11,315 result(s)
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7,276.
Gagnon v. The Queen - 1999-10-22
Tax Court of Canada Judgments[6] I can deal with the second issue fairly quickly, because it was disposed of on consent, albeit in a somewhat peculiar way. [...] [11] I shall deal with each of the contentions put forward by the respondent.
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7,277.
Nanoose Conversion Campaign v. Canada (Minister of Citizenship and Immigration) - 1997-12-17
Federal Court DecisionsIt is clear, I believe, that these provisions are concerned with the dumping of substances which have an adverse effect on the marine environment and are part of a regulatory scheme to deal with such dumping. [...] The Court here is dealing with judicial review, not with an appeal process as such is generally understood. [...] Furthermore, the field of ministerial discretion conferred by statute has long been interpreted as a fairly wide one.
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7,278.
Amican Navigation Inc. v. Densan Shipping Co. Inc. - 1997-08-19
Federal Court DecisionsThese special circumstances might include claims in which there are major uncertainties, such as in The "Manitou III", or where the security demanded is exorbitant, but not a situation, such as the present, where the plaintiff's damages figures seem fairly firm and the security requested reflects those figures. [...] According to counsel for the defendants, the Court should not hesitate to deal with the amount to be maintained if it is satisfied, on the evidence submitted by each of the parties, in the context and at the stage of the motion, that there are special circumstances, that is, uncertainties, exaggerations or a lack of [...] In the affidavit of J. Karathanos, dealing with that same amount, there is reference to damages sustained or liabilities incurred.
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7,279.
Shortreed v. Canada (Attorney General) - 1997-07-03
Federal Court DecisionsThe list includes eight statutes and a number of other publications dealing with the administration of CSC. These texts are available at Warkworth. [...] Neither any Standing Orders nor the requirements of procedural fairness have been violated. [...] There are internal grievance mechanisms to deal with the applicants' concerns, and the applicants availed themselves of none.
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7,280.
Merck Frosst Canada Inc. v. Canada (National Health and Welfare) - 1997-02-07
Federal Court DecisionsIn argument counsel for Novopharm and Apotex together, and counsel representing all the applicants for judicial review together, differed in their submissions on three key factors to be considered in dealing with the applications by Apotex and Novopharm to participate in the three proceedings. [...] There the issue was broad, i.e., the validity of the Regulations, a matter of great interest to the parties added as respondents, the Merck companies and Eli Lilly Canada Inc., which, moreover, were found to have interests directly affected by allegations of less than scrupulous dealings in affidavits before the Court. [...] Moreover, the issue is narrower than that in the proceedings to which Simpson J. added respondents, and there is no affidavit evidence before me, as there was before her, that makes allegations which would, in fairness, warrant a full opportunity for the proposed respondents to address.
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7,281.
Olympia Interiors Ltd. v. Canada - 1997-01-31
Federal Court DecisionsThe hearings on October 23 and November 19, 1996 were arranged to deal with motions outstanding and other matters raised by the parties after August, 1996. [...] Rule 5(b) of the Federal Court Rules, the so-called "Gap Rule", permits the Court to deal with any matter arising, that is not otherwise provided for, by reference to the practice and procedure in force in similar proceedings in the courts of the Province to which the matter of the proceeding most closely relates. [...] Nevertheless, I note that the three motions of the plaintiffs for judgment were dealt with together and fairly expeditiously, as was the plaintiff's motion for alternate relief in lieu of judgment at this stage The defendant's motions for an Order to require the plaintiffs to have leave of the Court to file further motions
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7,282.
Bedard v. Canada (Attorney General) - 2024 FC 570 - 2024-04-10
Federal Court DecisionsThe Applicants also pointed to the ERC’s own publication indicating that the ERC’s raison d’être is to promote fair and equitable labour relations as support for their position. [...] That the ERC has a mandate to deal with internal RCMP decisions does not transform the ERC process into a collective bargaining process governed by labour law. [...] Nevertheless, I will deal with the remainder of the Apotex test as it applies to the application before me.
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7,283.
Sawridge Band v. Canada - 2004 FC 1705 - 2004-12-06
Federal Court Decisions[37] I am not, of course, dealing with a motion by the Plaintiffs. I am dealing with a motion by the Interveners who wish to clarify their role at trial in accordance with previous orders of this Court, and which the Plaintiffs have tried to use as an opportunity to re-hash the whole position of the Interveners in a way [...] They bring a different perspective from that of the Crown on some matters that, in my view, will be of considerable assistance to the Court in dealing with the issues raised by this trial. [...] The restrictions contained in the Federal Court Rules, 1998 dealing with the form and volume of written materials must be complied with unless the Court rules otherwise;
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7,284.
McKeown v. The Queen - 2001-03-12
Tax Court of Canada JudgmentsWhile cable maintenance is fairly easy in urban centres, the same is not true in remote areas. [...] He was assigned the research and development files after the Minister of National Revenue received a great deal of mail on the subject. [...] For the 1989-93 taxation years, the auditors did not verify the fair market value of the investors' shares.
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7,285.
Dedvukaj v. Canada (Citizenship and Immigration) - 2024 FC 1300 - 2024-08-21
Federal Court DecisionsThey spent a great deal of time in Canada, the Officer at one point remarking that: “[a] note was entered indicating that [the Associate Applicant] was crossing the border on nearly a daily basis.” On August 7, 2018, the Associate Applicant and Zef submitted H&C applications, the decisions thereof being subject to [...] The Officer found that the ECHR did not “invalidate the conviction itself as the fairness of the trial was not contested,” and that counsel’s assertion that the conviction had been internationally denounced was inaccurate. [...] There has not been a breach of procedural fairness. IV. Issue and Standard of Review
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7,286.
Stonehouse v. Batco Manufacturing Ltd. - 2004 FC 1767 - 2004-12-22
Federal Court Decisions[30] The Meissner deal lasted until June 1, 1998, when REM Manufacturing Ltd. assumed the position of licensee.[21] [...] (b) Adherence to the language of the claims in turn promotes both fairness and predictability. [...] Those twin interests have been described by the jurisprudence as fairness and predictability.
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7,287.
Anderson v. The Queen - 2016 TCC 93 - 2016-03-04
Tax Court of Canada Judgments[44] CRA sent further letters and these were provided to Rasool, but at some point in 2010, Rasool disappeared and none of the individuals who had dealings with him could find him. [...] [85] The duty of a taxpayer is to attempt honestly to provide accurate information to the government about their affairs so that a fair assessment can be issued. [...] [87] In the within appeal, page 11 dealing with an Ontario Foreign Tax Credit and the Ontario Health Premium Chart was of no interest to Anderson nor was the page dealing with Ontario Credits and Senior Homeowner’s Property Tax Grant.
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7,288.
Quinco Financial Inc. (formerly Landex Investments Company) v. The Queen - 2013 TCC 20 - 2013-01-23
Tax Court of Canada Judgments[2] The day before the trial, I was advised by the appellant that it was conceding the issue dealing with the deduction of bad debts. [...] 12 The provisions of the Income Tax Act must be interpreted in order to achieve consistency, predictability and fairness so that taxpayers may manage their affairs intelligently. [...] [36] There were numerous reassessments but I will only refer to the ones dealing with the residual ITCs.
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7,289.
Sylvester v. Canada (Citizenship and Immigration) - 2012 FC 17 - 2012-01-05
Federal Court DecisionsThis failure to deal with primary submissions, which were supported by several references on the record, is a reviewable error. [...] These decisions are highly discretionary and as long as the officer fairly considers the relevant evidence and makes a reasoned decision, the decision cannot be faulted. [...] [71] Because of my conclusion on Issue 3, I need not deal with the remaining issues.
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7,290.
Duran Mejia v. Canada (Citizenship and Immigration) - 2009 FC 354 - 2009-04-08
Federal Court Decisions[17] The Board also found that the Applicant had not sought help from state authorities to deal with the corruption she suspected between the police and her uncle. [...] The Applicant had further knowledge of the existence of the Human Rights Commissions that deal with complaints about police misconduct and situations where citizen’s rights are violated. [...] 4) Whether the Board erred in law by failing to consider evidence before it, dealing with the issue of state protection, which applied to the Applicant’s specific situation;
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7,291.
Cosgrove v. Canada (Attorney General) - 2008 FC 941 - 2008-08-11
Federal Court DecisionsWe have agreed to hear Mr. Paliare and Mr. Cherniak by telephone conference on the sole question of the procedure to follow in dealing with Mr. Paliare’s motion. [...] As counsel for the Attorney General pointed out, the Court would be dealing with a different decision, on different facts and in different circumstances. [...] 64. Le juge en cause doit être informé, suffisamment à l’avance, de l’objet de l’enquête, ainsi que des date, heure et lieu de l’audition, et avoir la possibilité de se faire entendre, de contre-interroger les témoins et de présenter tous éléments de preuve utiles à sa décharge, personnellement ou par procureur.
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7,292.
Reed v. Canada (Attorney General) - 2007 FC 1237 - 2007-11-23
Federal Court DecisionsIn this statement, dated September 15, 2005, Lieutenant-Colonel Slater wrote that he retains a fairly clear memory of the incident involving the applicant in Cyprus. [...] [40] There is little case law dealing with subsection 21(1) of the Act as opposed to subsection 21(2). [...] There is no section dealing specifically with when PTSD is incurred. This may explain the lack of focus of the VRAB on this criterion.
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7,293.
NHM International Inc. v. All Risks (The) - 2003 FCT 53 - 2003-01-21
Federal Court DecisionsIndeed, at page 680, Lord Cairns found a clear consensus between the parties, arrived at by one side signing the document and approbation given by the Metropolitan Railway in its course of dealing. [...] [33] As an alternative counsel for F.C. Yachts Ltd. says that if there was a contract, or if there was no definitive contract, F.C. Yachts Ltd. ought to be entitled to recover the fair and reasonable value of work done and materials supplied. [...] Fridman on the Law of Contract, 3rd edition, 1994, Carswell of Canada, deals with quantum valebant at page 701.
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7,294.
Rychjohn v. The Queen - 2001-09-26
Tax Court of Canada JudgmentsThere's a chance that maybe there's a further profit by building a house or two houses on these properties and I'm not ashamed to say it, I got some fabulous deals. [...] I never got in free, but I got some fabulous deals in building the Eldorado homes via the Bridgewater Estates. [...] He investigated whether the house was transferred from the joint venture to Investments at fair market value.
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7,295.
Sunoco Inc. v. The Queen - 2001 FCT 731 - 2001-06-29
Federal Court Decisions(a) Part I deals with a tax on insurable premiums; (b) Part II imposes an air transportation tax; [...] [17] The schedules to the Act are equally varied and self-containing and may be summarized for illustrative purposes without dealing with all of them: [...] (d) Schedule III deals with coverings and containers and creates exceptions to charging provisions as does Part II of the Schedule headed "Diplomatic".
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7,296.
Creighton v. Franko - 1998-07-13
Federal Court DecisionsHis position is that the individual Respondents, who now own the land in question, did not themselves file affidavits dealing with the merits. [...] Mr. Creighton seemed not to understand that there was no obligation on those land holders to file material, at this point, defending their interests in their land or dealing with the merits of Mr. Creighton's claim, but rather that this was a motion to deal with procedural aspects, namely the right of Mr. Creighton to bring [...] Mr. Creighton does also refer to Section 56(1) of the Federal Court Act, however that section is not germane to the present consideration, for it deals with writs of execution.
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7,297.
Canada v. Jorizons Unbound Rehabilitation and Training Society (H.U.R.T.S.) - 1996-11-19
Federal Court DecisionsThe fair market value was estimated at $250,000.00, the value being low, for as a side trawler she was outmoded and in any event had too small a hold capacity to be economical in any trade without costly modification. [...] The Defendant and the Intervenor, Dr. Ney, have filed much affidavit material dealing with the merit of Horizons Unbound's project to assist in the rehabilitation of young offenders. [...] Horizons Unbound have also put in a good deal of evidence to show that they have a good arguable defence.
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7,298.
Mulder v. Canada (Attorney General) - 2020 FC 944 - 2020-09-30
Federal Court DecisionsB. Procedural Fairness under the CHRA [71] The duty of procedural fairness owed by the CHRC to a complainant has long been established. [...] He determined that procedural fairness is not amenable to a standard of review analysis. [...] There was no breach of procedural fairness. [112] I have not been persuaded that Mr. Mulder’s procedural fairness rights were violated.
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7,299.
Canada (Citizenship and Immigration) v. Panahi-Dargahloo - 2010 FC 647 - 2010-06-15
Federal Court Decisions2. Was the Ministers’ counsel denied procedural fairness in the hearing? [...] Was the Ministers’ counsel denied procedural fairness in the hearing? [...] [53] I will proceed by dealing with each of the alleged errors which the applicants say render the decision unreasonable.
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7,300.
Drouin v. The Queen - 2012 TCC 94 - 2012-02-27
Tax Court of Canada Judgments3. Admitting the testimony into evidence would compromise procedural fairness [...] He also cites O'Brien v. Chief Constable of South Wales Police [2005] UKHL 26, at para 6, which describes the importance of procedural fairness more generally. [...] ... if it is logically probative, that is if it is logically relevant in determining the matter which is in issue; provided that it is not oppressive or unfair to the other side; and also that the other side has fair notice of it and is able to deal with it.