11,317 result(s)
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5,651.
Canadian Council for Refugees v. Canada (Immigration, Refugees and Citizenship) - 2019 FC 418 - 2019-04-05
Federal Court DecisionsTherefore, the Respondents argue that this proposed intervention would be dealing with a hypothetical concern. [...] [39] Fairness to the Respondent is also a consideration and I note of the comments of the Federal Court of Appeal in Gitxaala Nation v Canada, 2015 FCA 73 at paragraph 23: [...] [40] Considering the three public standing parties will address the same issues sought to be addressed by the interveners, fairness is a factor weighing against the Motions.
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5,652.
Teva Canada Limited v. Gilead Sciences Inc. - 2016 FCA 176 - 2016-06-10
Federal Court of Appeal DecisionsYet, in many such cases, a holistic and fair review of their reasons against the record confirms they brought to bear all correct principles in their decision. [...] Construing the reasons in a holistic and fair way, the Federal Court did not alter the “reasonable prospect of success” ground. [...] [51] It is unnecessary to deal with these submissions except to note that these would provide additional bases for upholding the orders the Federal Court made.
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5,653.
Gao v. Canada (Citizenship and Immigration) - 2015 FC 1139 - 2015-10-06
Federal Court DecisionsWith respect to the procedural fairness issue, the Applicant submits that the applicable standard of review is correctness. [...] [15] Amselem, above, deals with freedom of religion and the subjectivity of religious beliefs. [...] [28] Turning to the Applicant’s submissions on procedural fairness, I cannot conclude this argument to have merit.
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5,654.
Cao v. Canada (Citizenship and Immigration) - 2010 FC 450 - 2010-04-26
Federal Court Decisions[12] As to the absence of any mention of Everwin in her permanent residence application, the Applicant explains this omission as follows: “I might not mention much about my part time job as a lawyer with “Everwin” because I don’t have to deal with them at all and I never have to report duty to them, that sometimes makes me [...] a) directement ou indirectement, faire une présentation erronée sur un fait important quant à un objet pertinent, ou une réticence sur ce fait, ce qui entraîne ou risque d’entraîner une erreur dans l’application de la présente loi; [...] [34] Finally, the Applicant argues that the misrepresentation or withholding was subsequently cured when she provided the information after she received the fairness letter.
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5,655.
Juste v. Canada (Citizenship and Immigration) - 2008 FC 670 - 2007-05-27
Federal Court Decisions[27] In those paragraphs, the applicant is alleging that the panel infringed on his right to a fair hearing by an impartial tribunal. [...] [29] I will deal with these two arguments below. [30] I cannot characterize the panel’s failure to address the arguments in paragraphs 16 to 34 of the applicant’s application to reopen as a breach of natural justice. [...] (2) Il est interdit d’avoir en sa possession, en vue d’en faire le trafic, toute substance inscrite aux annexes I, II, III ou IV.
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5,656.
International Assn. of Immigration Practitioners v. Canada - 2004 FC 630 - 2004-04-28
Federal Court DecisionsThe challenges advanced by the plaintiffs deal with matters of public importance. [...] It is doubtful that the court can fairly determine the motion on its merits without the benefit of a full factual record. [...] [32] At the end of the day, it is a question of what is fair and what will assist in the determination of the factual or legal issues related to the proceeding.
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5,657.
Khiarra v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 308 - 2002-03-22
Federal Court DecisionsHe listed his responsibilities, including: dealing with contracts, checking Arabic forms, checking company policy, arranging employment contracts, salaries and benefits, and release clauses, and accepting resignations. [...] The reasonableness of those determinations, and concern about an alleged breach of procedural fairness, are issues raised by the applicant in this application. [...] Did the visa officer commit a breach of procedural fairness? [26] The applicant submits that the visa officer committed a breach of procedural fairness by failing to inform him of, and provide him with an opportunity to respond to, her concerns about the authenticity of his reference letter from Mr. Parslow, and of his
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5,658.
Hagwilget Village v. Canada - 1996-06-24
Federal Court DecisionsThe principles in Allen v. McAlpine and Birkeu v. James are now well understood and I have not been persuaded that a case has been made out to abandon the need to show that the post writ delay will either make a fair trial impossible or prejudice the defendant. [...] In this instance, the Plaintiffs, by their action together with their u s pendens lodged against title, are not only preventing the Church from dealing with and maintaining the hall, but are also forcing the Church to spend money on heating the hall, [...] That the Church's hall has been tied up in this litigation for many years may be unfortunate, however, I do not take that as prejudicial in the sense of preventing a fair trial.
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5,659.
Milano Pizza Ltd. v. 6034799 Canada Inc. - 2018 FC 1112 - 2018-11-06
Federal Court Decisions[36] As noted above, to be “fair and just”, the record before the motions judge must permit the judge to find the facts necessary to resolve the dispute: Hryniak, above at para. 28. [...] [40] Judges dealing with motions for summary judgment must, moreover, proceed with care, as the effect of the granting of summary judgment will be to preclude a party from presenting any evidence at trial with respect to the issue in dispute. [...] c) faire passer d’autres produits ou services pour ceux qui sont commandés ou demandés;
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5,660.
Teva Canada Limited v. Janssen Inc. - 2018 FCA 33 - 2018-05-30
Federal Court of Appeal DecisionsThe Federal Court restrained Teva from selling and otherwise dealing with products containing levofloxacin in Canada. [...] On a fair reading of its reasons, the Federal Court did not proceed on the basis that what was required was “rough justice”. [...] [133] I will deal first with the last two points: the arguments about hearsay and an unfounded inference.
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5,661.
Sagkeeng First Nation v. Canada (Attorney General) - 2015 FC 1113 - 2015-09-24
Federal Court DecisionsWould he think that it is more likely than not that Mr. Crowe, whether consciously or unconsciously, would not decide fairly". [...] It then assessed the provisions of the assessment of the by-laws dealing with the power of the appeal tribunals and the appointment and recommendation of its members. [...] As that process is not defined, I would point out that the DG is required to be impartial, unbiased and to fully and fairly consider all of the submissions before him or her.
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5,662.
Liao v. Canada (Citizenship and Immigration) - 2010 FC 2 - 2010-01-04
Federal Court DecisionsThe principal and female claimant’s case is neither political nor high-profile and the panel concludes that given the principal claimant has already had a fair trial in Taiwan, that he and the female claimant would obtain another fair trial. [...] This procedural fairness element is reviewed as a question of law. No deference is due. [...] [30] I will first deal with two of the four evidentiary matters the Applicants raise.
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5,663.
Bhatti v. Canada (Citizenship and Immigration) - 2017 FC 186 - 2017-02-14
Federal Court DecisionsThe Applicant’s emphasis at the application hearing before me was different from her written submissions so that I will deal with both. [...] [41] The procedural fairness letter to the Applicant read as follows: [...] [51] I can find no procedural fairness error in the Decision. C. Reasonableness
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5,664.
Toutsaint v. Canada (Attorney General) - 2019 FC 817 - 2019-06-14
Federal Court Decisions[50] CCRA sections 36 and 37 deal with the rights of inmates who are placed in administrative segregation: [...] Given the lack of a challenge on that ground, the Court can deal with it without extensive reasons. [...] He says that he is in need of trauma therapy in an environment where health care staff are available at all times and are trained to deal with serious mental illnesses and risks of suicide.
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5,665.
Canada v. Rio Tinto Alcan Inc. - 2018 FCA 124 - 2018-06-25
Federal Court of Appeal DecisionsMorgan Stanley issued a fairness opinion on the spin-off and on November 23, 2004, recommended the spin-off as the best divestiture option. [...] [14] Lazard Frères provided independent advice and fairness opinions with respect to the same issues as those analyzed by Morgan Stanley. [...] I shall deal with these only to the extent that they are issues in this appeal.
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5,666.
Blank v. Canada (Justice) - 2015 FC 956 - 2015-08-07
Federal Court DecisionsAll records dealing with the continuation of the prosecution by indictment and all records dealing with the eventual decision to stay the proceedings [...] 4. (1) Sous réserve des autres dispositions de la présente loi mais nonobstant toute autre loi fédérale, ont droit à l’accès aux documents relevant d’une institution fédérale et peuvent se les faire communiquer sur demande : [...] This is why, in his disclosure request, he asked for documents “dealing with the continuation of the prosecution by indictment” and “dealing with the eventual decision to stay the proceedings.” In other words, Mr. Blank assumes that he is entitled to receive documentation that is inevitably protected by solicitor-client
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5,667.
Canadian Broadcasting Corporation v. Sodrac 2003 Inc. - 2014 FCA 84 - 2014-03-31
Federal Court of Appeal Decisions[6] These reasons deal with all three applications; a copy of them will be placed on each file. [...] [71] Before dealing with the specifics of the operation of the discount formula, it may be useful to review the context. [...] Nouvelle disposition dont je suis maintenant autorisé à vous faire part.
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5,668.
Williston v. Canada (Minister of Indian Affairs and Northern Development) - 2005 FC 829 - 2005-06-10
Federal Court DecisionsHe says that he was not confident that the band would ask for fair market rent. [...] such fair, large and liberal construction as best ensures the attainment of its [...] Nowhere is this more important than in statutes dealing with the rights
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5,669.
International Air Transport Association v. Canadian Transportation Agency - 2022 FCA 211 - 2022-12-06
Federal Court of Appeal DecisionsI will say more on that decision when dealing with the merits of the parties’ arguments. [...] Section III (paragraphs 23-46) purports to deal with the consistency of US law with the Montreal Convention. [...] By and large, however, I think it is fair to say that the jurisprudence has moved towards the exclusion of such evidence.
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5,670.
Yellow Point Lodge Ltd. v. The Queen - 2019 TCC 178 - 2019-08-28
Tax Court of Canada JudgmentsIt is also my view that the position proffered by the Appellant in this case, if adopted by this Court, would create a great deal of uncertainty with respect to the application of paragraph 110.1(1)(d) and therefore potentially frustrate the purposes and policies intended by Parliament in enacting paragraph 110.1(1)(d) of [...] (i) the fair market value otherwise determined of the gift, and (ii) the amount by which the fair market value of the land is reduced as a result of the making of the gift. [...] (i) the fair market value otherwise determined of the gift, and (ii) the amount by which the fair market value of the land is reduced as a result of the making of the gift.
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5,671.
Bhagria v. Canada (Citizenship and Immigration) - 2012 FC 1015 - 2012-08-27
Federal Court Decisions2. What is required by the duty of fairness in this case? 3. Did the Canadian High Commission breach its duty of fairness to the applicants? [...] [23] Having found that a high level of fairness is required in cases such as this, the applicants submit that the required level of fairness was not met in this case. [...] [65] Because of my finding with respect to procedural fairness, I need not deal with the remaining issue.
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5,672.
Faullem v. Canada (Attorney General) - 2022 FCA 29 - 2022-02-15
Federal Court of Appeal DecisionsIt is clear that he has put a good deal of time and effort into presenting his case. [...] There is no situation before this Court that could remotely constitute a breach of procedural fairness or of the principles of natural justice pursuant to subsection 58(1) of the DESDA. [...] However, as I mentioned above, I will deal with the issue of the repayment made to the CRA under issue 4.
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5,673.
CC Havanos Corp. Ltd. (Re) - 2002 FCT 941 - 2002-09-06
Federal Court DecisionsFinally, section 117(1), a provision dealing with the final automatic forfeiture of the unclaimed property, is categorical that its area of application extends to "All vehicles, vessels, goods and other things seized as forfeited under this Act or any other Act relating to excise...". [...] [...] Had I any authority under the Act to exercise any discretion in dealing with the established facts I would unhesitatingly have granted relief to the claimant and directed that his car be returned to him. [...] Were I dealing with an application under section 164 of the Excise Act I would have no hesitation in ordering that the claimant's interest be not affected by the seizure.
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5,674.
Cardinal v. Prince - 2009 FCA 40 - 2009-02-10
Federal Court of Appeal Decisions[4] In light of our conclusions on these issues, it is not necessary to deal with the issue of procedural fairness.
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5,675.
Khosravi-Tabrizi v. Canada (Minister of Citizenship and Immigration) - 2005 FC 226 - 2005-02-10
Federal Court Decisions[3] It is obvious that, from the moment that the translation was known to be unreliable, a duty arose to rectify the problem exposed so as to be sure that the results of the hearing would be fair. [...] I place no onus on the Applicant in the present case; in my opinion, total responsibility to deal with the translation problem was on the RPD. I find that this responsibility was not met.