11,315 result(s)
-
7,101.
Ingredia Sa v. Canada - 2009 FC 389 - 2009-04-24
Federal Court DecisionsUntil matters were put right by the Canadian International Trade Tribunal (CITT) and affirmed by the Federal Court of Appeal, the plaintiffs were, they say, effectively prevented from dealing with PROMILK in Canada. [...] However, there are some questions of fact and credibility, such as those which deal with allegations of bad faith and undue influence. [...] [29] However, apart from causality, one might also characterize that case as dealing with a failure to mitigate damages.
-
7,102.
Ross River Dena First Nation v. Canada - 2009 FC 391 - 2009-04-24
Federal Court DecisionsAccording to the Yukon government, seven of these agreements are now in force, dealing, among other topics, with land “set aside” and not part of a reserve. [...] It would certainly be in the interests of fairness for the Crown to take into consideration in any future negotiations the fact that the Ross River Band has occupied these lands for almost half a century. [...] Indeed, as pointed out in the factum of the Government of Yukon, the Umbrella Final Agreement provides for rules and procedures designed to deal with the status of lands set aside, which set-aside lands are clearly distinguished from Indian Act reserves.
-
7,103.
Brace v. The Queen - 2008 TCC 43 - 2008-02-25
Tax Court of Canada JudgmentsAccording to the appellant, the whole deal was done over multiple cups of coffee as Mr. Harvey was a good friend of his. [...] According to the appellant, National Fabric was to purchase a house owned by his company for $70,000 but the deal did not go through. [...] It would seem fair to conclude that Harry Brace was never a director of National Fabric.
-
7,104.
Momi v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1484 - 2005-11-03
Federal Court Decisions(d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or [...] After deciding that the original statute was ultra vires, the Court then had to deal with taxes invalidly collected. [...] It would be completely inappropriate to deal with this defence at this stage.
-
7,105.
Canada (Attorney General) v. McNally Construction Inc. - 2002 FCA 184 - 2002-05-09
Federal Court of Appeal DecisionsThe applicant contends that the review should be for "correctness" because the exclusions in question define the boundaries of the Tribunal's jurisdiction to deal with the procurement as one to which the AIT alone applies or as one to which the AIT as well as NAFTA and the AGP apply. [...] This is also consistent with Wilson J.'s characterization of the predecessor to the CITT as being "staffed by experts familiar with the intricacies of international trade relations who are in the business of dealing with a large volume of trade related cases" (National Corn Growers Assn., supra, at p. 1348). [...] The Tribunal attempted to reconcile the divergent definitions by having regard to the purpose of NAFTA and the AGP. That would seem consistent with Canada's obligations under NAFTA and the AGP. By Article 1017 of NAFTA the bid challenge procedures are intended "to promote fair, open and impartial procurement procedures".
-
7,106.
Do-Ky v. Canada (Foreign Affairs and International Trade) - 1997-02-06
Federal Court DecisionsHowever, section 15 also deals with any record, the disclosure of which might be injurious to the conduct of international affairs. [...] Additionally, in the circumstances of this case, I find it unavoidable to deal with all four notes as a single package. [...] To act contrary to a direct request from a foreign state would harm the reputation of Canada in the international community as a state which deals fairly with its counterparts.
-
7,107.
Ayatian v. Canada (Citizenship and Immigration) - 2022 FC 611 - 2022-04-26
Federal Court Decisions[8] Although the Applicants submit that the failure to conduct a BIOC analysis is a procedural fairness issue, in my view, reasonableness is the proper standard upon which to review the Officer’s BIOC analysis. [...] Those interests must be ‘well identified and defined’ and examined ‘with a great deal of attention’ in light of all the evidence” (Kanthasamy at para 39) [Emphasis in original].
-
7,108.
Varley v. Canada (Attorney General) - 2021 FC 589 - 2021-06-10
Federal Court Decisions[15] A class action of this type has been shown through the 60’s Scoop decision to be fair, efficient and manageable. [...] [16] This is particularly true in respect of a federal court class action where a single court has national scope to deal with a national issue.
-
7,109.
Seargeant v. Canada (Citizenship and Immigration) - 2018 FC 282 - 2018-03-13
Federal Court DecisionsThe RAD dismissed her appeal on the basis that Ms Seargeant had been treated fairly and sensitively at her hearing before the RPD. In addition, the RAD concluded that the RPD’s finding on state protection was justified. [...] In addition, the evidence showed that the police in Jamaica acted appropriately in her dealings with them, and were able and willing to afford her protection.
-
7,110.
Montana v. Canada (National Revenue) - 2017 FCA 194 - 2017-09-21
Federal Court of Appeal DecisionsThese reasons deal with both appeals. A copy of these reasons shall be placed in each appeal file. [...] [10] The principles governing whether or not an adjournment should be granted are set out in the principles of procedural fairness and the factors in Rule 3 of the Federal Courts Rules, SOR/98-106.
-
7,111.
Ivancsik v. Canada (Citizenship and Immigration) - 2014 FC 498 - 2014-05-26
Federal Court DecisionsThe United States Department of State Reports on Human Rights Practices dealing with Hungary in 2012 points out the government’s effective mechanisms to investigate and punish abuse and corruptions. [...] She was of the view that this was a fairly low percentage given the population of the country.
-
7,112.
Punian v. Canada (Citizenship and Immigration) - 2014 FC 335 - 2014-04-04
Federal Court Decisions[7] Counsel submitted that in instances where a visa officer deals both with whether the applicant falls within the definition of the family class, and humanitarian and compassionate considerations, it is open to the IAD to take into account such considerations, notwithstanding the language of IRPA itself. [...] [11] Mr. Punian also invokes a lack of procedural fairness because the IAD did not grant him an oral hearing.
-
7,113.
Pfizer Canada Inc. v. Apotex Inc. - 2014 FC 173 - 2014-02-24
Federal Court DecisionsProthonotary Aalto dealt with the circumstances before him by creating a suitable and fair remedy that gave both parties some relief. [...] Pfizer then filed its expert evidence, which included a good deal of evidence Apotex regarded as fact evidence, mainly studies supporting Pfizer’s position on utility.
-
7,114.
Lopez Aguilera v. Canada (Citizenship and Immigration) - 2012 FC 173 - 2012-02-08
Federal Court DecisionsOne deals with Mr. Aguilera’s credibility and the other with his failure to present documents to support his refugee claim. [...] S’il ne peut le faire, il en donne la raison et indique quelles mesures il a prises pour s’en procurer.
-
7,115.
John v. Canada (Citizenship and Immigration) - 2011 FC 387 - 2011-03-28
Federal Court DecisionsAs I have previously found in the decision in Kuta v Canada (Minister of Citizenship and Immigration) 2009 FC 687, when dealing with gender-related claims it is critical that the RPD pay special attention to “Guideline 4: Women Refugee Claimants Fearing Gender-Related Persecution: Guidelines issued by the Chairperson” in [...] I find that the Applicant’s state of mind was not realistically and fairly considered in reaching the negative credibility findings quoted above.
-
7,116.
Apotex Inc. v. Janssen-Ortho Inc. - 2010 FCA 213 - 2010-08-20
Federal Court of Appeal DecisionsAs a result, in fairness to the parties, the following decision has been reached in the Order below: [...] [10] I need only deal with the third condition with respect to which the respondents say that this Court would not have remitted the matter back to Shore J. for redetermination had it known that he had made his findings independently of those made by Hughes J. in Janssen-Ortho Inc. v. Novopharm Ltd.., [2006] F.C.R. 166.
-
7,117.
T-Mobile Usa, Inc. v. Telus Corporation - 2010 FC 455 - 2010-04-27
Federal Court DecisionsThus, it is fair to say that Prothonotary Milczynski is much more familiar with this action than is this Deputy Judge. [...] Despite the apparently mandatory nature of Rule 240 of the Federal Courts Rules, 1998, [the Rule dealing with the scope of examination for discovery,] ordering questions to be answered on discovery involves an exercise of discretion.
-
7,118.
AstraZeneca Canada Inc. v. Novopharm Limited - 2010 FCA 112 - 2010-04-22
Federal Court of Appeal Decisions[7] This conclusion is based on a fair reading of the appellants’ Statement of Claim and gives effect to the established proposition that a quia timet action must be based on more than mere possibilities. [...] The respondent maintains that this is because the argument was not put to the Federal Court Judge and urges us not to deal with this argument on that ground.
-
7,119.
Jay v. The Queen - 2010 TCC 122 - 2010-03-02
Tax Court of Canada JudgmentsIn light of the position of the parties, I do not propose to deal further with this taxation year. [...] [9] The notice of appeal sought relief for the tax, interest and penalties, mainly on grounds of fairness.
-
7,120.
Fidelity Global Opportunities Fund v. The Queen - 2010 TCC 108 - 2010-02-26
Tax Court of Canada Judgmentsc) The Notice of Appeal will prejudice or delay the fair hearing of the action (paragraph 53(a) of the Rules); [...] It is the Appeals Branch which deals with objections. If objections are not served in accordance with subsection 165(2), then it would be next to impossible for the Canada Revenue Agency to keep proper records and to ensure that the objections are dealt with “with all due dispatch” as is required in subsection 165(3) of the
-
7,121.
Raghavan v. Canada (Citizenship and Immigration) - 2009 FC 923 - 2009-09-21
Federal Court Decisions(a) Was there a breach of procedural fairness in this situation? [3] For the reasons that follow, the application for judicial review shall be allowed. [...] ... Ensuring that each notice was received would impose an impossible burden on CIC and would, without doubt, impact negatively on the ability of CIC to deal expeditiously with applications.
-
7,122.
Kossow v. Canada - 2009 FCA 26 - 2009-01-29
Federal Court of Appeal DecisionsIn May 2008, the Motions Judge adjourned the start of the trial until September 8, 2008, so that she could deal with Ms Kossow’s interlocutory motion that has given rise to the appeal to this Court and the present motion to admit fresh evidence in support of it. [...] [6] Having examined the parties’ submissions and the material in question, I am not persuaded that Ms Kossow has demonstrated that the documents satisfy the fairly stringent test for admissibility.
-
7,123.
Harkat (Re) - 2008 FC 1288 - 2008-11-03
Federal Court DecisionsIt was determined that the week of November 3, 2008 would be reserved for public hearings that would deal with, amongst other things, the issue of the determination of the reasonableness of the certificate. [...] [7] The Court has noted the clear and express intention of the legislator to ensure that the proceedings shall proceed as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit (see paragraph 83(1)(a) of the Immigration and Refugee Protection Act (IRPA).
-
7,124.
Wong v. Canada (Citizenship and Immigration) - 2008 FC 534 - 2008-04-23
Federal Court Decisions[12] From a fair reading of the Board’s reasons, I am satisfied that, contrary to the submission of the applicants, the Board did not initially accept and then later ignore their evidence of seeking protection. [...] The revelation occurred late in Mr. Wong’s evidence, after he had testified that he did not believe he could go to the police if he was only threatened and that he did not know why he believed that the police would not deal with threats.
-
7,125.
Apple Canada Inc. v. Canadian Private Copying Collective - 2007 FCA 338 - 2007-10-26
Federal Court of Appeal Decisions[3] In dealing with this motion, I have considered the relevant factors set out in C.U.P.E. v. Cdn. Airlines Int. Ltd., [2000] F.C.J. No. 220. [...] b) Examining for the first time the issue of whether a digital audio recorder is a “recording medium” cannot threaten the integrity of the process before the Board or the finality of its decisions, be unfair or oppressive or offend anyone’s sense of fair play and decency [the res judicata issue]; and