11,315 result(s)
-
4,476.
Leteyi v. Canada (Citizenship and Immigration) - 2022 FC 572 - 2022-04-21
Federal Court Decisions. . . [19] In this case, it would not be unreasonable to find that Ms. Ndikumana will continue to benefit from the ADR, and that she will not have to deal with current conditions in Burundi. [...] I feel it would be fair for the Minister to consider a new, timely and diligent application before removal action is taken in that case. [...] Although it is true that a review while the TSR is in place is artificial, when conditions are sufficient to lift the TSR, it would be fair to repeat the exercise if the applicants diligently apply for such a review.
-
4,477.
Ali v. Canada (Citizenship and Immigration) - 2021 FC 1419 - 2021-12-15
Federal Court DecisionsWith respect to intoxication, the Member explicitly indicated that she was not basing her analysis on the provisions dealing with an intent to commit and offence, but rather on those dealing with cases in which an offence was actually committed. [...] a) s’est introduit dans un endroit par effraction ou a tenté de le faire constitue, en l’absence de preuve contraire, une preuve qu’il s’y est introduit par effraction ou a tenté de le faire, selon le cas, avec l’intention d’y commettre un acte criminel;
-
4,478.
Renee v. Canada (Citizenship and Immigration) - 2020 FC 409 - 2020-03-24
Federal Court Decisions[13] The Applicant is raising procedural fairness and reasonableness issues. [...] This “evidence”, which is listed at paragraph 22 of her written submissions and which consists mostly of decisions from this Court rendered between 2011 and 2013, all ultimately deals with state protection in a context of domestic violence. [...] None of that “evidence” deals with the RAD’s main finding that the Applicant has not established, with sufficient trustworthy or credible evidence, that she faces a forward-looking risk of harm or persecution if she is to return to Saint Lucia.
-
4,479.
CHR Investment Corporation v. The Queen - 2020 TCC 17 - 2020-01-30
Tax Court of Canada JudgmentsAs well, per Bowie, J., “[t]he threshold of relevance is relatively low, but pure fishing expeditions are not permitted”, and, “[t]he examining party is entitled to have any information, and production of any documents, that may fairly lead to a train of enquiry that may directly or indirectly advance his case, or damage [...] The FCA noted its prior decision of Lehigh Cement (supra) that information pertaining to the policy of the Act can be relevant on discovery, “even if not taxpayer specific” where the Respondent itself had established relevance by disclosing an internal policy memorandum dealing with the same subject. [...] division of the Department of Finance for the period 2001 through 2012 with respect to the legislative scheme in the ITA dealing with transfer of corporate losses, finding such request to be 'a fishing expedition of vague and far-reaching scope', 'overly broad' and an ‘onerous task to satisfy’.” (paras. 13, 27-9).
-
4,480.
Girouard v. Canada (Attorney General) - 2018 FC 1184 - 2018-11-26
Federal Court DecisionsThe two (2) documents that followed the meeting on December 12, 2017, concern, among other things, a draft of the decision on the recommendation, but also a draft of dissent dealing with procedural fairness and meeting minutes of the Inquiry Committee written in French. [...] Procedural fairness compels me to. At this point it is important that a neutral third party goes further with the consideration of the contents of the documents so as to assure an observer that appropriate oversight was advanced. [...] As described above at paragraph 4, these contain information regarding, for example, exchanges dealing with the request for an extension from Justice Girouard, a document of Mr. Sabourin including the applicant’s written submissions translated into English [the judge’s written submissions in the two (2) languages are
-
4,481.
Public Service Alliance of Canada v. Canada (Attorney General) - 2014 FC 1066 - 2014-11-13
Federal Court Decisionsc) l’employeur a mis en place une procédure et des mécanismes de contrôle efficaces et sollicité le concours des employés pour faire face à la violence dans le lieu de travail. [...] [35] In contrast, under the CHRA, the Commission “shall deal with any complaint filed”, if the complaint is filed “in a form acceptable to the Commission”. [...] The Appeals Officer could not reasonably deal with Part XX of the Regulations under section 20.9(3), which was triggered by the employer’s investigation, because there had been no proper investigation by a competent person.
-
4,482.
Canada (Public Safety and Emergency Preparedness) v. Philistin - 2014 FC 762 - 2014-07-30
Federal Court DecisionsTwo arguments were submitted to the Court: was the IAD’s decision unreasonable and did the refusal to grant an adjournment constitute a breach of procedural fairness? [...] Therefore, the well‑known rule that a judicial review can only deal with the matter that was before the administrative tribunal means that the new argument could not be heard. [...] 167. (1) L’intéressé qui fait l’objet de procédures devant une section de la Commission ainsi que le ministre peuvent se faire représenter, à leurs frais, par un conseiller juridique ou un autre conseil.
-
4,483.
Aguilar Soto v. Canada (Citizenship and Immigration) - 2010 FC 1183 - 2010-11-25
Federal Court Decisions[34] The presumption of state ability is therefore rebuttable, even when dealing with a democratic state: [...] [6] . . . What is absolute, however, is the right to a fair hearing. [...] To ensure that a hearing proceeds fairly, the applicant must be able to “participate meaningfully”: . . .
-
4,484.
Wloch v. Canada (Revenue Agency) - 2010 FC 743 - 2010-07-14
Federal Court Decisions(b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe; [...] (2) No collective agreement may deal with matters governed by the staffing program. [...] [21] The Applicant argues this decision raises a question of procedural fairness that should be reviewed on the standard of correctness.
-
4,485.
Gerus v. Canada (Canada Revenue Agency) - 2009 FC 55 - 2009-01-21
Federal Court Decisions(2) No collective agreement may deal with matters governed by the staffing program. [...] The third stage deals with the placement of one or more qualified persons. [...] Those having Preferred Status who meet “minimum requirements” are to be placed in a “selection process” with others, and are to be told that they are candidates in that process so that they may be satisfied that they are being evaluated as to “full qualification” fairly.
-
4,486.
J2 Global Communications, Inc. v. Protus IP Solutions Inc. - 2008 FC 760 - 2008-06-18
Federal Court Decisions[2] On July 4, 2007, Prothonotary Tabib issued two Orders dealing with the refusals to answer questions on examination for discovery by witnesses for all parties. [...] The Plaintiffs respond that Prothonotary Tabib was thorough and fair and that Protus has failed to show that her Orders raise issues vital to the final issue in the case or were based on a wrong principle of law or a misapprehension of the facts. [...] I agree with Protus that answers to these questions may fairly lead to facts and documents relevant to issues of invalidity as well as the false and misleading statements alleged in the counterclaim.
-
4,487.
Good Equipment Limited v. The Queen - 2008 TCC 28 - 2008-01-14
Tax Court of Canada Judgments1. This bulletin deals with conversions of business property, other than real property, either from inventory to capital property or from capital property to inventory, without a change in ownership thereof. [...] The bulletin does not deal with the rules in section 45 concerning the determination of capital gains or losses or with the rules in subsection 13(7) concerning capital cost allowance and its recapture. [...] The amount of any income gain or loss arising on actual disposition of converted property will be determined in accordance with generally accepted accounting principles on the basis that its initial inventory value is its fair market value on the date of conversion.
-
4,488.
Areva NP GmbH v. Atomic Energy of Canada Ltd. - 2006 FC 952 - 2006-08-03
Federal Court Decisions(d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or [...] [17] Section 91(22) of the Constitution Act gives Parliament legislative authority over “patents of invention and discovery”, Parliament has enacted the Patent Act, which specifically deals with infringement, and it confided jurisdiction upon the Federal Court pursuant to Section 20 of the Federal Courts Act. [...] This principle, which is really no more than a rule of fairness, is made explicit in the civil rules of some of our trial courts.
-
4,489.
Honeywell Limited v. The Queen - 2006 TCC 325 - 2006-06-22
Tax Court of Canada Judgments(B) any other non-resident corporation with which the taxpayer does not deal at arm's length [...] Ultimately it boils down to a consideration of simple fairness, common sense and the interest that the courts have that justice be done. [...] (b) To do so would violate rules of simple fairness. The taxpayer was induced to sign a waiver on the basis that the Minister would apply only GAAR and paragraph 12(1)(c).
-
4,490.
Overs v. The Queen - 2006 TCC 26 - 2006-01-13
Tax Court of Canada JudgmentsThis price was the fair market value at that time of the 130,163 common shares of THL. [...] [16] In dealing with avoidance transactions the Supreme Court said in Canada Trustco: [...] In view of my findings concerning tax avoidance as noted above it may not be necessary for me to deal with this test.
-
4,491.
Brennan v. Canada (Inspector, Grievance Adjudicator, Rcmp) - 1998-11-10
Federal Court Decisions[14] It was not argued before me that the Adjudicator failed to provide procedural fairness or acted outside of the bounds of his jurisdiction. [...] d) that Regulations, Standing Orders and other directives dealing with the ranks of ... [...] The determination was a finding that Parliament, by enacting s. 70(5) [of the Immigration Act] had terminated the IAD"s jurisdiction to deal with Ms. Gonsalves" appeal.
-
4,492.
Sky Regional Airlines Inc. v. Trigonakis - 2021 FC 513 - 2022-02-02
Federal Court Decisions• [27] On May 31, 2017, Ms. Zamat responded with a letter explaining that she would not deal directly with his doctor, as she was not a physician, or in a position to discuss medical issues with Dr. Boulanger. [...] This reasoning however does not apply to questions of a duty of fairness. [...] There are also concerns that the employer may have knowingly breached the AMC notification provision that may constitute a form of unfair dealing.
-
4,493.
Nabil Warda Inc. v. The Queen - 2019 TCC 95 - 2019-04-30
Tax Court of Canada Judgments(ii) to a person with whom the taxpayer was dealing at arm’s length of any property that is [...] (iv) a debt owing to the taxpayer by a Canadian-controlled private corporation (other than, where the taxpayer is a corporation, a debt owing to it by a corporation with which it does not deal at arm’s length) that is [...] (C) the fair market value of the share is nil, and (D) it is reasonable to expect that the corporation will be dissolved or wound up and will not commence to carry on business
-
4,494.
Campbell v. Canada (Attorney General) - 2010 FC 279 - 2010-03-11
Federal Court DecisionsSubsection (1) deals with costs of the certification application. We have not dealt with that yet. [...] Subsection (2) deals with costs in a class proceeding and it is clear from s. 2 of the Act that there is no class proceeding until a certification order is made under s-s. (2). [...] In my view, we are dealing with an ordinary action at this stage and the ordinary rules should apply.
-
4,495.
General Electric Capital Canada Inc. v. The Queen - 2009 TCC 246 - 2009-04-30
Tax Court of Canada Judgments[3] The Respondent opposes the motion on the grounds that there is only one issue to be decided at trial and that the additional three experts will be called to deal with exactly the same matter. [...] [8] With respect to the first point, this is the first case that I am aware of that will deal with the application of an arm’s length standard to related-party guarantee fees. [...] This excludes testimony which undermines the fairness or expeditiousness of the process.
-
4,496.
AstraZeneca Canada Inc. v. Apotex Inc. - 2008 FC 537 - 2008-04-24
Federal Court DecisionsCounsel argues that the Applicants are compelled to deal with all of them as there is no indication whether all or any of these will be the subject of Apotex’ evidence. [...] One of the purposes of the Practice Direction is to provide the flexibility to ensure that NOC proceedings move fairly and efficiently to a hearing within the strict timeline of two years contained in the PM(NOC) Regulations. [...] Thus, counsel should not necessarily feel constrained by the jurisprudence or past practices in dealing with procedural issues.
-
4,497.
Zhang v. Canada (Attorney General) - 2007 FCA 201 - 2007-05-25
Federal Court of Appeal Decisions[9] Professor Zhang brought a motion for judicial review of the decision of the Honourable Anne McLellan on the grounds that it was not in accordance with the duty of fairness owed to him and that it breached his rights under sections 7 and 15 of the Canadian Charter of Human Rights and Freedoms, Part I of the Constitution [...] [16] The next complaint was that the Honourable Ann McLellan misunderstood and misapplied the “Decision to Prosecute” policy which, according to counsel for Professor Zhang, deals with public prosecutions and was inapplicable in a case dealing with a decision to permit a private prosecution. [...] Moreover, according to Professor Zhang’s counsel, the acting Attorney General effectively repealed provisions of the Criminal Code that deal with prosecutions for extraterritorial torture.
-
4,498.
Savanna Energy Services Corp. v. Technicoil Corp. - 2005 FC 842 - 2005-06-14
Federal Court DecisionsUltimately it boils down to a consideration of simple fairness, common sense and the interest that the courts have that justice be done. [...] The prothonotaries deal with an extraordinary volume of procedural issues. [...] If the law requires a motion to join parties be accompanied by an affidavit dealing with new facts, then the appeal must be allowed.
-
4,499.
Abeidia v. Canada (Minister of Citizenship and Immigration) - 2004 FC 1281 - 2004-09-17
Federal Court DecisionsI wish to first deal with the issue of the July 17, 2003 letter from the applicant to the immigration officer. [...] I am of the view that it was a breach of the duty of fairness to make a decision on the applicant's claim before the time period for providing further information had expired. [...] [30] Because of my finding, I will not deal with the other arguments raised by the application.
-
4,500.
Fonta v. The Queen - 2001-01-30
Tax Court of Canada JudgmentsHowever, for 1998, since the payer is dealing directly with a company that, prima facie, seems to carry on qualifying activities and since the worker holds employment that is included in insurable employment under paragraph 6(g) of the Employment Insurance Regulations, the client would appear to be eligible for the OETC. [...] (b) a partnership in which interests that exceed in total value 10% of the fair market value of all interests in the partnership are owned by persons resident in Canada or corporations controlled by persons resident in Canada, or [...] Derived from traitant [dealing with], traiter [to deal with], Lat. tractare.