11,315 result(s)
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5,126.
Campbell v. Canada (Attorney General) - 2006 FC 510 - 2006-04-21
Federal Court Decisions"The Board found no extenuating circumstances to warrant approval of the request and believes the appellant was treated fairly in accordance with DFO policy. [...] "The Board found no extenuating circumstances to warrant approval of the request, and believe the appellant was treated fairly in accordance with DFO policy. [...] [29] Before turning to consider each of these allegations, I will deal first with the applicant, Mr. MacCuspic, since his case is different.
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5,127.
Bellido v. Canada (Minister of Citizenship and Immigration) - 2005 FC 452 - 2005-04-06
Federal Court DecisionsThis procedure ensures fairness and equal treatment for all applicants. [...] Issue #3: Procedural Fairness [32] The Applicant submits that she was denied procedural fairness. [...] [37] I conclude that there was no breach of the rules of procedural fairness.
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5,128.
Mancia v. Canada (Citizenship and Immigration) - 1997-01-31
Federal Court DecisionsIn my opinion, reference to those three documents does not constitute a breach of the duty of fairness that would in itself warrant intervention by the Court. [...] Fairness dictates that documents or other evidence not readily available to the public ought to be disclosed, but it does not require more. [...] The question posed concerns the fairness of the process followed by the PCDO.
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5,129.
Ratt v. Matchewan - 2010 FC 160 - 2010-02-17
Federal Court DecisionsThe Chief carries out ongoing consultations within the community and deals with external relations involving the Crown, other governments and other First Nations. [...] Administrative boards that deal with matters of policy will be closely comparable to the boards composed of municipal councillors. [...] [149] Any claim to objectivity and fairness in such circumstances is simply untenable.
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5,130.
Van Sluytman v. Canada - 2022 FC 545 - 2022-04-14
Federal Court Decisions(d) may prejudice or delay the fair trial of the action, d) qu’il risque de nuire à l’instruction équitable de l’action ou de la retarder; [...] I have no doubt that the plaintiff feels frustrated and angry as a consequence of his dealings with the defendants. [...] I cannot permit the action to continue based only on abstract considerations of fairness.
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5,131.
Blank v. Canada (Justice) - 2021 FC 47 - 2021-01-13
Federal Court DecisionsThe objections generally deal with issues of natural justice, predominantly perceived bias by the Prothonotary. [...] Although the case deals with the Access to Information Act, rather than the Privacy Act, the process is described in the, 2011 FC 233, [2011] FCJ No 283 (QL). [...] Most relate to procedural fairness/appearance of bias. VIII. Has the Applicant shown procedural unfairness or bias by the Prothonotary?
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5,132.
Birchcliff Energy Ltd. v. Canada - 2019 FCA 151 - 2019-05-16
Federal Court of Appeal Decisions... [115] Although the Algoa Trust decision deals with a cash dividend, the combination in this case of stock dividends followed by a redemption has the same effect and similarly results in a transfer of property without consideration. [...] Generally, shares in an amalgamated corporation will be issued to the shareholders of the predecessor corporations in proportion to the relative fair market value of the predecessor corporations. [...] Therefore, the number of shares issued by the amalgamated corporation to the shareholders of each predecessor corporation will generally reflect the relative fair market value of each predecessor corporation.
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5,133.
Salloum v. The Queen - 2014 TCC 366 - 2014-12-12
Tax Court of Canada JudgmentsIn that respect, Mr. Salloum stated that he spent a great deal of his time and available money developing a reliable high performance engine that could be used for, among other things, drag racing. [...] I also note that these are appeals under the informal procedure which mandates that I deal with the appeals as informally and expeditiously as the circumstances and considerations of fairness permit (see subsection 18.15(3) of the Tax Court of Canada Act). [...] Fairness dictates that I not ignore this issue simply because it was not explicitly raised by the Appellant.
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5,134.
Balogh v. Canada (Citizenship and Immigration) - 2014 FC 771 - 2014-08-01
Federal Court DecisionsThe documentary evidence showed that Hungary is a democracy with free and fair elections and a relatively independent and impartial judiciary. [...] [33] A fair reading of the Board’s documentary evidence demonstrates that it is recognized that the outlawed “right-wing extremist groups” continue to incite violence against Roma and have held marches around the country aimed at intimidating local Romani communities. [...] Similarly, this evidence only speaks to police protection for well-publicized serial killings and does not deal with police protection from common criminals or racist people who the Applicants fear in this case.
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5,135.
Villeneuve v. M.N.R. - 2014 TCC 224 - 2014-07-15
Tax Court of Canada Judgments[15] In cross-examination, Mr. Ayotte admitted that he did not do the accounting, and it is clear, in my opinion, that the accounting leaves a great deal to be desired. [...] At the beginning, he was at the Techno office fairly often (about 20% of the time he says) in order to familiarize himself with all of the technology. [...] However, the two men communicated fairly often and it was easy to keep Mr. Ayotte informed.
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5,136.
Canada v. Costco Wholesale Canada Ltd. - 2012 FCA 160 - 2012-05-30
Federal Court of Appeal Decisions(iv) monitoring another person’s payment record or dealing with payments made, or to be made, by the other person, [...] (iv) à contrôler le registre des paiements d’une autre personne ou à traiter les paiements faits ou à faire par celle-ci; [...] Observations on dealing with retrospective amendments The importance of a trial decision
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5,137.
Nachar v. The Queen - 2011 TCC 36 - 2011-01-21
Tax Court of Canada Judgments7 It could not be expected that Soper would provide a ready answer to all questions dealing with directors' liability. [...] 10 With respect, I think that what was stated in Gaucher is a principle of broad application and ordinary fairness and it applies equally to assessments of director's liability under section 227.1 of the ITA and section 323 of the ETA. [...] This principle is consistent with common sense and ordinary fairness.
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5,138.
Apotex Inc. v. Sanofi-Aventis - 2011 FC 52 - 2011-01-17
Federal Court Decisions• [19] It is fair to say, therefore, that the Court will apply a generous and flexible standard of relevance in determining whether a question should be answered.A fair amount of latitude will be allowed on discovery provided that a question is relevant to issues raised by the pleadings.The standard of relevance on [...] The former deals with safety and effectiveness. The latter looks at utility, but in the context of inventiveness. [...] aware of the Pharmaceutical Manufacturing Guidelines, 1985 edition, edited by the Society of Japanese Pharmacopia (item 316), or of the part of Guidelines at the sixth last page of Exhibit C dealing with racemic modification (item 317), and if so, at what point in time Sanofi had become familiar with these publications.
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5,139.
Johnson v. Bell Canada - 2008 FC 1086 - 2008-09-26
Federal Court Decisions[18] The questions the Court must deal with are as follows: 1. Are personal e-mails subject to PIPEDA and disclosure by Bell Canada in response to Mr. Johnson’s access request? [...] Il sera aussi possible de contester l’exactitude et l’intégralité des renseignements et d’y faire apporter les corrections appropriées. [...] e) les renseignements ont été créés en vue de faire une divulgation au titre de la Loi sur la protection des fonctionnaires divulgateurs d’actes répréhensibles ou dans le cadre d’une enquête menée sur une divulgation en vertu de cette loi.
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5,140.
Pfizer Canada Inc. v. Canada (Minister of Health) - 2006 FC 220 - 2006-02-17
Federal Court Decisions[9] Before dealing with the substance of the allegations, I need to say a few words about the burden of proof. [...] The law regarding selection patents has been developed to deal with this problem... [...] Thirdly, the selection must be in respect of a quality of a special character which can fairly be said to be peculiar to the selected group.
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5,141.
Peter G. White Management Ltd. v. Canada - 2004 FC 346 - 2004-03-04
Federal Court DecisionsIn dealing with the appeal from the prothonotary, Mr. Justice Richard observed at page 161 that: [...] The Referee in dealing with compensation arising from the termination of employment was held to have decided the central question in the litigation, of whether or not entitlement existed in the wrongful dismissal action, or as put by Madam Justice Abella: [...] The fact that the appeal was abandoned indicates, among other things, that the procedure adopted by Mr. Justice Campbell and his decision were both fair.
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5,142.
Rudnicki v. Canada (Attorney General) - 2001 FCT 1321 - 2001-11-30
Federal Court DecisionsAccordingly, the plaintiff submitted that the Board had not acted fairly in the circumstances and had exceeded its jurisdiction by proceeding with a review of continued detention when there was a complete absence of information that the plaintiff's victims had suffered serious harm. [...] [33] The relevant provisions dealing with revocation of an inmate's statutory release and his continued detention are contained in ss. 127 to 135 of the Act. They need to be set out here: [...] All the plaintiff submitted was that the Board did not act fairly in the circumstances and exceeded its jurisdiction by undertaking, first, review of his continued detention, and second, imposing continued detention on the plaintiff when there was a total absence of information that the plaintiff's victims had suffered
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5,143.
Sprint Communications Co. Lp v. Merlin International Communications Inc. - 2000-11-10
Federal Court Decisions[9] Subsection 4(2) of the Act deals with when a trade-mark is deemed to be used [...] A possible explanation might have been that Sprint Canada and you had done some sort of deal where you were licensed to offer these kind of marketing services under their name. [...] Some of the individuals with whom we were dealing. Were there a number of clients that were so concerned?
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5,144.
Apotex Inc. v. Canada (Minister of Health) - 1999-04-12
Federal Court DecisionsSubsection 4(4) deals with a situation where a submission was filed or a notice of compliance was issued prior to the enactment of the Patented Medicines (Notice of Compliance) Regulations. [...] (2) La liste de brevets visée au paragraphe (1) doit faire l"objet d"une attestation de la personne quand à son exactitude et doit contenir les éléments suivants: [...] (3) Sous réserve des paragraphes (4) et (5), la personne qui soumet une liste de brevets doit le faire au moment du dépôt de sa demande d"avis de conformité.
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5,145.
Palmer v. Canada (Attorney General) - 2023 FC 529 - 2023-04-12
Federal Court DecisionsProcedural fairness was not violated. The Court goes through the factual background. [...] [68] The memorandum of fact and law spends paragraph after paragraph arguing that SIRC rendered a “cursory decision” because it did not deal with the merits of the case. [...] That, concludes SIRC, could have been the subject of redress by means of a grievance procedure: as such, SIRC is prevented from dealing with the complaint.
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5,146.
Hansen v. The Queen - 2020 TCC 102 - 2020-09-14
Tax Court of Canada JudgmentsCertainly the Minister is entitled to disagree with a taxpayer's view of fair market value and can reassess, within the limitation period, on the basis of his own evaluation. [...] If the same sort of property has been sold in succession over a period of years or there are several sales at about the same date, a presumption arises that there has been dealing in respect of the property. [...] F is the fair market value of the property or interest at the end of February 22, 1994, and
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5,147.
Haqi v. Canada (Public Safety and Emergency Preparedness) - 2014 FC 1246 - 2014-12-19
Federal Court DecisionsIn particular, s. 162(2) of IRPA requires the RPD “to deal with all proceedings before it as informally and quickly as the circumstances and the considerations of fairness and natural justice permit”. [...] that the CBSA officer dealing with Mr. Tjiueza’s case had no discretion not to deliver a section 104 notice terminating Mr. Tjiueza’s refugee proceeding, Justice de Montigny determined that there was no need to address Mr. Tjiueza’s arguments regarding the scope of the officer’s discretion and the fairness of the process. [...] He further submits principles of fairness require claimants to be afforded an opportunity to make submissions in this regard.
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5,148.
Dixon v. TD Bank Group - 2022 FC 331 - 2022-03-10
Federal Court DecisionsAfter examining the information, the Commission determined not to deal with the Complaint because it is frivolous, pursuant to paragraph 41(1)(d) of the CHRA. [...] They permit the admission of new evidence that: provides general background information; addresses procedural fairness issues; or, highlights the complete absence of evidence before the administrative decision maker (Access Copyright at para 20). [...] It was reasonable for the Commission to accept the findings in the Report and to not deal with the Complaint because it is frivolous.
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5,149.
Straessle Estate v. The Queen - 2018 TCC 144 - 2018-07-17
Tax Court of Canada Judgments(a) may prejudice or delay the fair hearing of the appeal; (b) is scandalous, frivolous or vexatious; [...] [23] The arguments put forward by the parties raise a problem of statutory interpretation in regard to the definition of “person” under the Act. As the Federal Court of Appeal stated in Manrell v Canada, 2003 FCA 128, [2003] 3 FC 727, 2003 DTC 5225, when dealing with the definition of the word “property” found in subsection [...] [32] Therefore, according to the Respondent, in order for Mrs. Hansen, as an “heir”, to be considered a “person”, she must administer, wind-up, control or deal in a representative or fiduciary capacity with the property of the Estate, which is not the case here.
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5,150.
Ozawagosh v. The Queen - 2013 TCC 311 - 2013-10-02
Tax Court of Canada JudgmentsIt is fair to say that the services are available both to clients who reside on a reserve and to clients who do not. [...] In addition, all the business dealings of the taxpayers were with an on‑reserve cooperative, which was a critical institution in the life of the reserve. [...] In light of Shilling, supra, and Horn v. Canada, 2008 FCA 352, the location of NLS should not be given a great deal of weight.