11,315 result(s)
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6,626.
Hayden Manufacturing Co. v. Canplas Industries Ltd. - 1998-12-16
Federal Court DecisionsSuch deference should be shown unless the prothonotary's decision is: (1) clearly wrong in the sense that the decision was based on either a wrong principle of law or a misapprehension of the facts; or (2) deals with a matter vital to the final issues of the case. [...] The principle for determining what document properly relates to the matters in issue is that it must be one which might reasonably be supposed to contain information which may directly or indirectly enable the party requiring production to advance his own case or to damage the case of his adversary, or which might fairly [...] [15] In my opinion, this practice, if adopted in cases such as this, would greatly enhance the capacity of both the Prothonotary (Rule 50(2)) and the Court to deal with the failure of a party to answer questions on discovery.
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6,627.
Urbandale Realty Corporation v. Canada - 1997-05-23
Federal Court Decisions...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 that must be followed. [...] Bonner, T.C.J., deals with the plaintiff's argument based on property tax in one single paragraph, the last paragraph of his decision, which reads as follows: [...] In view of my conclusions that the development charges cannot be treated as a current expense for the purpose of computing the plaintiff's income under section 9 of the Act and that subsection 18(2) does not authorize the current deduction of property taxes, it is not necessary to deal with the defendant's alternative to
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6,628.
Majdalani v. Canada (Citizenship and Immigration) - 2015 FC 294 - 2015-03-09
Federal Court DecisionsThe Supreme Court did not dictate the content of procedural fairness, but it identified guiding factors to determine the content of the duty of fairness. [...] 26 The discharge of a visa officer's duty of fairness must be assessed on a case-by-case basis. [...] This evidence is summarized in the section of these reasons dealing with procedural fairness and need not be repeated.
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6,629.
Iggillis Holdings Inc. v. Canada (National Revenue) - 2016 FC 1352 - 2016-12-07
Federal Court Decisions[13] Nevertheless, the consequences of CIP in this case caused the Court concerns in terms of fairness due to its impact if applied in a legal process challenging the Transaction. [...] Indeed, the solicitors may represent more than one party to the deal. [...] [179] In terms of procedural fairness, the parties have been provided with the decision for the purpose of seeking their comments.
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6,630.
Simmons v. Canada (Attorney General) - 2021 FC 202 - 2021-03-04
Federal Court Decisions(“ITA”), deductions for charitable gifts are limited to the fair market value of the gifts. [...] Consequently, the CRA went ahead and conducted a new fair market value assessment of the donation. [...] The legislation gives the CRA the ability to administer the income tax system fairly and reasonably.
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6,631.
Kalkat v. Canada (Citizenship and Immigration) - 2012 FC 646 - 2012-05-28
Federal Court DecisionsIn fairness to all concerned, it will be included as part of the record. [...] of procedural fairness? (1) The Legal Concept of Judicial Impartiality [...] For all these reasons, the appeal of the citizenship judge is granted and it will not be necessary to deal with the second issue raised before this Court.
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6,632.
Julien v. Canada (Attorney General) - 2008 FC 115 - 2008-01-31
Federal Court Decisions[11] How the committee deals with information is also set out in the procedures: [...] Did the Committee breach its duty of procedural fairness? [29] The applicants allege that the Committee breached the rules of procedural fairness. [...] [48] The procedure followed by the Committee in reaching its conclusion did not breach its duty of procedural fairness.
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6,633.
Kreishan v. Canada (Citizenship and Immigration) - 2018 FC 481 - 2018-05-04
Federal Court Decisions4. Les parties ne peuvent ni l’une ni l’autre revoir une décision attestant qu’une personne peut faire l’objet d’une exception prévue par les articles 4 et 6 du présent accord. [...] The pressing and substantial objectives are to balance fairness and efficiency while securing borders and co-operating with the United States. [...] Third, he submits that the effects of paragraph 110(2)(d) are proportional; refugee claimants have their claims fairly assessed before the RPD .
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6,634.
Liu v. Canada (Citizenship and Immigration) - 2009 FC 877 - 2009-09-08
Federal Court DecisionsThe Officer also decided it was unlikely that Mr. Liu would receive a fair trial for fraud. [...] a) il n’est pas nécessaire de faire d’évaluation au regard des éléments mentionnés aux sous-alinéas 113d)(i) ou (ii) de la Loi; [...] In addition there continued to be reports that police and other elements of the security apparatus employed widespread torture and degrading treatment when dealing with detainees and prisoners.
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6,635.
Enigmatus, S.R.O. v. Playtika Ltd. - 2024 FC 751 - 2024-05-17
Federal Court DecisionsI deal with each element in turn below. [64] A fundamental or minimum threshold to establishing goodwill or reputation is the existence of enforceable trademark rights: Hamdard Trust, above at para 49. [...] I deal with each in turn below. (a) Slotopoly.com Domain [86] Contrary to the Plaintiff’s submissions, use of a domain name per se, in my view, is not in itself trademark use, even if it resolves to a website that promotes goods and services. [...] I turn next, however, to a consideration of the Plaintiff’s asserted likelihood of confusion between the SLOTOPOLY and SLOTOMANIA Marks, because it is necessary to deal with the Defendants’ counterclaim.
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6,636.
Dahlander v. CBC / Société Radio-Canada - 2022 FC 1245 - 2022-08-30
Federal Court DecisionsIn my view, the issue of the duty to assist is one of procedural fairness. [...] The law then says that in fairness and consistency, it must be entirely waived. [...] She states that the Adjudicator did not explain to her how the October 19, 2021 hearing would proceed and simply said that it would deal with the issue of the transaction and that it would last approximately two hours.
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6,637.
Rrustemaj v. Canada (Citizenship and Immigration) - 2020 FC 200 - 2020-02-05
Federal Court Decisions• 1) Did the RAD breach the Applicant’s right to procedural fairness? [...] (1) Procedural Fairness [39] Though the Applicant argues several issues of procedural fairness, the Respondent submits that these issues concern the RAD’s assessment of the evidence. [...] 5.3.3 The USSD’s report for 2016 stated that ‘Police often did not have the training or capacity to deal effectively with domestic violence cases.’
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6,638.
Marchand Syndics Inc. v. Laperrière - 2004 FC 1584 - 2004-11-10
Federal Court DecisionsIt was not fair that the respondent was suggesting the imposition of conservatory measures after only six months. [...] (a) direct a person to deal with property of the estate described in the direction in such manner as may be indicated in the direction, including the continuation of the administration of the estate; [...] [80] With these principles in mind, I am going to analyze the OSB's breaches of procedural fairness as alleged by the applicants.
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6,639.
Rahimi v. Canada (Citizenship and Immigration) - 2017 FC 758 - 2017-08-04
Federal Court Decisions[10] On November 17, 2015, the Embassy sent a Procedural Fairness Letter [PFL] to Dr. Rahimi expressing the following concerns: [...] There, the Court found the standard of review of a visa officer dealing with a humanitarian and compassionate application for permanent residence was that of reasonableness (at para 44). [...] This is a question of procedural fairness and is therefore reviewed on a standard of correctness.
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6,640.
Taylor v. Canada (Minister of Citizenship and Immigration) - 2006 FC 1053 - 2006-09-01
Federal Court Decisions[143] Part II of the 1970 Citizenship Act deals with Canadian citizens other than natural-born. [...] The 1947 Citizenship Act is a law of general application dealing with citizenship. [...] Procedural fairness demands that David (the grandfather) be given a chance to appear and make representations as to his right to Canadian citizenship.
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6,641.
Bigeagle v. Canada - 2021 FC 504 - 2021-05-28
Federal Court Decisions[118] Given that the Plaintiff does not meet the other two branches there is no need to deal with branch 3. [...] This might involve identifying job positions, an organizational branch, an office, or a building in which those dealing with the matter worked. [...] (i) would fairly and adequately represent the interests of the class,
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6,642.
Laboratoires Servier v. Canada (Health) - 2015 FC 108 - 2015-02-16
Federal Court DecisionsIt is important that the patent system be fair as well as predictable in its operation. [...] The public is entitled to rely on the words used provided the words used are interpreted fairly and knowledgeably. [...] That paragraph evidently deals with the third essential element. It reads:
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6,643.
Swaminathan v. Canada (Citizenship and Immigration) - 2007 FC 86 - 2007-01-25
Federal Court Decisions[27] A potential breach of procedural fairness is reviewed upon a correctness standard. [...] Did the Board breach the principles of procedural fairness? Aggressive Questioning [...] [37] Because of my finding on this issue, I need not deal with the other issues raised by the applicant.
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6,644.
Srikrishnarajah v. Canada (Minister of Citizenship and Immigration) - 2006 FC 1406 - 2006-11-24
Federal Court Decisions[16] The Board noted that the recent elections in Sri Lanka were mostly fair, and that all elements of society were represented in Parliament. [...] It was also submitted that administrative convenience should not trump reasonable expectations or procedural fairness. [...] (2) Each Division shall deal with all proceedings before it as informally and quickly as the circumstances and the considerations of fairness and natural justice permit.
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6,645.
Leblanc v. Canada (Attorney General) - 2006 FC 1337 - 2006-11-07
Federal Court Decisions(the CCRA) deals with information to be given to offenders. With its noted exceptions, the relevant portions of this section state as follows: [...] CUPE directs a court, when reviewing a decision challenged on the grounds of procedural fairness, to isolate any act or omission relevant to procedural fairness (at para. 100). [...] This procedural fairness element is reviewed as a question of law. No deference is due.
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6,646.
F. Hoffman-La Roche AG v. Canada (Commissioner of Patents) - 2003 FC 1381 - 2003-11-25
Federal Court DecisionsIt suggests that notice is required as part of the Commissioner's duty to treat patent holders fairly. [...] [31] I do not see this as a situation where the duty of fairness requires notice prior to a decision being taken. [...] The case law cited by the applicant deals with the duty imposed on decision-makers to provide notice and receive submissions from affected parties before making determinations on matters of considerable substance.
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6,647.
Dynamic Industries Ltd. v. The Queen - 2004 TCC 284 - 2004-04-13
Tax Court of Canada JudgmentsS.I.I.L. paid Dynamic's invoices fairly regularly. The documents found at Tabs 10 and 19 were identified by this witness and placed into evidence. [...] Dynamic was doing work in British Columbia that was fairly unique to Dynamic but this witness could still hire someone else to replace him. [...] [202] Again, we are dealing with the specific years in question and not what happened in other years.
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6,648.
Pilarski v. Canada - 2024 FCA 60 - 2024-03-21
Federal Court of Appeal Decisions[7] Before us, the appellant said the Tax Court’s decision to decide the motion in writing prejudiced him because his health conditions limit his ability to deal with written material. [...] [8] Both the Tax Court and this Court have a duty to ensure that litigants with disabilities are accommodated, to ensure that they receive the same level of procedurally fair justice as that accorded to other Canadians: Haynes v. Canada (Attorney General), 2023 FCA 158 at paras. 18-32.
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6,649.
Pena Torres v. Canada (Citizenship and Immigration) - 2011 FC 500 - 2011-04-28
Federal Court Decisions[13] In Canada (Minister of Citizenship and Immigration) v Thanabalasingham, 2004 FCA 4, [2004] 3 FCR 572, the Court of Appeal was dealing with 30-day detention reviews. [...] It was held that the decision breached the principles of fairness in that the decision did not address the contrary earlier findings.
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6,650.
Canada v. Collins & Aikman Canada Inc. - 2010 FCA 251 - 2010-09-29
Federal Court of Appeal Decisions[3] Nor are we persuaded that, for the purposes of applying GAAR, the scheme of the Income Tax Act should be interpreted effectively to bar a foreign corporation – in this case Collins & Aikman Products Co. (the United States corporation referred to as “Products”) – from dealing as it liked with shares of a corporation [...] Therefore, Products having sold its CAHL shares for fair market value consideration, we see nothing abusive about requiring the legal consequences of that sale to be recognized for fiscal purposes and to govern the Canadian income tax consequences, even though the consideration was not paid in cash and the intended result