11,315 result(s)
-
7,126.
Intertech Marine Limited v. Menéndez - 2007 FC 528 - 2007-05-17
Federal Court DecisionsAs a general rule, costs should follow the event (Merck & Co. v. Novopharm Ltd. (1998), 82 C.P.R. (3d) 457 at 464 (F.C.T.D.), 152 F.T.R. 74).Where success has been fairly evenly divided, there should normally be no order as to costs (Lubrizol Corp. v. Imperial Oil Ltd. (1996), 67 C.P.R. (3d) 1 at 25 (F.C.A.), [1996] 3 [...] In contrast, the issues were not complex in the litigation before me; rather, the Court was dealing with a relatively straight-forward contractual dispute between two parties that raised no public interest issues.
-
7,127.
Iqbal v. Canada (Minister of Citizenship and Immigration) - 2006 FC 1219 - 2006-10-12
Federal Court DecisionsFirst, it is only fair and reasonable for parties to litigation to expect that the decision-maker will consider the evidence in its entirety, with an open mind, before making findings about the value to be placed on critical elements of the evidence. [...] To properly do so, it was necessary for the RPD to first deal with the authenticity of the documentary evidence in its own right.
-
7,128.
Pierre-Louis v. Canada (Minister of Citizenship and Immigration) - 2005 FC 377 - 2005-03-17
Federal Court Decisionsa) directement ou indirectement, faire une présentation erronée sur un fait important quant à un objet pertinent, ou une réticence sur ce fait, ce qui entraîne ou risque d'entraîner une erreur dans l'application de la présente loi; [...] There is no doubt, therefore, that the misrepresentations could induce an error in the administration of the Act since the government could deal with this third party's case differently than it otherwise should.
-
7,129.
Volkswagen Canada Inc. v. Access International Automotive Ltd. - 2004 FC 202 - 2004-02-06
Federal Court DecisionsJudgments, even interlocutory judgments dealing with such mundane matters as affidavits of documents must be respected and cannot likely be set aside. [...] Once it endorses the consent order, the Court cannot look into the giving and taking that has gone on between the parties so as to reach what is, or was at the time, in their view, a fair bargain.
-
7,130.
Amarapala v. Canada (Minister of Citizenship and Immigration) - 2004 FC 12 - 2004-01-07
Federal Court Decisions[8] I will deal first with the applicant's submission with respect to section 7 of the Rules. [...] S'il ne peut le faire, il en donne la raison et indique quelles mesures il a prises pour s'en procurer.
-
7,131.
Camoplast Inc. v. Soucy International Inc. - 2003 FC 1401 - 2003-11-28
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 initially 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.
-
7,132.
Geddes Contracting Co. Ltd. V. The Queen - 2003 TCC 197 - 2003-04-02
Tax Court of Canada JudgmentsThat case deals with a situation in which a witness in a criminal trial proposed to change his testimony, and the factors relating to the reliability of the proposed new evidence make it quite different from the case before me. [...] The Lubrizol[2] case, although a civil proceeding, also involved very different considerations as to fairness from those that pertain here.
-
7,133.
Guerra-Parrales v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 1345 - 2001-12-06
Federal Court DecisionsIt is also clear that in addition to the damages he has caused to his family and his dealing in a major way in illicit drugs, the financial cost to Canadian society has also been and continues to be extensive." [...] [19] I am satisfied that circumstances in the present case have changed considerably since the review of 1997 and fairness alone requires that the Appeal Board reopen this matter.
-
7,134.
Salls v. Canada (Minister of Human Resources) - 2000-06-28
Federal Court DecisionsFor example, in the Federal Court of Appeal decisions to which counsel for the respondent referred me, dealing with old Federal Court Rule 1107(1), the following comments are found: Kurniewicz v. Canada (Minister of Manpower & Immigration)(1974), 6 N.R. 225 at 230: [...] [10] Furthermore, I am concerned that the effect of the applicant's lack of representation throughout this entire process has affected the fairness of the procedure.
-
7,135.
Novopharm Ltd. v. Canada (Registrar of Trade-Marks) - 2000-04-12
Federal Court DecisionsCounsel submitted that as Novopharm had not received the Registrar's notice, when it wrote seeking an order for cross-examination, the Registrar should deal with its request. [...] At that time, Novopharm can seek review of any error on the refusal to grant leave to cross-examine and review of any denial of fairness, which Novopharm may have suffered resulting from the Registrar's decision of February 9, 1999.
-
7,136.
Singh v. Canada (Citizenship and Immigration) - 1999-09-29
Federal Court DecisionsIn writing the applicant raised anew the Charter arguments first raised at the panel hearing, in particular that his rights to determination of his claim to refugee status without unreasonable delay was a right secured by the Charter, and here violated contrary to the Charter, and contrary to principles of fairness and to [...] In my view, these submissions are met and fully dealt with by the decision of the Court of Appeal in Akthar v. Minister of Employment and Immigration (1991), 129 N.R. 71; 14 Imm. L.R. (2d) 39, which held that delay in dealing with the credible basis of a refugee claim is not in itself a violation of Charter rights.
-
7,137.
Tunda v. Canada (Minister of Citizenship and Immigration) - 1999-05-31
Federal Court Decisions(2) La Cour ne rend une ordonnance contre un avocat en vertu du paragraphe (1) que si elle lui a donné la possibilité de se faire entendre. [...] Counsel for the applicant is an experienced lawyer dealing in judicial review applications involving refugee claimants.
-
7,138.
Ager v. International Brotherhood of Locomotive Engineers - 1999-05-21
Federal Court of Appeal Decisions[1] These proceedings for judicial review addressed complaints concerning the conduct of the Respondent union relative to whether it should have submitted matters dealing with general holidays to a formal ratification vote. [...] A person directly affected by material (on costs) submitted to the Court should be allowed to view it in the interests of procedural fairness under the rules of natural justice.
-
7,139.
MacIsaac v. The Queen - 1998-09-23
Tax Court of Canada JudgmentsMy family doctor knows that I limp but I very rarely see him about my back - I deal with the pain clinic in Halifax whenever I have problems. [...] 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.
-
7,140.
P.L. Construction Ltd. v. Canada - 1998-06-26
Federal Court of Appeal DecisionsThere were two other issues decided by the Tax Court Judge, the matter of the assessment of the fair market value of the apartment building involved and the matter of certain input tax credits, but these were not challenged on this application. [...] "As to the penalties it is not difficult to realize that Mr. Loewen did not follow the provisions of the Excise Tax Act dealing with GST. There were several discrepancies in the reporting including the omission of many dollars of sales and as a result he assented to or acquired [sic] in the making of false statements or
-
7,141.
Ab Capital Corporation v. Canada (Minister of Citizenship and Immigration) - 1998-03-18
Federal Court DecisionsThis is quite obvious when one reads, for example, paragraphs 46 and 47 where Mr. Webber deals with the affidavits of Brian Rogers and Marlene Bell. [...] However, they must adduce some evidence to convince me that it would be fair in the circumstances to allow them to add a further ground to their applications for judicial review.
-
7,142.
Dragona Carpet Supplies Mississauga Inc. v. Dragona Carpet Supplies Ltd. - 2023 FCA 228 - 2023-11-22
Federal Court of Appeal Decisions[5] There are two prongs to the appellant’s attack on the Federal Court decision; the first dealing with the Federal Court’s findings with respect to goodwill and the second with respect to misrepresentation. [...] The judge was obviously incorrect as to when these conversations took place, but I do not think anything turns on this, as the judge’s decision of the existence of an oral licence was based on his assessment of the entire history of business dealings between the parties. [...] [33] Subsection 50(1) requires not only a licence to use a mark (which could more fairly be equated with an acknowledgement of ownership), but also a demonstration of direct or indirect control over the character of the quality of goods or services associated with the mark.
-
7,143.
Bello v. Canada (Citizenship and Immigration) - 2023 FC 1094 - 2023-08-10
Federal Court DecisionsAfter setting out a list of factors and considerations designed to assist officers assessing H&C applications under s. 25(1) as set out in IP 5, the Application stated that family-related interests are important when “dealing with an A25 application.” She noted her close bond with her children, and that removal from [...] (a) uses, deals with or acts on it as if it were genuine; (b) causes or attempts to cause any person to use, deal with or act on it as if it were genuine; [...] [17] The Supreme Court of Canada has established that when conducting judicial review of the merits of an administrative decision, other than a review related to a breach of natural justice and/or the duty of procedural fairness, the presumptive standard of review is reasonableness: Canada (Minister of Citizenship and
-
7,144.
Chotalia v. Canada (Attorney General) - 2021 FC 279 - 2021-03-31
Federal Court Decisions[29] The Minister in response notes that Bonnybrook did not deal with a rebate application. [...] 220(3) Le ministre peut en tout temps proroger le délai fixé pour faire une déclaration en vertu de la présente loi. [...] [33] The significant factual difference between Mr. Chotalia’s case and Bonnybrook is that Bonnybrook clearly and specifically deals with an income tax “return”.
-
7,145.
McKenzie v. The Queen - 2017 TCC 56 - 2017-04-05
Tax Court of Canada Judgments[25] Section 408 of the US Internal Revenue Code deals with US IRAs. The relevant sections are 408(a) and 408(h). [...] [44] Subsection 70(5) of the Act deals with the capital property of a deceased taxpayer. [...] Pursuant to subsection 70(5) the deceased taxpayer shall be deemed to have disposed of each capital property and received proceeds of disposition equal to the fair market value of the property before the death.
-
7,146.
Karn v. Canada (Attorney General) - 2017 FC 123 - 2017-01-31
Federal Court Decisions[41] Ms. Karn further submits that the decision was unreasonable as it was made in a capricious manner and it provided no analysis or foundation for its conclusion that the PSLRA was a more appropriate process than section 129 of the CLC to deal with her concerns. [...] In either case, the Regional Director’s decision was not justified, transparent or intelligible as it lacked any explanation of why the PSLRA constituted a more appropriate process to deal with Ms. Karn’s allegations of danger or why she was rejecting Mr. Thibault’s recommendation. [...] régional: paragraphe 129(1) de la Partie II du Code canadien du travail” [TRANSLATION] “Report of Recommendations to the Regional Director, Section 129(1) of the Canada Labour Code, Part II”, wherein Mr. Thibault states “cette affaire doit faire l’objet d’une enquête” [TRANSLATION] “this case must be investigated”.
-
7,147.
Abdelrazik v. Canada - 2015 FC 548 - 2015-04-29
Federal Court DecisionsIn addition, the pertinent question and answer had already been disclosed and the remaining part of the transcript deals with other matters not related to the August 2011 leak. [...] I will now deal with the substantial matters related to the motion for disclosure. [...] [29] In order to dispose of all the requests made by the Plaintiff in this motion, I intend to deal with each one of them in the following manner:
-
7,148.
Jama v. Canada (Citizenship and Immigration) - 2011 FC 696 - 2011-06-14
Federal Court DecisionsFirst, it noted that, although the Applicant had had extensive dealings with US immigration officials while he was in that country from 2000 to 2003, he had made no attempt to obtain documents from them in support of his claim for refugee status in Canada. [...] S’il ne peut le faire, il en donne la raison et indique quelles mesures il a prises pour s’en procurer. [...] He lived in the US for three years and had extensive dealings with US immigration authorities.
-
7,149.
Emond v. The Queen - 2011 TCC 142 - 2011-03-10
Tax Court of Canada Judgments[16] The next issue deals with the deduction of rental losses of $23,596 claimed by the appellant for 2005. [...] The appellant's partner, Lise Hamel, has also spent a great deal of time at the inn with her daughter and has helped the appellant operate the business. [...] He maintains that, even though he had worked hard, he lost money in the business and that it would be fair to let him deduct the rental losses at issue.
-
7,150.
Teva Neuroscience G.P.-S.E.N.C v. Canada (Attorney General) - 2010 FC 1204 - 2010-11-29
Federal Court Decisions• [6] The redetermination was taken up by the Board which has assigned different people to deal with the matter. [...] In so doing, I would have preserved the jurisdiction of this Court to deal with that controversy, if necessary, and in no way would I have prejudiced either the Applicant or the Respondent. [...] Cela permettra aux appelants d’aborder directement la question des recommandations que la Commission devrait faire, le cas échéant.