11,315 result(s)
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7,326.
Molefe v. Canada (Citizenship and Immigration) - 2015 FC 317 - 2015-03-12
Federal Court DecisionsTheir aim is to ensure a fair hearing: Newton v Canada (Minister of Citizenship and Immigration), [2000] FCJ No 738 (TD) at para 18; Keleta v Canada (Minister of Citizenship and Immigration), 2005 FC 56; Karanja v Canada (Minister of Citizenship and Immigration), 2006 FC 574 at paras 5-6. [...] I am satisfied from a review of the transcript and the Board’s reasons that Ms Molefe received a fair hearing. [...] Our legal system has a long experience in dealing with forensic experts testifying on matters relating to technical evidence for the purpose of assisting courts in their determinations.
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7,327.
Kun v. Canada (Citizenship and Immigration) - 2014 FC 90 - 2014-01-24
Federal Court Decisions[25] Dealing now with the remedy of mandamus, I refer to the test set out in Apotex Inc. v. Merck & Co. and Merck Frosst Canada Inc. (1993), 162 N.R. 177. [...] [27] Insofar as the Applicant is seeking admission into Canada he is entitled to fair treatment as the Respondent generally discharges his duties in the administration of the Act. [...] 12. 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. 12.
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7,328.
Brent Kern Family Trust v. The Queen - 2013 TCC 327 - 2013-10-17
Tax Court of Canada JudgmentsAlthough dealing at some length with the contentious factual finding of a trust, Justice Sharlow, confirmed the issue was moot before the appeal court since it was not challenged by the appellant on that ground at appeal. [...] [19] Factually, the trust used proceeds received from the settlor to purchase shares from the beneficiary at fair market value. [...] 3. The statements of the Federal Court of Appeal that subsection 75(2) do not apply in all circumstances where fair market value is paid for the property, even in the absence of conversion of the settled trust property, are obiter dicta and not part of the material facts in that decision; and
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7,329.
Canada (Citizenship and Immigration) v. Bilalov - 2013 FC 887 - 2013-08-21
Federal Court DecisionsIn order to find an abuse of process, the court must be satisfied that, "the damage to the public interest in the fairness of the administrative process should the proceeding go ahead would exceed the harm to the public interest in the enforcement of the legislation if the proceedings were halted" (Brown and Evans, supra, [...] There was testimony from the Defendants in Parekh “that the delay in the revocation proceedings caused them a great deal of uncertainty and distress; that it has deprived them of their ability to travel, which had an adverse effect on both their family life and Mr. Parekh's employment prospects; and that it has resulted in [...] [28] In this case, given the absence of evidence of impact of the delay on the Defendant, I am unable to conclude that "the damage to the public interest in the fairness of the administrative process should the proceeding go ahead would exceed the harm to the public interest in the enforcement of the legislation if the
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7,330.
LeBon v. Canada (Attorney General) - 2012 FCA 132 - 2012-04-27
Federal Court of Appeal Decisions[The Minister’s] reasons are complete, intelligible and sufficient to allow the Applicant to know that all of the factors set out in section 10 of the [Act] were fairly considered” (reasons, paragraph 47). [...] [20] Turning now to the Minister’s decision, read fairly in light of the evidentiary record before him, it is apparent that the Minister disagreed with the advice provided by the CSC that Mr. LeBon was not likely to commit an act of organized crime. [...] [22] Dealing with the first unanswered question, in my view there is no bright line test which determines what level of explanation is required when the Minister disagrees with advice he has received.
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7,331.
Barker v. The Queen - 2012 TCC 64 - 2012-02-21
Tax Court of Canada JudgmentsI have now ready [sic] after the holidays, to deal with this matter. [...] e) the order sought is in the interests of justice and fairness to ensure that the Respondent is not taken by surprise at trial; [...] (e) the order sought is in the interests of justice and fairness to ensure that the respondent is not taken by surprise at trial.
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7,332.
Singh v. Canada (Citizenship and Immigration) - 2010 FC 1161 - 2010-11-19
Federal Court Decisionsa. The tribunal breached a principle of natural justice or procedural fairness when it refused to grant his counsel’s motion for a de novo hearing made at the start of the tribunal’s second session on October 13, 2009, arguing Mr. Singh did not understand the interpreter at the first session held on August 14, 2009 and [...] The claimant had to be reminded not to speak directly to the interpreter as a party in the hearing, and the interpreter had to be reminded to use patience in dealing with the claimant’s outburst against her. [...] [25] A fair reading of the transcript supports the tribunal’s conclusions both on the procedural ground and more important on the substantive ground.
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7,333.
Canada (National Revenue) v. Zen - 2009 FC 531 - 2009-05-26
Federal Court Decisions[11] In August 2006, Mr. Zen brought an application for judicial review in this Court of the Minister’s decision to deny Mr. Zen a “Fairness Package” relieving him of his obligation to pay the interest accruing from his debt. [...] [13] On March 12, 2008, Mr. Zen’s application for judicial review of the Minister’s decision to deny his request for fairness relief under the Act was dismissed. [...] Division I of Part I, deals with “Returns, Assessments, Payments, and Appeals”, and includes the section on interest (section 161).
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7,334.
Coastal Resources Limited v. Canada (National Revenue) - 2009 FC 181 - 2009-02-19
Federal Court Decisions[9] For his part, the Respondent filed the Affidavit of Ms. Murdock, Acting Manager, Access to Information and Privacy Directorate with the CRA. In her Affidavit, Ms. Murdock describes the process that she followed in dealing with the Applicant’s request for information. [...] ... c) contenant des renseignements dont la divulgation risquerait vraisemblablement de nuire aux activités destinées à faire respecter les lois fédérales ou provinciales ou au déroulement d’enquêtes licites, notamment : [...] Q. Injurious to the - - perhaps I could use the word administration or implementation of the Income Tax Act; would that be fair?
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7,335.
Lundbeck Canada Inc. v. Ratiopharm Inc. - 2008 FC 579 - 2008-05-06
Federal Court DecisionsThe Court must be satisfied of the efficiency of the proposal without however affecting “the substantial rights of the parties and the fairness of their procedural rights”: Purdue Pharma v. Pharmascience Inc., 2007 FC 1196, 62 C.P.R. (4th) 449 at paragraph 8 (Purdue). [...] [17] .... Indeed, the very complexity of the issues and the awkwardness created by the partial reversal needed to deal with the allegations of non-infringement, lack of sound prediction and over-broadness, would require a high degree of cooperation between the parties... [...] I am satisfied that full reversal on issues of invalidity, in the circumstances of this case, is fair, and will result in a trimmer and more expeditious proceeding.
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7,336.
Canada (Attorney General) v. Gillis - 2007 FCA 112 - 2007-03-16
Federal Court of Appeal Decisions[11] The adjudicator’s reasons also explain the importance of posting proper job descriptions and the negative effects that mistakes can have on the efficiency of the promotion system and on the confidence that employees have in its fairness. [...] [21] Chapter 5, “Job Descriptions and Job Requirements”, of the RCMP Career Management Manual includes provisions dealing with the date of a promotion: Appeal Book, p. 263. [...] [30] Fourth, the purpose of the grievance process is to provide a fair, informed, inexpensive and expeditious disposition of grievances, a factor which also favours considerable deference.
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7,337.
Poopathie Company Ltd. v. The Queen - 2006 TCC 195 - 2006-03-28
Tax Court of Canada JudgmentsIn my view the sale agreement and the financing documents show a fairly clear intent for the vehicle to be owned by the corporation and not Mr. Nadarajah. [...] [18] Exhibit A6 is a series of charts that is intended to show that the corporation's income as reported in the tax returns is fairly consistent with the shareholder's net worth if the net worth calculations are adjusted to take into account the items suggested by the appellant. [...] [24] I now turn to an issue dealing with amounts withdrawn from Mr. Nadarajah's personal bank account.
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7,338.
Janssen-Ortho Inc. v. Novopharm Ltd. - 2005 FC 1603 - 2005-11-28
Federal Court Decisions[1] The following reasons and order deal with a motion filed by the Respondents to strike an application made by the Applicants pursuant to subsection 6(5)(b) of the Patented Medicines (Notice of Compliance) Regulations ("NOC Regulations"). [...] As often reiterated in the case law, this doctrine is concerned with the finality of court rulings, fairness to the parties and the proper administration of justice. [...] After all, these two judicial doctrines have much in common and both aim at dispensing justice as efficiently and fairly as possible.
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7,339.
Roozbahani v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1524 - 2005-11-09
Federal Court Decisions[16] I will deal with each of the above factors in turn. [17] The Board stated that, given the treatment the Applicant alleges to have suffered in the hands of the authorities and the death threats he claims to have received, it is implausible that he would have participated in the distribution of anti-regime flyers and [...] It is not difficult to understand that, to be fair to a person who swears to tell the truth, concrete reasons supported by cogent evidence must exist before the person is disbelieved. [...] Therefore, to be fair, a decision-maker must be able to articulate why he or she is suspicious of the sworn testimony, and, unless this can be done, suspicion cannot be applied in reaching a decision.
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7,340.
Nolan v. Canada (Attorney General) - 2005 FC 1305 - 2005-09-22
Federal Court Decisions[21] The Board's adoption of the test set out in Mackay, supra to deal with fresh evidence follows existing jurisprudence, is consistent with good agency management, avoids the unnecessary expense of scarce resources, and is a practical way of applying the principle of finality in an agency context. [...] According to the Applicant, the issue of proximate cause had not been previously raised, and the Board breached its duty of procedural fairness by not advising the Applicant that this would be an issue, and not giving him time to address the issue. [...] Thus, the Board in no way breached its duty of procedural fairness by not advising the Applicant that this would be an issue.
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7,341.
Ding v. Canada - 2005 FC 442 - 2005-04-04
Federal Court DecisionsFirst, the pleading does not give the defendant fair notice of the case which it has to meet, and prevents the Court from properly regulating the proceedings. [...] [18] The plaintiffs' statement of claim is a long, rambling document that sets out a narrative account of Ding's dealings with various CIC officers with respect to his citizenship application over a number of years. [...] [22] In Ceminchuk v. Canada, [1995] F.C.J. No. 914, Prothonotary Hargrave concluded that a statement of claim should be struck where a defendant did not have fair notice of the case which it had to meet, and the Court could not regulate the proceedings.
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7,342.
Jacques v. Canada (Solicitor General) - 2004 FC 1481 - 2004-10-25
Federal Court Decisions[16] First, the applicants claim that the officer failed to fulfill her obligation of procedural fairness and erred in law in failing to give the applicants a hearing while certain evidence raised a significant question regarding the applicants' credibility. [...] There was also a great deal of documentary evidence submitted by the applicant establishing that there were human rights violations in Haiti. [...] Procedural fairness [22] As the respondent argues, a PRRA officer does not sit on appeal or in judicial review and is therefore entitled to trust the IRB's findings in the absence of new evidence.
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7,343.
Astrazeneca AB v. Apotex Inc. - 2004 FC 1207 - 2004-09-02
Federal Court DecisionsThe proposed affidavits are, for the most part, a reiteration of previously filed evidence, a reinterpretation of old results or, more significantly, an attempt to introduce new evidence which could have been adduced earlier, or which cannot fairly be viewed as a reply to the evidence of Dr. Lindquist. [...] In other words, the evidence between the parties on testing matters is not fairly joined. [...] Dr. Cima is dealing with Dr. Lindquist's test results which were first revealed in Lindquist 2 which contain an opposite conclusion Dr. Cima reached.
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7,344.
AB Hassle v. Apotex Inc. - 2004 FC 1208 - 2004-09-02
Federal Court DecisionsThe proposed affidavits are, for the most part, a reiteration of previously filed evidence, a reinterpretation of old results or, more significantly, an attempt to introduce new evidence which could have been adduced earlier, or which cannot fairly be viewed as a reply to the evidence of Dr. Lindquist. [...] In other words, the evidence between the parties on testing matters is not fairly joined. [...] Dr. Cima is dealing with Dr. Lindquist's test results which were first revealed in Lindquist 2 which contain an opposite conclusion Dr. Cima reached.
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7,345.
Therrien v. The Queen - 2004 TCC 418 - 2004-06-10
Tax Court of Canada Judgments(B) there are no other differences between the terms and conditions of the classes of shares that could cause the fair market value of a share of the particular class to differ materially from the fair market value of a share of the other class, [...] [21] Subsection 15(1) deals with what may be considered to be a distribution to a shareholder of part of the accumulated assets of a corporation.
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7,346.
Branigan v. Canada (Minister of Citizenship and Immigration) - 2004 FC 245 - 2004-02-17
Federal Court Decisions(ii) those portions of the offices in Canada, other than ports of entry, that deal on a full-time basis with enforcement (removals, detention, investigations, pre-removal risk assessments, hearings, appeals, interventions and war crimes) and intelligence [...] Breach of Fairness [28] The last serious issue raised by counsel for the applicant is a breach of fairness that he was not allowed to subpoena and cross-examine Ms. Swayze.
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7,347.
Pearson v. The Queen - 2003 FC 1058 - 2003-09-11
Federal Court DecisionsMore specifically, the plaintiff alleges that agents of the Crown willfully and maliciously failed to disclose documents, tendered fraudulent ones and gave perjured and contradictory evidence, with the effect of depriving him of his right to a fair trial and the liberty and security of his person, as guaranteed by the [...] L'action qui tend à faire valoir un droit personnel ou un droit réel mobilier et don't le délai de prescription n'est pas autrement fixé se prescrit par trois ans. [...] [21] I am cautioned that the Court in Kibale, refers to "a statute of limitations under the common law", while in this instance we are dealing with prescription at civil law.
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7,348.
Negoita v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 770 - 2003-06-20
Federal Court DecisionsShe began working as a waitress and claimed to have experienced a great deal of harassment and discrimination due to her Roma ethnicity. [...] The Board reasoned that her fair skin was a reason why she would be less likely to be considered to be a Roma by the people in Romania. [...] [24] The Applicant claims that she was denied her right to procedural fairness as a result of the Board's request that she speak in the Romani language in the absence of an interpreter, when there was no evidence that the Board had any particular knowledge of that language.
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7,349.
La v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 476 - 2003-04-23
Federal Court DecisionsLa demonstrated a lack of regard for this order by engaging in criminal drug dealing behaviour therefore establishing recidivism with regard to criminal behaviour. [...] However, fairness required that, if it did so, the existence of the charges ought not to have played any part in the decision to grant or not grant the extension to the stay being asked for. [...] Since we have doubt that this requirement of fairness was met, the appeal should be allowed and the matter referred back to the Board for a rehearing by a panel which may or may not be that which conducted the impugned review.
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7,350.
Moulton v. The Queen - 2002-02-08
Tax Court of Canada JudgmentsThis resulted in me filing an Objection of Appeal and also writing my Member of Parliament in the hope of seeing fairness done. [...] Still hoping for a fair settlement, I am asking the Tax Court of Canada to hear my case. [...] [10] This may be contrasted with paragraphs (b) and (c) which deal with payments made in respect of a year prior to 1990.