11,315 result(s)
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6,901.
Fisher v. Canada (Attorney General) - 2015 FCA 127 - 2015-05-19
Federal Court of Appeal DecisionsPart II of the Act deals with conditional release, detention and long-term supervision. [...] [28] Consistent with the balance found within section 100, the principles of fundamental justice are concerned not only with the interest of the person whose liberty has been affected; fundamental justice requires that a fair balance be struck between the interests of the individual and the protection of society [...] [30] Dealing with the first question, I begin from the observation that a change in the form in which a sentence is served, whether favourable or not, is not itself contrary to any principle of fundamental justice (Cunningham at page 152; May v. Ferndale Institution, 2005 SCC 82, [2005] 3 S.C.R. 809, at paragraph 82).
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6,902.
Leo Pharma Inc. v. Teva Canada Limited - 2014 FC 1241 - 2014-12-18
Federal Court DecisionsWhile the judge hearing the application on the merits can deal with evidence which is in the record, he or she obviously cannot deal with evidence which is not in the record. [...] In light of the conclusion that Leo Pharma was taken by surprise, it is only fair and just that it be given an opportunity to reply.
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6,903.
Klippenstein v. Canada - 2014 FC 174 - 2014-02-25
Federal Court Decisions(d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or [...] [26] When the Court is reviewing a discretionary decision by a Prothonotary dealing with questions that are vital to the final issue of the case, it must conduct a de novo review (Sauvé v Canada, 2012 FCA 280, [2012] FCJ No 1415 (QL)). [...] The plaintiff could no more rely on Rule 208, which deals with preliminary objections available to the party served with a statement of claim, and not the one initiating the proceedings.
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6,904.
Ollenberger v. Canada - 2013 FCA 74 - 2013-03-08
Federal Court of Appeal Decisions(ii) to a person with whom the taxpayer was dealing at arm’s length of any property that is [...] ... (iv) a debt owing to the taxpayer by a Canadian-controlled private corporation (other than, where the taxpayer is a corporation, a debt owing to it by a corporation with which it does not deal at arm’s length) that is [...] “small business corporation”, at any particular time, means, subject to subsection 110.6(15), a particular corporation that is a Canadian-controlled private corporation all or substantially all of the fair market value of the assets of which at that time is attributable to assets that are
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6,905.
Pelletier v. Canada - 2011 FCA 21 - 2011-01-20
Federal Court of Appeal Decisions[3] Counsel for the appellant is asking this Court to deal with the following issues: [...] [14] Although the judge was provided with a fairly detailed description of the cottage and the percentage of the appellant’s use of each room (Exhibit A‑4), he stated that he found himself facing the fact that the use percentages for each area were only “estimations or approximations dependent on various factors sometimes [...] [24] Although the auditor’s testimony is sufficient to deal with the appellant’s argument on appeal, the fact remains that on appeal, an appealing party cannot raise a new ground for appeal when this would prejudice the respondent because the respondent is denied the opportunity to rebut this new argument, which would have
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6,906.
Bartkus v. Canada Post Corporation - 2009 FC 36 - 2009-01-16
Federal Court DecisionsEssentially, he submits that the evidence clearly showed that he was dismissed just after Canada Post learned that he was dealing with health issues that prevented him from returning to work. [...] This duty, he alleged, arose from Canada Post’s knowledge of the stress he had been dealing with and his express disclosure of “unwelcome health issues”. [...] Both the investigator and the Commission treated Mr. Bartkus fairly and addressed the substance of his complaint.
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6,907.
Valley Equipment Limited v. Canada - 2008 FCA 65 - 2008-02-20
Federal Court of Appeal DecisionsShe proceeded to deal with this question as follows (idem): The judgment of Mr. Justice Peter Glennie is close to one hundred pages long. [...] [23] Dealing first with this last proposition, the conclusion of the Tax Court Judge that the award was paid as compensation for the loss of the John Deere distributorship is in my view unassailable. [...] These amounts represent the loss of Valley's opportunity to sell to the Culbersons and it reflects what Valley calculated its John Deere dealership was worth at fair market value in September of 1995 at the time of the cancellation of Valley's Dealer Agreements.
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6,908.
Hendricken v. The Queen - 2008 TCC 48 - 2008-01-24
Tax Court of Canada JudgmentsI think it would be fair to say that to establish a common law relationship there must be some sort of stable relationship which involves not only sexual activity but a commitment between the parties. [...] The finding in that case was that they were, at that time, dealing with each other at arm’s length. [...] In this case the issue is whether they were in a conjugal relationship not whether they were dealing with each other at arm’s length.
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6,909.
Canada (Attorney General) v. Northrop Grumman Overseas Services Corporation - 2007 FCA 336 - 2007-10-26
Federal Court of Appeal Decisions[10] Dealing first with the issue of jurisdiction, the Attorney General contends that the Federal Court (more precisely the Trial Division of Federal Court as it was known at that time) has assumed jurisdiction to the exclusion of this Court in circumstances identical to the present ones in ACE/Clear Defence Inc. v. [...] (2) Elle doit en outre, par écrit et dans le délai réglementaire, lui faire savoir dans quelle mesure elle compte mettre en oeuvre les recommandations et, dans tous les cas où elle n’entend pas les appliquer en totalité, lui motiver sa décision. [...] [22] Given this outcome, it is not necessary to deal with the motion in the alternative.
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6,910.
Suncor Energy Inc. v. MMD design and consultancy limited - 2007 FC 896 - 2007-09-11
Federal Court Decisions(2) Si le demandeur d’un brevet a, après le dépôt de sa demande, cédé son droit d’obtenir le brevet, ou s’il a, avant ou après le dépôt de celle-ci, cédé par écrit tout ou partie de son droit de propriété sur l’invention, ou de son intérêt dans l’invention, le cessionnaire peut faire enregistrer cette cession au Bureau des [...] A reading of these sections shows that section 49 deals with the assignment of a right to a patent before the patent has been granted. [...] However, I fail to see how an Ontario court could order a federal board, which the Patent Office clearly is, to vary or to expunge or to otherwise deal with the matter.
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6,911.
Armas Cornejo v. Canada (Citizenship and Immigration) - 2007 FC 291 - 2007-03-19
Federal Court Decisions[12] It seems fairly obvious that the Board completely overlooked a considerable amount of material evidence including a lengthy submission by the claimant’s counsel submitted on November 14, 2005 after the hearing. [...] [14] On this point it is noteworthy that in footnote 2 to the Board decision the only material from the claimants’ counsel noted to have been reviewed is a submission dated November 4, 2005 dealing with the issue of Mr. Armas’ admissibility to Canada. [...] [18] The Board’s negative plausibility conclusion dealing with the supposed inconsistency between Ms. Alarcon Cuadros’ passport application and her ostensible attempt to hide from Peruvian authorities is also somewhat contrived.
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6,912.
Coast Dryland Services Ltd. v. Canada - 2007 FC 16 - 2007-01-09
Federal Court DecisionsCoast pleads that the Crown owed both contractual and fiduciary duties to the company to ensure that the representations were fair and in good faith. [...] Coast submits that, by virtue of the special relationship, a fiduciary duty arose, requiring the Crown to act with utmost good faith in its dealings with the company. [...] [29] At best, however, taking the facts as proven, but not the legal conclusions, there was an understanding, but neither a contract nor a fiduciary duty, perhaps relied upon without a good deal of thought by Coast, to the effect that a mitigation plan and proposal for the facility would receive favourable consideration by
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6,913.
Glofcheskie v. Canada (Attorney General) - 2006 FC 1340 - 2006-11-07
Federal Court Decisions[37] In Canada (Customs and Revenue Agency) v. Kapadia, [2005] F.C.J. No. 2086, 2005 FC 1568, Justice Kelen undertook a pragmatic and functional analysis in relation to a decision of an Independent Third Party Reviewer dealing with a question of arbitrary treatment at the placement stage. [...] [41] This only makes sense, as it would be difficult to maintain the equal and fair treatment in the staffing process promised by the Agency if each ITPR was able to simply take his or her own idiosyncratic approach to issues, without any consideration of decisions of other ITPRs dealing with similar questions.
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6,914.
Law Society of Upper Canada v. Canada (Minister of Citizenship and Immigration) - 2006 FC 1042 - 2006-08-29
Federal Court DecisionsBut I met with significant problems in dealing with the consulting community and their so-called leadership. [...] The first is a procedural argument based on CSIC’s interpretation of certain provisions of the Federal Courts Rules (FCR) and the FCIRPR. The second one, made in the alternative, is based on issues of fairness and equity. [...] I will deal with each argument in turn. (1) Right to cross-examine on affidavits filed in leave applications
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6,915.
Armstrong v. Canada (Attorney General) - 2006 FCA 119 - 2006-03-21
Federal Court of Appeal Decisionsin the pending court proceedings, (2) to await the outcome of the court proceedings and commence a new appeal pursuant to subsection 169(2) of the Income Tax Act, and (3) to ask the Minister for discretionary relief under subsection 152(4) of the Income Tax Act, which is part of the "fairness package" enacted in 1994. [...] It is convenient in this case to deal only with subsection 169(2), but the analysis would be the same for subsection 165(1.1). [...] The Minister declined to deal with that request until after all litigation was concluded.
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6,916.
Nahimana v. Canada (Minister of Citizenship and Immigration) - 2006 FC 161 - 2006-02-14
Federal Court DecisionsAs well, article 22(1) of the Convention on the Rights of the Child deals specifically with refugee matters, stating that states must ensure children refugees or refugee claimants receive adequate protection. [...] Mr. Justice Blais also referred to the Immigration and Refugee Board Chairperson's Guidelines on Child Refugee Claimants which should be applied when dealing with minors in the context of refugee protection claims. [...] [35] Ms. Nahimana deserves a fair hearing which included the understanding of her subjective elements of evidence without any unreasonable inferences.
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6,917.
Hoffmann-La Roche Ltd. v. Canada (Health) - 2005 FC 1415 - 2005-10-17
Federal Court Decisions(3) Sous réserve du paragraphe (4), la personne qui soumet une liste de brevets doit le faire au moment du dépôt de la demande d'avis de conformité. [...] The Court was dealing with a name change and stated at paragraph 4: "... there is no justification for allowing a patent holder to enhance the advantages it obtains under the NOC Regulations as a result of a mere administrative change in the name of the manufacturer." [...] [17] However, this Court is sitting in judicial review of the Minister's decision and both the Court and the Minister have to deal with the facts as they were when the Minister received the Form IV filing, in particular the identification of "the submission to which the patent list or the amendment relates" (subsection
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6,918.
De-Robles v. Canada (Minister of Citizenship and Immigration) - 2005 FC 108 - 2005-01-25
Federal Court Decisions[13] The Board not only addressed the matter, but did so fairly as well. [...] Regardless of the analysis the Board made of this exhibit and the evidentiary value it may have attached to it, the Board had to rule expressly on its admissibility since it was an exhibit dealing directly with several aspects of Mr. Gonzalez's testimony and it constituted corroboration of his testimony by a third party. [...] The Court agrees with him that the Board misunderstood the document entered in evidence dealing with the side-effects of the new medication.
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6,919.
Caradonna v. The Queen - 2002-04-19
Tax Court of Canada JudgmentsEven though dealing with income from property, to get around this element in the definition of personal or living expenses, a taxpayer must prove there was a business, and that the business was carried on (presumably by the taxpayer) with a reasonable expectation of profit. [...] In Mr. Caradonna's case, the question is whether a reasonable person would expect a profit from a property where the operating costs of interest, utilities, property taxes and condo fees are known, as is the fair market value rental for having one tenant share the premises. [...] [14] Which test does one apply first in dealing with rental losses? The Moldowan test I have described in earlier cases as a gate keeping test; if you don't pass that test and prove a source of income, you need go no further into the Act than section 3 — you are simply not in.
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6,920.
Johnston v. The Queen - 2002-03-21
Tax Court of Canada Judgments[4] Dealing first with the provisions in subparagraphs (i) and (ii), I am satisfied that they have been met. [...] [21] I will deal with the Appellant's arguments which were well reasoned and had some merit although ultimately notpersuasive. [...] [34] On that basis, although the taxpayer will assert that it is not fair, that he could have rearranged his affairs in a different way, and that different people in different circumstances will be treated differently, the appeal fails.
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6,921.
British Columbia Hydro & Power Authority v. Csl Cabo (The) - 1999-12-31
Federal Court Decisions[6]In order to deal with the claim of privilege I have received and read a copy of the report. [...] In The Philippine Victory (1992), 49 F.T.R. 211 Mr. Justice Teitelbaum dealt with survey reports which had been prepared in the ordinary course of dealing with cargo damage claims soon after cargo had been discharged. [...] Indeed, it is likely fair to say that very few incidents involving the fouling of underwater power cables, pipelines and the like, are settled completely voluntarily without assistance from the courts in at least providing or forcing security and providing a forum in which each side may test the other"s case.
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6,922.
Wijetilleke v. Canada (Minister of Citizenship and Immigration) - 1999-05-13
Federal Court DecisionsCases involving human rights would be referred to a government affiliated institution which had been established to deal with criminal matters and with cases involving violations of human rights. [...] [28] In my view, the applicant's attack on the PCDO's determination does not raise a fairly arguable issue. [...] [32] Given my conclusions, I need not to deal with this issue. Any prematurity argument would have to be assessed against the fundamental fact that if the applicant does not leave voluntarily, he would be subject to possible arrest, detention and forceable removal.
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6,923.
Gustafson v. The Queen - 1999-05-05
Tax Court of Canada Judgments[See Note 3 below] Every enactment should "be given such a fair, large and liberal construction and interpretation as best ensures the attainment of its objects". [...] [10] It is obvious that in Vantyghem, supra, Judge Rip was dealing with the installation of a hot tub within an existing dwelling and found that it could fall within the plain meaning of the word "renovation". [...] It is apparent a great deal of attention was paid to recognizing certain expenses which would be incurred for specific reasons under particular circumstances.
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6,924.
Développements de systèmes spécialisés M.T.P.C. Inc. v. The Queen - 1999-04-07
Tax Court of Canada JudgmentsA great deal of research is being done in both universities and industry (often more in the latter than the former) on the various aspects of this subject. [...] Memory management, it depends on the system involved: for example, with Vision here, I find that it’s quite a simple system, so the software is fairly simple. [...] Once again, as I see it, we’re dealing with standard practice with the Vision software.
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6,925.
Dargis v. Canada (Treasury Board) - 1999-03-01
Federal Court Decisions[2] Given the special conditions under which they work, the applicants are subject to a unique system dealing with their hours of work and the point at which they are entitled to be paid at an overtime rate. [...] It is submitted that there are provisions in the collective agreements which deal squarely with these matters. [...] restraint and refrain from intervening in an adjudicative decision which, within the limits of the jurisdiction conferred by law, interpreted a collective agreement in a sufficiently rational manner in reliance on the facts in evidence, and did so without infringing the rules of natural justice or procedural fairness.