11,315 result(s)
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4,951.
Rodriguez Quiroa v. Canada (Citizenship and Immigration) - 2007 FC 495 - 2007-05-07
Federal Court DecisionsAs such, the Officer breached the duty to act fairly because she considered extrinsic evidence without giving the Applicants an opportunity to respond. [...] [32] When dealing with matters of procedural fairness, the overriding concern with respect to the disclosure of evidence is whether the document, opinion, or report is one of which the individual is aware or deemed to be aware. [...] [52] The Pramauntanyath case really turned on the question of procedural fairness, as the Court found that the reasons were simply not adequate.
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4,952.
Qu v. Canada (Minister of Citizenship and Immigration) - 2006 FC 107 - 2006-02-01
Federal Court Decisionsmay see a fairly small portion of international students - PRESIDING MEMBER: [...] a) faire des observations sur la fiabilité et l'utilisation du renseignement ou de l'opinion; [...] The RPD must be responsive to the situation and each claimant must be treated fairly.
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4,953.
Apotex Inc. v. Canada (Minister of Health) - 2003 FC 1480 - 2003-12-17
Federal Court Decisions(e) acted in bad faith by repeatedly refusing to acknowledge and correct his erroneous position in respect of the Apo-Oflox submission and by failing to deal with Apotex in a full and forthright manner. [...] Fairness to a party facing a trial has become a guiding principle in Canadian law. [...] The RCMP and the Crown having done so, however, I do not think disclosure of the advice in question could fairly be withheld.
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4,954.
Celine, Société Anonyme v. Tobey - 2019 FC 1053 - 2019-08-08
Federal Court Decisions[7] As noted, these reasons deal collectively with four separate motions for summary judgment in four separate actions. [...] Having done so, the onus was on the defendant to inform herself as to the status of all four matters and to deal with them diligently. [...] The Supreme Court of Canada explained in Hryniak v Mauldin, 2014 SCC 7 [Hryniak], that there will be no genuine issue requiring a trial “when the judge is able to reach a fair and just determination on the merits on a motion for summary judgment.
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4,955.
2553-4330 Québec Inc. v. Duverger - 2018 FC 377 - 2018-04-09
Federal Court Decisions[20] Before the Commission, the applicant raised two new grounds for not dealing with the complaint: (1) the complaint was filed outside the one‑year time limit and there is no reason to grant an extension of time (paragraph 41(1)(e)); and (2) the Commission does not have the jurisdiction to deal with the allegations of [...] (1) The Commission had full jurisdiction to deal with the consolidated complaint of discriminatory practices [...] [30] Conversely, the respondent contends that the reasonableness standard should be applied, as the jurisprudence has clearly established that the Commission’s decisions as to whether or not to deal with a complaint are reviewable according to that standard.
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4,956.
Tazco Holdings Inc. v. Advantage Products Inc. - 2007 FC 879 - 2007-08-31
Federal Court Decisions• [15] Moore also states that he has not been told anything by Kathol whatsoever relating to Advantage dealing with personal characteristics and litigation tolerances of Tessier, Weber or others and has not been told anything dealing with Advantage’s finances, structure, litigation tolerances, customer base or litigation [...] • [27] Similarly, many other cases have reiterated the proposition that that there must be an unqualified perception of fairness in the eyes of the public (see, for example, O’Dea v. O’Dea (1987), 68 N.F.L.D. & P.E.I.R. 67 aff’d N.F.L.D. C.A). [...] • [29] All of these principles were discussed and approved again by the Supreme Court of Canada in the recent decision of Strother et al. v. 3464920 Canada Inc. et al., [2007] S.C.J. No. 24.While this case deals with concurrent clients, Justice Binnie noted at par. 51:
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4,957.
Zündel, Re - 2003 FC 1484 - 2003-12-17
Federal Court Decisions[2] Mr. Zündel argues that I should have recused myself from the start, because having been responsible for CSIS I would not be able to be impartial in dealing with a matter where CSIS provides a great deal of evidence. [...] Would he think that it is more likely than not that [the decision-maker], whether consciously or unconsciously, would not decide fairly. [...] His response was that, frankly, he could not remember dealing with those issues.
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4,958.
Umane v. Canada (Citizenship and Immigration) - 2013 FC 1127 - 2013-11-06
Federal Court Decisions2. Was there a breach of procedural fairness? 3. What should be done about the spousal sponsorship notes? [...] [24] The applicant argued that this was a breach of procedural fairness. [...] [38] Consequently, this Court cannot, on this judicial review, deal with the spousal application.
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4,959.
Benguaich v. M.N.R. - 1998-08-20
Tax Court of Canada Judgments... (c) subject to paragraph (d), employment where the employer and employee are not dealing with each other at arm's length and, for the purposes of this paragraph, [...] (i) the question of whether persons are not dealing with each other at arm's length shall be determined in accordance with the provisions of the Income Tax Act, and [...] For this reason, I set out below the principles which may fairly be derived from the authorities in this court with respect to subparagraph 3(2)(c)(ii).
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4,960.
Brdar v. Canada (Citizenship and Immigration) - 2018 FC 415 - 2018-04-17
Federal Court Decisions[15] The Guideline deals with cases involving sexual orientation, gender identity and expression (SOGIE). [...] More to the point, s 8.5.2 deals with “intersectionality”. Some individuals such as Mr. Brdar may face additional risks because of, among other things ethnicity, religion and faith. [...] [23] One case strongly relied upon by Mr. Brdar was Galogaza v Canada (Citizenship and Immigration), 2015 FC 407, in which it was held in fairly similar circumstances that Croatia did not provide adequate effective protection.
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4,961.
Brazeau v. Canada - 2012 FC 1300 - 2012-11-07
Federal Court Decisions[6] As a result, I gave a Direction requesting that the Defendant in the present action provide an amended argument dealing with Justice Snider’s Reasons and the purported amendments to the Statement of Claim in this action. [...] I will deal with the motion, principally having regard to these documents; but I also have in mind the earlier documents provided in the record. [...] While in some circumstances, the Court has permitted an action to proceed notwithstanding the availability or pursuit of a grievance process, the more usual and more desirable procedure is that a proper grievance or grievances should be fairly pursued and determined before the Court is asked to address the situation.
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4,962.
Alexander v. Canada (Citizenship and Immigration) - 2009 FC 1305 - 2009-12-22
Federal Court DecisionsHowever there comes a time when it becomes obvious that deference should be earned, particularly when the Panel apparently pays no attention to the cases coming out of this Court which specifically deal with St. Vincent and the Grenadines. [...] However, the Applicant is entitled, as a matter of fairness and the rendering of a full decision, to an explanation of why this particular member, reviewing the same documents on the same issue, could reach a different conclusion. [...] This incident is to be found in the case law (Myle, 2007 FC 1073, at para. 23) from this Court dealing with St. Vincent and the Grenadines.
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4,963.
Teva Neuroscience G.P.-S.E.N.C. v. Canada (Attorney General) - 2008 FC 1091 - 2008-09-30
Federal Court DecisionsA confidentiality order should only be granted when there is sufficient evidence before the Court to satisfy the Court that it is necessary to prevent a serious risk to an important interest, including a commercial interest, and whether the salutary benefits of the order including the right of the litigants to a fair trial [...] It is certainly not to say that they could not get access to it, but it would be through a great deal of effort for them as opposed to if this became public information, they would easily have access to it and it would give them basically an insight into our broader global strategic pricing..” [...] That part of the motion dealing with this category of information (what was ordered to be confidential by the Board) is dismissed.
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4,964.
Kabatoff v. Canada (Human Resources Development) - 2007 FC 820 - 2007-08-08
Federal Court DecisionsIn August 2006, an official wrote to Mr. Kabatoff on the Minister’s behalf explaining that the 1996 decision could not be reconsidered given that a final and binding decision of a Review Tribunal dealing with the same issue had been rendered in 2004. [...] Mr. Kabatoff argues, therefore, that his application does not involve a collateral attack on the Review Tribunal’s decision and raises no risk of inconsistency because the two decision-makers were dealing with two different time frames. [...] La décision du tribunal de révision, sauf disposition contraire de la présente loi, ou celle de la Commission d’appel des pensions, sauf contrôle judiciaire dont elle peut faire l’objet aux termes de la Loi sur les Cours fédérales, est définitive et obligatoire pour l’application de la présente loi.
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4,965.
Scott Slipp Nissan Ltd. v. Canada (Attorney General) - 2005 FC 1479 - 2005-11-01
Federal Court DecisionsThe point of contention in that decision was the Minister's initial refusal to provide the Applicant with the Canada Revenue Agency's audit file for the purpose of dealing with the Applicant's Notice of Objection to Excise Tax assessment for the Harmonized Sales Tax ("HST"). [...] [10] Dealing with this secondary issue, the Respondent submits that all of that information is in the public domain because it is contained in the materials filed in respect of Scott Slipp Nissan Limited v. Attorney General of Canada, supra. [...] The principles of fairness generally would require this procedure as these third parties may have rights or interests affected by the Minister's decision to disclose.
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4,966.
Sherb v. Canada (Attorney General) - 2004 FC 247 - 2004-02-18
Federal Court Decisions12.1 La Commission peut réviser les qualifications établies par un administrateur général pour les nominations à tel poste ou telle catégorie de postes afin de faire en sorte que ces qualifications satisfassent au principe de la sélection au mérite. [...] [20] In Asselin, supra, the Court of Appeal was dealing with the issue of the jurisdiction of an appeal board to review the language qualifications set for a position. [...] [28] For purposes of considering the scope of s. 12.1, one is dealing with jurisdiction not remedy and with an investigation and not an appeal.
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4,967.
Moscato v. The Queen - 2003-03-19
Tax Court of Canada JudgmentsIt is not an easy case for us to deal with. We recognize that there was a long period of time when this matter could have been rectified. [...] We do not have a broad jurisdiction such as the Ontario Superior Courts and we are limited to dealing with a very simple question, has the taxpayer complied with the relevant provisions that will entitle her to the deduction that she is seeking, or the exemption that she is seeking. [...] And if that does not occur, I do not have the authority to say, notwithstanding that fact in this circumstance, it would only be fair and just to allow the appeals.
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4,968.
An v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 387 - 2001-04-26
Federal Court DecisionsMr. An did not deal with the fact that his passport and visa application listed his occupation as a manager. [...] While difficulties with language may have caused confusion as to whether Mr. An claimed to have a master's degree, I am satisfied that he failed to deal with the discrepancies between the material in his current application for permanent residence and his earlier application for a visitor's visa. [...] This is conduct which brings discredit to the government of Canada which is interested in ensuring that applicants for admission to Canada are fairly assessed, and which is to advocate abroad Canadian values.
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4,969.
Club Monaco Inc. v. Woody World Discounts - 1999-10-28
Federal Court DecisionsDEAL IN COUNTERFEIT CLUB MONACO MERCHANDISE AND THOSE PERSONS LISTED IN SCHEDULE "A" [...] [6] The comments which follow are limited to the question of "rolling" Anton Piller orders in which the defendants are not known and which are issued against John Doe and Jane Doe. They are also limited to the case of itinerant sales or flea markets and do not deal with the particular problems which arise in the case of [...] However, fairness to those whose property is seized under the authority of an order of this Court requires that their interests also receive consideration, at least to the extent of demonstrating an objective need for the court"s intervention.
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4,970.
Ngongo v. Canada (Minister of Citizenship and Immigration) - 1999-10-25
Federal Court DecisionsI think it is fair to assume that any contradictions in the applicant's testimony would have been as apparent to counsel as to the CRDD members. [...] Despite his political profile (which was known to the authorities), he managed to deal with and bribe jailers and a number of officials without encountering any problems before 1997. [...] With respect, the member"s error was that he completely failed to deal with the second part of the applicant"s claim, namely his allegation that his activities here in Canada would have serious repercussions for him in his home country.
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4,971.
Almagamated Transit Union, Local Union 1624 v. Bugay - 1999-01-11
Federal Court of Appeal DecisionsThe provisions of a collective agreement dealing with seniority may be taken account of by the Board pursuant to subsection 45(4) of the Code only after it is presented with an application by a party to a collective agreement under subsection 45(3). [...] (4) On application being made to it pursuant to subsection (3), the Board shall take into account the extent to which and the fairness with which the provisions of the collective agreement, particularly those dealing with seniority, have been or could be applied to all the employees to whom the collective agreement is
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4,972.
del Moral v. Canada (Minister of Citizenship and Immigration) - 1998-06-04
Federal Court Decisions[6] Counsel further submits that the panel"s [TRANSLATION] "standard practice" is to deal with the cases of Mexican claimants, who are [TRANSLATION] "presumed to be economic refugees", as quickly as possible. [...] Moreover, subsections 68(2) et 68(3) of the Immigration Act (the Act) are very clear on this point:68 (2) The Refugee Division shall deal with all proceedings before it as informally and expeditiously as the circumstances and the considerations of fairness permit.
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4,973.
Desmeules v. The Queen - 1998-01-14
Tax Court of Canada Judgments. . . (g) The appellant was not dealing with Jean Crevier at arm's length when the terms of transfer of the immovable property were negotiated and when it was transferred. [...] (j) The fair market value of the said immovable property, with the building and improvements, on December 6, 1991 was not less than $103,000. [...] [15] Counsel for the appellant argued that the best evidence of the market value of immovable property is the price obtained for that property on the open market by people dealing with each other at arm's length and that the price obtained by the appellant was $86,000, and since there had been no change in the real estate
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4,974.
Atlas Tube Canada ULC v. Canada (National Revenue) - 2019 FCA 120 - 2019-05-13
Federal Court of Appeal DecisionsFairness is paramount. And so is the appearance of fairness. After the Court decides the motions for leave to intervene, the appeal should not look like a court-authorized gang-up against one side: see, e.g., the comments in Gitxaala Nation v. Canada, 2015 FCA 73 at paras. 22-24 and Zaric v. Canada (Public Safety and [...] The order will also deal with certain minor matters of timing and procedure.
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4,975.
Communities and Coal Society v. Vancouver Fraser Port Authority - 2019 FCA 94 - 2019-04-18
Federal Court of Appeal DecisionsThe judge found that these decisions were made fairly and lawfully, and were untainted by a reasonable apprehension of bias. [...] This does not detract from the principle that each case turns on its own facts, especially when dealing with such a context-specific notion as a reasonable apprehension of bias. [...] Given the volume of the Port Authority’s decision making with respect to project permits, and the number of other port authorities or Crown corporations who allegedly make regulatory decisions against a backdrop of similar compensation schemes, it is a fair assumption that there will be ample opportunity for future judicial