11,315 result(s)
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6,526.
Bouchard v. Mitsubishi Motor Sales of Canada Inc. - 2010 FC 56 - 2010-01-19
Federal Court DecisionsIt would put much too great an onus on foreign Web site operators or any foreign commercial undertakings with no real presence in Canada which happen to deal with Canadian residents. [...] 80 Principles of order, fairness and comity support Ontario having jurisdiction of the actions at hand. [...] (a) to limit unduly the facilities for transporting, producing, manufacturing, supplying, storing or dealing in any product,
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6,527.
Swerdlow v. Canada (Citizenship and Immigration) - 2016 FC 577 - 2016-05-25
Federal Court Decisions[3] Counsel mounted a strong argument with respect to procedural fairness. [...] Unfortunately, Parliament did not deal with the issue at that time, but rather waited until 2014, when it established a physical presence test.
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6,528.
Connolly v. Canada (Attorney General) - 2014 FCA 283 - 2014-12-03
Federal Court of Appeal Decisions(Act) renders a taxpayer liable for income taxes owed by a non-arms length person if property is transferred to the taxpayer from the tax debtor for proceeds less than the fair market value of the transferred property. [...] [10] I also find that it is not necessary to deal with the two other grounds of appeal raised by the appellant namely that counsel for the respondent committed fraud or perjury and that the Judge was biased, as both are clearly unfounded.
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6,529.
Tai v. Canada (Citizenship and Immigration) - 2010 FC 788 - 2010-07-29
Federal Court DecisionsRather, Mr. Wong has put his litigation strategy before the IAD into issue in support of his clients’ procedural fairness arguments. [...] Not only was leave not sought in a timely manner, it is also clear from the jurisprudence of this Court that leave will not be granted where, as here, the affidavit in issue deals with substantive matters: see, for example, Sawridge Band v. Canada, 2002 FCT 254, 112 A.C.W.S. (3d) 623.
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6,530.
Baxter v. Canada - 2008 FC 1335 - 2008-12-02
Federal Court DecisionsHe does not think it is fair to him or other Canadians. He is asking the Court to agree with him that a national scheme, operated over many years, should not be allowed in a free and democratic society because he finds himself having to deal with the balance of his mortgage debt.
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6,531.
Marshall v. Canada - 2007 FCA 215 - 2007-05-30
Federal Court of Appeal Decisions[10] The Federal Court has no jurisdiction to deal with claims between subject and subject, except where that right is provided by statute. [...] For example, it enjoys that jurisdiction in maritime matters by virtue of section 22 of the Federal Courts Act. In this case, counsel was not able to point to any disposition which would give the Court jurisdiction over a labour union in respect of an alleged breach of the duty of fair representation.
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6,532.
Canada (Citizenship and Immigration) v. Silva - 2005 FC 502 - 2005-04-15
Federal Court Decisions[8] Another reason given by the officer for his dismissal of the PRRA application was the fact that several translations of articles dealing with intolerance toward and intimidation of UNITA, published in 2003 and 2004 and submitted by the applicants, had no evidentiary weight. [...] [15] Considering that the four decisions are practically identical, and it is impossible to isolate or mitigate the errors which appear in the four files, the only fair decision is to allow the four judicial review applications.
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6,533.
Schaefler v. Canada (Solicitor General) - 2004 FC 517 - 2004-04-02
Federal Court DecisionsI do not think that the decision breached Directive 764, or Directive 090 which deals with personal property of inmates. [...] It was held that administrative decisions should not be interfered with unless the decision-maker clearly breached his or her duty to act fairly or if a serious injustice was committed.
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6,534.
Sivanathan v. Canada (Minister of Citizenship and Immigration) - 2000-08-17
Federal Court DecisionsThe CAIPS notes show that a departmental officer suggested that Minister's permits be issued to deal with the problem of the admission of missing husband. [...] It was a failure of the duty of fairness to make her wait 6 years for an interview and then to dismiss her application out of hand without asking her the only question which mattered.
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6,535.
Access Post Production Audio Inc. v. M.N.R. - 2000-05-26
Tax Court of Canada JudgmentsAs was standard in the industry, Grosicki enjoyed a fair degree of autonomy within those constraints. [...] He could only have a chance of profit and risk of loss in his dealings with the Appellant, however, if he did not have to perform his services personally, but could retain others for that purpose at a higher or lower rate of reward than he himself was assured.
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6,536.
Moudrak v. Canada (Minister of Citizenship and Immigration) - 1999-06-22
Federal Court Decisions[5] Shaw v. Canada (Minister of Employment and Immigration) [1994] 81 F.T.R. 320 (F.C.A.) stands for proposition that the duty of fairness in the case of an immigration officer making a decision pursuant to section 114(2) is minimal. [...] The Immigration Officer then concluded, however, that "Marko's story does not in the end offer sufficient compelling H & C elements to persuade me that he ought to be exempt from either the Immigration Act or the normal prescribed CIC policies that deal with H & C requests."
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6,537.
Tsang - 1998-11-03
Federal Court Decisions[3] The appellant, Hing Tat Heidi Tsang, operates a fashion consultant business that requires a great deal of travel abroad to attend trade shows, fairs and conferences.
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6,538.
Khawar v. Canada (Minister of Citizenship and Immigration) - 1997-11-25
Federal Court Decisionssend the additional work documents", and yet the officer spends a great deal of time on the second page of his letter supporting his conclusions, which may have been, of course, entirely justified at the time, that the ability of this man to adapt to a Canadian way of life, and therefore, his work experience is questioned. [...] And therefore, out of fairness, I think it ought to be done again by a fresh visa officer.
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6,539.
Mendoza v. Canada (Minister of Citizenship and Immigration) - 1997-08-29
Federal Court DecisionsIt is a commonplace that the content of the duty of fairness varies according to the circumstances. [...] In this respect it differs from many other decisions, e.g. by a visa officer dealing with a sponsored application for landing, where the law establishes criteria which, if met, give rise to certain rights.2
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6,540.
Berens River First Nation v. Gibson-Peron - 2015 FC 614 - 2015-05-08
Federal Court Decisions(n) the regulation of the conduct and activities of hawkers, peddlers or others who enter the reserve to buy, sell or otherwise deal in wares or merchandise; [...] n) la réglementation de la conduite et des opérations des marchands ambulants, colporteurs ou autres personnes qui pénètrent dans la réserve pour acheter ou vendre des produits ou marchandises, ou en faire un autre commerce; [...] First, those cases dealt with court actions whereas the present case deals with a labour matter.
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6,541.
Canada RNA Biochemical Inc. v. Canada (Health) - 2020 FC 668 - 2020-06-04
Federal Court Decisions[6] I also conclude that the process that led to the refusal was fair. [...] What is required is fairness, not perfection, and C-RNA was given a fair process. [...] These sections are found in Part 1 of the NHP Regulations, which deals with product licences.
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6,542.
Statham v. Canadian Broadcasting Corporation - 2010 FCA 315 - 2010-11-22
Federal Court of Appeal Decisions[25] The appellant sought costs on a solicitor-client basis on the ground that the CBC had been adversarial and defensive in dealing with his access requests. [...] (2) Le paragraphe (1) n’oblige pas le responsable de l’institution fédérale à faire état de l’existence du document demandé. [...] 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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6,543.
Canada (Attorney General) v. Mercier - 2010 FCA 167 - 2010-06-21
Federal Court of Appeal Decisions[...] (i) is in possession of, or deals in, contraband; (j) without prior authorization, is in possession of, or deals in, an item that is not authorized by a Commissioner’s Directive or by a written order of the institutional head; [...] 98. (1) Les règles établies en application de l’article 97 peuvent faire l’objet de directives du commissaire. [...] 98. (1) Les règles établies en application de l’article 97 peuvent faire l’objet de directives du commissaire.
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6,544.
Labrie v. M.N.R. - 2003 TCC 540 - 2003-10-07
Tax Court of Canada Judgments. . . (i) employment if the employer and employee are not dealing with each other at arm's length. [...] (a) related persons shall be deemed not to deal with each other at arm’s length; and [...] [130] The conditions of employment would not have been similar if the Appellants and Payor were dealing with each other at arm's length.
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6,545.
Hammill v. The Queen - 2004 TCC 595 - 2004-09-13
Tax Court of Canada JudgmentsThe first dealing that he had with Premier Group Investments was August 28, 1993[17]. [...] He considered it to be an advance on fees to complete the deal with Transpacific. [...] When dealing with interest expenses, the task can be objectified readily.
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6,546.
Société des Loteries du Québec v. Club Lotto International C.L.I. Inc. - 2001-01-25
Federal Court Decisionsa) faire une déclaration fausse ou trompeuse tendant à discréditer l'entreprise, les marchandises ou les services d'un concurrent; [...] c) faire passer d'autres marchandises ou services pour ceux qui sont commandés ou demandés; [...] Van Camp J. also relied on an Australian decision again dealing with the well known "Crocodile Dundee" character in the context of passing-off.
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6,547.
Ali v. Canada (Citizenship and Immigration) - 2023 FC 383 - 2023-03-21
Federal Court DecisionsA. Preliminary issue: Procedural fairness [8] The RAD first considered whether it was procedurally fair to assess the Applicant’s behaviour without the original RPD decision granting his protection. [...] Where concerns about procedural fairness arise, they will be addressed. [...] [84] Thus, in dealing with cessation cases, the RPD should have regard to the following factors, at a minimum, which may assist in rebutting the presumption of reavailment.
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6,548.
McDonald v. Fond du Lac Denesuline First Nation - 2022 FC 844 - 2022-06-07
Federal Court DecisionsIt is therefore unnecessary to assess the contents of the BCR. To the extent that Chief and Council wish to amend the clauses of the Election Act dealing with candidates’ eligibility or add schedules that do the same, the amendment process outlined in clause 16 must be followed. [...] Relying on information he learned “after the fact” is a complete abdication of fairness. [...] [71] CEO McDonald did not violate the Applicants’ rights to procedural fairness.
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6,549.
Grenon v. The Queen - 2021 TCC 89 - 2021-12-01
Tax Court of Canada JudgmentsIt is trite to state that the Minister has a statutory obligation to ensure that assessments are accurate and a concomitant obligation to defend assessments that are challenged thus ensuring that taxpayers pay their fair share of taxes in accordance with the law. [...] [46] The Respondent refers to the preparation of certain “aides-memoires” dealing with the Income Funds and subscriptions for units being challenged as well as a “37 page slide-deck depicting the 20 steps of the FMO Reorganization (...) to assist the Court in understanding” the complex transactions involving the three [...] The Appellants’ refusal to admit the basic facts underlying these issues meant that it was necessary to deal with these matters at trial.
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6,550.
Centrepoint Foods Corporation v. The Queen - 2015 TCC 296 - 2015-11-25
Tax Court of Canada Judgments[2] I will deal with the first three issues separately. I will consider the application of gross negligence penalties as part of my analysis of each issue. [...] Centrepoint questioned whether the comparison franchises were fair comparisons. [...] Mr. Melka testified that, in conducting the Comparison Analysis, he selected three Saint Cinnamon franchises to ensure that, as near as possible, he was dealing with the same product mix as Centrepoint’s franchise.