11,315 result(s)
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6,826.
Boudreau v. Canada (Attorney General) - 2003 FC 1413 - 2003-12-02
Federal Court DecisionsI would note that this same standard of review of correctness would apply to the procedural fairness and natural justice issues. [...] . . . The selection board must perform that task fairly and honestly to ensure that selection is made according to merit. [...] [60] Because of my finding on Issue 3, I will not deal with Issue 4.
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6,827.
Ratiopharm Inc. v. Pfizer Limited - 2009 FC 711 - 2009-07-08
Federal Court Decisions[1] This action deals with the validity of Canadian Patent 1,321,393 (the ’393 Patent). [...] This disclosure, as the Supreme Court has said, should be full, frank and fair. [...] It is to be expected that there will be full, frank and fair disclosure.
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6,828.
Allergan Inc. v. Sandoz Canada Inc. - 2020 FC 1189 - 2020-12-24
Federal Court DecisionsThe public is entitled to rely on that language, so long as is interpreted “fairly and knowledgeably”: Free World, above, at para 51. [...] The remaining nine articles deal with issues addressed in the immediately preceding paragraphs above. [...] [240] The Court will deal with this issue after receiving submissions from Allergan and Sandoz.
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6,829.
Collins v. Canada (Attorney General) - 2024 FC 1250 - 2024-08-09
Federal Court Decisions[14] The ensuing analysis deals with each issue in turn. IV. Analysis [...] Further, I note that paragraphs 31-33 in Collins FC 2020 deal with the reluctance of Ms. Collins to participate in a case management conference. [...] b) soit pour faire radier une déclaration au motif qu’elle ne révèle aucune cause d’action valable.
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6,830.
Burai v. Canada (Citizenship and Immigration) - 2020 FC 966 - 2020-10-14
Federal Court DecisionsIn the Decision, the RPD acknowledged that Roma people did face violence and harassment in Hungary but, since Hungary is a democracy which “holds free and fair elections and, as a member state of the EU, has accountability beyond its own borders”, it was presumed able and willing to provide protection to its citizens. [...] Relying on numerous decisions from this Court dealing with the Roma situation in Hungary, they contend that the RPD did not properly deal with the mixed country conditions evidence. [...] They are the principal tool allowing the administrative decision makers “to show affected parties that their arguments have been considered and demonstrate that the decision was made in a fair and lawful manner” (Vavilov at para 79).
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6,831.
Black & White Merchandising Co. Ltd. v. Deltrans International Shipping Corporation - 2019 FC 379 - 2019-03-27
Federal Court DecisionsThe Federal Court of Appeal in Amgen held that the filing of reply evidence on a motion would be permitted only in unusual circumstances where considerations of procedural fairness and the need to make a proper determination require it. [...] Similarly, the evidence before me is that all of B&W’s dealings were with Delmar. [...] The Court found that this was consistent with the Supreme Court of Canada's decision in Hryniak v Mauldin, 2014 SCC 7, which held that there is no genuine issue if there is no legal basis to the claim or if the judge has the evidence required to fairly and justly adjudicate the dispute.
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6,832.
3488063 Canada Inc. v. Canada - 2016 FCA 233 - 2016-09-16
Federal Court of Appeal DecisionsThe Appellants have the right to put their shares of SLT to Scotia Ireland for an amount determined by reference to the fair market value of the Reference Assets with an adjustment for costs and liabilities. [...] As a result, I will first address these arguments and then deal with the other two issues. [...] [40] However, in this appeal, in my view, it is not necessary to review the conduct of the Canada Revenue Agency but rather the issue can be resolved by examining the procedural history and the provisions of the Act and the Rules that deal with assessments and appeals.
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6,833.
Voltage Pictures LLC v. John Doe - 2015 FC 1364 - 2015-12-09
Federal Court Decisions[36] I find that the Aalto Order, in light of his comments at the hearing, that he would “leave that [the issue of costs] for another day”, is framed to provide the case management Judge with as much flexibility as possible in dealing with the issue of costs. [...] [64] On the one hand, I am in agreement with Voltage that a fair reading of the transcript of proceedings before Prothonotary Aalto indicates that no mention was made of the costs of the motion. [...] It is reasonable that this understanding was gained from the proceedings before Prothonotary Aalto on the basis that all cost claims would be deferred to the future because he had too much on his plate in dealing with the substantive issues of the motion.
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6,834.
Attawapiskat First Nation v. Canada - 2012 FC 948 - 2012-08-01
Federal Court DecisionsHowever, for the following reasons, the Respondent takes too narrow a view of the relationship of the parties, the nature of the CFA and the unique circumstances of the Crown in relation to natives – the sui generis nature of Crown-native dealings. [...] [53] On the issue of whether the appellants in that case had a right to procedural fairness arising from the common law in respect of administrative action, the Court of Appeal explained: [...] They say that due to the AFN’s demonstrated and admitted inability to deal with the housing crisis, the TPM was appointed in good faith and temporarily to support the goal of addressing the urgent health and safety needs of the families living in tents and sheds.
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6,835.
Shaiq v. Canada (Citizenship and Immigration) - 2009 FC 149 - 2009-02-12
Federal Court Decisions[15] The situation escalated when the government announced general elections in POK. The UKPNP spoke out against the corruption of the government in dealing with earthquake relief and demanded an impartial commission to investigate. [...] [76] It is clear from paragraph 18 of the Decision that the RPD places a great deal of emphasis on the documentary evidence concerning the ECL system for its finding in paragraph 19 of the Decision on implausibility. [...] However, reviewing the Decision as a whole it is obvious that the RPD placed a great deal of emphasis on the ECL matter and the general documentation which it says does not corroborate police and government mistreatment of UKPNP members and activists.
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6,836.
British Columbia Transit v. The Queen - 2006 TCC 437 - 2006-08-01
Tax Court of Canada JudgmentsThe ruling did not deal with ITCs nor was there any mention made of consideration other than the $1.00 rent. [...] BJ Services was not a case dealing with whether or not a taxable supply was made for consideration. [...] The comparison, if indeed a comparison is necessary, should be between the actual consideration and a fair market value (FMV) consideration.
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6,837.
Quigley v. Ocean Construction Supplies Ltd. - 2004 FC 631 - 2004-04-29
Federal Court DecisionsI find that Ocean accommodated Mr. Quigley from 1991 to 1996 in a judiciously fair and reasonable manner. [...] He also treated him fairly when Mr. Quigley sought a return to work in 1996. [...] At this point, I wish to deal with the issue of post-termination evidence adduced in this hearing.
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6,838.
Corneil v. Canada (Transportation Appeal Tribunal) - 2015 FC 755 - 2015-06-16
Federal Court Decisions[15] Part IV of the Regulations deals with Personal Licensing and Training. [...] Subsequently, 2 medications were to deal with side effects. He had bupropion added to deal with sexual side effects and mirtazapine to deal with sleep disruption, presumably capitalizing on the fact that mirtazepione (sic) is sedative. [...] [60] I find that the Minister has established that the medical policy in place at the time of issuing the decision was fairly and duly applied.
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6,839.
Hammond v. The Queen - 2021 TCC 72 - 2021-11-03
Tax Court of Canada Judgments(a) may prejudice or delay the fair hearing of the appeal; (b) is scandalous, frivolous or vexatious; [...] I will first deal with the introductory paragraphs and with paragraphs 57 and 59. [...] I find that subparagraphs 56(j) and 56(u), which deal with intention, contain allegations of fact.
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6,840.
Pfizer Canada Inc. v. Apotex Inc. - 2014 FC 314 - 2014-04-15
Federal Court Decisions[15] Both sides have to deal with two previous PM (NOC) decisions on Patent ‘576. [...] I too have found that the data within the patent demonstrates effectiveness in dealing with inflammation and having appropriate COX II selectivity. [...] As is fairly common, a great number of compounds were claimed, cascading down to especially preferred claims, only one of which was known by Pfizer to work.
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6,841.
PSC Elstow Research Farm Inc v. The Queen - 2008 TCC 694 - 2008-12-29
Tax Court of Canada Judgments[53] This reduction can only apply if the two persons do not deal at arm’s length with each other. [...] PSCI and PSC Elstow do not deal with each other at arm’s length since PSCI holds the majority of the shares of PSC Elstow. [...] (B) in order to achieve a benefit or advantage for the payer or for persons with whom the payer does not deal at arm’s length, or
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6,842.
Canada (Public Safety and Emergency Preparedness) v. Pham - 2007 FCA 141 - 2007-04-05
Federal Court of Appeal DecisionsIt was even more improper, and against any concept of procedural fairness, for the Minister's officials to ask for further evidence, never previously demanded, in the same letter where they said that, lacking such evidence, the file was closed. [...] [23] A new section, section 24.1, was brought in, which provides a mechanism to deal with the seizure and penalty aspects of the process. [...] In other words, a new process was added, which deals with the seizure and the penalty and which is independent from the process set out in sections 25 to 30.
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6,843.
Galarneau v. Canada (Attorney General) - 2005 FC 39 - 2005-01-14
Federal Court Decisions(a) where there is another administrative procedure provided by or under any Act of Parliament to deal with the employee’s specific complaint, such procedure must be followed, [...] (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 [...] These remedies are in addition to those provided in the other federal statutes dealing specifically with these issues.
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6,844.
Radil Bros. Fishing Co. Ltd. v. Canada (Minister of Fisheries and Oceans) - 2003 FCT 79 - 2003-01-24
Federal Court DecisionsThus, for practical purposes, both counsel and I deal with the draft further amended statement of claim presented to the Court through the Plaintiff's motion to amend of 21 February 2001. [...] However, to be fair, the present case list has been augmented, although the augmentations, again except for two cases, are cases which were available in 1998. [...] [25] In dealing with the first point, that the Court may not order the Minister to issue a fishing licence, that is correct.
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6,845.
Bruner v. The Queen - 2002-07-18
Tax Court of Canada JudgmentsI do not think, however, that this is the correct way to deal with the matter. [...] It is convenient, however, to deal first with the motion to adjourn the trial date. [...] In my view, the balance of fairness and convenience greatly favours granting the extension of time.
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6,846.
British Columbia (Attorney General) v. Alberta (Attorney General) - 2019 FC 1195 - 2019-09-24
Federal Court Decisions[3] These reasons deal with two motions brought in the course of the action. [...] As a result, provinces cannot enact legislation dealing with interprovincial commerce. [...] It is fair to say that all members who spoke were alarmed by the announcement and by its consequences on Alberta’s oil and gas industry.
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6,847.
Canadian Imperial Bank of Commerce v. The Queen - 2018 TCC 109 - 2018-07-12
Tax Court of Canada JudgmentsI believe these facts fairly and accurately set out the facts which are relevant to the consideration of this appeal. [...] (iv) monitoring another person’s payment record or dealing with payments made, or to be made, by the other person, [...] • monitoring another person's payment record, or dealing with payments made, or to be made, by the other person.
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6,848.
Wong v. M.N.R. - 2023 TCC 128 - 2023-09-05
Tax Court of Canada JudgmentsNotwithstanding the provisions of the Act under which the appeal arises, the Court is not bound by any legal or technical rules of evidence in conducting a hearing and the appeal shall be dealt with by the Court as informally and expeditiously as the circumstances and considerations of fairness permit. [...] [9] Most unrepresented parties have great difficulty in dealing with a motion in writing.
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6,849.
Bird v. Peter Ballantyne Cree Nation - 2023 FC 431 - 2023-03-28
Federal Court Decisions[7] Ms. Bird notes this is not the first time PBCN has failed to afford procedural fairness in its decision-making, or to comply with the PBCN Electoral Code when attempting to remove elected officials (see Lecoq v Peter Ballantyne Cree Nation, 2020 FC 1144 [Lecoq] and McCallum v Peter Ballantyne Cree Nation, 2016 FC 1165). [...] [10] PBCN submits an elevated lump sum costs award is not appropriate, as the issues raised are not solely within the public interest and largely deal with Ms. Bird’s immediate interests.
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6,850.
Watto v. Immigration Consultants of Canada Regulatory Council - 2019 FC 1259 - 2019-10-03
Federal Court Decisions[5] The purpose of a motion under Rule 397(1)(b) is to permit a party to raise with the Court the question of whether it had failed (inadvertently or accidentally) to deal with something that was put to it: see Taker v Canada (Attorney General), 2012 FCA 83 at paras 3-4 [Taker] and Yeager v Day, 2013 FCA 258 at para 9. [...] [12] Nevertheless, the question of the role of the Minister in proceedings such as this is obviously of concern to the Minister and, to be fair, the Court has observed that the present state of affairs is quite unsatisfactory (although it should be rectified soon by the College of Immigration and Citizenship Consultants Act