11,318 result(s)
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5,676.
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.
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5,677.
Samaroo v. The Queen - 2016 TCC 290 - 2016-12-19
Tax Court of Canada Judgments[13] In exercising this residual discretion, courts must ensure that the discretion is exercised to deal with the unique and particular circumstances of the case before them. [...] [14] Specifically, fairness in this inquiry should be considered from two perspectives. [...] First, courts should consider the fairness of the prior proceeding. Second, courts should consider the fairness of using the results in the prior fair proceeding to bar determination of issues in the subsequent proceeding.
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5,678.
Thompson v. Canada - 2024 FC 1064 - 2024-07-08
Federal Court DecisionsThe decision deals with the criteria to apply to admit fresh evidence on appeal after the evidence was not presented or adduced during trial. [...] Those grievances raised serious concerns with the Committee about the CHRC’s decision-making processes when dealing with human rights complaints. [...] The information from the reports is not taken under oath, can be hearsay, there is no opportunity for cross-examination, and no due process or procedural fairness necessary.
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5,679.
Coderre v. Canada (Office of the Information Commissioner) - 2015 FC 776 - 2015-06-22
Federal Court DecisionsThe Commissioner’s investigation into the seven initial complaints having been completed, this portion of this application for judicial review is now moot, so there is nothing to be gained by hearing and dealing with it here (Nichol v Canada (Privacy Commissioner), 2001 FCT 412, at paras. 6-7). [...] (2) Au cours de l’enquête, les personnes suivantes doivent avoir la possibilité de présenter leurs observations au Commissaire à l’information, nul n’ayant toutefois le droit absolu d’être présent lorsqu’une autre personne présente des observations au Commissaire à l’information, ni d’en recevoir communication ou de faire [...] of an application for mandamus is still being processed and the file is progressing, as is the case here, there is no denying that one of the conditions for issuing a writ of mandamus has not been met since there has been no categorical refusal on the part of the administrative body to deal with the applicant’s request.
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5,680.
De Silva v. Canada (Citizenship and Immigration) - 2014 FC 790 - 2014-08-08
Federal Court DecisionsThe so-called “fairness letters” sent to the applicant on July 27, 2012 and August 27, 2012 allowed the applicant the opportunity to respond fully to the questions that were raised and were rather explicit. [...] [15] The applicant argues that the standard of review concerning her first issue is correctness as it deals with the proper interpretation of statutes and regulations. [...] Whatever the decision made by the province in selecting candidates, the federal process continues to apply in order to deal with the issue of admissibility of the chosen candidate.
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5,681.
Brazeau v. Canada (Attorney General) - 2012 FC 648 - 2012-05-28
Federal Court Decisions(d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or [...] The power to strike out claims that have no reasonable prospect of success is a valuable housekeeping measure essential to effective and fair litigation. [...] This might involve identifying job positions, an organizational branch, an office, or a building in which those dealing with the matter worked.
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5,682.
Chamberlain Group, Inc. v. Lynx Industries Inc. - 2010 FC 1287 - 2010-12-16
Federal Court Decisions[27] There has been some confusion in dealing with the onus on such an appeal, largely because the appeal, particularly with new evidence, very much resembles an application. [...] . . . As for section 6(5)(e) of the Act, I consider there to be a fairly high degree of resemblance between the marks of the parties in all respects. [...] [46] I use this case to illustrate the errors of law committed by the Member in dealing with the issue of confusion in the present circumstances:
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5,683.
Cudmore v. The Queen - 2010 TCC 318 - 2010-06-16
Tax Court of Canada JudgmentsAccordingly, I will not deal with the Appellant’s argument on this point although I see no compelling reason, in any event, in this case, to think the Motion should fail simply because it was brought after the close of pleadings. [...] [40] Before concluding these Reasons it is necessary that I deal with the issue of the Respondent still being able to raise fresh arguments in support of the assessment. [...] Indeed, the requirement of procedural fairness, in my view, goes to the heart of the “appropriateness” limitation on the use of subsection 152(9) as prescribed in paragraph 152(9)(b).[18] One cannot use an amendment to a pleading, obtained under the umbrella of that subsection, where its application would otherwise be
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5,684.
Corp. Steckmar/Steckmar Corp., Re - 2004 FC 581 - 2004-04-19
Federal Court Decisions[26] Alternatively, the garnishee submitted that the garnishment proceeding is not a proper forum for dealing with remedies arising from articles 1512 and 1627 C.C.Q. [...] [32] Nevertheless, the garnishee argued that article 1627 requires an action, and that here we are dealing with an application by summary proceeding. [...] [28] The respondent contended that the questions raised by the appellant could not be resolved in a fair and appropriate manner with the use of affidavit evidence, even if the affiants were cross-examined.
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5,685.
Wojdan v. Canada (Attorney General) - 2021 FC 1341 - 2021-12-02
Federal Court Decisions(i) a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment, or [...] (f) that I be treated fairly and in accordance with the Canadian Human Rights Act (“CHRA”) and, any and all other policies, rules, directives, laws, principles, practices or other documentation which apply; [...] The same conclusion was reached by Marrocco J. in Amalgamated Transit Union, Local 113 v. Toronto Transit Commission, 2017 ONSC 2078, at para. 79 (dealing with random drug and alcohol testing).
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5,686.
Weche v. Canada (Citizenship and Immigration) - 2021 FC 649 - 2021-06-23
Federal Court Decisions[6] In their written submissions, the applicants raised the issue of procedural fairness in that the RAD did not give them an opportunity to explain the anomalies identified in their file. [...] Did the RAD err in refusing to consider the best interests of Jamie-Lynn when dealing with the claim? [...] [9] When the RAD deals with claims for refugee protection under section 96 of the IRPA, it applies two standards.
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5,687.
Brooks v. The Queen - 2019 TCC 47 - 2019-02-28
Tax Court of Canada Judgments[11] The decision in Ronald Ereiser v The Queen, 2013 FCA 20, at paragraph 16, sets out the standard of review to be used in dealing with a motion to strike: [...] Conway now obligates tribunals to deal with Charter issues and by extension, this Court, as it is a specialized court. [...] It cannot deal, for example, with discretionary fairness relief or with provincial tax disputes.
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5,688.
Blank v. Canada (Environment) - 2015 FC 1251 - 2015-11-05
Federal Court DecisionsAll records of Daniel Woo dealing with Gateway Industries Ltd. and/or Sheldon Blank on the subject of: [...] This request will include emails and notes of conversations dealing with the above subjects. [...] It must be a record of Mr. Woo dealing with Gateway Industries Ltd or Mr. Blank on certain specified subjects.
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5,689.
St-Hilaire v. The Queen - 2014 TCC 336 - 2014-11-14
Tax Court of Canada Judgments(a) the appellant did not dispose of the debt owing to him to a person with whom he was dealing at arm’s length; and [...] (ii) to a person with whom the taxpayer was dealing at arm’s length of any property that is [...] (C) the fair market value of the share is nil, and (D) it is reasonable to expect that the corporation will be dissolved or wound up and will not commence to carry on business
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5,690.
Varga v. Canada (Citizenship and Immigration) - 2014 FC 1030 - 2014-10-30
Federal Court DecisionsThe last parliamentary elections in April 2010 were assessed as free and fair. [...] In any event, it is unclear how the Minorities Ombudsman, whose mandate is to deal with discrimination complaints, could provide state protection to the Applicants. [...] Because the RPD failed to deal with the evidence in this manner, I find that the RPD’s expectation of reporting placed on the Applicant constitutes a fact finding reviewable error.
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5,691.
Tulman v. The Queen - 2014 TCC 140 - 2014-05-09
Tax Court of Canada Judgments[24] In light of the above conclusion and although unnecessary, I will deal with the remaining points since a fair amount of evidence was directed to those points.[13] [...] [4] Dealfind.com (“Dealfind”) sold deal of the day coupons and became a division of MenuPalace. [...] PC Medics produced no name tablets, similar to Ipad, and had previously sold 3,000 tablets through a daily coupon deal.
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5,692.
Comtois International Export Inc. v. Livestock Express BV - 2013 FC 1239 - 2013-12-10
Federal Court Decisions[78] That said, in the context of legislation dealing with the rights and obligations of common carriers and which implements international rules, I am satisfied that this expression would not and should not be understood to include charter-parties. [...] Charter-parties are contracts between commercial entities dealing directly with each other, whose execution and enforcement are the private concern of the contracting parties. [...] 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?
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5,693.
Audet v. The Queen - 2012 TCC 162 - 2012-05-10
Tax Court of Canada Judgments(ii) to a person with whom the taxpayer was dealing at arm’s length of any property that is [...] (C) the fair market value of the share is nil, and, (D) it is reasonable to expect that the corporation will be dissolved or wound up and will not commence to carry on business, [...] The decision in Byram v. Canada, 1999 CanLII 7428 (FCA) deals specifically with its application.
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5,694.
Bichari v. Canada (Citizenship and Immigration) - 2010 FC 127 - 2010-02-08
Federal Court Decisions[14] As is customary when dealing with determinations of medical inadmissibility, the Bicharis were sent a fairness letter disclosing Mrs. Bichari’s inadmissibility and granting the applicants the opportunity to make submissions or provide documentary evidence. [...] [23] With regard to the two articles referred to by the Director, the applicants argue that (i) the 1994 article does not refer to the current situation in Algeria, and (ii) the other article does not specifically deal with the situation in Algeria and does not indicate whether immunosuppressant medicines are readily [...] [27] With these general principles in mind, I will first deal with the ancillary issue raised by the applicants with respect to the reliability and weight of the two articles mentioned in the impugned decision.
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5,695.
Salam Toronto Publications v. Salam Toronto Inc. - 2009 FC 24 - 2009-01-09
Federal Court Decisions[13] I will deal with each alleged use in turn. (a) Using the Mark in Domain Names and Generally on Websites [...] The Plaintiff testified that his newspaper deals only with current events and would not include such outdated articles. [...] [42] Subsection 6(4) of the Act deals with confusion. It provides that:
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5,696.
Gabriel v. Canada (Attorney General) - 2008 FC 1254 - 2008-11-10
Federal Court DecisionsIf the commanding officer is not able to act as the IA, the grievance is forwarded to the commander who is responsible to deal with the subject of the grievance. [...] He did not make a harassment complaint and hence did not activate the internal procedure for dealing with the alleged harassment. [...] [28] Finally, the CFGB noted that the appropriate authority to deal with the Applicant’s request for financial compensation was the Director of Claims and Civil Litigation.
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5,697.
Paul v. Canada (Citizenship and Immigration) - 2007 FC 398 - 2007-04-17
Federal Court Decisions· Every police station will have one police officer trained in domestic violence who will deal with the Unit; [...] [12] This Court has considered but rejected similar arguments, dealing with a PRRA officer’s conclusion on state protection and domestic violence: [...] 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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5,698.
Reece v. Canada - 2006 FC 688 - 2006-06-05
Federal Court DecisionsFirstly, I must decide if the disclosure of the Briefing Note described above can be fairly described as inadvertent and, secondly, whether an inadvertent disclosure can be cured or corrected by the ex post facto issuance of the section 39 Canada Evidence Act Certificate. [...] In that decision, the Court noted that it was not dealing with information which had been improperly or illegally disclosed but, rather, “information which could, and perhaps should, have been kept confidential” as between the parties to the litigation (see page 12). [...] [19] Because the Supreme Court of Canada in Babcock, above, did not deal with the problem of inadvertent disclosure of Cabinet confidences, the Pelletier decision, above, is binding authority on that point.
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5,699.
Ellingson v. Canada (Minister of National Revenue) - 2005 FC 1068 - 2005-08-04
Federal Court DecisionsIn the same that business audit deals with audits of legal businesses, the SEP Unit deals with audits of taxpayers where there is an indication they may have earned income from illegal activities. [...] 36. The Applicant fails to refer to the subsequent 2002 publication by the CCRA (Applicant's Application Record, pages 149-163) dealing specifically with the Special Enforcement Program, however. [...] 39. Section 20.4 (Applicant's Application Record, page 154) deals specifically with Special Enforcement Program Audits.
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5,700.
Sadeghi-Pari v. Canada (Minister of Citizenship and Immigration) - 2004 FC 282 - 2004-02-26
Federal Court Decisions[22] The documentary evidence that the Board relied on deals only with the question of homosexuality and lesbianism in Iran, and does not deal with broader cultural attitudes towards employed, single women living in the capital, Tehran. [...] a) faire des observations sur la fiabilité et l'utilisation du renseignement ou de l'opinion; [...] See for example, the decisions of Fosu v. Canada (Minister of Employment and Immigration) (1994), 90 F.T.R. 182, Husseini v. Canada (Minister of Citizenship and Immigration) (2002), 20 Imm. L.R. (3d) 92 (F.C.T.D.), dealing with the issue of claimants not being permitted to display their religious beliefs in public.