11,315 result(s)
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4,851.
Canada (Citizenship and Immigration) v. Balogh - 2015 FC 258 - 2015-01-29
Federal Court DecisionsIn this case, and dealing only with the issue of state protection, the RPD nowhere stated the legal framework within which its state protection analysis took place. [...] No reasons at all constitutes a breach not only of the IRPA, Dunsmuir, and Newfoundland Nurses but, we should remember, also breaches the duty of procedural fairness, attracts the standard of correctness on review, and is entitled to little and more generally, no deference. [...] Given the result, I will not deal with the RPD’s findings regarding the IFA and persecution.
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4,852.
Carter v. Canada - 2009 FC 846 - 2009-08-26
Federal Court Decisions[1] The Respondent seeks an order striking this application essentially on the basis that as the matters in dispute deal with “assessments” those are matters that are within the sole jurisdiction of the Tax Court of Canada. [...] [12] The issue on the motion is whether the letter from the Minister deals with assessments that are within the sole jurisdiction of the Tax Court. [...] The Applicant argues that as the Minister failed to observe procedural fairness and the principles of natural justice, the Applicant is left without any right to file a notice of objection or an appeal under the Income Tax Act.
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4,853.
Bradley v. The Queen - 2009 TCC 341 - 2009-06-19
Tax Court of Canada JudgmentsHe seeks compensation and includes in his plea for it, just and fair treatment from the Canada Revenue Agency (“CRA”) taxation. [...] [15] The exception is found in subsection 146(6.1) of the Act dealing with re-contributions of certain prescribed premiums. [...] The audit here should not put the Appellant through ongoing burdens by dealing with one issue at a time, years apart.
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4,854.
Boucher v. Canada (Attorney General) - 2007 FC 893 - 2007-09-07
Federal Court Decisions98. (1) Les règles établies en application de l'article 97 peuvent faire l'objet de directives du commissaire . . . [...] [17] Accordingly, the CSC Commissioner is empowered to adopt standards in the form of directives dealing with CSC management, matters falling under section 4 and any other measure giving effect to Part I of the CCRA (ss. 2 to 98). [...] [23] Accordingly, the CSC Commissioner cannot be blamed for considering the harmful effect of second-hand smoke in drafting the Directive at issue, especially as interested groups were consulted, the measure was announced in advance and steps were taken to assist inmates in dealing with the situation well before it came
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4,855.
Air Canada Pilots Association v. Air Lines Pilots Association - 2007 FCA 241 - 2007-06-19
Federal Court of Appeal DecisionsThirdly, ALPA alleged that ACPA breached its duty of fair representation under section 37 of the Code with respect to the former Canadian Airlines pilots when it agreed to have the pilot seniority issue mediated by Mr. Teplitsky. [...] 3) that it was premature to consider a complaint under section 37, as the Board was dealing only with a recommendation from a mediator which had not been put to a ratification vote, had not been made part of the collective agreement and, more importantly, had not changed the seniority rights of any member of the bargaining [...] [17] We are dealing here with an “empowering” provision, one which grants the Board discretionary powers.
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4,856.
Canada v. 1524994 Ontario Limited - 2007 FCA 74 - 2007-02-19
Federal Court of Appeal DecisionsWhile evidence of intention may be used by the Courts on occasion to clarify dealings, it is rarely determinative. [...] [16] It seems fairly clear that the law will not permit a party to defend a tax claim by asserting that it made an intentional misrepresentation to another (OHIP) from which it derived a benefit (OHIP fees). [...] [18] The Tax Court also erred in finding, at paragraph 10, that the “doctors were in fact acting as the Appellant’s agents with respect to its dealings with OHIP”.
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4,857.
Choudhry v. Canada (Minister of Citizenship and Immigration) - 2004 FC 1727 - 2004-12-10
Federal Court Decisions[34] The respondent submitted that the Board's reasons reflect a balanced and fair assessment of [...] However, the Board did not, in its oral decision or written decision, deal with the evidence noted above. [...] The Board made a reviewable error in failing to deal with this evidence.
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4,858.
Intertech Marine Ltd. v. Náutica (Ship) - 2004 FC 1456 - 2004-10-21
Federal Court DecisionsIf the parties wish to raise other matters dealing with this proceeding, they may proceed by way of Notice of Motion, in accordance with the Rules. [...] The Defendants have indicated that it is prepared to deal with the Motion at the Pre-Trial Conference scheduled for September 7, 2004 in Halifax. [...] It is not appropriate to deal with this matter without personal appearance by the parties.
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4,859.
Hampson v. The Queen - 2004 TCC 623 - 2004-09-17
Tax Court of Canada JudgmentsI will deal with them in the order in which they appear on Schedule A to the Minister's Reply to the Notice of Appeal, which sets out the numbers conveniently. [...] [8] I will come back to that item in a moment when I deal with an item concerning payments alleged to have been made to the Appellant's children, but for the moment I move on to the next item that was in dispute, which was $837 claimed by the Appellant as an expense under the head of Meals and Entertainment. [...] Nevertheless to justify expenditures of $7,000 for his services requires a good deal more evidence than there is before me today.
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4,860.
Bird's Eye Cove Marina Ltd. v. The Queen - 2004 TCC 536 - 2004-08-20
Tax Court of Canada Judgments13. The Deal had not been completed and specific performance litigation was pending between Brewmaster and Morgan relating to the property and the Vessel, and was not the reason for the sale of the Vessel to Bird's Eye; [...] [...] Paragraph 176(1)(b) is a transitional provision dealing with used goods supplied to a registrant before 1994. [...] 2. There was no reasonable expectation of profit when Bird's Eye sold the Vessel at less than fair market value to Royce.
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4,861.
Microfibres Inc. v. Annabel Canada Inc. - 2001 FCT 1032 - 2001-09-20
Federal Court Decisions[2] Rule 107 of the Federal Court Rules, 1998 deals with the separate determination of issues, which is commonly referred to as severance of issues. [...] 385. (1) A case management judge or a prothonotary assigned under paragraph 3 8 3(c) shall deal with all matters that arise prior to the trial or hearing of a specially managed proceeding and may [...] The test is whether there exist facts from which the case manager could conclude that the process of bringing the case to a fair trial could be assisted by revisiting a particular question.
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4,862.
Harris v. Canada - 2001 FCT 758 - 2001-07-04
Federal Court Decisions(d) may prejudice or delay the fair trial of the action,(e) constitutes a departure from a previous pleading, or [...] In reaching this conclusion, I am guided by Federal Court Practice 2001, Sgayias, David et al., Federal Court Practice 2001 (Toronto: Carswell, 2000) where cases dealing with lack of jurisdiction are compiled in the discussion of the application of rule 221(1)(a). [...] Rather, and here I turn to the aspect of costs, the Plaintiff has been put to the expense of dealing with an attack which is similar to or identical with that which has already been brought and that must sound in costs.
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4,863.
Montana Band v. Canada - 2001 FCA 176 - 2001-05-31
Federal Court of Appeal DecisionsIn my view, the evidence falls far short of establishing that those documents can fairly be considered part of the record that was before Mr. Justice Hugessen when he rendered the decision under appeal. [...] Apart from the fact that these documents were not before Mr. Justice Hugessen when he made the April 5, 2001 order, I am unable to see how they can possibly be of assistance to the Court in dealing with this appeal. [...] It remains only to deal with the motion for an expedited appeal, and for a timetable for the various steps.
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4,864.
Mercier v. The Queen - 2000-10-25
Tax Court of Canada JudgmentsSubsection 323(3) of the Excise Tax Act is identical to subsection 227.1(3) of the Income Tax Act and a great deal of litigation has arisen from these sections. [...] That if you have a real estate transaction, a lawyer handling the deal, is that sufficient for your obligations. [...] The Appellants were dealing with a complex real estate transaction and a highly complex Act, particularly in the early years of its inception.
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4,865.
Hugo Boss A.G. v. Persons Unknown - 2000-02-25
Federal Court DecisionsOR DEAL IN COUNTERFEIT HUGO BOSS APPAREL AND THOSE PERSONS LISTED IN APPENDIX A TO THE STATEMENT OF CLAIM [...] MANUFACTURE, ADVERTISE, OR DEAL IN COUNTERFEIT POLO RALPH LAUREN APPAREL AND THOSE PERSONS [...] I am satisfied that it is fair to say that the applicants are also well-known to the general public, albeit not perhaps by their specific corporate names, as marketers of high-end clothing and related items.
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4,866.
Gsw Inc. v. Canada (Registrar of Trade-Marks) - 1999-06-29
Federal Court Decisionsdegree of deference that it is to be accorded, a great deal of reliance is placed on the skill of the appeal judge to determine, after a full review of the evidence, the law, and the Board"s decision, whether to reach a fair, just and correct result, it is necessary that his or her opinion should replace that of the Board. [...] In addition, the applicant argues that the inclusion of the word "moisture" in the reasons creates a confusion amounting to an error in fact, in that only humidifiers and dehumidifiers deal with moisture, while pumps, about which this case is concerned, deal with fluids.
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4,867.
Remo Imports Ltd. v. Jaguar Canada Inc. - 1999-05-25
Federal Court DecisionsTo request more from the Defendants in this regard would not be fair and reasonable from my point of view. [...] [40] Questions 1475B, 1498, 1550, 1555, 1557, 1617 and 1798 all deal with Remo's suppliers. [...] However, I am satisfied that for all the questions dealing with samples of items, Remo shall abide by the following obligation:
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4,868.
Canadian Broadcasting Corporation v. Graham - 1998-08-12
Federal Court Decisions[4] In coming to the decision that the Commission ought to be allowed to intervene, with fairly broad participation, I have considered that while the Respondent, Ms. Graham, is intelligent, well educated in her field, both formally and practically and takes the matter seriously, it is a given that, without proper legal [...] [9] The Commission in the present instance has a substantial interest in this matter for the decision challenged does not deal with the merits of the case, but rather, as I say, with the application of discretion to the granting of a time extension. [...] and Boone (1993), 60 F.T.R. 142 at 152, involving a decision by the Canadian Human Rights Commission to deal with a time barred complaint; CAIMAW v. Paccar of Canada Ltd., [1989] 2 S.C.R. 983 at page 1014, dealing with the scope of a board's jurisdiction and the reasonableness of its decision; and Canada (Attorney
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4,869.
Duchesneau v. The Queen - 1997-10-27
Tax Court of Canada Judgments[7] My colleague Mogan, T.C.C.J., in Chopp v. The Queen, 95 DTC 527, when dealing with the Robinson decision, said at page 532: [...] In M.N.R. v. Pillsbury Holdings Ltd., 64 DTC 5184 Cattanach J. in dealing with the predecessor to subsection 15(1), said at p. 5187: [...] MD made no attempt to leave a paper trail for the accountant to deal properly with the $40,000 cheque.
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4,870.
Ling Chi Medicine Co. (H.K.) Ltd. v. Persaud - 1997-02-06
Federal Court DecisionsIn a letter dated September 6, 1984, UFMC advised the applicant that it was still dealing with the ever present problem of illegal imports of SHILING OIL into Canada from sources other than the applicant. [...] The applicant finally deals with the issue of estoppel by laches or acquiescence. [...] When dealing with the reasonableness of delay, he adds, at pp. 223-225:
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4,871.
Valencia v. Canada (Citizenship and Immigration) - 2022 FC 386 - 2022-03-23
Federal Court DecisionsThe reviewing court must adopt an attitude of restraint and intervene “only where it is truly necessary to do so in order to safeguard the legality, rationality and fairness of the administrative process” (Vavilov at para 13). [...] [29] At the hearing before this Court, counsel for the Minister identified some more recent NDP documents dealing notably with the human rights situation in Colombia, and mentioned that these documents did not include clear information about the presence of the ELN in Barranquilla. [...] The RPD’s failure to expressly deal with it and to explain why the explicit evidence identified by Mr. Valencia should be discarded is a serious shortcoming and a fundamental gap in its reasoning which, in this case, warrants intervention by this Court (Vavilov at paras 102–103, 127–128).
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4,872.
Jane Doe v. Canada (Attorney General) - 2018 FCA 183 - 2018-10-10
Federal Court of Appeal Decisions[16] I am satisfied that when the Board’s reasons are read fairly as a whole, the Board found that the co-worker’s conduct was not the sole cause of the applicant’s medical condition. [...] • There were steps that a confident employee such as the applicant could have taken to deal with the harassment (reasons, paragraph 143). [...] [36] My finding that the Board’s decision was unreasonable makes it unnecessary to consider this issue and I decline to deal with it.
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4,873.
Kiernicki v. The Queen - 2007 TCC 326 - 2008-06-01
Tax Court of Canada JudgmentsI am an individual who has basically tried to deal with everybody up till this point in time to come up with some sort of resolution with regards to my particular case. [...] We only have the authority to interpret the words of the Act. The Minister of National Revenue, as you pointed out in your initial comment, has the authority under the fairness package legislation, so called, to waive penalties and do things of that nature because of financial hardship. [...] JUSTICE LITTLE: I also should say, Mr. Kiernicki, that in terms of giving you an adjournment, 60 days to deal with it, I will also of course give Mr. Hall a chance to file a reply in the appropriate time.
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4,874.
Toth v. Canada - 2019 FC 125 - 2019-01-30
Federal Court DecisionsEven then, the damages must be fair to both the individual and the state. [...] C. The Settlement Agreement is Fair, Reasonable and in the Best Interests of the Class [...] Mr. Toth also notes that he spent a great deal of time with Class Counsel discussing the documents provided by VAC, and subsequently during the negotiation of the settlement.
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4,875.
Canada (Citizenship and Immigration) v. Mahjoub - 2012 FC 669 - 2012-05-31
Federal Court DecisionsWhen dealing with an abuse which falls into the residual category, generally speaking, a stay of proceedings is only appropriate when the abuse is likely to continue or be carried forward. [...] Notwithstanding my determination that the Ministers’ conduct did not impact on the fairness of the proceeding or prejudice Mr. Mahjoub, the appearance of fairness in the judicial process is of utmost importance. [...] In addition, Room 916 would remain sealed pursuant to Court Order until a protocol for dealing with those boxes was finalized.