11,316 result(s)
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6,126.
Sellaththurai v. Canada (Citizenship and Immigration) - 2014 FC 104 - 2014-01-30
Federal Court Decisions[47] Whether the incompetence of counsel rendered the hearing unfair is an issue of procedural fairness. [...] [51] I wish to first deal with a portion of Issue 3. [52] Issue 3 Was the decision unreasonable? [...] [57] Because of my finding on this issue, I need not deal with the other issue.
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6,127.
Canada (National Revenue) v. Deschênes - 2013 FC 87 - 2013-01-29
Federal Court Decisions(c) a person with whom the person was not dealing at arm’s length, the following rules apply: [...] (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 that time of the consideration given for the property, and [...] Requirements to pay were sent to third parties (mainly tenants) as well as to the financial institutions that Serge and Réginald Deschênes deal with.
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6,128.
Alvarado De Alvarez v. Canada (Citizenship and Immigration) - 2011 FC 1287 - 2011-11-09
Federal Court Decisions[37] The Respondent submits that this case deals with findings of fact and, therefore, a great deal of deference is owed. [...] The Respondent does note that where there are issues concerning the fairness of the hearing, no deference is owed to the decision-maker in this regard, and it is up to this Court to form its own opinion as to the fairness of the hearing.
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6,129.
Jaballah (Re) - 2010 FC 870 - 2010-09-02
Federal Court Decisionsdemande du ministre ou de la personne visée par l’ordonnance s’il est convaincu qu’il est souhaitable de le faire en raison d’un changement [...] [14] Section 82.2 which deals with the circumstance where there are reasonable grounds to believe that a person named in a certificate has contravened or is about to contravene a condition of release is relevant to this discussion. [...] demande du ministre ou de la personne visée par l’ordonnance s’il est convaincu qu’il est souhaitable de le faire en raison d’un changement
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6,130.
Canada v. Cascades Inc. - 2009 FCA 135 - 2009-04-30
Federal Court of Appeal DecisionsThe adjusted cost base of the 33,025,966 PII shares held by Cascades was at that time $68,783,154, and their fair market value was $52,841,546. [...] According to the Oxford Compact Thesaurus, 2005, the word “apply” means “pertain”, “relate”, “concern”, “deal with”. [...] Therefore, it must be understood that the presumption in paragraph 40(3.5)(c) applies where subsections 40(3.3) and 40(3.4) “pertain to”, “relate to”, “concern”, or “deal with” the case described at paragraph 40(3.5)(c).
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6,131.
Gauthier v. National Bank of Canada - 2008 FC 79 - 2008-01-22
Federal Court DecisionsFollowing this review, the adjudicator finally concluded that the respondent had not acted in bad faith and that the amounts it admitted owing the applicant were fair and reasonable. [...] Often the intangible injuries caused by bad faith conduct or unfair dealing on dismissal will lead to difficulties in finding alternative employment, a tangible loss which the Court of Appeal rightly recognized as warranting an addition to the notice period. [...] He found that these calculations were fair and reasonable, unlike the applicant’s claim, which he considered to be [TRANSLATION] “exaggerated and completely disproportionate”.
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6,132.
Jaouadi v. Canada (Minister of Public Safety and Emergency Preparedness) - 2006 FC 1549 - 2006-12-22
Federal Court Decisions[22] I now deal with the purpose of the statute on the whole. The objectives of the Act are set out in subsection 3(2). [...] (e) to establish fair and efficient procedures that will maintain the integrity of the Canadian refugee protection system, while upholding Canada’s respect for the human rights and fundamental freedoms of all human beings; [...] The question deals with whether the PRRA erred in deciding that a hearing was not warranted in the circumstance and involves the application of the factors set out in section 167 of the Regulations to the facts of the case.
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6,133.
Lamarche v. Canada (Attorney General) - 2006 FC 776 - 2006-06-19
Federal Court Decisions- adherence to staffing values (transparency, access, fairness, competency, representativeness, non-partisanship) in staffing actions. [...] At the fact-finding meeting, the Applicant's counsel asserted that the investigator did not have the jurisdiction to deal with the matter because the Applicant was no longer a public service employee and because the investigator was an employee of the Commission, the investigator could be considered biased. [...] [28] As this issue was not raised by the Applicant at the January 2004 fact-finding meeting, the investigator did not deal with it in her investigation report.
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6,134.
Gauthier (Gisborn) v. The Queen - 2006 TCC 290 - 2006-05-24
Tax Court of Canada Judgments[2] There are a couple of preliminary issues to deal with before addressing the substance of the Motions to strike. [...] (a) may prejudice or delay the fair hearing of the action, (b) is scandalous, frivolous or vexatious, or [...] Justice Rip proceeded to rely on such principles in addressing whether the pleadings were so irrelevant and improper as to prejudice or delay the fair hearing of the appeal.
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6,135.
Hopmeyer v. The Queen - 2006 TCC 185 - 2006-03-30
Tax Court of Canada Judgments(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 [...] Its relations with the bank were strained, difficult, but that does not mean that a business was not being carried on, although the company had to deal with the close supervision of the bank. [...] [52] Here, we are dealing with a corporation that had been carrying on business for a number of years.
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6,136.
Malekzai v. Canada (Minister of Citizenship and Immigration) - 2004 FC 1099 - 2004-08-10
Federal Court DecisionsContrary to the applicant's argument, the respondent submits that no duty of fairness was breached by applying the updated IP-5 Guidelines and not the ones in effect under the former legislation. [...] [56] I will now deal with Issue 3 which is: Did the H & C Officer err by failing to properly assess the best interests of the applicant's child? [...] [66] Based on my view of this issue, I need not deal with the remaining issues raised by the applicant.
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6,137.
Canada (Citizenship and Immigration) v. Charkaoui - 2004 FC 900 - 2004-06-23
Federal Court DecisionsBefore relying on his constitutional right to be represented by counsel in order to ensure that he has a fair trial, an accused who is eligible for legal aid must exhaust the resources set out in the LAA. To this end, he must seek the services of a full-time legal aid lawyer when he cannot retain the services of a lawyer in [...] In my opinion, we are not dealing here with an absolute and general constitutional right, but with a limited right the purpose of which is to ensure a fair trial and which must be analysed in terms of the unique features of the case. [...] However, so as to fully satisfy the parties' expectations, I intend to deal briefly wih the other conditions, while remarking that if ever the legal aid program does not allow Mr. Charkaoui to obtain the services of a full-time legal lawyer or a lawyer in private practice who accepts the scale, at such a time the matter may
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6,138.
Klassen v. Canada - 2004 FC 193 - 2004-02-06
Federal Court DecisionsThis undeniably is the way virtually everyone dealing with the Crown sees it. [...] As such, the two years' salary benefit was evidently considered at the time as fair and reasonable compensation. [...] During this period, unless a reduction is granted, the former appointee is not permitted to accept an appointment to a board of directors or employment with an entity with which he had direct or significant official dealings during the year preceding the end of his mandate.
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6,139.
Martin v. The Queen - 2003 TCC 414 - 2003-06-23
Tax Court of Canada Judgments[4] I will first of all deal with the limitations issue. [5] The corporation is governed by the Canada Business Corporations Act R.S.C. (1985), c. C‑44. [...] Since the corporation is no longer able to carry out the activities for which it was formed, counsel for the Appellant maintains that it would be fair and equitable that it be dissolved and that it would have been had it not been for the lawsuit against the accounting firm from which the ministère du Revenu du Québec (the [...] [12] Moreover, subsection 108 deals with the end of the term: 108. (1) [Ceasing to hold office] A director of a corporation ceases to hold office when the director
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6,140.
Treaty Seven Grand Chief Chris Shade v. Canada (Attorney General) - 2003 FCT 327 - 2003-03-20
Federal Court Decisions(d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or [...] [26] In the Canada Assistance Plan decision, Justice Sopinka, for the Court, and under the heading "Legitimate Expectations", considered three (3) earlier decisions dealing with that doctrine. [...] While the statement deals with contractual obligations, it would apply, a fortiori to restraint imposed by other conduct which raises a legitimate expectation.
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6,141.
Ross v. Canada - 2002 FCT 401 - 2002-04-10
Federal Court Decisions[13] Thereafter, the following provisions of the Act deal with collection proceedings both in Court and through the Minister's statutory authority. [...] 224. (1) S'il sait ou soupçonne qu'une personne est ou sera, dans les douze mois, tenue de faire un paiement à une autre personne qui, elle-même, est tenue de faire un paiement en vertu de la présente loi (appelée "débiteur fiscal" au présent paragraphe et aux paragraphes (1.1) et (3)), le ministre peut exiger par écrit de [...] [27] The above analysis deals with the Minister's right to take proceedings on the certificate pursuant to section 223 of the Act. Given the determination of the Federal Court of Appeal in Markevich, supra, that the limitation period also applies to the statutory collection proceedings, I have considered whether the
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6,142.
Pearson v. Canada - 2001 FCT 692 - 2001-06-21
Federal Court DecisionsI don't see how this Court could possibly deal with anything until the Quebec situation is finally completed one way or another. [...] was deprived of a fair trial before the Quebec Superior Court, contrary to section 11(d) of the Canadian Charter of Rights and Freedoms, by the defendant's failure to disclose material documents and by the suppression of search documents that were material and necessary to a fair trial on the issue of guilt or innocence. [...] In my view, it would be inappropriate to deal with the Plaintiff's motion until disposition of the Defendant's "appeal" of the decision of the Prothonotary Giles.
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6,143.
Canada (Minister of Citizenship and Immigration) c. Adam - 2001-01-11
Federal Court of Appeal DecisionsWhile consideration of a person being a danger to the public in Canada might also be included (although there are other provisions dealing specifically with such matters), surely complicity in the acts of the offending government is the most obvious consideration. [...] [11] The Motions Judge then proceeded to deal with the application as if the Board had concluded that the phrase "except persons who have satisfied the Minister that their admission would not be detrimental to the national interest" in paragraph 19(1)(l) of the Act did create a rebuttable presumption. [...] Such an interpretation would be inconsistent with the fairness provisions of the Canadian Charter of Rights and Freedoms (the "Charter") and contrary to the stated purpose and objectives of the Act. It is my view that an interpretation which allows all persons whose sponsorship applications have been refused under paragraph
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6,144.
Rajadurai v. Canada (Minister of Citizenship and Immigration) - 2000-12-20
Federal Court of Appeal Decisions... d) soit ne se conforment pas aux conditions prévues à la présente loi et à ses règlements ou aux mesures ou instructions qui en procèdent, soit ne peuvent le faire. [...] In this regard, I see no relevant distinction between a medical opinion dealing directly with a question of inadmissibility under paragraph 19(1)(a), and a ministerial determination that waives the normal selection criteria and thus the inadmissibility provision in paragraph 19(2)(d). [...] Certainly no such inconsistency has been identified in the cases dealing with medical inadmissibility.
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6,145.
Oloroso v. Canada (Minister of Citizenship and Immigration) - 2000-11-10
Federal Court Decisions70.(2) Sous réserve des paragraphes (3) à (5), peuvent faire appel devant la section d'appel d'une mesure de renvoi ou de renvoi conditionnel_: [...] It is, of course, still necessary to deal with dicta of the Federal Court of Appeal on the issue of visa validity which is binding on me. [...] Thus there is no need to imply from the language of the Act a concept of visa invalidation through change of circumstance because the second stage process is designed to deal with that problem.
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6,146.
Majdan v. Canada (Attorney General) - 2000-10-26
Federal Court Decisionsà un concours interne, tout candidat non reçu peut, dans le délai fixé par règlement de la Commission, en appeler de la nomination devant un comité chargé par elle de faire une enquête, au cours de laquelle l'appelant et l'administrateur général en cause, ou leurs représentants, ont l'occasion de se faire entendre. [...] She alleges before this Court that the Appeal Board neglected to deal with this issue. [...] [74] The respondent submits that the Appeal Board did not deal with this issue because it was withdrawn during the hearing by the applicant's representative.
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6,147.
Wellgate International Inc. v. Canada (Minister of National Revenue) - 2000-06-19
Federal Court DecisionsThere is no doubt that in this particular case the Court was dealing with a federal tribunal over which the Federal Court of Canada had some supervisory jurisdiction. [...] [36] In any event, even if I am wrong with respect to the jurisdictional question, a resolution of the issues involved here can not be fairly or adequately achieved on the basis of affidavit evidence alone, by this or any other Court. [...] The relevant sections of the Income Tax Act and the Federal Court Rules were never intended to deal with complex and intricate disputes of this nature nor are they procedurally designed to allow for the type of inquiry which needs to be undertaken.
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6,148.
Norwood v. The Queen - 2000-03-27
Tax Court of Canada JudgmentsThis is not dealing in good faith. It strengthens the conclusion that the notes were obtained surreptitiously and without colour of right. [...] In particular, its use to sustain the penalties assessed would I believe, diminish the public perception of fairness and "bring the administration of justice into disrepute".[23] [...] Its use would diminish the public perception of fairness although I find that the Appellant is not entitled to the additional relief that the entire reassessments be vacated.
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6,149.
Joss v. Canada (Attorney General) - 1999-11-19
Federal Court DecisionsJoss and Barlow had had previous dealings with each other and these had not always been amicable. [...] [37] Those decisions deal with situations in which there was absolutely no doubt that the error that occurred could not have affected the decision that was eventually made. [...] Some aspects of the record, however, raise questions that I think, in fairness, should be articulated.
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6,150.
Garasova v. Canada (Minister of Citizenship and Immigration) - 1999-11-02
Federal Court DecisionsIt also raises issues of reasonable apprehension of bias, the provision of written reasons as part of a duty of fairness, and the role of children's interests in reviewing decisions made pursuant to s. 114(2)". [...] In the case at hand, no issues arise as they did in Baker, supra, as to procedural fairness, reasonable apprehension of bias and the provisions of written reasons. [...] [31] L'Heureux-Dubé J. continued her analysis dealing with the question whether the immigration officer's refusal to grant Mavis Baker's humanitarian and compassionate exemption was reasonable.