11,318 result(s)
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5,601.
Professional Institute of the Public Service of Canada v. Canada (Attorney General) - 2011 FCA 143 - 2011-04-26
Federal Court of Appeal Decisionsa) sa décision est réputée faire partie de l’entente; b) les parties sont réputées avoir conclu une entente sur les services essentiels. [...] [38] A comparison with a recent decision of the Board dealing with the CS Group of employees at the Department of Public Safety highlights the deficiencies of the proposed definition. [...] [39] In an earlier decision dealing with Border Services Officers at CBSA, the Board gave a definition of essential services which also highlights the deficiencies of the proposed definition (Border Services):
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5,602.
Espidio Gomez v. Canada (Citizenship and Immigration) - 2010 FC 1301 - 2010-12-17
Federal Court DecisionsThere is a public interest in having a system which operates in an efficient, expeditious and fair manner and which, to the greatest extent possible, does not lend itself to abusive practices. [...] Furthermore, it was already shown that the officer’s H&C decision, which deals with the issue, is reasonable. [...] This is not simply a question of administrative convenience, but implicates the integrity and fairness of, and public confidence in, Canada’s system of immigration control.
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5,603.
Pantelidis v. The Queen - 2010 TCC 639 - 2010-12-15
Tax Court of Canada JudgmentsIn all fairness, however, it should be mentioned that there is strong disagreement between the parents as to whether their youngest daughter has Attention Deficit Hyperactivity Disorder (“ADHD”), with the school report suggesting she is normal while a psychiatrist report suggests the disorder, while the ADHD Clinic report [...] I mention this because it was the Appellant’s suggestion that the father refused to participate in the examinations and meetings dealing with the psychiatrist in particular, suggesting he did not care or left the burden of dealing with the issue entirely to her, although his evidence is that he received the psychiatric [...] It is not open to the Court to make exceptions to statutory provisions on the grounds of fairness or equity. ...
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5,604.
Wai v. Canada (Citizenship and Immigration) - 2009 FC 780 - 2009-07-29
Federal Court Decisions[18] Thus, in light of the Supreme Court of Canada’s decision in Dunsmuir and the previous jurisprudence of this Court, I find the standard of review applicable to the general issues raised in this application to be reasonableness, with the exception of the procedural fairness issue. [...] [19] The Applicant has also raised a procedural fairness (adequacy of the reasons) argument in his submissions for which the standard of review is correctness: Suresh v. Canada (Minister of Citizenship and Immigration) 2002 SCC 1. [...] Both cases deal with different kinds of evaluation under the Act, but they make it clear that an officer with a discretion is required to exercise it in accordance with proper criteria that are related to suitability for successful establishment.
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5,605.
Rachfalowski v. The Queen - 2008 TCC 258 - 2008-05-15
Tax Court of Canada Judgments[8] Counsel referred me to a number of decisions of this Court, and of the Federal Court, which deal with the question whether attendance at a particular convention was a taxable benefit to an employee. [...] I have a fair idea what our friend on the Clapham omnibus would probably say. [...] It is a fair inference that the employer wanted its senior executives to belong to a golf club.
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5,606.
Democracy Watch v. Campbell - 2008 FC 214 - 2008-02-19
Federal Court Decisionsc) An office of the Registrar of Lobbyists to deal with the management and coordination of the ORL. [...] [23] It is settled law that where breaches of procedural fairness, such as bias on the part of a decision-maker, are found, the decision must be quashed and the matter returned for redetermination as demonstrated by the decision of Justice Gibson in Democracy Watch 1. [...] In the event of a finding of bias, it seeks to have a declaration that it was deprived of its right to a fair hearing contrary to section 2(e) of the Canadian Bill of Rights, S.C. 1960, c. 44.
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5,607.
Ratnasingam v. Canada (Public Safety and Emergency Preparedness) - 2007 FC 1096 - 2007-10-23
Federal Court DecisionsThe case deals with whether a refugee hearing makes res judicata the issue of the applicant’s inadmissibility for crimes against humanity. [...] Because the Minister had a “full and fair opportunity to be heard” at the refugee hearing, the applicant argues that the Minister is bound by estoppel from subsequently addressing the applicant’s admissibility before the ID. [...] In this application, which deals with whether the IAD was correct in not applying the issue estoppel branch of res judicata, an award of costs would be inappropriate as the respondent is not responsible for delaying these proceedings given the nature of the applicant’s argument.
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5,608.
Francis v. The Queen - 2007 TCC 323 - 2007-06-07
Tax Court of Canada JudgmentsIn the result the deal did not materialize. Mr. Francis’ reply to the proposal was as follows: [...] [. . .] It is an essential feature of the judge’s function to see that the litigation is carried on fairly between the parties. [...] 29 Here we are dealing not with a penalty but with the forfeiture of a portion of the appellant's inventory.
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5,609.
Stackhouse v. The Queen - 2007 TCC 146 - 2007-04-03
Tax Court of Canada JudgmentsA fair amount of knowledge is therefore required. Indeed, organic farming is referred to as a knowledge-based system, one in which farmers really have to know what they are doing. [...] She reviews cases dealing with that section and its purpose, but is unable to find a satisfactory explanation for the existence of section 31 of the Act. [...] She deals with the criticism of, and difficulties that are posed by, the Moldowan decision, particularly with regard to addressing the "combination question" and with regard to how that question should be interpreted.
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5,610.
Pioneer Grain Company v. Goy - 2005 FC 530 - 2005-04-20
Federal Court Decisions97. La Commission peut, après avoir mené une enquête en application de l'article 91 et avoir donné aux intéressés toute occasion de se faire entendre, prendre un arrêté visant : [...] I will deal with each of these arguments. 1. Lack of submissions from the Commission [...] The Court in Feduk was dealing with the right of equitable set-off - a much different issue than contractual or legal right of set-off.
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5,611.
Forestex Management Corp. v. Lloyd's - 2004 FC 1303 - 2004-09-22
Federal Court Decisions[5] There is more to this tale, but it is time for some relevant facts by which to deal with the present motion to strike out the Statement of Claim. [...] By Order of 6 November 2003 the Federal Court of Appeal refused to deal with the motion on ex parte basis, adjourning the motion so that the owners might serve the respondent underwriters. [...] (See also "If a claim is 'fairly debatable,' no liability in tort will arise."
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5,612.
Stanfield v. The Queen - 2004 TCC 480 - 2004-07-02
Tax Court of Canada JudgmentsCases are to be dealt with as expeditiously as circumstances and considerations of fairness and justice permit. [...] This Court must be interested in fairness and in justice and it appears to me that those objectives are better served by this case proceeding in the normal fashion. [...] Respondent’s counsel did not deal with that proposition when put to her by the Court.
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5,613.
Sicuro v. Canada (Minister of Citizenship and Immigration) - 2004 FC 461 - 2004-03-25
Federal Court Decisionslegal counsel contacted by the immigration officer for an opinion stated the view that the "extinction of the criminal offence does not annul the fact that a criminal offence has been committed but only causes the conviction (which was suspended) not to be executed following the five year period of fair behaviour." [...] have been overtaken by more recent and relevant jurisprudence of this court on the issue of the analysis of foreign pardons for the purposes of section 19(1) of the former Act. Therefore, I will not deal with the two decisions cited by the applicant, preferring instead to deal with Saini, supra, and Burgon, supra. [...] It may be concluded therefore that the extinction of the criminal offence does not annul the fact that a criminal offence has been committed but only causes the conviction (which was suspended) not to be executed following the five year period of fair behaviour.
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5,614.
Wannan v. Canada - 2003 FCA 423 - 2003-11-12
Federal Court of Appeal Decisions(i) the amount, if any, by which the fair market value of the property at the time it was transferred exceeds the fair market value at the time of the consideration given for the property, and [...] The first issue deals with the interaction of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, and section 160 of the Income Tax Act. The second issue requires consideration of the manner in which the bankruptcy dividend was applied to Dr. Wannan's tax liability. [...] Such an ex post facto reconstruction would be inconsistent with the normal manner in which a bank and its customers deal with each other and, in the case of a bankruptcy, would operate to the prejudice of all other depositors and unsecured creditors of the bank.
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5,615.
Norcan Electrical Systems Inc. v. Feeding Systems A/S - 2003 FCT 702 - 2003-06-02
Federal Court Decisions[2] The first action, T-1959-02, which I shall call the Canadian necessaries claim, is fairly straightforward, for it involves necessaries in the amount of $74,929.75 supplied to the Defendant vessels FB XIX and FB XX in Canada by the Canadian Plaintiff. [...] [8] In setting bail, I must not encroach upon the field reserved for whoever will deal with entitlement to judgment and to determination of priorities. [...] [13] Sister ship legislation becomes fairly clearly if one keeps in mind that its purpose was to prevent an owner from improperly insulating assets by putting each ship into a separate company in which the overall owner held all of the shares.
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5,616.
Pfizer Canada Inc. v. Canada (Attorney General) - 2003 FCA 138 - 2003-03-14
Federal Court of Appeal Decisions[14] If one reads section 4 (supra) as a whole it is clear that it deals with a patent list confined to Canadian patents. [...] par des faits accomplis dans l'intervalle, soit, notamment, par un autre dépôt, par la publication de l'invention ou son exploitation, par la mise en vente d'exemplaires du dessin ou du modèle, par l'emploi de la marque, et ces faits ne pourront faire naître aucun droit de tiers ni aucune possession personnelle. . . . [...] The appeals having been dismissed as sought by the intervener there is no need to deal with its request for grant of status to seek leave to appeal in the Supreme Court.
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5,617.
Gagné v. The Queen - 2001-08-10
Tax Court of Canada JudgmentsThe two appellants' children saw one another frequently and Ms. Trudel said that she and Mr. Gagné also began to see each other because he showed her a great deal of friendship and tenderness. [...] Her airline ticket was allegedly paid for through the air miles accumulated by Mr. Gagné, who travelled a great deal. [...] In her testimony, Ms. Trudel explained that each of them thus contributed to the food budget based on that fairly rough calculation of their respective consumption.
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5,618.
Bartsch v. The Queen - 2001-06-27
Tax Court of Canada JudgmentsAs a result of the maintenance payments made by the appellant, it is fair to say that Davin derived his or some of his means of subsistence from the appellant. [...] . . . [5] In our view, a certificate under paragraph 118.2(2)(e) must at least specify the mental or physical handicap from which the patient suffers, and the equipment, facilities or personnel that the patient requires in order to obtain the care or training needed to deal with that handicap. [...] Every enactment is deemed remedial, and shall be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objects.
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5,619.
Oakley,inc v. Shoppers Drug Mart/shoppers Drug Mart Limitee - 2001 FCT 226 - 2001-03-22
Federal Court Decisions(d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or [...] Both parties are entitled to fair notice of the case which they are bound to meet so that they may procure evidence relevant to the issues disclosed by the pleadings.[4] [...] [28] However, the injunctive relief sought in the case at bar deals with a registered trade-mark namely, the ELLIPSE DESIGN trade-mark.
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5,620.
Itochu Canada Ltd. v. Fu Ning Hai (Ship) - 1999-08-17
Federal Court DecisionsThe expert on Korean law avoids dealing in his opinion this quandary by ignoring both the proviso in clause 25 and the Clause Paramount and thus does not touch upon the importation of the Canadian Water Carriage of Goods Act. [...] would be prejudiced by having to sue in the foreign Court because they would (i) be deprived of security for that claim; (ii) be unable to enforce any judgment obtained; (iii) be faced with a time-bar not applicable in England; or (iv) for political, racial, religious or other reasons be unlikely to get a fair trial. [...] Counsel for the Plaintiff makes a fair and proper statement: he says he is not prepared to undertake that he would have commenced an action in Korea had he learned, at the last minute but within time, of Hyundai"s intention to challenge jurisdiction.
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5,621.
Zarzour v. Canada - 1999-05-28
Federal Court DecisionsHowever, the legal aspect of the case, which does raise very delicate and important points, was neglected as the plaintiff was not represented by counsel and counsel for the defendant only touched lightly on certain aspects of the law, omitting among other points to deal with the procedural aspect of this action. [...] This makes it even more difficult to render judgment as the analysis can only deal essentially with the facts without the Court having the benefit of a brief discussion of the points of law. [...] [17] Relying on Mooring v. Canada (NPB), [1996] 1 S.C.R. 75, the plaintiff objected that the Board had not given him a fair and impartial hearing and had not ensured that the information on which it based its decision was reliable and persuasive.
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5,622.
Lum v. Canada (Attorney General) - 2020 FC 797 - 2020-07-28
Federal Court Decisionsi. Content of the duty of fairness [28] The starting point for this analysis is to determine the content of the duty of procedural fairness that was owed to Mr. Lum. [...] The statutory scheme also afforded the Minister a great deal of discretion and entrusted the Minister with the duty of granting or refusing or revoking security clearances to individuals. [...] There was no breach of procedural fairness as it was a fair and open procedure.
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5,623.
Baig v. Canada (Citizenship and Immigration) - 2023 FC 1388 - 2023-10-19
Federal Court DecisionsIn 2014, the PPP negotiated a better deal with new suppliers that the Principal Applicant had found. [...] He claims that he was forced to sell the other three supermarkets at 40% below fair market value. [...] (2) The RAD addressed the Applicant’s procedural fairness arguments [27] Contrary to the Applicants’ submissions, I conclude that the RAD did meaningfully engage with their procedural fairness arguments.
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5,624.
Szép-Szögi v. Canada (Citizenship and Immigration) - 2023 FC 22 - 2023-01-04
Federal Court Decisions[...] When dealing with a judicial review, it is not a matter of requesting the disclosure of any document which could be relevant in the hopes of later establishing relevance. [...] It balances judicial finality and economy and other considerations of fairness to the parties. [...] B. Procedural Fairness [40] The Szep-Szogis’ complaint of a denial of procedural fairness is similarly without merit.
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5,625.
Joshi v. Canada (Attorney General) - 2022 FC 1581 - 2022-11-18
Federal Court DecisionsMe Joshi further submits that the Investigator and the Decision Maker breached procedural fairness, as she was not made fully aware of the case she had to meet and thus did not have a fair opportunity to respond to it. [...] • 5) Was the process procedurally fair? • 6) Is the Decision reasonable? [...] He noted the outcome of the workplace complaints but added that while the parties’ relationship was clearly both bad and toxic, he was not overly concerned about the future since the parties no longer have to deal with each other in the same workplace (at para 106).