11,315 result(s)
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6,601.
Cobham v. Canada (Citizenship and Immigration) - 2009 FC 585 - 2009-06-04
Federal Court Decisions[24] I wish now to deal with Issue 3. [25] Issue 3 Did the officer err in law by failing to provide sufficient reasons for the conclusions she has drawn in the process of assessing the applicant’s permanent residence application? [...] [27] I am of the view that the applicant’s degree of establishment is an important factor in this case and therefore, the inadequacy of the reasons on this point bear on the fairness of the overall decision. [...] [29] Because of my finding on this point, I will not deal with the other matters in issue.
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6,602.
Canada (Attorney General) v. Montreuil - 2009 FC 22 - 2009-01-07
Federal Court DecisionsOn October 23, 2008, Prothonotary Morneau granted the motion and gave leave to the Chairperson to [translation] “to file and serve an affidavit [and] a memorandum, and to present oral arguments” dealing with the following issues: [...] -whether it has a duty to comply with the rules of natural justice and procedural fairness [including] whether it has a duty to hear the parties when exercising the [discretion] conferred on it by subsection 48.2(2) of the Act. [...] Although the Act creates a discrete and special administrative regime to deal with complaints of discrimination and establishes the Tribunal as a body having expertise in the area of human rights (subsection 48.1(2)), the interpretation of subsection 48.2(2) does not engage that expertise.
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6,603.
Chand v. Canada (Public Safety and Emergency Preparedness) - 2008 FC 548 - 2008-06-04
Federal Court DecisionsThe judge was also of the view that there was a significant degree of planning and premeditation involved in the offence and the circumstances lead him to the conclusion that Mr. Chand’s drug dealing was an ongoing one and had likely been so for an extended period of time. [...] Mr. Chand was also not involved in small time drug dealing or acting as a mere courier; Mr. Chand is a supplier for cocaine in multi-kilogram amounts. [...] [28] The Respondent submits that written reasons are not required in the context of a section 44(2) decision given the low level of procedural fairness accorded such administrative decisions: Lee v. Canada (Minister of Employment and Immigration), 2006 FC 158, noted with approval in Hernandez v. Canada (Minister of Public
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6,604.
Tesainer v. The Queen - 2008 TCC 101 - 2008-02-20
Tax Court of Canada JudgmentsA total of 93 partners invested in the project, and 74 of those, including the Appellants, participated in the lawsuit against the law firm that had acted for Fenix in its dealings with the securities commission. [...] [10] I will first deal with the primary and most difficult issue being whether the payments were on account of capital or damages or otherwise. [...] The formal judgment will include a recommendation that a request by Mr. and Mrs. Tesainer under the fairness provisions with respect to interest be given favourable consideration because of an unreasonable 10-year delay in the reassessing.
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6,605.
Plante v. Entreprises Réal Caron Ltée - 2007 FC 1104 - 2007-11-27
Federal Court Decisionsb) dans le cas d’un entrepreneur dépendant, a avec celui-ci des liens tels, selon le Conseil, que les modalités de l’entente aux termes de laquelle celui-ci lui fournit ses services pourrait faire l’objet d’une négociation collective. [...] It should be borne in mind that this judgment was rendered in connection with the Quebec Labour Code, R.S.Q., c. C-27, which deals with the negotiation of collective agreements between employers and employees. [...] [30] In view of my conclusions on this point, it will not be necessary to deal with the other points raised by the parties.
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6,606.
Sun World International Inc. v. Parmalat Dairy & Bakery Inc. - 2007 FC 641 - 2007-06-20
Federal Court Decisions[22] I will deal first with the jurisdiction of the Court to amend the Statement of Opposition under Rule 75(1). [...] [26] It is clear from a fair reading of Rules 71 – 79 that a “document” within the meaning of Rule 75 is a pleading, an originating document, or a document required to be filed pursuant to the Federal Courts Rules, in a Federal Court proceeding. [...] The CCPE case does not assist as the motion in that case was dismissed without the Court dealing with the amendment to the Statement of Opposition, or considering the jurisdiction of the Court to do so on appeal.
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6,607.
Farkas v. Canada (Citizenship and Immigration) - 2007 FC 277 - 2007-03-09
Federal Court Decisions• The Applicant was dealt with fairly and in accordance with the rule of law by the Hungarian court. [...] The case before me does not deal with a foreign pardon. Nor was there any dispute at the hearing as to the meaning of the Hungarian law. [...] In Pushpanathan, the Supreme Court was dealing with exclusions under Article 1F(a) and Article 1F(c) – not Article 1F(b) (which is the case here).
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6,608.
Servier Canada Inc. v. Canada (Health) - 2007 FC 196 - 2007-02-21
Federal Court Decisionsa) l’objet de la modification est de faire concorder le document avec les questions en litige à l’audience; [...] Thus, the Applicants claim that the amendments they seek to make to their Original Application are justified, as a change of circumstance has taken place, and the amendments would allow the Court to deal with the issues at stake in the most efficient and economical manner. [...] [16] Before I move on to analyzing the arguments of the parties, I must point out that I have limited myself to dealing with the arguments that the parties have presented in their written submissions and which they have backed up by their main oral arguments.
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6,609.
Russell v. Canada (Attorney General) - 2006 FC 1209 - 2006-10-11
Federal Court DecisionsFor example, in Cardinal v. Director of Kent Institution, [1985] 2 S.C.R. 643, Le Dain J. pointed out the minimal or essential requirements of procedural fairness in the circumstances must be "fully compatible with the concern that the process of prison administration, because of its special nature and exigencies, should [...] [18] Here we are clearly dealing with both obligations. First, I can see no argument as to why a police record should not be kept under s. 23(10 (a) of the CCRA. Indeed, Section 10 of the CSC’s Standard Operating Practice 700-02 mandates the keeping of such information. [...] Not only did he not offer any support for his contention, but it seems to me that having this sort of information readily available is especially important where, as in this case, Mr. Brown is serving a lengthy sentence, and may be required to deal with a variety of Correctional Service personnel over the life of his
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6,610.
Bourgault Industries Ltd. v. The Queen - 2006 TCC 449 - 2006-08-04
Tax Court of Canada Judgments4. The plaintiff is entitled to such damages as will provide fair and reasonable compensation for any loss suffered by the plaintiff as a result of the infringing acts of the defendant. [...] [19] The order of the trial judge did not deal with the quantum of either damages or an accounting of profits as this was to be dealt with in a separate hearing. [...] [37] The appellant suggests that its position is supported by various decisions dealing with consensual settlements in intellectual property transactions.
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6,611.
Canadian Copyright Licensing Agency v. Apex Copy Centre - 2006 FC 470 - 2006-04-07
Federal Court Decisions434. (1) Un bref d'exécution ne peut être délivré sans l'autorisation de la Cour pour faire exécuter une ordonnance dans les cas suivants : [...] Notwithstanding that ancient heritage, the part of the Rule dealing with the issuance of execution where a change has occurred in the party liable under the original order does not appear to have ever been judicially considered in Canada and has only been obliquely mentioned in a handful of English authorities. [...] The old method of dealing with such a case was for the executors to issue a scire facias or a writ of revivor to enforce the judgment in their favour.
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6,612.
Algoma Taxicab Management Ltd. v. M.N.R. - 2006 TCC 71 - 2006-02-03
Tax Court of Canada JudgmentsMr. Buck's policy is to ensure for all drivers fair assignment of calls for taxi service. [...] [10] Counsel for the Respondent placed a great deal of emphasis on the Rental Agreement, and in particular the list of prohibited conduct and required conduct for drivers found in Appendix A, as showing that the employer had the right to and did exert considerable control over the manner in which the drivers performed their [...] There are also provisions in the Appendix dealing with reimbursement by the driver to the Appellant of the insurance deductible in the event of an accident, and requiring them to take collision prevention and skid control courses.
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6,613.
Youden v. Canada (Attorney General) - 2005 FC 1696 - 2005-12-15
Federal Court Decisions26. The Board has full and exclusive jurisdiction to hear, determine and deal with all appeals that may be made to the Board under section 25 or under the War Veterans Allowance Act or any other Act of Parliament, and all matters related to those appeals. [...] [20] There is a great deal of evidence regarding the nature of the applicant's inversion sprains of the right ankle. [...] The poor foot mechanics being referred to by Dr. Taylor are the high arch of the applicant's feet when not weight bearing, but the fairly low arch with hyperpronation of the hind foot when weight bearing.
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6,614.
Nguyen c. La Reine - 2005 TCC 697 - 2005-11-04
Tax Court of Canada JudgmentsIn addition, the Taxpayer waives the right to request the cancellation of interests [sic] and/or penalties in respect of the Fairness Package per subsection 220(3.1) of the Income Tax Act. [...] [15] In his testimony, he said that he was involved in several business dealings in 1997, among them the sale of Bombardier regional aircraft to the Government of Vietnam, the sale of steel to Russia and Vietnam, and the sale of cement in North Africa. [...] ...We deal here with a public authority which is under a duty to collect taxes from persons under a duty to pay them and who are subject to penalties for failure to pay and to criminal prosecution for wilful or fraudulent tax evasion.
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6,615.
A.B. v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1248 - 2005-09-13
Federal Court Decisions70. (1) Sous réserve des paragraphes (4) et (5), les résidents permanents et les titulaires de permis de retour en cours de validité et conformes aux r_glements peuvent faire appel devant la section d'appel d'une mesure de renvoi ou de renvoi conditionnel en invoquant les moyens suivants: [...] It was the only piece of objective evidence dealing with the likelihood of the Applicant's recidivism by someone who had observed his conduct since 1999. [...] Yet, the IAD does not deal with it specifically. [26] This was extremely important evidence that favored the Applicant and conflicted with the IAD's conclusions on the likelihood of his re-offending.
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6,616.
Canada (Attorney General) v. Assh - 2005 FC 734 - 2005-05-24
Federal Court DecisionsCounsel for the Attorney General of Canada confirmed that the proceeding for judicial review is simply in abeyance and the Attorney General accepts that that remedy can be pursued by the respondent should this present application determine that the adjudicator had no jurisdiction to deal with the matter under section 92. [...] (i) a provision of a statute, or of a regulation, by-law, direction or other instrument made or issued by the employer, dealing with terms and conditions of employment, or [...] On an application for judicial review to the Trial Division under section 18.1 of the Federal Court Act, the Court can be asked to review the fairness of the administrative process, the rationality of material findings of fact, and the lawfulness of the decision or action in question.
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6,617.
Houle c. La Reine - 2004 TCC 652 - 2004-10-29
Tax Court of Canada Judgments(viii) that the Applicant's salary was seized by the Agency toward the end of October or beginning of November 2003, and that Mr. Bilodeau entrusted Chantal Amiot, a tax expert employed by Mr. Fradette, with dealing with the problem of the Applicant's salary being seized; [...] (iii) that given the circumstances of the case, it would be fair and equitable to grant the request. [...] 2003 and that he entrusted Ms. Amiot with producing the notices of objection to these assessments and to deal with the problem of the salary being seized, how is it that Ms. Amiot did not allege these facts, which are crucial to the case, in her application for extension of time (Exhibit R-2) dated November 11, 2003.
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6,618.
Glueckler Metal Inc. v. The Queen - 2003 TCC 256 - 2003-04-17
Tax Court of Canada JudgmentsThe actual deal makers, Mr. Hunt and Mr. Glueckler, did not testify. Although their evidence would have been preferable, the Appellant has met its onus and I find there was an income earning purpose for the expenditure. [...] The approved principle is that whichever method presents the "truer picture" of a taxpayer's revenue, which more fairly and accurately portrays income, and which "matches" revenue and expenditure, if one method does, is the one which must be followed. [...] It was through their recommendation and in particular, that of Mr. Barltrop, that a deal was struck.
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6,619.
Ayangma v. Canada - 2003 FCA 149 - 2003-03-20
Federal Court of Appeal DecisionsIt further held that the elimination of the appellant from the competition was fair and equitable considering the appellant had not demonstrated that he had the experience required for the position. [...] [16] In dealing with the two motions for summary judgments, Blanchard J. set the issues by asking: (1) whether the respondent had a genuine issue for trial with respect to Her defence, and (2) whether the appellant had a genuine issue for trial with respect to his claim. [...] [32] The appellant submits that even if the Court should conclude that it has no jurisdiction to deal with a breach of language right such as the one at issue, the Court should nevertheless assume jurisdiction rather than leaving the breach to be committed with impunity (appellant's Memorandum of Fact and Law, para. 84).
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6,620.
Dodge v. Johnson - 2003 FCT 36 - 2003-01-16
Federal Court Decisions[15] However, it is clear from the record, including the cross-examination of the Applicant upon the affidavits filed for use in this motion, that no meeting of the Council has been called to deal with the matter of the outstanding funding arrangements and that he has not signed any documents in connection with the funding [...] The applicant there contested whether the decision to remove him from Council and hold a byelection was made in a fair, non-biased manner. [...] [29] It is not appropriate, in my opinion, to deal with these matters on an interlocutory basis.
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6,621.
Singh v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 347 - 2002-03-28
Federal Court Decisions... d) soit ne se conforment pas aux conditions prévues à la présente loi et à ses règlements ou aux mesures ou instructions qui en procèdent, soit ne peuvent le faire. [...] The appropriate standard of review of the Appeal Division's decision is one of correctness when it is dealing with a question of law and the standard of review when dealing with questions of mixed fact and law is reasonableness simpliciter.
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6,622.
Union des Producteurs Agricoles c. Canada (Food Inspection Agency) - 2001 FCT 1432 - 2001-12-24
Federal Court Decisions[7] According to the Institute, it is agitating for the CFIA to show some intention of resolving the dispute and returning to the bargaining table with a fair and reasonable offer which the bargaining team could pass on to members, before veterinarians in other regions of the country join their colleagues on the picket [...] [21] According to Sopinka and Cory JJ. in RJR-MacDonald Inc., supra, the word "irreparable" deals with the nature of the harm suffered rather than its extent. [...] The affidavits filed by the federations deal with the question of irreparable harm.
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6,623.
Momcilovic v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 998 - 2001-09-06
Federal Court DecisionsThe practice when dealing with affiants who cannot read the language in which an affidavit is written, as reflected by Rule 80 of the Federal Court Rules, is to include an affidavit from the interpreter attesting that the affidavit was translated. [...] That is the safety valve for dealing with evidence of the type in issue. [...] This, of course, does not negate the tribunal's right to control its own proceedings (according to its rules and the law) by according a fair hearing at a later time, upon notice to all, to receive and consider some piece of evidence which is known to have been sought and is on its way to an adjourned session of the
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6,624.
Morrison v. The Queen - 2000-05-19
Tax Court of Canada Judgments[11] This raises a question that I should deal with briefly. Section 118.3 provides that to be entitled to a disability tax credit a taxpayer must, among other things, file a certificate in prescribed form by a medical doctor certifying that the individual has a severe and prolonged mental or physical impairment the effects [...] That analysis defies all standards of fundamental fairness. [15] It should be noted that the Department of National Revenue routinely ignores “yes” answers by doctors. [...] Section 118.3 is an important section and it means a great deal to many small taxpayers.
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6,625.
Allen v. The Queen - 1999-08-12
Tax Court of Canada Judgments[3] Before dealing with the rest of the evidence not covered by the agreed statement of facts, it is important that the basis of the assessment and the position of the respondent be clearly set out. [...] The type and size of apartment depended on whether the unit was type A, B, C, D, or E. Since the acquisition of an apartment by a partner would constitute a disposition of the apartment at fair market value and result in a credit to the pool of undepreciated capital cost, with an ultimate potential at some future date of [...] We are dealing here with two individuals who have invested, through a limited partnership, in a perfectly viable business that started making a profit in the second year.