11,317 result(s)
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5,526.
Scheuneman v. Canada (Human Resources Development) - 2004 FC 1084 - 2004-08-06
Federal Court DecisionsBut, because he raised issues under the Canadian Charter of Rights and Freedoms, and alleged administrative errors in the handling of his file, the Tribunal lacked jurisdiction to deal with the matter. [...] The defendant was dealing with Mr. Scheuneman on an individual basis, reviewing his particular file and his entitlement to benefits. [...] In this case, any negligent conduct by the defendant would likely have provided grounds for a remedy in administrative law, whether based on an error of law, a perverse finding of fact or a violation of the duty of fairness.
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5,527.
Comprehensive Health Clinic Inc. v. The Queen - 2003 TCC 773 - 2003-10-29
Tax Court of Canada JudgmentsIt is a fairly extensive list. [4] I will just read a few items from the Agreement. [...] The following is a summary of those activities that Mr. Venneri claims she provided: research on appropriate techniques; types of training; motivational help on dealing with the terminally ill; mentoring generally; help with writing articles; establishing forms and procedures for Workers' Compensation work; marketing; [...] Your business appears to have flourished and you have attributed a good deal of that to the consultant.
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5,528.
Quinn v. The Queen - 2003 TCC 423 - 2003-09-11
Tax Court of Canada JudgmentsAt Texaco, Mr. Quinn was involved in the purchase and lease of real estate in Canada and had dealings with many of Canada's top developers. [...] [17] Mr. Quinn, on the other hand, submits that with his 40 years of experience in sophisticated real estate deals, he would not have purchased the property if he had thought it would not earn a profit. [...] He admitted that there was some element of risk but thought that it was fairly small.
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5,529.
Tafilica v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 191 - 2003-02-18
Federal Court DecisionsCLAIMANT #2: I never had to deal with Chairmen of other regions. I only directly have to deal with the Chairman of my region. [...] [11] The Board had an elevated expectation of Mr. Tafilica's knowledge of various political matters in Albania based on the understanding that he was a fairly high-level official in the Democratic Party.
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5,530.
Pfeiffer v. Superintendent of Bankruptcy - 2002 FCT 806 - 2002-07-19
Federal Court Decisions(a) direct a person to deal with property of the estate described in the direction in such manner as may be indicated in the direction, including the continuation of the administration of the estate; [...] c) donner instruction à une banque ou autre dépositaire de ne faire aucun paiement sur les fonds détenus au crédit de cet actif, si ce n'est conformément à l'instruction; [...] to their questionable record keeping and account management practices, to which I will allude in my discussion on the balance of convenience, the Applicants could conceivably have avoided, or at least delayed, the imposition of conservatory measures by taking a more cooperative approach to their dealings with the Office.
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5,531.
Alli v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 479 - 2002-04-26
Federal Court Decisions4. Did the Board breach its duty of procedural fairness by failing to afford the applicant the opportunity to rebut its findings regarding state protection? [...] [19] I propose to first deal with Issue 3. Did the Board err in its findings of fact regarding the availability of state protection? [...] [21] Because of my finding with respect to Issue 3, it is not necessary that I deal with the remaining issues.
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5,532.
Bader v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 304 - 2002-03-21
Federal Court DecisionsA supporting affidavit submitted by the respondent swears that the removal officer did in fact defer the applicants' removal date by over one month, to March 22, 2002, thereby committing no error of law and in the process afforded the applicants ample procedural fairness. [...] Dealing with substantially the same issue as the issue before me in the case at bar, Pelletier J. stated in Wang, at paragraph 10, that: [...] has yet to be filed or that all the applicants' woes allegedly stem from prior dealings with a supposed incompetent counsel who was handling the applicants' claim prior to their current counsel.
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5,533.
L'Hirondelle v. Canada - 2001 FCA 338 - 2001-11-07
Federal Court of Appeal DecisionsThis effectively deals with the appellant's main objection to the use of that evidence. [...] The orders of Hugessen J. do not purport to fetter the discretion of the Trial Judge and leave open the opportunity of the parties or interveners, when the circumstances warrant, to persuade the Trial Judge that fairness requires oral evidence rather than the use of specific transcripts from the original trial. [...] [9] The appellants also express the concern that the Trial Judge, in dealing with whether evidence from the first trial is relevant or is otherwise objectionable will read that evidence.
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5,534.
Sundberg v. Anderson - 2001 FCT 558 - 2001-05-30
Federal Court DecisionsAccordingly, DIAND would only deal with the Applicants as the Council of record. [...] If I remove the Chief and Council there will be no Band Council to deal with DIAND and this would likely cause disruption of funding from DIAND, as the Applicants are the Band Council of record. [...] If a case for a declaration were shown to exist or to be fairly arguable, the Court might perhaps intervene by injunction, in an appropriate case, to hold matters in status quo until the right could be tried but that is by no means the same thing as granting an interim declaration of right.
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5,535.
Chavali c. Canada - 2001 FCT 268 - 2001-03-30
Federal Court Decisions[6] Before analysing the motion to strike, I will first consider whether this Court has jurisdiction to deal with this motion. [...] [14] However, in the event I have erred in finding that I have no jurisdiction to consider this motion, I will now deal with the motion to strike by the defendant, the Canadian Judicial Council as though I have jurisdiction. [...] (d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or
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5,536.
Nizeyimana c. Canada (Minister of Citizenship and Immigration) - 2001 FCT 259 - 2001-03-30
Federal Court DecisionsSince the latter based his claim on that of his father and did not allege any specific fear of persecution, the RD was not required to deal separately and specifically with his application (see Chehar v. M.C.I. (November 27, 1997), IMM-4540-96, Seevaratnam v. M.C.I. (May 11, 1999), IMM-3728-98, Gengeswaran v. M.C.I. (May [...] 69.1 (9.1) La décision doit faire état de l'absence de minimum de fondement, lorsque chacun des membres de la section du statut ayant entendu la revendication conclut que l'intéressé n'est pas un réfugié au sens de la Convention et estime qu'il n'a été présenté à l'audience aucun élément de preuve crédible ou digne de foi [...] [9] This provision of the Act clearly requires that a conclusion that there is no credible basis should be part of the same decision as that dealing with the refugee status claim.
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5,537.
O'Sullivan v. Canada (Minister of The Environment) - 2000-03-07
Federal Court DecisionsClearly frustrated by his dealings with the Respondent, the Applicant forwarded a letter to the Court seeking advice and direction. [...] I come back again to the question of fairness. It is unfair for some counsel to be proceeding on the basis that barring unforseen events the time limits must be met and for others to be assuming that all they need do is plead overwork, or some other controllable event, and they will be granted at least one extension of [...] The Rules dealing with applications are coherent and straightforward and set out in detail the procedural steps to be taken by the parties.
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5,538.
Heselmann v. The Queen - 1999-09-28
Tax Court of Canada JudgmentsThis deal fell through and the property was sold by the mortgage company on a power of sale. [...] Christine's deal with her father was that he would repay her loans on the projects and use part of the projects' profits to repay her student fees. [...] The fairness of the figure from a market point of view was verified by Mr. Clifford.
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5,539.
Robichaud v. The Queen - 2016 TCC 19 - 2016-01-22
Tax Court of Canada JudgmentsDolar stated she informed Robichaud that it was important to contact CRA “right away” to deal with this serious matter. [...] [21] Prior to this decision, persons dealing with this issue can be forgiven for equating this provision with one that is penal – or nearly so - in nature. [...] [77] It is difficult to feel a great deal of sympathy for the Appellants notwithstanding some presented as most sympathetic characters, simply duped by the bad guys.
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5,540.
Lehigh Cement Limited v. The Queen - 2013 TCC 176 - 2013-05-29
Tax Court of Canada Judgments[5] Paragraph 95(6)(b) is found in subdivision i of Division B of Part I of the Act, which deals with income from non-resident corporations. [...] Parliament cannot have intended for paragraph 95(6)(b) to apply without discretion or arbitrarily, as this would violate the principles of fairness and certainty. [...] The portion of the Technical Note dealing with paragraph 95(6)(b) reads as follows:
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5,541.
800537 Ontario Inc. v. The Queen - 2004 TCC 258 - 2004-06-21
Tax Court of Canada JudgmentsI shall deal with these four transactions (the "Nordren" transactions) later in these reasons. [...] [30] Before dealing with other questions of evidence there are a couple of matters that should be dealt with at this point. [...] [56] If the existing deal was 7% over some figure such as cost, margin, or "base cost", why keep repeating the figures?
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5,542.
Canada (Minister of Citizenship and Immigration) v. Obodzinsky - 2003 FCT 239 - 2003-02-26
Federal Court DecisionsLa communication de l'avis peut se faire par courrier recommandé envoyé à la dernière adresse connue de l'intéressé. [...] (3) the reports did not deal with the defendant in particular, but covered nearly 4,000 former members of the Polish Second Corps who met the Canadian mission in Italy or England; [...] He contended that the defendant had not suffered any detriment, as this evidence did not deal with Mr. Obodzinsky as an individual.
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5,543.
Asanjan v. Canada (Minister of Citizenship and Immigration) - 1998-12-22
Federal Court Decisions"...Let's be fair. That is not what the Claimant just said a few moments ago, and I would like you to respond to that. [...] MR. GOLD: My Lord, I don't wish to interrupt, but that isn't the only part dealing with this issue, and I didn't interrupt on the previous occasion when we were dealing with the computer and the colonel, but there is another passage that deals with that as well. [...] MR. GOLD: The other findings are... well, let me deal first, perhaps, with the finding on that same page dealing with the exit from Iran.
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5,544.
Friends of the Earth v. Canada (Governor in Council) - 2008 FC 1183 - 2008-10-20
Federal Court DecisionsFor instance, in describing the provisions of the KPIA dealing with regulatory change, the Plan states: [...] [29] Section 5 of the KPIA deals with the Minister’s duty to prepare an annual Climate Change Plan. [...] [2] The Respondents’ characterization of the language of this Act as “unusual” is certainly a fair one.
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5,545.
G.D. Searle & Co. v. Canada (Health) - 2008 FC 437 - 2008-04-04
Federal Court Decisions(5) Sous réserve du paragraphe (6), la première personne qui présente une liste de brevets doit le faire au moment du dépôt de la présentation de drogue nouvelle ou du supplément à une présentation de drogue nouvelle qui s’y rattachent. [...] [14] In their written representations, the applicants had raised an issue of procedural fairness as well as preliminary issues in respect of the filing of new evidence not before the decision maker. [...] It is of particular interest to note that in that last case, the Court specifically rejected as untenable the proposition that the jurisprudence dealing with claims for the medicine is irrelevant when one considers whether a claim is for the use of the medicine.
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5,546.
Read v. Canada (Attorney General) - 2005 FC 798 - 2005-06-02
Federal Court DecisionsIn anticipation, Cpl. Read went so far as to state in writing that he would only deal with Sgt. Pasin if cleared by his then-superior officer, Supt. [...] Public Service employees must be loyal, knowledgeable, fair and possess integrity. [...] I shall first deal with the RCMP and then with Citizenship and Immigration Canada and External Affairs.
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5,547.
Empire Company Limited v. Canada (Attorney General) - 2024 FC 810 - 2024-05-28
Federal Court DecisionsPart VIII deals with civilly reviewable trade practices, including the abuse of dominant position provisions in section 79. [...] The applicant then sought judicial review on the basis that the Commissioner had failed to carry out his duties under the Act, and had not acted fairly. [...] (d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or
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5,548.
Abbass v. The King - 2023 TCC 169 - 2023-12-29
Tax Court of Canada JudgmentsHowever, at her young age, dealing with adults’ obligations was not necessarily intuitive. [...] Mr. Luu: Is it fair to say, therefore, Ms. Chau, that this amount, there is absolutely no proof of these inflows or outflows, whether it's in 2010 or 2013? [...] Mr. Luu: Is it fair to say, Ms. Chau, that you made an assumption that in 2010 this happened?
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5,549.
McCain Foods Limited v. J.R. Simplot Company - 2021 FCA 4 - 2021-01-14
Federal Court of Appeal Decisions[15] The aspect of the Judge’s decision that concerned Elea’s motion to strike or stay the third part claim was not, strictly speaking, dealing with an appeal from the Prothonotary. [...] In Enercorp, this Court recently developed the idea that proceedings should be manageable and fair: [...] In my view, the pleading of the implicit license defence is manageable and fair.
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5,550.
Grenier v. Canada (Attorney General) - 2016 FC 687 - 2016-06-20
Federal Court DecisionsFor these reasons and those set out in the report, the Commission has decided not to deal with the complaint. [...] [14] As is often the case in these matters, the Commission endorsed the investigation report, which provides a great deal more information. [...] With regard to a potential lack of procedural fairness, the applicable standard is correctness (Mission Institution v. Khela, 2014 SCC 24, [2014] 1 SCR 502, at paragraph 79).