11,315 result(s)
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6,751.
Haque v. Canada (Public Safety and Emergency Preparedness) - 2023 FC 847 - 2023-06-15
Federal Court Decisions[25] In elections since 1996, both the BNP and the Awami League had agreed to allow a caretaker government to oversee elections, to ensure the elections were free and fair. [...] The most notorious hartal at issue here was called out of a concern for electoral fairness.” [...] Counsel cites its expert as stating that the intention was not to overthrow the government, but to compel the AL [Awami League] to organize new, free, and fair elections.
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6,752.
Yuan v. Canada (Citizenship and Immigration) - 2018 FC 755 - 2018-07-18
Federal Court Decisionsi) Did the RPD member breach the duty of procedural fairness and natural justice in refusing to recuse himself; and [...] Further, that the Member’s conduct at the de novo hearing was not consistent with the appearance of fairness. [...] ........ [38] There is not a great deal of jurisprudence concerning s 107.1.
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6,753.
Kuhathasan v. Canada (Citizenship and Immigration) - 2008 FC 457 - 2008-04-09
Federal Court Decisions2. Did the Officer breach the rules of procedural fairness in not confronting the Applicants with her concerns? [...] 2. Did the Officer breach the rules of procedural fairness in not confronting the Applicants with her concerns? [...] On these facts, fairness required the Officer to give the Applicants some kind of opportunity to address her concerns.
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6,754.
Miller v. Canada (Solicitor General) - 2006 FC 912 - 2006-07-24
Federal Court DecisionsThere is extensive case law from the Federal Court on procedural fairness in immigration processing. [...] This is the minimum required to meet the duty of fairness and fulfill the requirements of fundamental justice under s. 7 of the Charter. [...] 2. The second part of the submission must deal with the immigrant application and humanitarian and compassionate (H & C) considerations;
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6,755.
Segasayo v. Canada (Public Safety and Emergency Preparedness) - 2007 FC 585 - 2007-06-05
Federal Court DecisionsIn doing so, I rejected the argument that the applicant’s right to procedural fairness was violated. [...] While consideration of a person being a danger to the public in Canada might also be included (although there are other provisions dealing specifically with such matters), surely complicity in the acts of the offending government is the most obvious consideration. [...] . . . ¶ 51 I have concluded on the basis of the above considerations that there was no breach of the duty of fairness.
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6,756.
Brace v. Canada - 2021 FCA 136 - 2021-07-09
Federal Court of Appeal Decisions3. In retrospect and upon further analyzation I realize that in fairness to myself I have used a rate that is far too low. [...] The Appellant then provided a comprehensive background and outline of the merits of the appeal, the underlying Tax Court of Canada matter and various dealings with the Canada Revenue Agency. [...] In fact, I have handed myself the short end of the stick specifically so that it cannot be said that I have not been fair.
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6,757.
Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research - 2021 FC 42 - 2021-01-12
Federal Court DecisionsThis Court’s approach is to take into consideration the letter of the FCA Reasons as well as giving those words a fair and liberal interpretation consistent with the FCA Reasons. [...] [13] Where the FCA found error, it made the point clearly – see FCA Reasons, para 73 dealing with anticipation. [...] As Dr. Tugwell fairly conceded, whether MTX would have any effect on immunoglobulin response for a new biologic was “not known” at that time.
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6,758.
Laliberté v. The Queen - 2018 TCC 186 - 2018-09-12
Tax Court of Canada JudgmentsCirque du Soleil was not added as a party even though substantial revisions were made to the Space Adventure draft dealing with the ability of the Appellant to promote Cirque du Soleil and One Drop. [...] z) M. Laliberté’s description of himself in his testimony to the Court as “the person chosen by Cirque and One Drop to go there” was very far from a fair characterization of the evidence. [...] [12] M. Blain said he just thought these transactions resulted in a fair allocation to Dubai World.
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6,759.
Rusznyak v. Canada (Citizenship and Immigration) - 2014 FC 255 - 2014-03-14
Federal Court DecisionsThe PIF stated that the mayor refused to deal with it, while Ms. Rusznyak testified that the Mayor said he would speak with the pub owner but she did not know whether he actually intervened. [...] However, I don’t think Justice Gagné was dealing in Jackson with quite the same issue as is before me. [...] However, the Applicant is entitled, as a matter of fairness and the rendering of a full decision, to an explanation of why this particular member, reviewing the same documents on the same issue, could reach a different conclusion.
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6,760.
Canada (Citizenship and Immigration) v. Tobar Toledo - 2013 FCA 226 - 2013-09-25
Federal Court of Appeal Decisions[46] Although the Act establishes a comprehensive scheme for dealing with immigration and refugee protection applications, in comparison with the courts, the Minister and his agents do not have any greater expertise on questions pertaining to the interpretion of the part of the Act that deals with the examination of claims [...] [61] The meaning of paragraph 101(1)(b) seems fairly clear, although there appears to be a slight difference between the English and French versions. [...] If this is not the case, the comparison is not a fair one. However, there is nothing in the record suggesting that the candidates in the two cases face the same risks in the same proportions.
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6,761.
Kante v. Canada (Public Safety and Emergency Preparedness) - 2007 FC 109 - 2007-02-02
Federal Court DecisionsAccordingly, this Court should not take it into consideration in dealing with the application for leave or in considering the merits of a motion incidental to this application, such as the stay motion. [...] Referring to Sopinka J. in Chiarelli v. Minister of Employment and Immigration (1992), 135 N.R. 161, though dealing with an extradition case he wrote at page 182: [...] 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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6,762.
Merck Frosst Canada Ltd. v. Canada (Health) - 2006 FC 1201 - 2006-10-12
Federal Court DecisionsAccompanying that notice were 335 pages of records from which a great deal more information was deleted than was the case in the records accompanying the August 16, 2000 letter. [...] However, if the government institution intends to disclose all or part of the records, the Act and the principles of procedural fairness require that the applicant be given prior notice so that it may make representations. [...] [83] In short, the purpose of this procedure is to require the respondent to consult the applicant after a fairly cursory examination of the records, to take the applicant’s recommendations into account and, if it decides not to follow those recommendations, to explain why.
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6,763.
Lapierre v. Les Équipements d'Érabliere C.D.L. Inc. - 2004 FC 552 - 2004-04-08
Federal Court Decisions(b) Adherence to the language of the claims in turn promotes both fairness and predictability. [...] A "purposive" construction of the claims ensures that both the patentee and the public are treated fairly. [...] Predictability is assured by the fact that the claims are binding on the patentee; fairness results from the informed and purposive construction of the claims.
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6,764.
Lallier v. The Queen - 2000-07-20
Tax Court of Canada JudgmentsLe contribuable se fait un devoir et une obligation de remettre à la société son savoir pour en faire un meilleur endroit. [...] [28] Counsel for the Respondent cited three of the classic cases dealing with this issue. [...] [48] I will deal first with the services he provided to Concordia on a part-time basis.
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6,765.
Ottawa Air Cargo Centre Ltd. v. The Queen - 2007 TCC 193 - 2007-04-13
Tax Court of Canada JudgmentsIn so doing, Mr. Sanders expressly stated that the Appellant's rights to deal with such issues in a notice of appeal, if filed, were not limited. [...] (ii) shares of the capital stock of the payer corporation having a fair market value of more than 10% of the fair market value of all of the issued shares of the capital stock of the payer corporation. [...] Subsection 55(2) deals with certain intercorporate dividends that are ordinarily tax-free.
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6,766.
Defence Construction Canada Ltd. v. Girard - 2005 FC 1177 - 2005-08-29
Federal Court Decisions(3) The Minister may extend the period of time referred to in subsection (2) where the Minister is satisfied that a complaint was made in that period to a government official who had no authority to deal with the complaint but that the person making the complaint believed the official had that authority. [...] The adjudicators selected under the authority of the Canada Labour Code, in particular, have extensive experience and detailed knowledge of the labour relations milieu, and deal with these questions much more often than the Federal Court. [...] To this extent, it can be said that the remedial nature of the provisions at the source of this case call for a fairly large degree of deference.
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6,767.
Uview Ultraviolet Systems Inc. v. Brasscorp Ltd. - 2009 FC 58 - 2009-03-03
Federal Court Decisions(1) The Patent Act and purposive construction promote adherence to the claims, which in turn promotes fairness and predictability [...] [162] I wish to first deal with claims 1, 2, 3, 4, 7, 8, 9 and 10 of the ‘673 Patent. [...] I retain jurisdiction to deal with the costs issue. AMENDED JUDGMENT
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6,768.
Apotex Inc. v. Canada - 2014 FC 1087 - 2014-11-18
Federal Court Decisions[15] In the present case, we are dealing with the period from 1988 to 1995. [...] • HPB’s manner of dealing with Apotex was maladroit, at times dissembling. [...] This is going back - 200 thousand is probably a fair estimate but I don’t know [emphasis added]
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6,769.
Johns Manville International, Inc. v. Canada (Deputy Minister of National Revenue) - 1999-03-18
Federal Court DecisionsTherefore, the applicant maintains, in refusing to disclose the information requested, the applicant has acted in breach of the duty of fairness. [...] However, in case I am wrong on this, and in view of the submissions of counsel on the issue, I shall deal with it in these reasons. [...] [54] Does the duty of fairness require the respondent to disclose to the applicant the DAS and related worksheets?
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6,770.
The Estate of Charles Pilfold v. The Queen - 2013 TCC 181 - 2013-06-10
Tax Court of Canada JudgmentsThe Co‑op represents the fishers, ensuring that they are dealt with honestly and fairly. ... [...] It was unclear how much time he spent here, though it was the address he used for his dealings with the CRA, including the filing of returns. [...] Dealing with the Department of Fisheries and Oceans likewise was off-Reserve in Vancouver.
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6,771.
Kreuz v. The Queen - 2012 TCC 238 - 2012-07-05
Tax Court of Canada JudgmentsIt was not the first time that she had to deal with the issuance of T2200 forms. [...] [12] The doctrine of res judicata, which provides finality to the litigation and fairness to the parties to the litigation, has two branches: cause of action estoppel and issue estoppel. [...] I am not dealing with a procedure that “would bring the administration of justice into disrepute”.
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6,772.
Dokaj v. Canada (Minister of National Revenue) - 2005 FC 1437 - 2005-10-24
Federal Court DecisionsConsequently, the Court is without jurisdiction to deal with an appeal of the section 29 decision. [...] The Court is precluded from dealing with any other issues on such statutory appeals including reviews of decisions rendered by the Minister in relation to sanctions. [...] One deals with contravention; the other deals with penalty and forfeit.
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6,773.
Arc-En-Ciel Produce Inc. v. BF Leticia (Ship) - 2022 FC 843 - 2022-06-07
Federal Court DecisionsDivergences in the law began to appear where previously it had been fairly uniform. [...] Unlike the Hague-Visby Rules, they included provisions dealing with arbitration and jurisdiction clauses. [...] The Cargo Claimant pleads, relying on Douez, that public policy considerations must enter into consideration, along with such elements as the convenience of the parties, fairness and the interests of justice.
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6,774.
Wu v. Canada (Citizenship and Immigration) - 2024 FC 1344 - 2024-08-29
Federal Court DecisionsNoted previous refusals, The IELTS submitted: listening 5.5 reading 4.5 writing 5.5 speaking 6.0 overall 5.5 reading 4.5 Test takers at Band 4.0 typically have a limited ability to deal with straightforward factual and opinion-based texts. [...] [10] As the unreasonableness of the Decision is both clear and determinative there is no need to address the procedural fairness argument.
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6,775.
Birchcliff Energy Ltd. v. Canada - 2017 FCA 89 - 2017-04-28
Federal Court of Appeal DecisionsSimilarly, the failure to object to any procedural fairness deficiency below constitutes waiver: High-Crest at paras. 102-103. [...] [11] Were I writing for a majority of this Court in this case, I would now go on to deal with the substantive merits of the appeal.