11,315 result(s)
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6,251.
Novak v. Canada (Minister of Citizenship and Immigration) - 2004 FC 243 - 2004-02-17
Federal Court DecisionsA failure to state proper reasons for the rejection of a visa application is a violation of procedural fairness, and a ground for review under s. 18.1(4)(b) of the Federal Court Act, R.S.C. 1985 c. F-7. [...] [21] It appears from the record that the purpose of the interview with Ms. Bland was likely to deal with the Section 27 report. [...] [30] To conclude, section 182 of The Immigration and Refugee Protection Regulations deals expressly with applications for the restoration of student authorizations where such applications are brought within 90 days of the expiry of the student's previous authorization.
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6,252.
Almecon Industries Ltd. v. Anchortek Ltd. - 2004 FC 172 - 2004-02-02
Federal Court DecisionsThey also argue that the procedure set out in Rules 377 and 378 of the Federal Court Rules, 1998, dealing with the preservation of property, does not apply to the circumstances of this case. [...] [7] The allegations made by Almecon against the Respondents are fairly serious. [...] Section 71(2) Vesting of Property in Trustee - On a receiving order being made or an assignment being filed with an official receiver, a bankrupt cease to have any capacity to dispose of or otherwise deal wit his property, which shall, subject to this Act and to the rights of secured creditors, forthwith pass to and vest in
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6,253.
Servais v. The Queen - 2003 FCA 329 - 2003-09-05
Federal Court of Appeal Decisionsstatus as employee, not his status as shareholder, and second, that no taxable benefit can arise under subsection 15(1) of theIncome Tax Act in relation to the use of a motor vehicle that is excluded from the definition of "automobile" in subsection 248(1) of the Income Tax Act. I will deal with the second argument first. [...] While the subsection does not say so explicitly, it is fair to infer that Parliament intended, by section 8, to sweep in payments, distributions, benefits and advantages that flow from a corporation to a shareholder by some route other than the dividend route and that might be expected to reach the shareholder by the more
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6,254.
Sanclemente v. The Queen - 2003 TCC 450 - 2003-06-26
Tax Court of Canada Judgments[7] There have been many cases dealing with the issue of employee v. contractor and the jurisprudence has developed four tests referred to as (1) control; (2) ownership of tools; (3) chance of profit; and (4) risk of loss. [...] Thus, the "tools" owned by the Appellant were fairly substantial. [10] Moreover, the written contracts entered into between Kelsey and the Appellant clearly contemplate a contract for services. [...] [11] With respect to chance of profit, the Appellant appears to have aroused the auditor and any other persons dealing with his reassessment in stating in his Notice of Appeal as follows "My opportunity for profits, was nil, there were never any bonuses or gifts etc".
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6,255.
Sosiak v. Canada (Attorney General) - 2003 FCA 205 - 2003-05-05
Federal Court of Appeal DecisionsBefore dealing with those motions, some preliminary comments are in order. [...] For example, an applicant who alleges that the decision maker failed to conduct a fair hearing may submit an affidavit setting out the factual basis of that allegation. [...] [18] I will now deal with the applicant's motions. Motion for an order pursuant to Rule 311(1) to have the Administrator prepare the respondent's record.
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6,256.
Canada (Minister of Citizenship and Immigration) v. Simakov - 2003 FCT 173 - 2003-02-14
Federal Court DecisionsHe denies ever having met these women or having had any dealings with them. [...] 2. The Citizenship Judge erred in fact and law by ignoring and failing to deal with significant inconsistencies in the Respondent's Material. [...] Justice and fairness, both for the citizenship applicants and the Minister, require some continuity with respect to the standard of review while the current Act is still in force and despite the end of the de novo trials.
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6,257.
Rendell v. Canada (Attorney General) - 2001 FCT 710 - 2001-06-27
Federal Court DecisionsThe number one issue for me as the steward of meeting public and organizational expectations in a fair way is to simply ask whether citizens would expect their police officers to remain police officers after being convicted criminally of assault. [...] We would be remiss if there was any impression left that we deal with it internally in any way but with the utmost severity. [...] I agree that rehabilitation is one of the hallmarks of our discipline process in dealing with Code of Conduct issues, but deterrence and a very strong commitment towards the elimination of domestic violence must also be a major consideration in determining an appropriate sanction.
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6,258.
Xu v. Canada (Minister of Citizenship and Immigration) - 2000-12-15
Federal Court DecisionsUn agent des visas, qui évalue une demande de résidence permanente présentée en vertu de l'article 10 du Règlement sur l'immigration de 1978, outrepasse-t-il ses compétences s'il détermine que le demandeur doit lui démontrer que son parent aidé s'est établi au Canada pour faire partie de cette catégorie d'immigrant? [...] [35] In the case of Kirk Meagell Grandison v. M.C.I., A-332-00, August 25, 2000, F.C.A., Mr. Justice Strayer, speaking for the Court, when dealing with the issue as to when a question should be certified, states at page 3: [...] The obvious intent was to allow this Court to deal with, but only with, such issues as required to give the Trial Division general guidance where otherwise there might be inconsistencies between the judges of the Trial Division on a "serious question of general importance".
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6,259.
Hodgson v. Ermineskin Indian Band No. 942 - 2000-03-13
Federal Court Decisions10. That the Defendant, Ermineskin Indian Band #942 and the Defendant, Ermineskin Band Council have publicly stated that those sections of the Indian Act which deal with membership in the Band are unconstitutional and that the control of membership in a Band is an aboriginal right held by the individual Bands that cannot be [...] The Plaintiffs say that despite many requests all of the Defendants, including the Ermineskin Band, have refused to deal with the question of the Plaintiffs' membership in the Band as provided for by the membership rules and code (paragraph 13 of the Statement of Claim). [...] (4) La Section de première instance a compétence concurrente, en première instance, dans les procédures visant à régler les différends mettant en cause la Couronne à propos d'une obligation réelle ou éventuelle pouvant faire l'objet de demandes contradictoires.
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6,260.
Z.I. Pompey Industrie v. Ecu-Line (The) - 1999-12-21
Federal Court Decisionswould 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. [...] [29] The Prothonotary addressed the argument expressed by the Defendant that he should not deal with the question of fundamental breach or deviation: [...] ECU-Line submits I ought not to deal with fundamental breach or deviation, for those are factual issues to be determined on the merits by the trial judge.
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6,261.
Rajadurai v. Canada (Minister of Citizenship and Immigration) - 1999-03-30
Federal Court Decisions[11] Some of these clearly deal with proceedings that are separate from a section 9 application. [...] Sajjan deals with an Immigration Appeal Division decision on an appeal of a visa officer's decision that had been made under subsection 77(1). [...] Loi sur la Cour fédérale ne peut, pour ce qui est des décisions ou ordonnances rendues, des mesures prises ou de toute question soulevée dans le cadre de la présente loi ou de ses textes d'application " règlements ou règles " se faire qu'avec l'autorisation d'un juge de la Section de première instance de la Cour fédérale.
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6,262.
Badurdeen v. Canada (Minister of Citizenship and Immigration) - 1999-03-17
Federal Court DecisionsHe alleged that, since two members constituted a quorum, it was a breach of that aspect of the duty of fairness that requires those who hear to decide for one member to have absented himself while the reasons and decision were orally delivered by the other. [...] However, I do not think that it is necessary to reach this result, which is neither pragmatic nor functional, especially since this provision of the Act is the result of an amendment that was designed to deal with this very problem under the previous wording of the statute. [...] [24] Given the nature of the test of "undue hardship" articulated by the Federal Court of Appeal in Thironavukkarasu , I do not think that the Refugee Division committed a material error of law when it failed to deal explicitly with the personal factors that counsel argued made it unreasonable to expect the applicant to
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6,263.
Onex Corporation v. Canada (Attorney General) - 2024 FC 1247 - 2024-08-09
Federal Court Decisions(3) Le ministre peut en tout temps proroger le délai fixé pour faire une déclaration en vertu de la présente loi. [...] as a “Fairness Package,” to make “the tax system simpler, easier and fairer” by allowing “common sense in dealing with taxpayers who, because of personal misfortune or circumstances beyond their control, are unable to meet our deadlines or comply with our rules” (Canada, Minister of National Revenue, “Fairness Package,” [...] [117] In other words, different layers of “Fairness Provisions” exist in the “Fairness Package” under section 220.
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6,264.
Okemow v. Lucky Man Cree Nation - 2017 FC 46 - 2017-01-13
Federal Court DecisionsJustice Annis noted that Chief and Council did not deal with the issue, prior to it being raised as a ground of appeal to prevent the Applicant from taking office. [...] Issue 1: Was the Election Appeal Procedurally Fair? Applicant’s Position [...] [42] As stated by Justice Mosley in Testawich, “mere compliance with the Regulations does not guarantee fairness.
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6,265.
Bonhomme v. The Queen - 2016 TCC 152 - 2016-06-14
Tax Court of Canada Judgments[13] Despite the fact that he has a great deal of accounting experience, Mr. Bonhomme did not maintain books and records for 121. [...] [69] Since the auditor’s approach was to use the greater of cost and fair market value, in the absence of evidence of fair market value, it is appropriate for me to substitute the cost of the property into his calculations. [...] [8] The Appeal of Ms. Bonhomme's 2006 to 2009 tax years deals exclusively with those alleged Canadian exploration expenses.
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6,266.
DAC Investment Holdings Inc. v. The King - 2024 TCC 63 - 2024-05-09
Tax Court of Canada JudgmentsWhile the definition of a CCPC is one example of where the term is used, other examples include the provisions dealing with refundable Part IV tax[48] and the provisions dealing with capital dividends.[49] [...] [166] While current subsection 250(5.1) deals with both corporate emigration and immigration, former section 88.1 only dealt with corporate emigration. [...] [167] Further, under former section 88.1, a corporation was deemed to dispose of all of its assets at fair market value upon emigrating from Canada.
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6,267.
Novartis Pharmaceuticals Canada Inc. v. Teva Canada Limited - 2013 FC 283 - 2013-03-19
Federal Court DecisionsHe deals principally with utility in respect of the '895 and '937 patents. [...] Novartis’ experts were close to the subject but gave what I find to be fair and disinterested opinions. [...] Prior to those changes, a Court could invalidate a patent if a claim lacked a “fair basis” in the description.
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6,268.
Hernandez v. Canada (Citizenship and Immigration) - 2010 FC 953 - 2010-09-24
Federal Court Decisions[8] Similarly, the member’s finding that the applicant “...is fairly high functioning” and that he is able “to function and deal with others” is not unreasonable when assessed against the evidence of the applicant’s designated representative.
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6,269.
Chaudhry v. Canada - 2008 FCA 173 - 2008-05-05
Federal Court of Appeal DecisionsIn addition, Mr. Chaudhry seeks a fair, open and impartial inquiry to determine what he describes as the “real causes” behind the actions of the Prothonotary and the Federal Court Administrator that gave rise to Mr. Chaudhry's motion for contempt, as well as compensation for the additional sufferings that he alleges were [...] [3] Dealing first with the latter two remedies, it is sufficient to note that because neither of them was in issue before the motions judge, they are not properly before this Court.
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6,270.
Bank of Montreal v. Brown - 2007 FCA 23 - 2007-01-25
Federal Court of Appeal Decisions[2] The application for judicial review of the decision of the adjudicator was brought solely on grounds of procedural fairness. [...] [6] Dealing first with this last argument, the Bank must have known before the judicial review application was heard that waiver would be an issue and that the respondent Brown was challenging the affidavit evidence of the Bank employee insofar as it alleged his lack of knowledge of the conflict.
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6,271.
Carini v. The Queen - 2005 TCC 673 - 2005-10-28
Tax Court of Canada JudgmentsIt is a rather sad case, I may say, and I have a great deal of sympathy for the Appellant, who was very ably represented by his daughter. [...] One, giving some relief to the taxpayer under the fairness package, and two, working out with the taxpayer a reasonable period of time in which to pay the amount owing, which comes to about $10,000 right now.
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6,272.
Nautical Data International Inc. v. Canada (Minister of Fisheries and Oceans) - 2005 FC 407 - 2005-03-23
Federal Court DecisionsPut simply, the provisions of the BIA contemplating an automatic stay are intended to provide for the orderly and fair distribution of the property of a bankrupt among its creditors, not to protect an insolvent person from legal relief in matters unrelated to the assets subject to the bankruptcy protection. [...] the ATIA - providing evidence and attending for cross examination - would prejudice its ability to deal with the matters relating to its proposal under the BIA. If NDI cannot direct its resources towards restructuring the company, it will not remain a viable entity thus resulting in "extreme prejudice" in its opinion.
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6,273.
Qamar v. Canada (Minister of Citizenship and Immigration) - 2004 FC 1267 - 2004-09-16
Federal Court Decisions"There is no evidence before me that the deciding Member ignored or refused to consider the applicants' evidence at the show cause hearing or in any way denied the applicants a fair hearing. [...] [7] The mandate of a Board, in dealing with a motion to reopen, is to review the proceedings at the abandonment hearing and to determine if a breach of natural justice has occurred.
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6,274.
Quality Goods I.M.D. Inc. v. R.S.M. International Active Wear Inc. - 1999-11-05
Federal Court Decisions(c) Answer any proper follow-up questions dealing with points 1, 2 and 3(a) and (b) above. [...] [7] Sous cette rubrique, puisque la demanderesse entend y faire suite, il n'y a pas ici d'adjudication à rendre sauf quant au temps pour s'accomplir.
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6,275.
Zhou v. Canada (Minister of Citizenship and Immigration) - 1999-10-08
Federal Court DecisionsHowever, the visa officer does admit that the general topic of gender discrimination was part of the interview, but it arose in the context of asking the applicant how she would deal with obstacles to obtaining employment in Canada. [...] [11] I am satisfied on the evidence that the question was fairly put, and diligent effort was made by the visa officer to be sure that the applicant understood the meaning of the question.