11,317 result(s)
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5,551.
Tuccaro v. The Queen - 2015 TCC 290 - 2015-11-20
Tax Court of Canada JudgmentsThe “if and how” of dealing with this issue is part of managing the conduct of a trial. [...] [50] In any event, the trial judge will inevitably have ultimate authority over how to deal with the Treaty 8 issue. [...] Lawyers should consider their client's limited means and the nature of their case and fashion proportionate means to achieve a fair and just result.[24]
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5,552.
Eli Lilly and Company v. Apotex Inc. - 2008 FC 892 - 2008-07-21
Federal Court DecisionsIn fact, the contract itself, although it deals with the issue of confidentiality, does not provide that its terms (as opposed to the process in Appendix A) are to be kept confidential. [...] [29] With respect to documents nos. 96 to 105, these are all expert reports that deal with much more than the information described in Dr. Sherman’s affidavit. [...] In document 105 (A-15), which deals only with the validity of the patents at issue, no potentially confidential information was found.
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5,553.
Laramee v. The Queen - 2007 TCC 635 - 2007-10-19
Tax Court of Canada JudgmentsMr. Laramee negotiated with Michelin and with a Chinese delegation for a couple of years, which resulted in a deal in 1993. [...] Mr. Zaduk had a handshake deal with the owner of the project, Mr. Ulrich, for buying the property at $900,000. [...] This was, according to Mr. Stevens’ testimony, well under the fair value of other properties for the development of golf courses.
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5,554.
Boutilier v. The Queen - 2007 TCC 96 - 2007-02-20
Tax Court of Canada JudgmentsHe then transferred into this Corporation that portion of his business activities dealing with the trailer fees in exchange for 200 preferred shares valued at $200,000.00. [...] The focus of the subsection is on the potential avoidance of tax that could result when a right to income is transferred between parties not dealing at arm's length. [...] Whether the Corporation here has been properly assessed has little bearing on this appeal and it remains an issue which the Corporation must deal with.
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5,555.
Dolomite Svenska Aktiebolag v. Dana Douglas Medical Inc. - 1997-10-14
Federal Court DecisionsThen he adopts this quote of the British Columbia court as to one judge's dealing with another judge's ex parte order: [...] This case, the Federal Court of Appeal is considering whether or not they can deal with an appeal, first of all - that's one of the issues they deal with - from an ex parte order. [...] MR. MORGAN: That's fair. Fine. HIS LORDSHIP: Do we understand each other?
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5,556.
Canada v. Honeywell Limited - 2007 FCA 22 - 2007-01-26
Federal Court of Appeal Decisionsb. To do so would violate rules of simple fairness. The taxpayer was induced to sign a waiver on the basis that the Minister would apply only GAAR and paragraph 12(1)(c). [...] [21] The Crown then invited Bowman C.J. to reconsider his decision on the ground that he had failed to deal with a number of amendments which were before him. [...] (B) any other non-resident corporation with which the taxpayer does not deal at arm’s length
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5,557.
Sogi v. Canada (Minister of Citizenship and Immigration) - 2005 FC 262 - 2005-02-18
Federal Court DecisionsThese reasons deal with the application for judicial review of that decision. [...] On the other hand stands Canada's constitutional commitment to liberty and fair process. [...] I have decided that the proper course is to deal with this question at the continuation of the hearing of this application.
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5,558.
Thomas v. Peace Hills Trust Co. - 2001 FCT 443 - 2001-05-08
Federal Court DecisionsSections 9 and 10 deal with surrenders of Indian land and transfer of mineral rights. [...] Section 11 deals with extending the benefits of the Framework Agreement to certain bands which are not part of the Entitlement Bands. [...] The plaintiffs claim that since the Federal Court has jurisdiction to deal with the Framework Agreement and the Band Specific Agreement, it should assume jurisdiction to deal with the Trust Agreement so that there is a consistent interpretation of all agreements.
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5,559.
Canada (Minister of National Revenue) v. Moss - 1997-11-19
Federal Court Decisions[23] Section 225.2 deals with the very narrow issue of whether actual jeopardy arises from the likely delay in the collection. [...] It cannot deal with the circumstances surrounding the section 160 assessment. [...] The respondent cites some specific examples, some which deal with the circumstances of the section 160 assessment.
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5,560.
Mawut v. Canada (Public Safety and Emergency Preparedness) - 2021 FC 1155 - 2021-10-29
Federal Court Decisions[21] Before reviewing the passages of Brown that deal directly with disclosure, it is useful to set out briefly the context in which this decision was rendered. [...] [42] In my view, the ID’s refusal to order disclosure gave rise to a breach of procedural fairness. [...] The Court was describing what is necessary to ensure procedural fairness in a detention review.
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5,561.
Les Laboratoires Servier v. Apotex Inc. - 2019 FC 616 - 2019-05-08
Federal Court DecisionsThe data produced at page 4 of '825 deals with the stability of the L‑arginine. [...] that if you intend to impeach a witness you are bound, whilst he is in the box, to give him an opportunity of making any explanation which is open to him; and as it seems to me, that is not only a rule of professional practice in the conduct of a case, but is essential to fair play and fair dealing with witnesses. [...] The public is entitled to rely on the words used provided the words used are interpreted fairly and knowledgeably.
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5,562.
Canada v. Berhad - 2005 FCA 267 - 2005-08-04
Federal Court of Appeal Decisions(5) Le propriétaire est tenu de faire faire l'inspection, et aucun navire à vapeur visé au présent article ne peut être utilisé à moins qu'il ne se trouve à son bord un ou des certificats en vigueur, délivrés en vertu des articles 318 ou 319 et applicables au voyage que le navire se dispose à entreprendre et au trafic [...] [44] As the argument goes, section 329 is a specific provision dealing with non-Canadian ships holding a valid Safety Convention certificate. [...] [71] The Act is the principal piece of legislation dealing with vessel use in Canadian waters.
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5,563.
Reyes Garcia v. Canada (Citizenship and Immigration) - 2024 FC 1303 - 2024-08-22
Federal Court DecisionsBy way of a Judgment and Reasons issued January 17, 2020, Justice Ahmed held that the CBSA officer’s decision was unreasonable and breached procedural fairness. [...] The court further found that the officer breached procedural fairness by making his own determination of inadmissibility when he lacked the authority to do so. [...] [25] Section 40 of the IRPA deals with inadmissibility due to misrepresentation.
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5,564.
Mohammed v. Canada (Citizenship and Immigration) - 2024 FC 713 - 2024-05-09
Federal Court Decisions[5] The second issue raises the duty of procedural fairness. The Court reviews such issues on a standard akin to correctness, in which the Court asks whether the procedure was fair having regard to all of the circumstances: Canadian Pacific Railway Company v Canada (Attorney General), 2018 FCA 69 at para 54. [...] B. There was no breach of the duty of procedural fairness (1) Background to the claim for refugee protection [...] There was no breach of either the statutory procedural obligations set out in the IRPA or the duty of procedural fairness.
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5,565.
Sabanal v. Canada (Citizenship and Immigration) - 2009 FC 850 - 2009-08-27
Federal Court DecisionsThe respondent submits that the applicant was treated fairly at all times and the applicant failed to exercise due diligence in the application process. [...] Issue one deals with findings of fact which are assessed on the standard of reasonableness in accordance with Dunsmuir v. New Brunswick, [2008] 1 S.C.R. 190. [...] It is my opinion that the applicant was given full and fair opportunity to meet the requirements under the Act for permanent residency.
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5,566.
Rogers v. Canada (Citizenship and Immigration) - 2009 FC 26 - 2009-01-09
Federal Court Decisions[18] To the extent that the issues raised by the applicant pertain to procedural fairness, the standard is different. [...] This is procedurally fair and ensures that the decision-maker has all the information necessary before making a decision. [...] I have already quoted, at paragraph 28 of these reasons, the section of the Bulletin dealing with the granting of exemptions on the officer’s own initiative.
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5,567.
Herbert v. Canada (Attorney General) - 2008 FC 969 - 2008-08-28
Federal Court Decisionsa. Whether the Commission breached its duty of fairness on the basis that the investigation was not thorough; and [...] However, the process it follows in exercising that discretion must be fair. [...] If the Commission chose to make a determination based on all of the evidence before it, including the rebuttal, to dismiss the complaint, then procedural fairness required that the Commission specifically deal with each of the issues raised in the rebuttal that were of a fundamental character.
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5,568.
Séguin v. Canada (Attorney General) - 2008 FC 551 - 2008-04-29
Federal Court Decisions... (j) without prior authorization, is in possession of, or deals in, an item that is not authorized by a Commissioner’s Directive or by a written order of the institutional head; [...] (c) Did the Chairperson commit an error of procedural fairness by not allowing the second officer to testify? [...] (c) Did the Chairperson commit an error of procedural fairness by not allowing the second officer to testify?
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5,569.
Pierre v. Canada (Citizenship and Immigration) - 2023 FC 59 - 2023-01-16
Federal Court Decisions[8] On July 9th, 2021, the Officer sent the Applicant a procedural fairness letter (PFL) requesting “updated information on custody agreements; visitation agreements, and any other information that you would like to have considered as of September 8, 2021.” [...] [14] The Supreme Court of Canada has established that when conducting judicial review of the merits of an administrative decision, other than a review related to a breach of natural justice and/or the duty of procedural fairness, the presumptive standard of review is reasonableness: Canada (Minister of Citizenship and [...] Those interests must be “‘well identified and defined’ and examined ‘with a great deal of attention’ in light of all the evidence”: Kanthasamy at para 39.
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5,570.
Janssen Inc. v. Teva Canada Ltd. - 2022 FC 269 - 2022-02-25
Federal Court Decisions[1] This decision deals with the quantum of costs that were awarded to the Plaintiffs, Janssen Inc. and Janssen Pharmaceutica N.V., in this Court’s Judgment and Reasons in Janssen Inc. v. Teva Canada Ltd., 2020 FC 593, dated May 5, 2020 [the “Judgment”]. [...] [8] The overriding consideration in making an award of costs is fairness and reasonableness [Bristol-myers Squibb Canada Co. v. Teva Canada Limited, 2016 FC 991 at paragraph 5]. [...] As stated above, the overriding considerations are fairness and reasonableness, and the reasonable expectations of the respective parties is a consideration in awarding costs [Fluid Energy Group Ltd. v. Exaltexx Inc. 2020 FC 299 at paragraph 15].
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5,571.
Canada (Public Safety and Emergency Preparedness) v. Najafi - 2019 FC 98 - 2019-01-23
Federal Court DecisionsAs Stratas J.A. put it in Bernard, “(s)ome issues are best decided by the panel hearing the application, not by a motion judge dealing with issues on an interlocutory basis” (paragraph 9). [...] c. evidence relevant to an issue of natural justice, procedural fairness, improper purpose and fraud that could not have been placed before the administrative tribunal. [...] decision-maker; the abuse of process finding was based on false submissions to the ID and IAD, including that counsel for the Applicant (who is not the counsel of record before the Court) participated on the postponement of the admissibility hearing; the failure to hold a hearing violates procedural fairness.
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5,572.
Tilahun v. The Queen - 2018 TCC 118 - 2018-06-29
Tax Court of Canada JudgmentsThe travel is not to a regular place of business but rather it is to various work sites of the construction company employer, within a fairly wide radius of Toronto. [...] [10] Turning to the cell phone charges, per the quite fair acknowledgment of Respondent’s counsel, based on testimony of the Appellant at the hearing, I am prepared to allow one-half of the agreed-upon amount of the claim for cell phone expenses for each of the 2010 and 2012 years. [...] I believe it could fit under paragraph 8(1)(h) which deals with non - motor vehicle travel expenses.
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5,573.
Mackay v. Canada (Attorney General) - 2010 FC 856 - 2010-08-27
Federal Court Decisions” means “don’t make a mountain out of a molehill” or don’t make a “big deal” of a small matter. [...] [11] The Attorney General submits that the decision was discretionary, was fair, and was made in good faith. [...] Certainly Mr. Mackay was given a fair opportunity to make his case, there is no suggestion of bad faith, and there is some discretion as personal purchases of exempt items must nevertheless be approved by the Deputy Warden or a delegate not below the Assistant Warden level.
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5,574.
Bowden v. Canada (Attorney General) - 2008 FC 580 - 2008-05-06
Federal Court Decisions... ... ICP: We are now dealing with the substantive issue of the charge, Sir, and the evidence that I’ve heard. [...] The standard of correctness will apply to any breach of procedural fairness. [...] This omission raises concern about adequate respect for procedural fairness.
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5,575.
Microsoft Corp. v. 9038-3746 Quebec Inc. - 2005 FC 1144 - 2005-08-23
Federal Court DecisionsThe Plaintiff established, in a fairly meticulous fashion, that the great majority of the refusals by the Defendants were excessive, unwarranted and unreasonable. [...] Being guided by the counsel fees and disbursements allowable under Tariff B, I consider the amount of $10,000, plus disbursements of $1,611.25, would fairly compensate the Plaintiff for its costs in bringing the present motion, taking into account the substantial volume of work by the Plaintiff in preparing the motion [...] The Plaintiff points to pleadings which deal with the sale of allegedly counterfeit goods returned by the Montreal police which may have been sold by the Defendants.