11,315 result(s)
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7,376.
Gagea v. The Queen - 2007 TCC 620 - 2007-08-27
Tax Court of Canada Judgments[11] In Gifford, the Supreme Court was dealing with the deductions that might be claimed by financial advisors of an investment company (Midland Walwyn Capital Inc.). [...] 17 That employees are treated differently than taxpayers earning income from business or property under the Act is not novel nor readily seen as fair.
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7,377.
Shangguan v. Canada (Citizenship and Immigration) - 2007 FC 75 - 2007-01-30
Federal Court Decisions(3) the Officer breached the duty of fairness owed to the applicant. [...] * * * * * * * * [11] Dealing first with the applicant’s second argument concerning the interpretation made by the Officer of the requirements for the assessment of work experience, I agree with the respondent that the onus is on the applicant to fully satisfy the visa officer of the existence of all the positive elements in
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7,378.
Mircha v. Canada (Minister of Citizenship and Immigration) - 2007 FC 46 - 2007-01-17
Federal Court DecisionsThese include that the recent conviction was a minor offence arising from a desire to see his child on the child’s birthday; the “sister-in-law” had personal motives for her allegation that there was danger; and that he had support from his psychologist and social worker dealing with his wife’s mental illness and his [...] [18] As to the breach of natural justice, I cannot agree with the suggestion that in a reconsideration of a danger opinion where there was a public hearing on the initial opinion, the level of fairness owed on the reconsideration is low.
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7,379.
Van Egmond v. Canada - 2006 FC 771 - 2006-06-15
Federal Court Decisionsowners within the proposed park, sued Canada for damages arising out of tactics alleged to have been used by Canada and its agents in order to discourage the Plaintiffs from using, developing and enjoying their property, the result of which the Plaintiffs say was a forced court-ordered sale at less than fair market value. [...] [10] For the reasons that follow, I need not deal with the significant agency or constitutional issues raised by the parties.
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7,380.
Skandrovski v. Canada (Minister of Citizenship and Immigration) - 2005 FC 341 - 2005-03-09
Federal Court DecisionsOne of the bases of the application was that "the panel failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe". [...] It was also argued that the Board had failed to deal with Mrs. Skandrovski's illness which is said to have contributed to the delay, other than to receive a negative reply to the question as to whether or not she had been hospitalized.
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7,381.
Fatima v. Canada (Minister of Citizenship and Immigration) - 2005 FC 94 - 2005-01-20
Federal Court DecisionsGiven the nature of the omissions, and in particular the time of the alleged fire and her resultant hospitalization (the precipitating event giving rise to her departure from Pakistan), the assumptions made by the RPD were both reasonable and fair. [...] [11] Having arrived at this determination, I need not deal with the arguments in relation to state protection.
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7,382.
Taylor v. Canada (Attorney General) - 2004 FC 1536 - 2004-11-01
Federal Court Decisionsi) is in possession of, or deals in, contraband; ... 43. (1) A charge of a disciplinary offence shall be dealt with in accordance with the prescribed procedure, including a hearing conducted in the prescribed manner. [...] [...] 43. (1) L'accusation d'infraction disciplinaire est instruite conformément à la procédure réglementaire et doit notamment faire l'objet d'une audition conforme aux règlements.
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7,383.
Plante v. McClung - 2004 FCA 314 - 2004-09-22
Federal Court of Appeal Decisions[3] I can only deplore this situation of litigants who represent themselves and have no knowledge of the legal proceeding on which they are embarking or of the rules that apply, rules which have been adopted to ensure fairness and efficiency. [...] [7] The respondents properly objected to this: judicial review must deal with the decision of the motions judge, and in principle the record as it stood before the latter.
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7,384.
Da Silva v. Canada (Minister of Citizenship and Immigration) - 2004 FC 1154 - 2004-08-19
Federal Court DecisionsIn these circumstances, a decision decided by reference to the wrong standard of proof and without affording the applicant procedural fairness, could potentially prejudice the applicant in the future. [...] [10] Therefore, I find this application for judicial review moot and I will not deal with the merits.
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7,385.
Baseer v. Canada (Minister of Citizenship and Immigration) - 2004 FC 1005 - 2004-07-19
Federal Court DecisionsHere, we are dealing with an accusation that the applicants lied. The consequences of a positive finding were grave: the applicants were inadmissible to Canada. [...] a) 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;
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7,386.
Kuresh v. The Queen - 2004 TCC 317 - 2004-05-18
Tax Court of Canada JudgmentsBecause he failed to do so regarding the dealings between him and Ms. Nader, the Court has no evidence before it other than his testimony that these transactions occurred. [...] Mr. Kuresh is a fairly sophisticated businessman, sophisticated enough to handle his own stock market investments and to know that the interest paid on money borrowed for that purpose is deductible.
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7,387.
Packiam v. Canada (Minister of Citizenship and Immigration) - 2004 FC 649 - 2004-04-30
Federal Court DecisionsI do not intend to deal with each of the arguments advanced by the applicants. [...] [12] It may fairly be said that, due to the changed country conditions, the noted errors are immaterial.
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7,388.
Ruckpaul v. Canada (Minister of Citizenship and Immigration) - 2004 FC 618 - 2004-04-26
Federal Court DecisionsIn her written submissions Ms. Wylde has shown, to my satisfaction, that this matter was fairly voluminous and somewhat complex because her client was faced to deal with two opposing parties.
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7,389.
Olah v. Canada (Minister of Citizenship and Immigration) - 2003 FC 1125 - 2003-09-30
Federal Court DecisionsFinally, the applicants say that all of this adds up to the fact that they were denied a fair hearing. [...] The officer also conducted an extensive review of the documentary evidence detailing the efforts of the government and authorities to deal with the problems of the Romas.
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7,390.
Huang v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 196 - 2003-02-18
Federal Court DecisionsRather it is for a tribunal, by section 162(2) of the Act, to deal with proceedings "as informally and quickly as the circumstances and the considerations of fairness and natural justice permit".
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7,391.
Blue Wave Seafoods Incorporated and D'Eon Fisheries Ltd. v. The Queen - 2003-01-28
Tax Court of Canada JudgmentsIt is crucial to the litigation that the Appellants be able to determine why their appeals were denied and to discover if they were granted fair and comprehensive consideration after their initial objection to the assessments. [...] However, the way of dealing with that is to persist in the posing of questions which could result in undertakings and responses.
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7,392.
Di v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 770 - 2002-07-10
Federal Court DecisionsIn Wang v. Canada (Minister of Citizenship and Immigration), [2001] F.C.J. No. 95, Justice Rouleau found that the standard of review on the merits of an immigration officer's decision dealing with an application for a Canadian student visa was reasonableness simpliciter. [...] (3) Pour être en mesure de se faire une opinion aux fins de l'alinéa (1)a), l'agent d'immigration doit tenir compte des facteurs suivants, à savoir :
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7,393.
Poulin v. Canada (Attorney General) - 2002 FCT 556 - 2002-05-17
Federal Court Decisions[11] Paragraph 13 of Commissioner's Directive 081, which deals with inmate complaints and grievances, provides as follows: [...] [14] In view of all these circumstances, therefore, I consider that the grievance in question by the plaintiff was processed fairly and expeditiously (see s. 90 of the Corrections and Conditional Release Act, S.C. 1992, c. 20).
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7,394.
Katinauskiene v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 538 - 2002-05-09
Federal Court DecisionsWhen a visa officer awards an applicant for permanent residence as an independent immigrant the requisite number of units of assessment for acceptance but zero units of assessment for the experience factor and invokes s.11(1) of the Immigration Regulations to deny the application, does the duty of fairness and [...] [16] The Minister opposed certification on the ground that it deals with specific issues of fact and so does not raise a serious question of general importance.
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7,395.
Connolly v. The Queen - 2002-04-23
Tax Court of Canada JudgmentsAt the same time he is clearly in a great deal of discomfort with his back injury and is cognitively preoccupied with ongoing issues with his employer. [...] He also said that he experienced a fair amount of discomfort in dressing himself.
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7,396.
Nikkho v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 262 - 2002-03-07
Federal Court Decisions16. I already had business expertise in dealing with importing chemicals from other western countries and I was confident that the costs and standards in Canada will be similar; otherwise, Canada will not be competitive in its exports. [...] For this reason and in view of another finding concerning the visa officer's breach of procedural fairness, Justice MacKay ordered that the matter be reconsidered.
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7,397.
Shinde v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 1056 - 2001-09-27
Federal Court Decisionsmandamus directing that the application be reassessed by a different visa officer regarding "experience", "education" and that the applicant be given a fair opportunity to disabuse the visa officer of any concerns with respect to the application. [...] [20] Visa officers have a great deal of experience in assessing whether or not an
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7,398.
The Queen v. The Manufacturers Life Insurance Co. - 2001 FCA 213 - 2001-06-25
Federal Court of Appeal Decisions(ii) soit ceux qui figurent au bilan accepté par le surintendant des institutions financières, s'il s'agit d'une banque ou d'une compagnie d'assurance tenue par la loi de faire rapport au surintendant [...] [...] However, for completeness, I will briefly deal with the Minister's argument.
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7,399.
Smith v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 388 - 2001-04-25
Federal Court DecisionsSections 49 and 50 deal with statutory stays of execution in certain defined circumstances; for instance, where an applicant has filed an appeal which has yet to be heard and disposed of, or where there are other proceedings. [...] It is incumbent on her officers to ensure that the application is dealt with fairly and that the process includes appropriate consideration of the particular circumstances of the child in this case, who is a Canadian citizen.
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7,400.
Budoiu v. Canada (Minister of Citizenship and Immigration) - 2000-08-31
Federal Court Decisions[5] After finding that the applicant was not "definitively" a Rom, the Board went on to deal with the question of whether the applicant would be perceived as Roma. [...] The Board stated that "even if he is [a Roma], he is not readily identifiable and as such not at added risk as a Rom. The claimant's family clearly `passed' as non-Rom and were able to achieve a fairly high economic standing."