11,315 result(s)
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4,776.
GlaxoSmithKline Inc. v. Pharmascience Inc. - 2011 FC 239 - 2011-03-01
Federal Court DecisionsI will discuss this point further when dealing with Lord Hoffman’s decision in Amgen infra. [...] The same can be said of the next paragraph; the compounds are of potential use in dealing with hyperlipidaemia, etc. [...] The former deals with safety and effectiveness. The latter looks at utility, but in the context of inventiveness.
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4,777.
J.A. Larue Inc. v. Canada (Public Works and Government Services) - 2021 FCA 97 - 2021-05-20
Federal Court of Appeal DecisionsWhen considering whether bids are evaluated and contracts awarded in keeping with [the applicable] provisions, the Tribunal applies the standard of reasonableness, typically according a great deal of deference to an evaluation panel with respect to its evaluation of proposals. [...] substitute its judgment for that of the evaluators, unless the evaluators have not applied themselves in evaluating a bidder’s proposal, have ignored vital information provided in a proposal, have based their information on undisclosed criteria or have otherwise not conducted the evaluation in a procedurally fair way. [...] I note no breach of procedural fairness or flaws in the justification, transparency or intelligibility of the impugned Decision.
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4,778.
Mottle v. The Queen - 2018 TCC 116 - 2018-06-20
Tax Court of Canada Judgments(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
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4,779.
Mann v. Canada (Public Safety and Emergency Preparedness) - 2008 FC 612 - 2008-05-15
Federal Court Decisions[15] The affidavit of Robin Seligman, Chair of the Immigration Section of the Canadian Bar Association, is to the effect that Immigration Canada can deal with delays, and does in fact do so, by transferring files from a busy office such as Mississauga to less busy centres. [...] However, the affiants have shown through an Access to Information request that the government keeps no statistics to show that an H&C applicant has a fair chance of success despite removal. [...] The effect of the Applicant’s evidence is that an applicant, for all practical purposes, loses his right to a fair consideration of his H&C when he is removed from Canada.
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4,780.
Airth v. Canada (National Revenue) - 2007 FC 1334 - 2007-12-18
Federal Court Decisions... Ultimately it boils down to a consideration of simple fairness, common sense and the interest that the courts have that justice be done. [...] [4] The Court has approached the proposed amendments with these principles in mind; particularly fairness, common sense and that justice ought to be done. [...] This is not a case of a challenge to all tax dealings in respect of members of the Hell’s Angels.
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4,781.
Sivarajathurai v. Canada (Minister of Citizenship and Immigration) - 2006 FC 905 - 2006-07-20
Federal Court Decisions[4] The second argument is that the Panel was looking for reasons to disbelieve, and did not give him a fair and impartial hearing. [...] Although it is not necessary to reach a decision on this point, I doubt that the hearing met the objectives of section 3 of the Immigration and Refugee Protection Act which include the granting "as a fundamental expression of Canada's humanitarian ideals, fair consideration to those who come to Canada claiming persecution." [...] [16] There has been a great deal of case law in this Court this year on the reverse order of questioning, and if the applicant has the right to have his or her counsel proceed first with questioning, whether that right can be waived (Thamotharem v. Canada (Minister of Citizenship and Immigration), 2006 FC 16, [2006] F.C.J.
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4,782.
Thangeswaralingam v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 652 - 2002-06-10
Federal Court Decisions(i) si l'intéressé présente une demande d'autorisation relative à la présentation d'une demande de contrôle judiciaire aux termes de la Loi sur la Cour fédérale ou notifie par écrit à un agent d'immigration son intention de le faire, jusqu'au prononcé du jugement sur la demande d'autorisation ou la demande de contrôle [...] That is the very issue raised by the Application for Leave and Judicial Review filed on May 27, 2002, and I do not propose to resolve it in dealing with this stay application. [...] Parliament has seen fit, under s. 49(1)(c)(i), to provide for a statutory stay of removal for all applicants generally, until the disposition of any application for judicial review of a CRDD determination, presumably for reasons of fairness.
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4,783.
Erdmann v. The Queen - 2001-01-30
Tax Court of Canada Judgments(j) at all material times John Swift was not dealing with the Appellant at arm's length; [...] (k) at the time of the transfer the fair market value of the Property was not less than $116,000.00; [...] [8] Both appraisers used two identical properties in arriving at their valuations on a fair market value basis.
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4,784.
Cliff v. Canada (Attorney General) - 2022 FC 930 - 2022-06-21
Federal Court DecisionsMr. Cliff was charged with a disciplinary offence for being in possession of, or dealing in, contraband, contrary to paragraph 40(i) of the Corrections and Conditional Release Act, SC 1992, c 20 [CCRA]. [...] This means reviewing a decision of an independent chairperson in light of two “primary objectives” - rendering “fast and efficient” disciplinary proceedings in order to ensure “order and discipline” in the correctional system; and acting fairly in conducting proceedings according to legislative and regulatory requirements: [...] ... ... (i) is in possession of, or deals in, contraband; i) est en possession d’un objet interdit ou en fait le trafic;
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4,785.
Adebogun v. Canada (Attorney General) - 2017 FCA 242 - 2017-12-08
Federal Court of Appeal DecisionsFor example, the new materials are not provided by way of “general background” or to establish grounds of review, such as procedural fairness grounds, not otherwise evident from the existing record. [...] At no point in its decision did the Tribunal turn its mind to section 9 of the Regulations, which complements section 8 (dealing with means of service) with the rules governing proof of service. [...] I would be inclined to deal with this request as a written motion and to grant it.
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4,786.
Hall v. The Queen - 2013 TCC 314 - 2013-09-24
Tax Court of Canada JudgmentsThe individual’s “total gifts” for a year are defined in s. 118.1(1) as generally a percentage of the individual’s “total charitable gifts” which are in turn defined in the same subsection as the total of all amounts each of which is the fair market value of a gift made by the individual in the year, or in any of the [...] Here, as the Respondent has pointed out, the scheme dealing with charitable tax credits has as its purpose to only provide tax credits, effectively subsidized by the Canadian taxpayer, to specific registered charities. [...] As the Respondent has pointed out in Vancouver Society of Immigrant and Visible Minority Women v MNR [1999] I SCR 10, the Supreme Court of Canada has already dealt with the scheme of the Act dealing with charitable donations and in par 2 stated:
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4,787.
Bibby-Jacobs v. Canada (Citizenship and Immigration) - 2012 FC 1176 - 2012-10-09
Federal Court Decisionsto assure a certain coherence in the tribunal’s decisions: when the panel is faced with a case where the applicant has made a claim of persecution based on her membership in a particular social group (i.e. women victims of violence) in all fairness, the claim cannot be examined without reference to the Gender Guidelines. [...] In this case, we are not dealing with domestic abuse at home involving a husband and wife, but with sexual harassment or assault at the workplace involving a prominent businessman and a vulnerable young woman. [...] Saint Vincent makes claim to democratic values and the protection of human rights; there is adequate protection for victims of sexual assault because “rape, including spousal rape, is illegal, and the government generally enforced the law”; and because police are being trained to better deal with gender related assaults.
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4,788.
Canada (Citizenship and Immigration) v. Hannoush - 2012 FC 945 - 2012-07-31
Federal Court DecisionsIt is true that the breach of a duty of procedural fairness is an error in law. [...] [9] This deals with the Minister’s first point of appeal. His second point is that the citizenship judge failed to identify which of three acceptable residency tests she applied. [...] On the other hand, there was a great deal of material in the record which fell outside the four-year time frame in question, which was from March 2005 to March 2009.
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4,789.
Humber v. The Queen - 2010 TCC 253 - 2010-05-06
Tax Court of Canada Judgments(i) does not deal at arm's length with the employer, or is a specified shareholder of the employer, or [...] ii) where the employer is a partnership, does not deal at arm's length with a member of the partnership, or is a specified shareholder of a member of the partnership; and [...] (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
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4,790.
Adewale v. Canada (Citizenship and Immigration) - 2007 FC 1190 - 2007-11-15
Federal Court DecisionsThis would enable them evaluate our capability for future business deals. [...] The Applicant further argues that the Officer had failed to provide sufficient cogent reasons for the decision and breached the rules of procedural fairness by failing to communicate with the Applicant for further clarification on his circumstances. [...] [9] As a preliminary matter I will deal with the Respondent’s motion that evidence be struck from the record.
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4,791.
Roshid v. Canada (Minister of Citizenship and Immigration) - 2004 FC 1714 - 2004-12-08
Federal Court DecisionsIn turn, this raises a reasonable apprehension of bias and is a breach of fairness or natural justice. [...] My reading of the passages dealing with his response lead me conclude that during the first break after the evidence was taken, he included the dates and evidence that had been provided. [...] He advised the claimant, at the outset, that he wanted to have a focussed hearing dealing with the heart of the claim and he identified the issues that were of concern to him.
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4,792.
Sivalingam v. Canada (Minister of Citizenship and Immigration) - 2004 FC 199 - 2004-02-05
Federal Court Decisions[5] On reviewing the new motion and affidavit evidence, and having due regard to judicial comity and the principles of res judicata and issue estoppel, I was concerned that the applicant may have been denied procedural due fairness in the treatment she was accorded at the Port of Entry. [...] (1996), 125 F.T.R. 50, aff'd [1999] 4 F.C. 140 (C.A.) and Daher v. Canada (Minister of Citizenship and Immigration) (1998), 153 F.T.R. 131, dealing with subsection 44(1) of the former Immigration Act, R.S.C. 1985, c. I-2 which similarly barred commencement of a refugee claim where a "removal order" had been made. [...] I should note, however, that counsel for both parties have endeavoured to clarify how the German refugee protection procedure would deal with the applicant should she be returned to that country.
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4,793.
S&S Harvesting Ltd. v. The Queen - 2003 TCC 335 - 2003-05-15
Tax Court of Canada JudgmentsUpon motion made by the Appellant for directions and an order to split the hearing of this appeal into separate stages to deal with jurisdictional issues, natural justice issues and substantive issues regarding the appeal of the decision of the Minister of National Revenue pursuant to subsection 93(3) of the Employment [...] We would suggest that the issues of procedural fairness, jurisdiction and delay be heard first. [...] I'd just want to deal with it, the sooner the better. (Transcript p. 57, l. 2-3)
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4,794.
Robert Mondavi Winery v. Spagnol's Wine & Beer Making Supplies Ltd. - 2001 FCT 794 - 2001-07-13
Federal Court Decisions[7] Dealing first with abuse of process argument, the Respondent has failed to establish that the Applicant is seeking to re-litigate a matter which has already been decided or that this proceeding has become "unnecessarily clogged with repetitious litigation". [...] [10] As for the second factor, procedural fairness is the primary concern, as explained by Justice Lemieux in Salton Appliances (1985) Corp. v. Salton Inc.: [...] [12] Dealing next with the third factor, the parties have yet to file their respective records in this proceeding.
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4,795.
Hermes Numismatique et Arts Anciens, Inc. v. Canada (Minister of National Revenue) - 2000-08-18
Federal Court Decisions[7] The Prothonotary, in his decision, accepted DNR"s submissions this Court was without jurisdiction to deal with the plaintiff"s statement of claim because the declarations sought, a precondition to the recovery of damages, violated the statutory scheme provided for in sections 123 to 135 of the Customs Act . [...] Moreover, he did not deal with the scope and meaning of section 106 of the Act, a provision which was relied upon by the plaintiff as an indicator that sections 123 to 135 were not a complete code. [...] [16] First, the plaintiff raises a fairly arguable point that the scheme in the Customs Act only applies to review seizures based on a contravention of the Act or Regulations.
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4,796.
Johnson-Paquette v. Canada - 2000-04-07
Federal Court of Appeal Decisions(1) labour relations legislation provides a code governing all aspects of labour relations which would be undermined by the availability of a concurrent forum to which the legislature has not assigned the task of dealing with such matters; [...] While the legislation does not expressly provide that the Board has exclusive jurisdiction, it indicates that Parliament envisioned a fairly autonomous and specialized Board whose decisions and orders were to be accorded deference by the ordinary courts, subject only to review within the confines of the privative clause. [...] [1] All four grievances arise from the same events and set of facts and although the two grievances dealing with harassment per se arguably come under section 91 of the PSSRA rather than the collective agreement (clause M-16.01) the two grievances alleging the employer's failure to take appropriate action clearly come under
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4,797.
Del Zotto v. Canada (Minister of National Revenue) - 2000-03-23
Federal Court DecisionsHow is it going to deal with any fact finding process that I may have engaged in in connection with this motion? [...] [14] I have some hesitancy in continuing, but I think in fairness to the parties, I should add the following comments. [...] If I were to deal with these motions on their merits, I would be concerned about the evidence that is before me on the critical issue of the applicants" knowledge of the judge"s involvement in their cases.
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4,798.
Bayani v. Canada (Minister of Citizenship and Immigration) - 1998-09-24
Federal Court DecisionsIt is apparent that paragraph 46.01 (1) (e) (ii), dealing with claimants for Convention refugee status, is very similar to paragraph 53 (1) (d), dealing with persons who have already been determined to be Convention refugees. [...] ... (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;
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4,799.
Noonan v. Canada (Attorney General) - 2023 FC 618 - 2023-04-27
Federal Court DecisionsI agree that the American version deal [sic] with “a person’s behaviour or manners” but again, it has nothing to do with comments! [...] I have also been informed by DJA Borden that this is the prescribed manner to fairly and promptly deal with similar such offences across Canada and I feel confident in proceeding with a Summary Trial at this time. [...] Simply put, with what I had read, I felt that the charges were quite minor in nature and that my powers of punishment were sufficient to deal with any potential outcome.
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4,800.
Singh v. Canada (Citizenship and Immigration) - 2023 FC 380 - 2023-03-20
Federal Court DecisionsIn order to guide the parties in their submissions, the direction also drew their attention to the Court’s recent decisions dealing with the interpretation and application of the Notice. [...] [8] Virk is the first—and, to my knowledge, the only—decision that deals with the interpretation and effect of the Notice. [...] In his analysis, my colleague considers the analytical framework that should be adopted and the factors that the Court should take into account in dealing with a motion to revoke the unintentional discontinuance imposed by the Notice.