringed the rules of natural justice, the rules of procedural fairness and the CRTC Rules of Procedure, before, during and after the public hearings regarding renewal of the CHOI-FM licence; [...] Service and filing in the record, if applicable, of the respondents' evidence dealing with requirements set out in the Canadian Charter of Rights and Freedoms;
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4,402.
Duplessis v. Canada - 2004 FC 154 - 2004-01-30
Federal Court DecisionsThe action alleges general systemic and policy failure by the Armed Forces to prepare for, recognize, guard against, treat, and deal with PTSD and to take proper account of the fact that it may and does occur in the absence of physical injury. [...] [6] The material facts alleged in support of all these different grounds of claim are, in my view, inextricably intertwined and I find it impossible in any practical way to deal with them separately on a motion such as this. [...] 24. Dans des poursuites exercées contre lui, l'État peut faire valoir tout moyen de défense qui pourrait être invoqué:
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4,403.
Ghadban v. Cleo D (The) - 2000-04-05
Federal Court Decisions[3] The Respondent suggest that after reviewing the file it appears that the examination of the Plaintiff conducted on June 23, 1999 did not deal properly with various issues relevant in this matter. [...] [11] Pursuant to the Affidavit of Manon Gauthier the Defendants suggest that the "said examination" did not deal properly with the following issues which are in dispute in this matter: [...] Prière de faire traduire le(s) document(s) ci-annexé(s) selon les Règles de la Cour fédérale et en conformité de la Loi sur les langues officielles.
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4,404.
Wic Premium Television Ltd. v. Levin - 2000-02-16
Federal Court DecisionsThe motions before the Court deal with various matters related to the February 28 hearing, including a request for an adjournment of that hearing by the Defendant. [...] Justice Heneghan was not available in Winnipeg on that date, and could not deal with the matter from the location at which she found herself on that date. [...] My reasons for proceeding with the interlocutory injunction application first, even though it was filed last, is that, it would not be fair to Mr. Levin to expose him to the risk of a final determination of his rights on the current status of the pre-hearing procedures.
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4,405.
Brooks Wetsuits Ltd. v. Canada (Minister of National Revenue) - 1999-09-13
Federal Court Decisions[3] After a good deal of negotiation and accommodation by both parties about an original duty assessment of $37,714.22, the Defendant ("the Minister") determined that the neoprene material used for the manufacture sprayskirts subsequently sold in Canada did not meet the end use provision of Tariff Code 4370 as an accessory [...] As authority for this point, dealing with a similar appeal provision to the one in the present case, the following passage from MacKay J"s decision in Mattu v. Canada (Minister of National Revenue) (1992), 45 F.T.R. 190 at 197-198 is relied upon: [...] Accordingly, as the Minister did not have the benefit of this evidence in reaching a decision, I find that the fair and just result is to allow the appeal on this basis, and I so order.
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4,406.
Mui v. Canada (Minister of Citizenship and Immigration) - 1998-03-20
Federal Court DecisionsI will deal at the end of the reasons with the submissions that were made concerning two affidavits, the admissibility of which is challenged. [...] In any event, in order to ensure fairness, the applicant's application should be referred back for reassessment by another officer. [...] With respect to the affidavit of Priscilla Lee, portions of that affidavit are irrelevant, some of it would have been better coming directly from Mr. Mui, as within his personal knowledge, and there is a great deal of hearsay in the affidavit.
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4,407.
Coldwater First Nation v. Canada (Indian Affairs and Northern Development) - 2013 FC 1138 - 2013-11-07
Federal Court DecisionsWe wish to give you fair notice that we will not be held liable for any consequential damage that may result. [...] Currently, the National Energy Board Act, RSC 1985, c. N-7 deals with such matters. [...] Section 52 of that Act deals with certificates that the Board may issue when a pipe line is complete.
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4,408.
Baptiste v. The Queen - 2011 TCC 295 - 2011-06-09
Tax Court of Canada JudgmentsThe location of her work was in Toronto but she had a fair number of joint meetings away from the office with other organizations. [...] She also participated in various career fairs, especially those aimed specifically at Aboriginal students. [...] An examination of the decisions bearing on these sections confirms that Indians who acquire and deal in property outside lands reserved for their use, deal with it on the same basis as all other Canadians.
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4,409.
J.D. Irving Ltd. v. General Longshore Workers, Checkers and Shipliners of the Port OF Saint John - 2003 FCA 266 - 2003-06-13
Federal Court of Appeal Decisions[73] But the Board has made a representation order which deals with employers in the longshoring industry: [...] The balance of the decision dealt with issues of procedural fairness and the Board's jurisdiction over the employer's labour relations. [...] As a result, I do not see the decision in Offshore Logistics dealing with an order made under subsection 34(1) as inconsistent with my disposition of this application dealing with an order made under subsection 34(3).
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4,410.
Rallysport Direct LLC v. 2424508 Ontario Ltd. - 2019 FC 1524 - 2019-11-28
Federal Court DecisionsFurthermore, they submit such use of RSD’s photographs and product descriptions constitutes “fair dealing” under s 29 of the Copyright Act. [...] In its Reply, RSD addressed the issues of subsistence of copyright and the alleged infringing activities of the Defendants in relation to RSD’s photographic images and product descriptions in which copyright allegedly subsists, the alleged false and misleading representations by RSD, the alleged “fair dealing” by the [...] Summary judgment rules must be interpreted broadly, favouring proportionality and fair access to affordable, timely and just adjudication; to be “fair and just” the process “must permit a judge to find the facts necessary to resolve the dispute and to apply the relevant legal principles to the facts as found”: Milano Pizza,
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4,411.
Qin v. Canada (Citizenship and Immigration) - 2013 FC 147 - 2013-02-08
Federal Court DecisionsProcedural fairness, though, required that the officer disclose the fact he was relying on this data to the applicant so as to provide her with an opportunity to respond to it. [...] Did the officer violate procedural fairness in failing to disclose to the applicant that he was considering the HRSDC wage data? [...] [40] The failure of the officer to inform the applicant of his consideration of average wage data thus amounts to a violation of procedural fairness.
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4,412.
Knecht v. Canada (Attorney General) - 2009 FC 940 - 2009-09-21
Federal Court DecisionsThe Fairness Officer prepares a report and makes a recommendation on the taxpayer’s First Level Request. [...] (ii) where that person is a corporation, is not dealing at arm’s length with that person, [...] (ii) where that person is a corporation, is not dealing at arm’s length with that person,
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4,413.
Jogiat v. Canada (Citizenship and Immigration) - 2009 FC 815 - 2009-08-10
Federal Court Decisions[35] I wish to first deal with Issue 4. [36] Issue 4 Did the officer fail to observe the principles of procedural fairness in failing to provide adequate reasons? [...] [41] Therefore, in my opinion, the applicant was not accorded procedural fairness. [...] [42] Because of my finding on Issue 4, I need not deal with the remaining issues.
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4,414.
Hameed v. Canada (Prime Minister) - 2024 FC 242 - 2024-02-13
Federal Court DecisionsSome courts have had to deal with a 10 to 15% vacancy rate for years now. [...] Some courts have had to deal with a 10 to 15% vacancy rate for years now. [...] Failure “to deal fairly, quickly and efficiently with criminal trials inevitably leads to the community’s frustration with the judicial system and eventually to a feeling of contempt for court procedures” (p. 1221).
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4,415.
Zaheer v. Canada (Citizenship and Immigration) - 2024 FC 263 - 2024-02-21
Federal Court Decisions[6] The Applicant argues that his right to procedural fairness was compromised because the PRRA Officer was unduly influenced by the reasons set out in an earlier decision by a U.S. Immigration Judge. [...] It is also significant that the PRRA Officer and the U.S. Immigration Judge were dealing with the same claims and it appears much of the same evidence, and so it is not surprising there is a resemblance on some of the reasoning. [...] [15] Therefore, there was no breach of procedural fairness or natural justice.
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4,416.
Dubow-Noor v. Canada (Citizenship and Immigration) - 2017 FC 35 - 2017-01-11
Federal Court DecisionsC. Did the RAD breach principles of procedural fairness by not providing the Applicant with an opportunity to respond to the Google Maps search? [...] [10] The Applicant acknowledges that the RAD did independently assess the evidence dealing with forced recruitment, but contrasts that part of the Decision with the RAD’s assessment of the RPD’s credibility findings. [...] C. Did the RAD breach principles of procedural fairness by not providing the Applicant with an opportunity to respond to the Google Maps search?
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4,417.
Okoroze v. The Queen - 2012 TCC 360 - 2012-10-16
Tax Court of Canada JudgmentsI find, though, that he has included a great deal of material in his notice of appeal that is not properly part of a notice of appeal. [...] (a) may prejudice or delay the fair hearing of the action, (b) is scandalous, frivolous or vexatious, or [...] Self‑represented taxpayers who bring appeals under the General Procedure must be held to a reasonable standard of compliance with the Rules in order to ensure that the litigation proceeds in an orderly, efficient and fair manner.
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4,418.
AYC Pharmacy Ltd. v. Canada - 2009 FC 554 - 2009-05-27
Federal Court DecisionsLast month the Federal Court of Appeal in Irving Shipbuilding Inc. v. Canada (Attorney General), [2009] F.C.J. No. 449, 2009 FCA 116 observed that the impact of these decisions was such that judicial review was all but ousted when dealing with commercial arrangements. [...] In Dunsmuir the Court considered (at paras. 102-17) the appropriateness of imposing a duty of fairness prior to the dismissal of a Crown employee and office holder. [...] However, given the powerful reasons for leaving procurement disputes to the law of contract, it will only be in the most extraordinary situations that subcontractors should be permitted to bring judicial review proceedings to challenge the fairness of the process.
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4,419.
Yue v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 423 - 2003-04-10
Federal Court Decisions1. Did the visa officer breach the duty of fairness by not giving Ms. Sun an adequate opportunity to respond to his concerns? [...] [6] I will deal with each of these issues in turn. A. Did the visa officer breach the duty of fairness by not giving Ms. Sun an adequate opportunity to respond to his concerns? [...] The officer discharged his duty to treat Ms. Sun fairly. B. Did the visa officer fetter his discretion by requiring proof of banking history over an 18- month period?
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4,420.
Unitel International Inc. v. Canada (Registrar of Trade-Marks) - 1998-01-15
Federal Court DecisionsIt is considered that the proper place for challenges to claimed dates of first use to be considered is in opposition proceedings or in proceedings before the courts, which include appropriate procedures and evidentiary mechanisms for dealing with contested issues of this nature. [...] [11] Second, I am of the view that the scheme of the Act as a whole provides a person in a situation analogous to that of the applicant with sufficient guarantees of procedural fairness from the time of the filing of its application No. 660,367. [...] [12] As regards procedural fairness, the Supreme Court of Canada, in Attorney-General of Canada v. Inuit Tapirisat of Canada et al.
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4,421.
Buckingham v. The Queen - 2010 TCC 247 - 2010-05-06
Tax Court of Canada JudgmentsIt appears that following the events of 9/11, a great deal of the Appellant’s time would have been devoted to pursuing options to raise capital and deal with the declining sales. [...] I will therefore deal with these remittance obligations separately. Unremitted Payroll Amounts [...] So meanwhile, we had a fair... We had a fair buildup of people to handle execution of the contract, so we started...
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4,422.
Siddiqui v. Canada (Citizenship and Immigration) - 2015 FC 329 - 2015-03-17
Federal Court DecisionsI first told counsel that I would not deal with any matter that was not at first raised with the RPD, subject to what follows. [...] The “tribunal of first instance should be given the opportunity to deal with the issue first and make its views known” (Ibid at para 24). [...] It was therefore essential to deal with this confusion in order to determine the reasonableness of the decision.
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4,423.
Pelletier v. The Queen - 2009 TCC 358 - 2009-07-03
Tax Court of Canada JudgmentsAn examination of the decisions bearing on these sections confirms that Indians who acquire and deal in property outside lands reserved for their use, deal with it on the same basis as all other Canadians. [...] However, this approach has the advantage that it preserves the ability to deal appropriately with future cases which present considerations not previously apparent.[7] [...] He made no estimate of the proportion of his time spent at each location during the year, but I think it is fair to say that during the logging seasons, winter and summer, he spends more time living on the reserve than he does in the city.
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4,424.
Hewlett Packard (Canada) Ltd. v. The Queen - 2003 TCC 386 - 2003-10-16
Tax Court of Canada JudgmentsAccordingly, I think that it is fair to say that the old fleet vehicles were, by the end of October, virtually all stored at the yards of the auctioneer. [...] [33] The Paquette case deals with the question of what constitutes corroboration of a witness's testimony. [...] [37] These cases deal primarily with real estate holdings where use of lands as capital or inventory had been put at issue.
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4,425.
Canada (Attorney General) v. Haberman - 2000-07-21
Federal Court of Appeal Decisions90 (2) La Commission peut faire la demande de décision à tout moment, et toute autre personne, avant le 30 juin suivant l'année à laquelle la question est liée. [...] (2) La Commission peut faire la demande de décision à tout moment, et toute autre personne, avant le 30 juin suivant l'année à laquelle la question est liée. [...] [42] I find it convenient to deal with the remaining issues together because they have a common factual base.