11,315 result(s)
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6,476.
Moodie v. Canada - 2008 FC 1233 - 2008-11-06
Federal Court DecisionsAs I understand the applicant’s Amended Statement of Claim, an essential allegation is that the respondent has refused to deal with his grievances. [...] [44] I note that my brother judge’s assessment of the strength of the case was made in the context of a motion for an extension of time where the legal threshold is low and the exigencies require a fairly immediate decision. [...] Justice Harrington considered that there was a “fairly arguable case” on the strength of Bernath.
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6,477.
Philipps v. Librarian and Archivist of Canada - 2008 FC 1028 - 2008-09-16
Federal Court Decisionsb) de faire connaître ce patrimoine aux Canadiens et à quiconque s'intéresse au Canada, et de le rendre accessible; [...] e) mettre en place des programmes visant à faire connaître et comprendre le patrimoine documentaire et encourager ou organiser des activités — notamment des expositions, des publications et des spectacles — à cette fin; [...] This admission seems to me to be entirely appropriate and fair. In fact, Noël J. did not state anywhere in his reasons that a restriction on access to the Fonds Bloomfield until 2014 was reasonable.
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6,478.
Sztern v. Deslongchamps - 2008 FC 285 - 2008-03-04
Federal Court DecisionsWould he think that it is more likely than not that [the decision-maker], whether consciously or unconsciously, would not decide fairly.” [...] [13] In conclusion, the Delegate did not believe that an informed person, viewing the matter realistically and practically and having thought the matter through would conclude that the Delegate would not decide the Disciplinary Proceedings fairly. [...] [22] A trial judge who is dealing with an unrepresented litigant has the right and the obligation to ensure that the litigant understands the nature of the proceedings: Wagg v. Canada, 2003 FCA 303, [2003] F.C.J. No. 1115 (QL) at para. 33.
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6,479.
Finley v. Canada (Attorney General) - 2004 FC 1668 - 2004-12-01
Federal Court Decisions[13] The Applicant submits that the Board erred in relying on Beaudry in reaching its decision since the Federal Court of Appeal's reasoning in Beaudry is based on s. 21(1.1) of the Act, which deals with the right to appeal selections for appointment by a process other than by way of competition, rather than s. 21(1), upon [...] à 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. [...] 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.
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6,480.
Motel Normandie de Rimouski Inc. v. The Queen - 2004 TCC 666 - 2004-11-16
Tax Court of Canada JudgmentsThe new assessment was varied because the Minister reduced the fair market value of the building. [...] A study was done on their impact and the costs to deal with them were too high for the company to afford. [...] (e) to have paid as a recipient and to have collected as a supplier, at the later of those times, tax in respect of the supply calculated on the fair market value of the complex at the later of those times.
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6,481.
Hussenu v. Canada (Minister of Citizenship and Immigration) - 2004 FC 283 - 2004-02-26
Federal Court Decisions. . . 27. (1) L'agent d'immigration ou l'agent de la paix doit faire part au sous-ministre, dans un rapport écrit et circonstancié, de renseignements concernant un résident permanent et indiquant que celui-ci, selon le cas: [...] [26] Provided the Applicant had full access to his rights under IRPA, and was not prevented from raising the s. 34(2) exemption, there could be no breach of procedural fairness. [...] 20. I find that these decisions, dealing with other similar provisions of the Act, are persuasive authorities on the proper interpretation of clause 19(1)(f)(iii)(B).
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6,482.
Yang v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 359 - 2003-03-27
Federal Court Decisions3. Did the visa officer fail to assess the applicant fully and fairly? [...] [20] I am of the opinion that the visa officer did not make a reviewable error or fail to assess the applicant fully and fairly in this regard. [...] Although the Court was dealing with a "self-employed person" in that application, I would apply the Court's reasoning to an entrepreneur applicant.
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6,483.
Braganza v. Canada (Minister of Citizenship and Immigration) - 1998-04-14
Federal Court Decisions[9] In June, 1996, the visa officer left Colombo, and has had no further dealings with the file except to swear an affidavit for the judicial review proceedings. [...] 2. Whether there was a breach of procedural fairness since the visa officer who rendered the decision did not interview the applicant; and [...] 2. Breach of Procedural Fairness [19] The applicant also argues that there was a breach of the requirements of procedural fairness since the visa officer who interviewed the applicant was not the same person who signed the refusal letter.
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6,484.
Saxena v. Canada - 2024 FC 324 - 2024-03-04
Federal Court Decisionsthe Statement of Claim is, in essence, that the process by which Canada deals with requests to waive the rule of speciality in extradition proceedings denies the person who has been extradited procedural fairness because they cannot make submissions before the decision is taken nor can they challenge it after it is taken. [...] [50] This claim seeks a ruling on a claim that the process Canada follows in dealing with a request for waiver of speciality in extradition cases violates section 7 of the Charter. [...] The Defendant did not seek summary judgment on the merits of the claim that the process for dealing with requests for the waiver of specialty in the context of extradition violates section 7 of the Charter.
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6,485.
Alexion Pharmaceuticals Inc v. Canada (Attorney General) - 2016 FC 716 - 2016-06-23
Federal Court DecisionsThus, none of the jurisprudence to date deals with the issue head on. [...] The Board is only empowered to deal with the excessive prices of medicines patented under the new regime. [...] It clearly deals with the potential abuse flowing incidentally from the newly created patent exclusivity.
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6,486.
Democracy Watch v. Campbell - 2009 FCA 79 - 2009-03-12
Federal Court of Appeal DecisionsOn June 17, 2005, Democracy Watch indicated that it wanted the Registrar to deal with its complaint. [...] [28] Subsections 5(1) and 7(1) are parallel provisions; the former deals with consultant lobbyists, while the latter deals with in-house lobbyists. [...] These set a very high, but fair, standard for determining whether a lobbyist has put a public office holder in a conflict of interest by "proposing or undertaking any action that would constitute an improper influence" on this individual.
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6,487.
Redash Trading Incorporated v. The Queen - 2004 TCC 446 - 2004-06-16
Tax Court of Canada JudgmentsE stated that Bruce did not have the financing to do all the transactions he wished and asked E to "do deals" for him. [...] He stated further that he had done "other deals" with a Mr. Best in Vancouver who had clients in Germany and Austria. [...] l) Ken Parker did not deal at arm's length with 1070699 Ontario Ltd. and 1081528 Ontario Ltd.;
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6,488.
Public Service Alliance of Canada v. Canada - 2004 FC 13 - 2004-01-08
Federal Court Decisions[18] Fourth, article 3 deals with the management of the Municipal Police Service. [...] [19] Fifth, article 4 of the Municipal Policing Agreement deals with direction and reporting. [...] [21] Seventh, article 9 deals with the basis for payment with the cost of the Municipal Police Service shared.
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6,489.
Ross v. Canada (Indian and Northern Affairs) - 2007 FC 499 - 2007-05-11
Federal Court DecisionsThis factor would therefore warrant a greater degree of procedural fairness. [...] This final factor thus points towards a lesser degree of procedural fairness. [...] However, in Moumdjian v. Canada (Security Intelligence Review Committee), [1999] F.C.J. No. 1160 (QL), the Federal Court of Appeal later revisited this question in a case dealing with a report submitted to the Governor in Council by the Security Intelligence Review Committee.
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6,490.
Singh v. Canada (Citizenship and Immigration) - 2012 FC 526 - 2012-05-03
Federal Court DecisionsThis factor militates in favour of more relaxed requirements under the duty of fairness. [...] In this case, the Respondent was dealing with one of several thousand visa applications it receives in Beijing each month. [...] Procedural Fairness [47] The Applicant’s strongest point on procedural fairness in the present case is that he was never given the opportunity to address the Officer’s principal concern that
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6,491.
Gestion M.-A. Roy Inc. v. The King - 2022 TCC 144 - 2022-11-28
Tax Court of Canada JudgmentsIn particular, the agreement provided for a share buy-back mechanism upon the death of a shareholder so that R3D would not have to deal with the estate of the deceased. [...] [32] The value of the insurance policies had to reflect the fair market value of the shares. [...] The Minister was of the view that the rent did not reflect fair market value and was a taxable benefit.
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6,492.
Apotex Inc. v. Merck & Co., Inc. - 2015 FCA 171 - 2015-07-23
Federal Court of Appeal DecisionsA fair and accurate reconstruction of the “but for” world must also take into account relevant, alternative actions an infringer foreseeably could and would have undertaken had he not infringed. [...] [63] It is fair to say that the House of Lords rejected non-infringing alternatives for policy reasons. [...] [75] Before turning to consider the state of the evidence, it is necessary to deal with the Judge’s findings, at paragraphs 34 to 37 of her reasons, that:
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6,493.
LeBon v. Canada (Public Safety and Emergency Preparedness) - 2011 FC 1018 - 2011-08-26
Federal Court Decisions[28] ... A discretionary ministerial decision made pursuant to legislation which engages the Minister’s expertise and policy role will similarly attract a great deal of deference and point to a standard of reasonableness in some matters regarding the interpretation of the statute. [...] His reasons are complete, intelligible and sufficient to allow the Applicant to know that all of the factors set out in section 10 of the ITOA were fairly considered (Divito, above, at para 70; Holmes, above, at para 63). [...] [53] In fact, the CSC Community Assessment observed that the quantity of drugs being transported by the Applicant (identified in the CSC’s information as being 112 kilograms) was large enough that one could believe he was dealing with people fairly well placed in the criminal underworld.
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6,494.
Vézina v. Canada (Defence) - 2011 FC 79 - 2011-01-24
Federal Court DecisionsThe only question that I must answer is whether the nature of this case is such that it would be preferable to deal with it as an action instead of an application for judicial review. [...] (i) would fairly and adequately represent the interests of the class, [...] The purpose of the CFTDTI is to ensure fair and reasonable reimbursement of expenses incurred by members of a CF unit travelling on TD [temporary duty] in Canada or abroad.
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6,495.
Macneil v. Canada - 2004 FCA 50 - 2004-02-03
Federal Court of Appeal DecisionsThe matter hinges on the interpretation of a Will regarding a clause dealing with a life estate. [...] He stated: "In my view, the wording of rule 216(3) is specific in instructing the Court to make findings of facts where it is able to do so on the material and in a fair and just manner." [...] It is not fair that issues which have been determined to be genuine requiring a trial should be resolved on a motion because of the fundamental differences between motions and trials.
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6,496.
Bellegarde v. Canada (Attorney General) - 2002 FCT 1131 - 2002-10-31
Federal Court DecisionsThe impugned legislation was the subject of a great deal of discussion at the Assembly. [...] In their view, the Crown failed to respect the fiduciary duty which is part of the duty to uphold its honour in dealing with aboriginals. [...] The Applicants conclude at paragraph 52 of their submissions that it "cannot fairly be said that the First Nations have 'slept on their rights'" (March 22, 2002).
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6,497.
Schafer v. The Queen - 1998-01-16
Tax Court of Canada Judgments(c) another person with whom the transferor was not dealing at arm’s length, [...] A is the amount, if any, by which the fair market value of the property at that time exceeds the fair market value at that time of the consideration given by the transferee for the transfer of the property, and [...] All that is required is that the husband should so deal with the property as to divest himself of it and vest it in his wife, that is to say, pass the property from himself to her.
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6,498.
Nshogoza v. Canada (Citizenship and Immigration) - 2015 FC 1211 - 2015-10-26
Federal Court Decisions[38] The doctrine of legitimate expectations is part of the rules of procedural fairness. [...] It is part of the duty of fairness and, as such, it only provides procedural protections. [...] Furthermore, there was no breach of procedural fairness or violation of Mr. Nshogoza’s legitimate expectations.
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6,499.
Patanguli v. Canada (Citizenship and Immigration) - 2014 FC 1206 - 2014-12-12
Federal Court Decisions4. Did the adjudicator provide a fair hearing? V. Submissions of the parties [...] (2) A fair hearing [74] The applicant maintains that the adjudicator violated his right to a fair hearing by asking him her own questions. [...] In light of the whole of the record and of the arguments of the applicant, I am of the view that the applicant was provided a fair hearing.
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6,500.
Senous v. Fontaine - 2003 FC 1528 - 2003-12-30
Federal Court DecisionsHRDC did not observe the rules of natural justice and procedural fairness. [...] Accordingly, I will deal with this point summarily. [39] The evidence in support of this argument is contained in paragraphs 40 and 41 of the applicant's affidavit. [...] [41] If there was a breach of procedural fairness it would instead have to be found in the inquiry procedure.