11,316 result(s)
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6,176.
University of Calgary v. The Queen - 2015 TCC 321 - 2015-12-11
Tax Court of Canada JudgmentsIn most instances, there will be more than one method that is fair and reasonable. [...] An agreed statement of facts should deal only with facts, not the law. [...] However, since I am dealing with the acquisition of the U of C Properties, the relevant subsection is 141.01(2).
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6,177.
Montecristo Jewellers Inc. v. Canada (Attorney General) - 2024 FC 309 - 2024-02-26
Federal Court DecisionsAs noted above, for a question of law or a breach of procedural fairness, no deference is owed. [...] (iii) establishing an agency that is responsible for ensuring compliance with Parts 1 and 1.1 and for dealing with reported and other information; [...] (a) respecting dealing in virtual currencies; a) régir le commerce de monnaie virtuelle;
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6,178.
Varco Canada Limited v. Pason Systems Corp. - 2013 FC 750 - 2013-08-12
Federal Court Decisions[188] Fairly and purposively read, Claim 14 makes clear that the selecting of the signal to control the drill string is done automatically. [...] [289] Paragraph s 28.2(1)(a) of the Patent Act deals with anticipation by prior disclosure to the public. [...] The prior use argument deals both with anticipation by disclosure and obviousness by disclosure.
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6,179.
Canadian Association of the Deaf v. Canada - 2006 FC 971 - 2006-08-11
Federal Court DecisionsIn contrast, the total number of visual and tactile interpretation services provided has remained fairly constant at between 2, 217 events in 1998-1999 and 2, 372 in 2003-2004 indicating an increase in services provided to deaf or hard of hearing public servants. [...] I will address the hearsay question here and deal with the standing question as an issue below. [...] [122] A remedy fashioned under section 24(1) must also be fair to the party against whom the order is made.
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6,180.
Federation of Canadian Municipalities v. AT & T Corp. - 2002 FCA 500 - 2002-12-17
Federal Court of Appeal DecisionsIt is fair to say that what originated as a simple dispute between a carrier and the city of Vancouver evolved into, but not to the extent claimed by the appellants, something of a policy-making hearing leading to the impugned decision. [...] The Companies believe that the mechanism they have codified in the model agreement is fair to all parties, provides certainty as to the specific terms thereby simplifying administration and provides an incentive to municipalities to conduct advance planning. [...] It does not deal with the question of entitlement apart from the question of method of calculation.
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6,181.
Grant v. The Queen - 2017 TCC 121 - 2017-06-22
Tax Court of Canada JudgmentsOn balance, I found that the Appellant was a credible witness who provided a full, fair and frank review of the facts. [...] In this instance, we are dealing with paragraph (c). It has two components: [...] [59] This effectively deals with the arguments raised by the Appellant.
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6,182.
Pfizer Canada Inc. v. Apotex Inc. - 2013 FC 1036 - 2013-10-11
Federal Court DecisionsThe Berger Affidavit was the main affidavit dealing with inutility. It contains fact evidence relating to three specific studies: CONDOR, GI REASONS and SUCCESS. [...] Complex, high-stakes intellectual property proceedings are governed by procedural rules aimed at fairness, full and timely disclosure, and efficiency. [...] The differences between counsel deals with how one categorizes those facts.
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6,183.
Mercury XII (Ship) v. MLT-3 (Belle Copper No. 3) - 2013 FCA 96 - 2013-04-10
Federal Court of Appeal DecisionsFairness requires no less: Rodaro v. Royal Bank of Canada (2002), 59 O.R. (3d) 74 (C.A.) at paras. 60-61. [...] Charter-parties are contracts between commercial entities dealing directly with each other, whose execution and enforcement are the private concern of the contracting parties. [...] Earlier in her reasons (at para. 55), she had stated that the Act had been adopted “to consolidate all Canadian legislation dealing with marine liability.”
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6,184.
Lozano Vasquez v. Canada (Citizenship and Immigration) - 2012 FC 1255 - 2012-10-29
Federal Court Decisions[40] The officer did not deal with any of this evidence in his decision. [...] [41] I am of the view that the officer’s decision was unreasonable as the officer failed to deal with the evidence submitted by the applicant. [...] They are not to be evaluated as a matter of procedural fairness and inadequacy of reasons does not constitute a discrete ground of review (see Newfoundland Nurses above, at paragraphs 1 and 14).
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6,185.
Legge v. The Queen - 2011 TCC 413 - 2011-09-06
Tax Court of Canada JudgmentsIt maintains a full-time office on the CNA-Q campus to deal with those sponsored students. [...] (b) a partnership in which interests that exceed in total value 10% of the fair market value of all interests in the partnership are owned by persons resident in Canada or corporations controlled by persons resident in Canada, or [...] They described in detail the close connection and dealings between the Qatar campus and the Qatar industry sector, particularly the oil and gas sector.
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6,186.
Estate of the late Donald Mills v. The Queen - 2010 TCC 443 - 2010-08-26
Tax Court of Canada Judgments4. At the time of the disposition, Mr. Mills was not dealing at arm’s length with 100935 Canada Inc. and, immediately after the disposition, 3748278 Canada Inc. was connected to 100935 Canada Inc. pursuant to subsections 84.1(1) and 186(4) of the Income Tax Act. [...] It is triggered when a taxpayer disposes of shares that it holds in one corporation to another corporation with which it does not deal at arm's length. [...] D is the fair market value, immediately after the disposition, of any consideration (other than the new shares) received by the taxpayer from the purchaser corporation for the subject shares,
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6,187.
Sweetgrass First Nation v. Canada (Attorney General) - 2010 FC 535 - 2010-05-14
Federal Court Decisions[8] The NEB decided to deal in writing with the applicants’ preliminary motion setting down a schedule for submissions with reply submissions to be served and filed by the applicants on September 16, 2009 and a decision to be released by the NEB shortly thereafter because the hearings would have started the day before. [...] After reviewing the matter and being concerned I had no jurisdiction to deal with the applicants motion to stay the NEB proceedings, I issued the following directive to the Registry: [...] He noted this decision also stood for the proposition the FCA, in judicial review under section 28 of the Act, had no jurisdiction to deal with interlocutory matters but was limited to reviewing final decisions or orders which was also said to be a section 22(1) NEB Act limitation.
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6,188.
De Seram v. Canada (Citizenship and Immigration) - 2007 FC 1123 - 2007-10-31
Federal Court DecisionsThe applicant submitted that the Board is obligated to conduct a fair overall assessment of the evidence before it. [...] [24] I wish to first deal with Issue 4. [25] Issue 4 Did the Board err in failing to consider the objective documentary evidence before it? [...] [31] Because of my finding on this issue, I need not deal with the other issues raised by the applicant.
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6,189.
Acosta Ramirez v. Canada (Citizenship and Immigration) - 2007 FC 721 - 2007-07-06
Federal Court Decisions7. Did the Board err in finding that the documentary evidence dealing with mistreatment does not include people in the applicant’s situation? [...] 3. Did the Board breach the principles of procedural fairness? Applicant’s Submissions [...] [32] I wish first to deal with Issue 2. [33] Issue 2 Did the Board err in its consideration of the evidence?
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6,190.
9129–9321 Quebec Inc v. The Queen - 2007 TCC 2 - 2007-01-30
Tax Court of Canada JudgmentsI shall deal with the appeal on the basis of the factual issue that was put to me: Did the appellant purchase 15,756 kilograms of fine cut tobacco between November 5, 2003 and May 28, 2004? [...] R. Bon. Étant donné qu’on a trouvé ou j’ai trouvé qu’il y avait eu des quantités de tabac haché qui avaient été achetées, c’est du tabac qui est prêt à être emballé ou qu’on pourrait faire des cigarettes avec, là, il est déjà ouvragé ce tabac-là. [...] We are not dealing with penalties here, but we are dealing with an allegation that the appellant participated in a fraudulent scheme.
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6,191.
Sumas Energy 2 Inc. v. Canada (National Energy Board) - 2005 FCA 377 - 2005-11-09
Federal Court of Appeal Decisions[17] The Board then explained that in CanStates, it was dealing with a different factual situation: [...] We do not propose to deal with them in the same detail. We did, however, review very closely the portions of the Board's decision criticized by SE2 and the related evidence presented on all sides. [...] On the contrary, a fair reading of the Board's reasons discloses that the Board carefully and thoughtfully weighed and balanced a large number of factors it considered relevant, many of which favoured SE2, and many of which did not.
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6,192.
Redlon Agencies Ltd. v. Norgren - 2005 FC 804 - 2005-06-03
Federal Court DecisionsBy letter dated August 28, 2002, the parties were advised that an adjudicator had been appointed under the Code to deal with the complaint, by the then Minister of Labour. [...] [13] The adjudicator therefore determined that the applicant's work was integral to the operations of Canada Post in Powell River and therefore she had jurisdiction to deal with the claim for unjust dismissal. [...] [14] After determining that she did have jurisdiction to deal with the complaint, the adjudicator found that the respondent had been unjustly dismissed, and stated the following:
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6,193.
Coffey v. Canada (Minister of Justice) - 2004 FC 1694 - 2004-12-03
Federal Court DecisionsIndeed, the Court of Appeal in Froom neither explicitly nor implicitly suggest that the Federal Court should always decline jurisdiction to deal with an application for judicial review of an authority to proceed, for this proposition is qualified: [...] In the view of the Court of Appeal an extradition judge, such as the judge dealing with this present matter in Manitoba, does not have the authority to conduct a judicial review of the authority to proceed. [...] [23] The position of the Applicant is fairly straightforward. The Applicant characterizes the question as not entirely one of surrender of the Applicant, but rather of the issuance of the authority to proceed.
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6,194.
Aykut v. Canada (Minister of Citizenship and Immigration) - 2004 FC 466 - 2004-03-26
Federal Court Decisions[4] Mr. Aykut submits that the Board rejected his claim under s. 97 without dealing with the documentary evidence concerning the treatment of similarly situated journalists and human rights activists such as Metin Goktepe and Akin Birdal. [...] [25] With respect to the Interim Report of the Special Rapporteur, the Board clearly states that the report is extensive and deals with the majority as well as, minority religious groups and that the portion it uses is only the one entitled "Legal Aspect of Freedom and Religion". [...] Having set aside part of the decision concerning Mr. Aykut's claim under s. 97, it is only fair that Mrs. Aykut's claim, based on that of her husband, be also reconsidered in that respect.
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6,195.
Richard v. The Queen - 2003-01-20
Tax Court of Canada JudgmentsWe are dealing with a young boy of normal intelligence whose simultaneous functions of integration and reasoning seem to us to be well preserved in both the verbal and the non‑verbal register. [...] 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. [...] I will repeat here only the observations that deal directly with the possible improvement of the condition and the child's prospects for the future.
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6,196.
Wright v. The Queen - 2002-12-05
Tax Court of Canada Judgments... If per chance the price for lumber to REPAP should go up we feel it would be fair to split any ups. [...] She then went on to deal with the application of paragraph 12(1)(g) of the Act. On appeal[9] Strayer J. stated the following:[10] [...] The sale was a one-time deal, although it took a few years simply due to the size of the Wrights' holdings.
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6,197.
Balisky v. Goodale - 2002 FCT 976 - 2002-09-13
Federal Court Decisions[18] Part V of the Act (sections 73 to 115) deals with the powers of pipeline companies. [...] (a) if an Arbitration Committee exists to deal with the matter referred to in the notice, forthwith serve the notice on that Committee; or [...] (b) if no Arbitration Committee exists to deal with the matter, forthwith appoint an Arbitration Committee and serve the notice on that Committee.
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6,198.
Pellikaan v. Canada - 2001 FCT 1415 - 2001-12-19
Federal Court Decisions[28] Dealing first with the allegation of bias, the affidavit material in this instance, alleging prejudice, is thin. [...] Would he think that it is more likely than not that Mr. Crowe, whether consciously or unconsciously, would not decide fairly". [...] [41] As Mr. Pellikaan was absent from the hearing room when I dismissed both the oral motion and the motion as filed, I did not deal with costs.
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6,199.
Compagnie Générale des Établissements Michelin - Michelin & Cie v. Continental General Tire Canada Inc. - 2000-10-20
Federal Court DecisionsThese deal with the rights to the use of the General Tire marks by others. [...] [39] In his affidavit, Robert Hiebel explains the dealings between Uniroyal, the Michelin group of companies and Canadian Tire which resulted in an arrangement being concluded where Canadian Tire uses certain X designations under licence from Michelin. [...] Consumers may well exercise more care in dealing with such marks than they would in dealing with marks more descriptive of the goods with which they are associated.
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6,200.
9255-2504 Québec Inc. v. Canada - 2022 FCA 43 - 2022-03-09
Federal Court of Appeal DecisionsThis risk was hardly conceivable since it is so inconsistent with Canadian notions of “fair dealing.” [...] There is an abundance of case law dealing with abusive zoning and the remedy for disguised expropriation. [...] It would be surprising if it were otherwise since article 952 deals with expropriation: