11,315 result(s)
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6,501.
Vinod Chopra Films Private Limited v. John Doe - 2010 FC 387 - 2010-04-12
Federal Court Decisions29 Originally developed as an "exceptional remedy" in the context of trade secrets and intellectual property disputes, such orders are now fairly routinely issued in ordinary civil disputes... [...] WHO DEAL IN COUNTERFEIT VIDEO RECORDINGS, AND OTHER PERSONS LISTED IN SCHEDULE "A" TO THE STATEMENT OF CLAIM [...] As of January 20, 2010 a number of persons and corporations said to deal in Counterfeit Videos were in fact known to the Plaintiffs.
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6,502.
Ingarra v. Dye & Durham Limited - 2023 FC 1046 - 2023-07-31
Federal Court Decisionsconcurrent S’entend notamment de toute personne qui, en toute raison, ferait vraisemblablement concurrence à une autre personne à l’égard d’un produit en l’absence d’un complot, d’un accord ou d’un arrangement visant à faire l’une des choses prévues aux alinéas (1)a) à c). [...] [30] The second part of the Martin test deals with the risk that confidential information will be used to the prejudice of the former client (MediaTube at para 28). [...] [91] The risk of misuse of confidential information is the second stage of the Martin analysis, but the Court does not need to deal with it in the circumstances.
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6,503.
Bonnybrook Park Industrial Development Co. Ltd. v. Canada (National Revenue) - 2018 FCA 136 - 2018-07-18
Federal Court of Appeal Decisions[32] Accordingly, the analysis below will only deal with the application for an extension of time pursuant to subsection 220(3) of the Act. [...] [67] I also agree with my colleague’s reasoning concerning the Minister’s failure to deal with subsection 220(2.1) of the Act. I agree that this must be sent back to the Minister. [...] 220(3) Le ministre peut en tout temps proroger le délai fixé pour faire une déclaration en vertu de la présente loi.
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6,504.
Jahan v. Canada (Immigration, Refugees and Citizenship) - 2018 FC 99 - 2018-01-30
Federal Court DecisionsDid the immigration officer and the IAD breach the duty of fairness by not evaluating the application as a common-law partner or conjugal partner relationship? [...] [19] The Applicant frames the decisions of the immigration officer and the IAD not to evaluate her husband’s application as a common-law partner or conjugal partner relationship as a question of procedural fairness. [...] She says that the cases relied on in Gill to establish that an applicant does not have an accrued or accruing right until the final decision do not deal with instances of acts undertaken in reliance on the legislation.
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6,505.
Canadian National Railway Company v. Emerson Milling Inc. - 2017 FCA 79 - 2017-04-18
Federal Court of Appeal Decisions[8] We usually deal with this sort of submission on a preliminary basis before delving into the merits of an appeal: see, e.g., Canadian National Railway Company v. Dreyfus, 2016 FCA 232 at para. 18; Canadian National Railway Company v. BNSF Railway Company, 2016 FCA 284. [...] [19] Based on this legislative history, I conclude that “question of jurisdiction” in subsection 41(1) includes at least issues of procedural fairness, even if those issues are factually suffused. [...] They confirm that we are dealing with an issue of statutory interpretation, which is a question of law that this Court can entertain under subsection 41(1) of the Act.
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6,506.
Canada (Attorney General) v. Mowat - 2009 FCA 309 - 2009-10-26
Federal Court of Appeal Decisions” Second, “[d]id the CHRT fail to observe the principles of procedural fairness by failing to give adequate reasons for its decision? [...] [20] Last, the application judge found that the Tribunal breached the principles of procedural fairness by failing to provide adequate reasons to justify its costs award. [...] The CHRA requires the Commission to designate investigators to investigate each complaint with which it deals.
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6,507.
Legault v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 315 - 2001-04-11
Federal Court DecisionsIl se peut que les mères aient besoin d'aide tout comme n'importe quelle personne qui se trouve dans la situation où son conjoint doit faire face à la justice. [...] In addition, the respondent submits that Officer Nappi satisfied herself that upon return to the United States, the applicant would have the opportunity to fully and fairly present his case. [...] 6. Whether failure to deal with two of her children's emotional illness is consistent with the serious and respectful treatment of the children's interests required by Baker v. Canada.
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6,508.
Tsawwassen Indian Band v. Canada (Minister of Finance) - 1998-03-19
Federal Court Decisions[. . .] [47] Section 5 deals with projects requiring environmental assessment. [...] [. . .] [50] Section 48 deals with the referral of a project to a mediator or a review panel. [...] Notre-Dame de Bon-Secours5, Mr. Justice Gonthier, in dealing with rules of construction, stated:
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6,509.
Fédération des francophones de la Colombie-Britannique v. Canada (Employment and Social Development) - 2018 FC 530 - 2018-05-23
Federal Court Decisions[18] Three provisions deal with the language obligations of the parties to the Agreement. [...] The first comment deals with what the FFCB has referred to as “negative measures”. [...] I do not have to deal with it in the context of this application under Part VII.
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6,510.
Nedelec v. Rogers - 2024 FC 1059 - 2024-07-05
Federal Court DecisionsThe central question is whether the procedure was fair, having regard to all of the circumstances: Canadian Pacific Railway at para 54. [...] Here, the procedural fairness issue is whether the applicants had a meaningful opportunity to present their case and have it fully and fairly considered: Baker at para 32. [...] ALPA argues that the Tribunal reasonably interpreted subsection 50(1) as requiring that it follow the rules of procedural fairness, and the Tribunal reasonably complied with subsection 50(1) because it complied with the rules of procedural fairness.
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6,511.
Jagadeesh v. Canadian Imperial Bank of Commerce - 2023 FC 1311 - 2023-09-28
Federal Court DecisionsB. Did the Commission breach procedural fairness? [23] Mr. Jagadeesh submits the Officer was biased. [...] [26] CIBC submits the Commission met its duty of procedural fairness. [...] The investigation was thorough and Mr. Jagadeesh was afforded procedural fairness.
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6,512.
Kabran v. Canada (Immigration, Refugees and Citizenship) - 2018 FC 115 - 2018-02-02
Federal Court DecisionsWas the Applicant denied procedural fairness in the interview process? [...] Procedural fairness [15] For purposes of context, it is perhaps easiest to summarize the parties’ positions on the issue of procedural fairness and then address the admissibility issues. [...] The neighbour is having difficulty dealing with him, advises his memory is deteriorating, he is being targeted because of his disabilities and is unhappy and confused.
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6,513.
Zang v. Canada (Citizenship and Immigration) - 2020 FC 112 - 2020-01-23
Federal Court Decisions1. Did the Officer’s Decision violate the Applicant’s right to procedural fairness? [...] Evaluating whether procedural fairness, or the duty of fairness, has been adhered to by a tribunal requires an assessment of the procedures and safeguards required in a particular situation (Moreau-Bérubé, para 74). [...] [46] The fact that the Applicant has personally invested in the Company does not mean, per se, she is qualified to be the CFO, and the fact that she knows how to deal with banks does not mean she meets the requirements or other responsibilities set out in the job description.
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6,514.
Lee v. Canada (Minister of Citizenship and Immigration) - 2006 FC 158 - 2006-02-16
Federal Court Decisions[31] Madam Justice Snider assessed the duty of fairness owed to an applicant under subsections 44(1) and 44(2) of IRPA and found it to be a relatively "relaxed" duty of fairness: [...] In my view, the duty of fairness implicitly adopted by CIC for purposes of the s. 44(1) report is appropriate. [...] If a question arises on the facts of a case before an applications judge, it is the judge's duty to deal with it.
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6,515.
Grandjambe v. Canada (Parks) - 2019 FC 1023 - 2019-07-30
Federal Court DecisionsEvidence that speaks directly to the alleged breach of procedural fairness is admissible. [...] Further, that s 50(4) of the WBNP Game Regulations does not deal with alternate locations and that the issuance of permits is not a matter of land planning and zoning as the Respondents submit. [...] On September 28, 2015, the Chief of Smith’s Landing called Parks Canada and the two other Chiefs to a meeting to discuss the unauthorised cabin and how to deal with it.
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6,516.
Tur v. Canada (Citizenship and Immigration) - 2022 FC 1574 - 2022-11-17
Federal Court DecisionsThe applicant also raised a concern about procedural fairness, owing to the officer’s use of a document not found in the Certified Tribunal Record (“CTR”). [...] [17] The Court’s analysis of procedural fairness issues involves no deference to the decision maker. [...] ... the determinative issue in this case is whether the deficiencies in the CTR constitute a breach of procedural fairness.
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6,517.
Sharma v. Canada (National Revenue) - 2021 FC 1469 - 2021-12-23
Federal Court Decisions[12] Questions of procedural fairness are reviewable on a standard that is akin to correctness. [...] [26] I will note, first of all, that Moore deals with an appeal to the Tax Court, and not an application for judicial review to this Court. [...] [30] The Respondent, to their credit, did not object to the new issue of procedural fairness being raised at the hearing.
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6,518.
Dang v. Canada (Citizenship and Immigration) - 2014 FC 1195 - 2014-12-16
Federal Court Decisions3. it breached the Applicant’s right to procedural fairness. The bulk of the hearing focused on the second issue, which was the strongest of the Applicant’s arguments. [...] [30] Procedural fairness is reviewable on a correctness standard (Mission Institution v Khela, 2014 SCC 24 at para 79; Sidhu v MCI, 2012 FC 515 at para 38). [...] In my view, the Board’s Decision was unreasonable for these reasons.I will deal with the foundational findings of the Board and problems with them, in the order that they were raised by the Board in its Decision.
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6,519.
Desmond De Hoedt v. Canada (Citizenship and Immigration) - 2014 FC 829 - 2014-08-29
Federal Court DecisionsA. Were the procedural fairness requirements met? B. Did the decision maker have the jurisdiction to make the decision he made? [...] The Applicant argues that failing to inform the individual of what the specific offence was is a breach of procedural fairness. [...] [50] ...When dealing with passports, there are stringent standards approaching perfection that must be adhered too, in order to meet international requirements and thus ensure the unreserved confidence of the international community.
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6,520.
VIH Helicopters Ltd. v. Rennie - 2014 FC 22 - 2014-01-08
Federal Court Decisions1. Whether the adjudicator fettered his discretion and failed to observe procedural fairness by refusing to admit into evidence the two contested affidavits; [...] If not, then how can it be said to assist in “determining a fair and reasonable Judgement? [...] That rejection impacted the fairness of the proceeding and leads to the conclusion that there has been a breach of natural justice.
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6,521.
Roger Dubois Inc. v. The Queen - 2013 TCC 409 - 2013-12-20
Tax Court of Canada Judgments(i) glassware, ceramics, textiles, woodenware and works in base metals that have a fair market value in Canada of more than five hundred dollars, and [...] (e) drawings, engravings, original prints and water-colours that have a fair market value in Canada of more than one thousand dollars; and [...] (f) any other objects that have a fair market value in Canada of more than three thousand dollars.
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6,522.
Javadi v. Canada (Citizenship and Immigration) - 2012 FC 278 - 2012-02-29
Federal Court DecisionsS’il ne peut le faire, il en donne la raison et indique quelles mesures il a prises pour s’en procurer. [...] [24] The respondent is of the opinion that there was no breach of procedural fairness under subsection 48(4) of the Rules. [...] [33] In conclusion, the Court finds that no duty of fairness was breached and that the Board’s credibility findings were reasonable.
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6,523.
Marimac Inc. v. Canada (Public Safety and Emergency Preparedness) - 2007 FC 353 - 2007-04-03
Federal Court Decisions(ii) il serait juste et équitable de faire droit à la demande, (iii) la demande a été présentée dès que possible. [...] (ii) il serait juste et équitable de faire droit à la demande, (iii) la demande a été présentée dès que possible. [...] [23] There is also evidence indicating that Mr. Khamis, during his discussions with the verification officers, repeatedly asked if a deal could be made or whether a discussion on matters of interest could be held.
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6,524.
Cliche c. La Reine - 2005 TCC 622 - 2005-06-06
Tax Court of Canada Judgmentsa) The Appellant is the spouse of Mr. André Parent as admitted and is a person dealing otherwise than at arm’s length with the tax debtor. [...] b) The land as well as the building transferred to the Appellant had a fair market value of $71,000.00 at the time of the transfers. [...] [30] The Appellant’s expert maintained that the fair market value (“FMV”) of the two immovables that were transferred on July 8, 1999 and February 17, 2000 was as follows:
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6,525.
Gatineau (Ville) v. National Capital Commission - 2013 FC 439 - 2013-04-29
Federal Court Decisionsb. Did the NCC breach a duty of procedural fairness vis-à-vis the Ville? [...] The Court agrees, as, in matters of procedural fairness, it does not owe the federal agency deference (McBride v. Canada (Minister of National Defence), 2012 FCA 181, at para. 32, 431 NR 383): either the NCC had a duty of procedural fairness vis-à-vis the Ville, or it did not. [...] Regarding all of the foregoing, the Ville has not satisfied the Court that the NCC had breached a duty of procedural fairness and the Court’s intervention is not warranted.