11,315 result(s)
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6,376.
Gagné v. Canada (Attorney General) - 2002 FCT 711 - 2002-06-25
Federal Court Decisions40. All proceedings before the Board shall be dealt with as informally and expeditiously as the circumstances and considerations of fairness permit. [...] [20] There is no doubt that the VRAB is a specialized tribunal and that its decisions deserve a great deal of deference. [...] 12. 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.
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6,377.
Cie des Chemins de Fer Nationaux du Canada v. Saint-Pierre (City) - 2000-12-18
Federal Court of Appeal Decisions(4) L'Office détermine la quote-part de chacun à l'égard des frais de réalisation, d'exploitation et d'entretien en tenant compte de la subvention accordée, le cas échéant, au titre des articles 12 ou 13, des avantages respectifs que retirerait des installations la personne qui l'a saisi ou qui aurait pu le faire, et de [...] Section 101, by its own terms and irrespective of section 16, covers only agreements dealing with forthcoming work. [...] [22] Moreover, it is quite conceivable, and this case could be an illustration thereof, that over the years the costs of maintenance of a crossing so alter that a reapportionment is necessary in all fairness to the parties in question.
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6,378.
Abdelhar v. Canada (Minister of Citizenship and Immigration) - 1998-10-30
Federal Court DecisionsWe are dealing here with the powers of an administrative tribunal in relation to its procedures. [...] In the absence of specific rules laid down by statute or regulation, they control their own procedures subject to the proviso that they comply with the rules of fairness and, where they exercise judicial or quasi-judicial functions, the rules of natural justice. [...] [43] From a review of the record, it seems clear that in the circumstances the Refugee Division"s decision to declare an abandonment of the claim owing to the applicant"s default in the prosecution of his claims was not unreasonable, and was consistent with the rules of national justice and procedural fairness.
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6,379.
George v. Heiltsuk First Nation - 2023 FC 1705 - 2023-12-15
Federal Court DecisionsThe Council’s dealings with Mr. George’s subsequent employer are a private matter that is not properly subject to judicial review. [...] He argues that the Council denied him procedural fairness, by failing to give notice of the meetings at which the resolutions were adopted. [...] [80] Yet, there is nothing of a public character in the Council’s dealings with School District 49.
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6,380.
Canadian Broadcasting Corporation v. Canada (Information Commissioner) - 2011 FCA 326 - 2011-11-23
Federal Court of Appeal Decisions” at subsection 36(2) – which deals with the Commissioner’s investigative powers – and “This Act does not apply to . . . [...] b) de faire prêter serment; c) de recevoir des éléments de preuve ou des renseignements par déclaration verbale ou écrite sous serment ou par tout autre moyen qu’il estime indiqué, indépendamment de leur admissibilité devant les tribunaux; [...] f) d’examiner ou de se faire remettre des copies ou des extraits des livres ou autres documents contenant des éléments utiles à l’enquête et trouvés dans les locaux visés à l’alinéa d).
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6,381.
Kamsut, Inc. v. Jaymei Enterprises Inc. - 2009 FC 627 - 2009-06-10
Federal Court DecisionsRelying on the decision in Auld Phillips Ltd. v. Suzanne's Inc., [2005] F.C.J. No. 70 (Auld Phillips), Jaymei argues the Court does not have to deal with the issue of confusion. [...] 3. I believe that Jaymei’s KAMA SUTRA Chocolate Products are distinctive and that this is evident from the communications that I have with the customers that I deal with. [...] [64] In the circumstances of this case, I need not deal with the infringing use issue as a means of establishing non distinctiveness.
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6,382.
Brokenhead Ojibway First Nation v. Canada (Attorney General) - 2009 FC 484 - 2009-05-12
Federal Court DecisionsIt is not within the jurisdiction of the Board to deal with land claim matters. [...] That cannot be fairly said of the relationship between the Pipeline Projects and the Treaty One First Nations’ land claims in this case where no meaningful linkage is apparent on the evidence before me. [...] The Crown must then attempt to deal with the Mikisew "in good faith, and with the intention of substantially addressing" Mikisew concerns (Delgamuukw, at para. 168).
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6,383.
Boutique Jacob Inc. v. Pantainer Ltd. - 2006 FC 217 - 2006-02-20
Federal Court Decisions[17] In any event, I do not think that section 7.1.b) lends itself to any ambiguity on a fair and plain reading. [...] The fact remains that Pantainer, through Panalpina (China) Ltd., and Panalpina Inc., have a history of prior dealings, particularly with respect to cargo from the Far East. [...] [30] Given the circumstances, I agree with counsel for OOCL that Pantainer must be taken to have knowledge of its standard terms due to previous dealings, the course of dealing and the fact that nothing in the terms that OOCL relies on is unduly burdensome or unconscionable in the commercial context.
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6,384.
Canada (Minister of National Revenue) v. Cast Terminals Inc. - 2003 FCT 535 - 2003-04-30
Federal Court Decisions... c) dans le cas de combustible diesel devant servir à la production d'électricité, sauf lorsque l'électricité ainsi produite est principalement utilisée pour faire fonctionner un véhicule. [...] These appeals were heard together and deal with identical issues. The procedure on an appeal pursuant to sections 81.24 and 81.28 of the Excise Tax Act is in the nature of an action, that is to say a trial de novo. [...] I also rely upon s. 10 of the Interpretation Act, R.S.O. 1980, c. 219, which provides that every Act "shall be deemed to be remedial" and directs that every Act shall "receive such fair, large and liberal construction and interpretation as will best ensure the attainment of the object of the Act according to its true
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6,385.
Mimetix Pharmaceuticals Inc. v. The Queen - 2001-11-08
Tax Court of Canada JudgmentsBut things were different in 1996 and this Court is called upon to deal with the 1996 taxation year only. [...] That case did not deal with the issue of who was controlling the corporation but rather had to do with where the central management and control was exercised for residency purposes. [...] [68] What is involved here is obviously not a long-term lease with an option to purchase at a price substantially less than the probable fair market value of the property at the time of exercising the option.
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6,386.
Pharmacia Inc. v. Canada (Minister of National Health and Welfare) - 1999-11-17
Federal Court DecisionsI am equally in agreement with the view that the process of assessing costs cannot, in all fairness, be guided strictly by hindsight. [...] I allow $219.58 for this item, being approximately two-thirds of the amount claimed by the respondent, as a fair representation of that amount. [...] Perhaps the Federal Court Tariff should be amended to deal properly with the matter.
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6,387.
Walker v. Randall - 1999-08-24
Federal Court Decisions6. Did the Commission fail to provide the Applicant a fair hearing and fail to observe a principle of natural justice by: [...] That is the safety valve for dealing with evidence of the type in issue." [...] (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;
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6,388.
Murphy v. Canada (Attorney General) - 2022 FC 146 - 2022-02-07
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 [...] The Court therefore took into consideration the fact that none of the Act’s provisions set out a clear, mandatory process for dealing with the particular situation at hand. [...] Concerns about procedural fairness or bias, the presence of an important legal or constitutional issue, or the fact that all parties have consented to early recourse to the courts are not exceptional circumstances allowing parties to bypass an administrative process [...]”.
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6,389.
Green v. The Queen - 2016 TCC 10 - 2016-01-11
Tax Court of Canada Judgments... 12 The provisions of the Income Tax Act must be interpreted in order to achieve consistency, predictability and fairness so that taxpayers may manage their affairs intelligently. [...] [35] Paragraph 96(1)(g), however, deals with the computation of a partnership’s “loss . . . from any source or sources” , including a loss from a business, while paragraph 96(2.1)(c) deals with the computation of income, which I have found to mean section 3 income. [...] [40] Within the Act, there are numerous provisions dealing with various aspects of the application of the at-risk rules, and the use of limited partnership losses.
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6,390.
Duhamel v. The King - 2022 TCC 66 - 2022-06-21
Tax Court of Canada JudgmentsHe testified that he lost a great deal of money in 2013 ($1,622,946) and 2014 ($569,970). [...] [191] The general purpose of the provisions of rule 145 is to ensure procedural fairness by allowing the parties to prepare properly. [...] The appellant was disadvantaged by the destruction of the PokerStars Data, and Mr. Dufour’s access to HandHQ Data did not restore procedural fairness.
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6,391.
Lundbeck Canada Inc. v. Canada (Health) - 2014 FC 1049 - 2014-11-06
Federal Court DecisionsCounsel for Cobalt argued that there is insufficient documentation in the record making it “really difficult to find out what is a fair amount that Cobalt should pay given the lack of details”. [...] I should observe at the outset that we are dealing with party-and-party costs. [...] With regard to Dr. Montgomery dealing with the Cobalt matter in Toronto, it is submitted that Dr. Montgomery was needed in Toronto during the cross-examination of Dr. Cooke on August 26, 2008.
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6,392.
Paul v. Canada - 2002 FCT 615 - 2002-05-31
Federal Court Decisions(2) the North Slave Land and Water Board with a mandate to deal with land and water uses; [...] (4) the Surface Rights Board dealing with access rights and compensation. [...] Any duty of fairness owed by the Government to the fishermen must be determined in the context of a real decision by the Government affecting their rights, whatever those rights may be.
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6,393.
Canadian Imperial Bank of Commerce v. Canada - 2013 FCA 122 - 2013-05-06
Federal Court of Appeal Decisions(a) may prejudice or delay the fair hearing of the action, (b) is scandalous, frivolous or vexatious, or [...] At the very least, such allegations are likely to delay the fair hearing of CIBC’s tax appeals, and I also agree with the judge that they are also prejudicial and vexatious. [...] Perhaps it would have been preferable for the judge to deal only with the points raised by CIBC in its motion.
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6,394.
LeCaine v. The Queen - 2009 TCC 382 - 2009-08-04
Tax Court of Canada JudgmentsThat basis was and is that the appellant's dealings in shares of the companies in question constituted for him an adventure in the nature of trade so as to make the profits therefrom taxable as income. [...] Fairness requires that the taxpayer be given a reasonable opportunity to contest a new basis of assessment. [...] gaining or producing income, has begun at a later time to use it for some other purpose, the taxpayer shall be deemed to have disposed of it at that later time for proceeds of disposition equal to its fair market value at that time and to have reacquired it immediately thereafter at a cost equal to that fair market value;
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6,395.
Singh v. Canada (Citizenship and Immigration) - 2015 FC 1415 - 2015-12-23
Federal Court DecisionsIn my view, the Board exceeded its mandate when it decided to deal with the appellant's risk of torture upon return with the result that the Minister is not bound by that finding. [...] In my opinion, there is no error in law in either approach but there is a practical reason for the Refugee Division to deal with all elements of a claim in its decision. [...] 107. (2) Si elle estime, en cas de rejet, qu’il n’a été présenté aucun élément de preuve crédible ou digne de foi sur lequel elle aurait pu fonder une décision favorable, la section doit faire état dans sa décision de l’absence de minimum de fondement de la demande.
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6,396.
Leger v. The Queen - 2007 TCC 322 - 2007-06-27
Tax Court of Canada JudgmentsThose statements were prepared over the periods in issue on a fairly regular basis. [...] [21] That being said, subsection 136(5) of the New Brunswick Business Corporations Act (NBBCA) deals with the rights and privileges of a corporation upon its revival; it provides as follows: [...] [23] Most cases in this area deal with the equivalent sections in the Canada Business Corporations Act (CBCA) and the Ontario Business Corporations Act (OBCA).
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6,397.
Ragdoll Productions (UK) Ltd. v. Doe - 2002 FCT 918 - 2002-08-28
Federal Court DecisionsMANUFACTURE, DISTRIBUTE, ADVERTISE, OR DEAL IN UNAUTHORIZED OR COUNTERFEIT POKÉMON MERCHANDISE, [...] MANUFACTURE, DISTRIBUTE, ADVERTISE, OR DEAL IN UNAUTHORIZED OR COUNTERFEIT DISNEY MERCHANDISE, [...] It is not fair to the plaintiff to penalize it for a failure to prove facts which are not, by their nature, provable.
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6,398.
Vardy Villa v. M.N.R. - 2001-02-05
Tax Court of Canada Judgments(i) the Appellant was factually not dealing with the Worker at arm's length." [...] (h) the Appellant was factually not dealing with the Worker at arm's length." [...] (i) the Worker was factually not dealing with the Appellant at arm's length."
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6,399.
Deshaies v. Canada (National Revenue) - 2019 FCA 300 - 2019-12-05
Federal Court of Appeal Decisions[2] The standard of review applicable on an appeal from a decision by a Federal Court judge dealing with an application for judicial review of an administrative decision is that set out in Agraira v. Canada (Public Safety and Emergency Preparedness), 2013 SCC 36, [2013] 2 S.C.R. 559, at paragraphs 45–47. [...] These are open-ended terms that enable the Minister to take into account the wider impact of recommending remission, including, for example, the public interest in the integrity of the tax system and its proper administration, and fairness to other taxpayers.
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6,400.
Dowers v. Canada (Citizenship and Immigration) - 2018 FC 889 - 2018-09-05
Federal Court Decisions[10] The failure to address the Applicant’s request for a TRP had been considered to be an error of law or of procedural fairness, reviewable on the standard of correctness; see the decision in Shah v Canada (Minister of Citizenship and Immigration), 399 F.T.R. 146 (F.C.) at paragraph 36. [...] [13] Second, I agree with the submissions of the Applicant that the Officer erred by failing to deal with her request for a TRP. The Officer was not entitled to ignore that request.