11,315 result(s)
-
6,776.
Hassouna v. Canada (Citizenship and Immigration) - 2016 FC 1084 - 2016-09-27
Federal Court DecisionsThis is reinforced by his admission on cross-examination that he “is no better placed than a Federal Court Judge with a proper factual foundation to reach a conclusion on the fairness of this [revocation] process.” [...] [10] Paragraphs 29 and 30, which the Minister seeks to have struck, deal with the Pre-Removal Risk Process.
-
6,777.
Besner v. Canada (Attorney General) - 2008 FCA 191 - 2008-05-27
Federal Court of Appeal Decisions[3] The basis of his application for judicial review of the dismissal of his complaint by the Commission is that it failed to conduct a sufficiently thorough investigation and, accordingly, its decision must be set aside as made in breach of the duty of fairness. [...] [9] First, the duty to investigate requires the Commission to deal with the essential or fundamental aspects of a complaint.
-
6,778.
Ramautar v. Canada (Citizenship and Immigration) - 2007 FC 1003 - 2007-10-04
Federal Court Decisions(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.
-
6,779.
Laboratoires Servier v. Apotex Inc. - 2006 FC 1405 - 2006-11-20
Federal Court Decisions[6] In Sierra Club, the Court was dealing with a motion for a confidentiality order under rule 151 in a context that is very different from ours. [...] (b) the salutary effects of the confidentiality order, including the effects on the right of civil litigants to a fair trial, outweigh its deleterious effects, including the effects on the right to free expression, which in this context includes the public interest in open and accessible court proceedings.
-
6,780.
Rodriguez Martinez v. Canada (Minister of Citizenship and Immigration) - 2006 FC 274 - 2006-03-02
Federal Court Decisions· she put forth new grounds - that her boss was involved in illicit dealings of which she had knowledge - without satisfactory explanation for not disclosing this basis sooner; [...] 107. (2) Si elle estime, en cas de rejet, qu'il n'a été présenté aucun élément de preuve crédible ou digne de foi sur lequel elle aurait pu fonder une décision favorable, la section doit faire état dans sa décision de l'absence de minimum de fondement de la demande.
-
6,781.
Hisseine v. Canada (Minister of Citizenship and Immigration) - 2005 FC 388 - 2005-03-18
Federal Court DecisionsIndeed, his H & C application is devoid of any allegation of personal risk were the applicant be returned to Chad, and deals only with the human rights situation in this country by quoting from the US State Department Country Report on Human Rights Practices. [...] This hardly constitutes irreparable harm, as this Court has found in the past that it must be assumed the US authorities will treat the Applicant fairly and provide necessary medical treatment.
-
6,782.
Harsanyi v. Canada (Minister of Citizenship and Immigration) - 2004 FC 358 - 2004-03-10
Federal Court Decisions[10] Having found that there was no basis for Mr. Harsanyi's fear of persecution, the Board did not deal directly with the issue whether there was state protection available in Hungary for persons who are victims of homophobic violence. [...] One may infer, however, since the Board characterized Hungary as a fairly tolerant country, that it believed that state protection would likely be forthcoming.
-
6,783.
Avci v. Canada (Minister of Citizenship and Immigration) - 2003 FCA 359 - 2003-09-30
Federal Court of Appeal DecisionsThe cases cited to us for the proposition that the Board is functus as soon as it has given its reasons or its decision orally deal with situations where the reasons or decision were delivered from the Bench, in the presence of the participants in the hearing: see, in particular, Isiaku v. Canada (Minister of Citizenship [...] She agreed with counsel for Mr. Avci that, if the panel were not functus on November 7, the Board breached the duty of fairness when it failed to consider, or to refer in its reasons to, material submitted to the Board on behalf of Mr. Avci on November 20, 2001, two days before it signed its written reasons for decision.
-
6,784.
Erdmann v. Canada - 2002 FCA 240 - 2002-05-30
Federal Court of Appeal DecisionsIt is also true that Tax Court Judges must be vigilant to ensure that unrepresented tax payers not be deprived of procedural fairness. [...] It is not necessary to deal with this argument. [10] These applications will be dismissed with one set of costs.
-
6,785.
Canada (Minister Of Citizenship And Immigration) v. Tiky - 2001 FCT 1093 - 2001-10-05
Federal Court Decisions[8] I will first deal with the motion by the respondent to file and serve a supplementary affidavit of the respondent. [...] (a) Such a ban is necessary in order to prevent a real and substantial risk to the fairness of the trial, because reasonably available alternative measures will not prevent the risk; and
-
6,786.
Poon v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 232 - 2001-03-22
Federal Court Decisions[10] I do not accept the argument of the Respondent that the decision to reject the Applicant's claim had been made on October 28, 1999 and that, as a result, any subsequent telephone call would not affect the fairness of the hearing. [...] While the procedure followed by citizenship judges in dealing with citizenship applications may be informal, such informality does not authorize an independent inquiry process by those judges.
-
6,787.
Harb v. Canada (Minister of Citizenship and Immigration) - 1999-08-12
Federal Court Decisions. . . We are dealing here with the powers of an administrative tribunal in relation to its procedures. [...] In the absence of specific rules laid down by statute or regulation, they control their own procedures subject to the proviso that they comply with the rules of fairness and, where they exercise judicial or quasi-judicial functions, the rules of natural justice. . . .
-
6,788.
Aguilar-Osorno v. Canada (Minister of Citizenship and Immigration) - 1997-11-20
Federal Court Decisions[5] The tribunal did deal with the issue of the applicants having sought refugee status in the U.S. as if the applications had been filed. [...] The tribunal staff's not communicating with the applicants' counsel prior to the handing down of the decision after the file had been kept in abeyance for some three months does not, in my opinion, constitute a breach of natural justice and procedural fairness.
-
6,789.
Crowe v. Canada - 2003 FCT 553 - 2003-05-05
Federal Court Decisions(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level, [...] [22] The Defendant further argues that recourse to the courts with a claim for damages is improper where a comprehensive scheme for dealing with disputes already exists. [...] In particular, questions of procedural fairness can be addressed as of right on judicial review of the decision-maker's decision.
-
6,790.
Leigh v. The Queen - 1998-10-30
Tax Court of Canada Judgments[7] Exhibits A-10 and A-11 were orders of the Supreme Court of British Columbia, which had the effect of restricting the right of the Appellant in dealing with the assets of the Company. [...] He confirmed that the valuation set forth in A-7 did not accurately reflect the real values at that time due to the restriction placed upon his dealing with the shares. [...] Under Part III of the Family Relations Act of the Province of British Columbia (supra), dealing with matrimonial property, section 43 provides that:
-
6,791.
A.T. v. Globe24h.com - 2017 FC 114 - 2017-01-30
Federal Court DecisionsA real and substantial connection to Canada is sufficient to support the application of our Copyright Act to international Internet transmissions in a way that will accord with international comity and be consistent with the objectives of order and fairness. [...] [89] At the hearing on November 9, 2016, I requested that the OPCC provide additional authorities dealing specifically with the authority of the Federal Court to issue systemic remedies (i.e., remedies that go beyond the circumstances of an individual applicant) in appropriate cases. [...] Toute personne doit être informée de toute collecte, utilisation ou communication de renseignements personnels qui la concernent et y consentir, à moins qu’il ne soit pas approprié de le faire.
-
6,792.
Stow v. The Queen - 2010 TCC 406 - 2010-10-06
Tax Court of Canada JudgmentsFairness requires that the facts pleaded as assumptions be complete, precise, accurate and honestly and truthfully stated so that the taxpayer knows exactly the case and the burden that he or she has to meet.[16] [...] [30] Each of these documents contains fairly standard clauses. Paragraph 2.1 of the Original Partnership Agreement provides the basic “continuity of partnership” clause mentioned in Backman: [...] The promotional material says that the unsold 79 units had a fair market value (“fmv”) of about US $23,000,000.
-
6,793.
Greer v. The King - 2023 TCC 100 - 2023-07-17
Tax Court of Canada Judgments• (c)the fair market value of the properties at that time was $2,436,900; [...] [64] I had to determine the fair market value of the last two properties. [...] He concluded that the fair market value of the third property was $524,000 and the fair market value of the fourth was $837,900.
-
6,794.
Canadian Constitution Foundation v. Canada (Attorney General) - 2022 FC 1233 - 2022-08-26
Federal Court DecisionsThe Emergency Proclamation declared “that a public order emergency exists throughout Canada and necessitates the taking of special temporary measures for dealing with the emergency.” [...] [40] Rule 318 sets out a process for dealing with objections to requests under Rule 317. [...] [123] There may well be a need for an expedited framework to deal with challenges to any future employment of the Emergencies Act, as the CCLA proposes.
-
6,795.
Oceanex Inc. v. Praxair Canada Inc. - 2014 FC 6 - 2014-01-07
Federal Court Decisions[83] The non-negotiable receipt stipulates that the contract is governed by Canadian Maritime Law. Clause 11 deals with dangerous goods. [...] They deal with cargo which one would not think of as being inherently dangerous. [...] Where it can fairly be said that all possible causes have been canvassed, the strongest must be the winner.
-
6,796.
Worthington v. Canada (Minister of Citizenship and Immigration) - 2004 FC 1546 - 2004-11-03
Federal Court DecisionsFairness to the parties and the court or tribunal under review dictates such a limitation: Bekker v. Canada (2004), 323 N.R. 195 (F.C.A.) (Bekker). [...] I will deal, briefly, with some of them. There is no affidavit from either of the applicants. [...] In the result, I am dealing with documents that were produced to the applicants' solicitor rather than a certified tribunal record.
-
6,797.
Hassle v. Apotex Inc. - 2001 FCT 530 - 2001-05-25
Federal Court DecisionsThe case of Pharmacia Inc. v. Canada (1994), 58 C.P.R. (3d) 209 (F.C.A.) deals with this. [...] 12. Every enactment is deemed remedial, and shall be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objects. [...] However, patents must be construed in the eyes of persons skilled in the art, and when dealing with patents relating to medicine, this usually compels the Court to place reliance on expert opinions.
-
6,798.
Quantetics Corp. v. The Queen - 2000-06-02
Tax Court of Canada JudgmentsSheila Maureen O'Grady, the auditor, testified that she was denied access to the appellant's business premises and therefore had to deal with restricted access to information. [...] This is more particularly so with respect to tax incentives for doing R & D where the legislation dealing with such incentives must be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objects (Northwest Hydraulic Consultants Ltd. v. The Queen, [1998] 3 C.T.C.2520 [...] As a result, counsel suggests, the interest expenses should be offset against the interest income in order to make a fair comparison with the other revenue.
-
6,799.
TPine Leasing Capital Corporation v. Canada - 2024 FCA 83 - 2024-04-30
Federal Court of Appeal DecisionsSexton J.A., writing for the unanimous Court, stated (at paragraph 37) that “the Minister of National Revenue is limited to making decisions based solely on considerations arising from the Act itself” and cannot make “deals” divorced from those considerations. [...] The reassessment increased taxes payable by reducing CEE deductions by the difference between the amount claimed and the amount based on the Minister’s estimation of the fair market value of the seismic data. [...] The Minister reassessed the taxpayer to reduce the deduction for CCA on the basis that the fair market value of the software was less than the amount as stated by the taxpayer.
-
6,800.
Janssen Inc. v. Pharmascience Inc. - 2022 FC 62 - 2022-01-19
Federal Court Decisions[31] The Patent Act promotes adherence to the language of the claims, which in turn promotes fairness and predictability (Free World Trust at paras. 31(a), (b) and 41). [...] The public is entitled to rely on the words used provided the words used are interpreted fairly and knowledgeably. [...] [96] Pharmascience argues that, as recognized by the Supreme Court of Canada, a purchaser of a patented article is allowed to deal with the goods as they please without the fear of infringement [Eli Lilly & Co. v. Novopharm Ltd., [1998] SCR 129 [Eli Lilly]].