11,315 result(s)
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6,551.
Magyar v. Canada (Citizenship and Immigration) - 2015 FC 750 - 2015-06-15
Federal Court Decisions-- granting fair consideration to those who come to Canada claiming persecution (paragraph 3(2)(c)); [...] -- establishing fair and efficient procedures that maintain the integrity of the Canadian refugee protection system, while upholding Canada's respect for the human rights and fundamental freedoms of all human beings (paragraph 3(2)(e)). [...] [25] However, even if I am wrong and the matter has become moot by the removal of the Applicant, I agree with Justice Gibson in Freitas and Justice Fothergill in Molnar in holding that this is nevertheless an appropriate case in which to exercise the Court’s discretion to deal with this matter on the merits, and rely on
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6,552.
Abu Ganem v. Canada (Citizenship and Immigration) - 2011 FC 1147 - 2011-10-07
Federal Court DecisionsAdequacy of reasons is a procedural fairness issue which is also reviewed on a standard of correctness. [...] The member found that Colombia had taken steps to remedy corruption without dealing with the specific facts alleged by the applicant. [...] The lawyer, because of that, advised me to accept that deal. And second, that by the lapse of time, people would forget and we would be away from the matter.
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6,553.
Deol v. Canada (Citizenship and Immigration) - 2009 FC 406 - 2009-04-23
Federal Court DecisionsThe standard of “reasonableness” does not equate to the old standard of “reasonableness simpliciter.” Therefore, the standard of deference should be greater when dealing with issues within the expertise of the tribunal: Dunsmuir at paragraphs 48-49. [...] [38] The Applicant further submits that the Officer’s finding of an adoption of convenience may cause undue hardship to her in any further dealings that she has with the Immigration Department if it is allowed to stand. [...] [59] There has been no breach of procedural fairness on these facts, and no unreasonable approach to assessing the best interests of the Applicant as a child.
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6,554.
Carrasco v. Canada (Citizenship and Immigration) - 2008 FC 436 - 2008-04-08
Federal Court Decisions[3] The obligation to give reasons is a requirement of procedural fairness. [...] [38] However, if despite the lack of this procedural fairness there could only be one result then the matter need not be sent back for re-determination per Mr. Justice Linden at page 449 (Sivakumar, above); [...] Although section 35 which deals with war crimes and crimes against humanity is silent on these matters, given the international context of the case, the United Nations Guidelines cannot simply be ignored.
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6,555.
Canada (Citizenship and Immigration) v. Stephenson - 2008 FC 82 - 2008-01-23
Federal Court Decisions[10] While the Minister raised a number of issues, it is only necessary, in my view, to deal with two issues: [...] faire appel devant la section d'appel d'une mesure de renvoi ou de renvoi conditionnel en [...] [34] I acknowledge that the application for judicial review is to be allowed in any event; however, in view of the importance of this issue, I think that it is helpful to deal with it.
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6,556.
Regional Cablesystems Inc v. Wygant - 2003 FCT 236 - 2003-02-25
Federal Court DecisionsIn the result, these reasons will deal only with the issue of the Adjudicator's jurisdiction and the new evidence before the Court. [...] These inferences, to be sure, cannot fairly be made except upon certain conditions; and they are also open always to explanation by circumstances which make some other hypothesis a more natural one than the parties' fear of exposure. [...] 241. (1) La personne congédiée visée au paragraphe 240(1) ou tout inspecteur peut demander par écrit à l'employeur de lui faire connaître les motifs du congédiement; le cas échéant, l'employeur est tenu de lui fournir une déclaration écrite à cet effet dans les quinze jours qui suivent la demande.
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6,557.
Professional Institute of The Public Service of Canada v. Canada (Customs and Revenue Agency) - 2001-01-29
Federal Court DecisionsI shall therefore deal with the two separately. The declaration [17] At this juncture, it is useful to summarize the gist of subsections 18.1(3) and (4) of the Federal Court Act, R.S.C. 1985, c. F-7. [...] [21] The applicant further argues that the current Agency's staffing policy fails to meet the minimum administrative law standards of natural justice and fairness which the Agency must consider, as do all bodies that hold quasi-judicial and administrative powers affecting the interests of individuals. [...] The principles of fairness require that any affected individuals must know the case to be met against them and be provided a reasonable opportunity to respond.
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6,558.
Merlis Investments Ltd. v. Canada (Minister of National Revenue) - 2000-10-27
Federal Court Decisions[28] In my opinion, neither section 158 nor paragraph 225.1(1) of the Act have any bearing in the present case as both deal with the payment of sums actually owed by a taxpayer (see King v. Canada (Minister of National Revenue), [1991] T.C.J. No. 108), while section 116 deals fundamentally with the furnishing of security in [...] c) obliger une personne à faire un paiement, conformément au paragraphe 224(1); [...] d) obliger une institution ou une personne visée au paragraphe 224(1.1) à faire un paiement, conformément à ce paragraphe;
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6,559.
Sliammon Development Corp. v. M.N.R. - 2000-02-28
Tax Court of Canada JudgmentsSDC also had some forestry interests and was dealing with large lumber corporations with a view to harvesting some timber on Indian lands. [...] While some of the scheduled items - such as management plans and policies or operational budgeting - could be carried out fairly quickly, others would take much longer to accomplish. [...] SDC decided it was fair and reasonable to retain an outside entity to perform an evaluation of Butterfield's work.
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6,560.
Cremco Supply Ltd. v. Canada Pipe Company - 1998-03-17
Federal Court Decisions[21] At this point it would be appropriate to deal with a submission by counsel for the Defendant that the Defendant may rely upon all of the scheduled documents without being specific as to what parts of those documents, which are neither lengthy nor complex, are relevant. [...] In the present instance, the patent at issue contains 26 pages of text and 3 pages of fairly detailed drawings. [...] This is at least a little to general and in one instance, American patent 224,403, fairly obviously is not the case.
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6,561.
Phillips v. Canada - 1996-10-29
Federal Court DecisionsIn 1992 Mr. Phillips argued that his income tax reassessment for the years 1982 to 1985 was wrong because it disallowed farm loss deductions, and I think it is fair to say, he lost his argument by a very slim margin. [...] 1. As we are dealing with the chief source of income, the first criteria, but not the only one, has to be a comparison between the taxpayer's farm income and his income from other sources. [...] Each of these factors show that Judge Bell had a great deal of sympathy for Mr. Phillips' argument that he should be allowed farm loss deductions as a class (1) farmer.
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6,562.
Naveed v. Canada (Citizenship and Immigration) - 2024 FC 318 - 2024-02-27
Federal Court DecisionsIt is “an approach meant to ensure that courts intervene in administrative matters only where it is truly necessary to do so in order to safeguard the legality, rationality and fairness of the administrative process. [...] [28] The RAD upheld the RPD’s finding that the Applicants failed to establish that the police are forcing their minor son still living in Pakistan to deal drugs on their behalf: [...] Similarly, the grandmother’s affidavit states that the drug-addicted grandson obtains drugs through the police but does not speak to him dealing drugs for them.
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6,563.
Dumbrava v. Canada (Attorney General) - 2023 FC 1011 - 2023-07-24
Federal Court Decisions[19] Nevertheless, the Federal Court of Appeal has recognized three (3) exceptions to this general rule: (1) the new evidence contains general contextual information; (2) the new evidence responds to questions of procedural fairness; or (3) the new evidence highlights the complete absence of evidence before the [...] • d)Since the Applicant is not dealing at arm’s length with the employer, more documents were requested to demonstrate that the work had been performed and remunerated; [...] [38] The decision-maker found that the Applicant’s written receipts and tax returns were not sufficient evidence to prove the alleged income considering that the Applicant was not dealing at arm’s length with the employer, who was her father.
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6,564.
Laing v. The King - 2023 TCC 50 - 2023-04-19
Tax Court of Canada JudgmentsAccording to him, this Court has to abide by rules of equity and fairness, and the submissions that were provided to the Court by the Respondent are proof that what they thought was a reassessment is not in fact the reassessment that was done. [...] [19] In the event a notice of objection is not filed by the individual against a notice of assessment or reassessment within the time period provided for in subsection 165(1) ITA, sections 166.1 and 166.2 ITA deal with a taxpayer’s ability to obtain an extension of the time to file the notice of objection: [...] [32] In De Lucia Estate v The Queen, 2010 TCC 479 [De Lucia], Justice Hogan of this Court was also dealing with a situation similar to the present case.
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6,565.
Romana v. Canada (Canadian Radio-Television and Telecommunications Commission) - 2022 FC 1455 - 2022-10-25
Federal Court Decisions(d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or [...] The Federal Court does not have jurisdiction to deal with such a claim. [...] [45] There is no need to deal with the other grounds presented by the Defendants as these are determinative.
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6,566.
Lavigne v. The Queen - 2020 TCC 57 - 2020-07-16
Tax Court of Canada JudgmentsThis is also an opportune point at which to deal with credibility generally. [...] A fair number are on Saturdays or Sundays; there are days where the timing seems quite remarkable, for example: On 30 April 2011 there are restaurant receipts showing a time of 2:02 PM, 5:41 PM and 9:35 PM; similarly on 26 November 2011, a Saturday, there are restaurant receipts showing the time of 11:36 AM, 11:58 AM and [...] [14] Given that conclusion, it is not necessary for me to deal with the quantum of the home use expenses.
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6,567.
Ma v. Canada (Citizenship and Immigration) - 2018 FC 252 - 2018-03-06
Federal Court DecisionsThe Applicant claimed that he found a job with the village council at a village fair and in 2004 started working as a security guard with the council. [...] [12] Under points (iii) and (iv) one would examine the penalty imposed in China in terms of the plea deal. [...] [43] Regarding the mitigating and aggravating circumstances, the RAD properly considered the circumstances of the plea deal and arrangement with the village council.
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6,568.
Canada (Attorney General) v. Canadian Human Rights Tribunal - 2013 FC 921 - 2013-08-30
Federal Court Decisions4. The tribunal has failed to dispose of an issue that was fairly raised during the proceedings. [...] Therefore, the Tribunal has jurisdiction to complete its original decision and deal with the alleged noncompliance. [...] [40] The applicant submits that the doctrine of functus officio applies and that the Tribunal does not have jurisdiction to deal with the job offer.
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6,569.
Heaney v. The Queen - 2011 TCC 429 - 2011-10-03
Tax Court of Canada JudgmentsDSL also began dealing with Bell in an attempt to negotiate equipment purchases, including modems, together with expensive one-time costs such as set-up fees. [...] It is presumed that they are in the best position to know the potential problems facing the corporation and have the power to take appropriate preventative steps to deal with those problems. [...] Q. Would it be fair to say that you let that situation continue and it was tolerated as a last resort to keep the business alive?
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6,570.
Astrazeneca Canada Inc. v. Apotex Inc. - 2011 FC 598 - 2011-05-20
Federal Court DecisionsFurthermore, as noted by Snider J. in Louis Bull Band, supra, it is not all orders made by a case management judge or prothonotary which are made "as a result of an ongoing management function" (para. 16): where an order deals with "a new matter in respect of which [the case management prothonotary] had no special [...] Indeed, as the Supreme Court has recognized, re-litigation may have salutary effects such as when fresh evidence previously unavailable impeaches the original result or fairness dictates that the original result should not be binding in the new context: Toronto (City) v. Canadian Union of Public Employees (C.U.P.E.), Local [...] Apotex, or its privies, were part of the U.S. proceeding and it is difficult to conceive how it could not take advantage of that in preparing to deal with the amended claim.
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6,571.
Buhlman v. Buckley - 2011 FC 73 - 2011-01-20
Federal Court Decisions[11] This motion for summary judgment deals only with the issue of limitation of liability and whether the limits of liability set out in subsection 28(1) apply. [...] Section 28 deals with the situation where a claim is “involving a ship with a gross tonnage of less than 300 tons, other than claims mentioned in section 29”. [...] Section 29 deals with claims by passengers, either under a contract of carriage or in the absence of such a contract.
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6,572.
Les Résidences Majeau Inc. v. The Queen - 2009 TCC 286 - 2009-05-28
Tax Court of Canada Judgments[17] Mr. Majeau also explained that he had had to deal with certain constraints during construction, to comply, in particular, with municipal by-laws but also with regulations governing the height of public buildings, since the project had two storeys. [...] [10] . . . Cost or replacement cost do not indicate fmv where we are dealing with a home that is being constructed to a homeowner’s specifications. . . . [...] On the contrary, one of the developers said himself that the project, on an exceptional site, attracted a great deal of interest.
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6,573.
Kakonyi v. Canada (Public Safety and Emergency Preparedness) - 2008 FC 1410 - 2008-12-23
Federal Court Decisions[23] The PRRA officer did a detailed analysis of the applicants’ personal situation, having regard to the objective, recent documentary evidence obtained from reliable sources, dealing with the current situation in Hungary. [...] [36] Section 112 of the IRPA, which is in Division 3, dealing with the PRRA, provides that a person in Canada, other than certain persons, may, in accordance with the regulations, apply to the Minister for protection if they are subject to a removal order. [...] This is not simply a question of administrative convenience, but implicates the integrity and fairness of, and public confidence in, Canada's system of immigration control.
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6,574.
Gunn v. The Queen - 2005 TCC 437 - 2005-07-12
Tax Court of Canada JudgmentsDuring this period he did a great deal of work and spent a great deal of money improving the soil on these farms, with the addition to them of large amounts of fertilizer that had to be trucked long distances. [...] [14] While the Appellant has been serious about his farming from the beginning, and has throughout the years spent a very significant amount of his time on it, and invested a great deal of money in it, it has never displaced the practice of law as the activity that consistently takes up the major part of his time and [...] I have set out, fairly I hope and certainly at some length, the basis for the Respondent's policy-based argument that the test of Moldowan ought to be applied as it was by the trial judge to achieve Parliament's desired result.
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6,575.
Status-One Investments Inc. c. La Reine - 2004 TCC 473 - 2004-07-27
Tax Court of Canada Judgments(a) may prejudice or delay the fair hearing of the appeal; (b) is scandalous, frivolous or vexatious; or [...] Consequently, there is no reason to strike out any portion of the amended reply simply because that portion deals with an issue that was not raised in the Reply itself. [...] [22] The appellant claims that the facts set out in subparagraphs 11(uu) and (ww) may deal with taxpayers other than the appellant.