11,313 result(s)
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7,426.
Islam v. Canada (Citizenship and Immigration) - 2010 FC 71 - 2010-01-22
Federal Court Decisionsa) faire des observations sur la fiabilité et l’utilisation du renseignement ou de l’opinion; [...] I. Procedural Fairness A. Admission in evidence of the applicant’s interview with the CBSA [...] [30] In addition, procedural fairness did not require that the tribunal mention the letter at the hearing.
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7,427.
Med-Emerg International Inc. v. Canada (Public Works and Government Services Canada) - 2006 FCA 147 - 2006-04-25
Federal Court of Appeal DecisionsIt is convenient to deal with allegations of error in the order in which they appear in the Med-Emerg memorandum of fact and law. [...] (c) the assessment and taxation processes should be efficient and fair to all parties; [...] • The assessment and taxation processes should be efficient and fair to all parties.
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7,428.
Begg v. Canada (Minister of Agriculture) - 2004 FC 659 - 2004-05-05
Federal Court DecisionsJudgment against the Defendant for the fair market value of the elk destroyed as a result of the Defendant's negligent and/or improper actions, together with interest and damages for consequential business loss; [...] 38. The Plaintiffs state that they have had a legitimate expectation that they would receive fair market value for destroyed elk and that they were unable to insure for or take precautions against risk of loss and compensation at less than fair market value, or otherwise mitigate their losses by making other arrangements, [...] While it is true that a great deal of effort was expended on litigating issues which have proved not to be genuine issues for trial, given the legal and factual context, I can certainly see why the Plaintiffs would fight as hard as they did to maintain the action.
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7,429.
Doucette v. Canada - 2015 FC 734 - 2015-06-11
Federal Court DecisionsD. Did Minister Ashfield or Minister Shea breach procedural fairness? [...] [48] Second, with respect to procedural fairness, the applicant submits Minister Shea did not discharge her duty of procedural fairness. [...] [121] Because of my conclusions, I need not deal with Issue 6 regarding relief.
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7,430.
Grand Manan Fishermens Association, Inc. v. Canada (Attorney General) - 2023 FC 1418 - 2023-10-25
Federal Court DecisionsWas the Applicant afforded appropriate procedural fairness? C. Is the Decision on its merits reasonable? [...] The duties of consultation and, if required, accommodation form part of the process of reconciliation and fair dealing (see Tsleil-Waututh at para 486). [...] B. Was the Applicant afforded appropriate procedural fairness? (1) Legitimate Expectations
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7,431.
Petukhov v. Canada (Attorney General) - 2020 FC 580 - 2020-05-06
Federal Court DecisionsIn Parveen, the issue was the method of communicating a decision already made through a fair procedure. [...] [19] I conclude that Bragg’s consultation efforts failed to meet the requirements of procedural fairness. [...] If the land-use authority has designated an official to deal with antenna systems, then proponents are to engage the authority through that person.
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7,432.
Khaira v. The Queen - 2004 TCC 118 - 2004-02-05
Tax Court of Canada Judgments(e) whether the fair market value of such shares at the time of transfer to the RRSP exceeded $1,600. [...] Fair Market Value Cost Amount Livestock $575,000 $193,584 Consideration Received [...] I find that Ms. Henderson's conclusions as to value are objective, balanced and fair.
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7,433.
Labelle v. Chiniki First Nation - 2022 FC 456 - 2022-04-01
Federal Court DecisionsThis is consistent with this Court's jurisprudence, which emphasizes the importance of being as least intrusive as possible when dealing with First Nations’ governance disputes (Shirt; Loonskin v Tallcree, 2017 FC 868; Sweetgrass First Nation v Gollan, 2006 FC 778). [...] [91] It is quite fair to question the rigid application of procedural fairness principles to Indigenous laws. [...] Quite simply, what is fair in Euro-Canadian society may not be fair in Indigenous communities and vice versa.
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7,434.
Barejo Holdings ULC v. The Queen - 2015 TCC 274 - 2015-11-04
Tax Court of Canada Judgments[87] Paragraph 135.1(4)(b) dealing with cooperatives and section 206.3 dealing with disability savings plans both refer to “indebtedness of any kind”. [...] [113] The phrase “bonds, debentures, or notes” is used in paragraph 51(1)(b) dealing with convertible property, in section 51.1 dealing with convertible debt, in paragraph (b) of the definition of “excluded security” in subsection 80(1) dealing with debt forgiveness, and in subsection 212.3(18) dealing with convertible debt [...] 80.1(1) dealing with expropriation assets, in subsection 87(6) and subsection 87(6.1) dealing with corporate amalgamations, in paragraph 116(6)(d) dealing with non-resident purchaser clearance certificates, in section 137.2 dealing with deposit insurance corporations, and in subsection 214(7) dealing with Part XIII
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7,435.
Giffen v. TM Mobile Inc. - 2023 FC 1666 - 2023-12-11
Federal Court DecisionsI find the Decision was reasonable and there was no breach of procedural fairness. [...] [69] First, I note that Wilson is a case dealing with the expansion of unjust dismissal protection to non‐unionized workers who are dismissed without cause but with notice. [...] [93] The Respondent disagrees with the Applicant’s allegation of a breach of procedural fairness and argues that the Applicant had an adequate opportunity to be heard and the process was procedurally fair.
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7,436.
Murji v. The Queen - 2018 TCC 7 - 2018-01-09
Tax Court of Canada Judgmentsd) The fair market value of the securities was seven times the value of the cash donation; [...] The Dixon shares had no fair market value [58] The testimony and documentary evidence support the conclusion that the Dixon shares had no fair market value. [...] Ms. Speers gave her expert opinion that the fair market value of the Dixon shares was nominal.
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7,437.
Canada (Citizenship and Immigration) v. Odynsky - 2001 FCT 138 - 2001-03-02
Federal Court DecisionsLa communication de l'avis peut se faire par courrier recommandé envoyé à la dernière adresse connue de l'intéressé. [...] [7] In my opinion, in this case there is no doubt that the Notice provided sufficient and fair warning of the ultimate issue on which the Minister's proposed action was based. [...] I do not deal with those matters since I accept Mr. Odynsky's sworn testimony at trial that his 1997 story to Corporal Fnukal was untruthful.
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7,438.
Martin v. Canada (Attorney General) - 2013 FCA 15 - 2013-01-24
Federal Court of Appeal Decisions[18] The Umpire then turned to the question of whether the Board had jurisdiction to deal with the applicant’s Charter arguments. [...] a) dans le cas où le travailleur indépendant ne l’a pas purgé ou n’a pas choisi de le purger, il n’est pas tenu de le faire; [...] b) dans le cas où la personne qui présente une demande de prestations au titre des articles 22 ou 23 ne l’a pas purgé ou n’a pas choisi de le purger, elle peut faire reporter cette obligation en conformité avec l’article 23.
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7,439.
Canada (National Inquiry into Missing and Murdered Indigenous Women and Girls) v. Canada (Attorney General) - 2019 FC 741 - 2019-05-27
Federal Court Decisions[72] As the Respondents argue, the National Inquiry has received a great deal of information pertaining to investigations from the RCMP alone. [...] a. ordonne aux commissaires d'enquêter et de faire rapport sur ce qui suit : [...] b. ordonne aux commissaires de faire des recommandations sur ce qui suit :
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7,440.
Lavoie v. Canada (Minister of The Environment) - 2000-07-31
Federal Court DecisionsIn particular, I refer to subsections 12(4) and (5) of the Act dealing with federal-provincial cooperation. [...] (4) The issues of public participation and fairness [96] The point of departure for the analysis of two of the issues raised by the applicant is subsection 18(3) of the CEAA. Section 18, as noted, deals with the conduct of an environmental assessment by way of screening. [...] Parliament has, in 1992, legislated on the content of fairness and has displaced the common law.
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7,441.
Rudolph v. The Queen - 2009 TCC 452 - 2009-09-11
Tax Court of Canada Judgments[21] Keith Marsh clearly stated during his testimony that his dealings were with the Appellant. [...] The Appellant stated that he did many deals by a handshake including this deal with the Bayers. [...] 5.10 Case law around the Commonwealth takes a fairly standard view of the function of pleadings, and the limitations that they impose on the availability of relief.
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7,442.
Tolhoek v. The Queen - 2006 TCC 681 - 2006-12-15
Tax Court of Canada JudgmentsAccordingly, I will not deal with it here. [11] Regarding Issue (4), subsection 143.2(6) is at the heart of section 143.2. [...] [13] Consequently, in the order in which I intend to deal with them, three issues remain. [...] [30] I find the Appellant's reliance on case law dealing with subsection 15(2) problematic.
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7,443.
Alam v. Drew Bieber - 2024 FC 499 - 2024-03-28
Federal Court DecisionsHowever, even if it were considered, it adds nothing of significance as it deals with delivery of a copy of the statement of claim to Mark Biernacki. [...] [42] I will first deal with the claims (if they can be called that) relating to everything other than copyright. [...] I will then deal with the claim for copyright infringement. [43] Many aspects of the Claim are simply bald assertions of conclusions.
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7,444.
Canadian Transit Company v. Windsor (Corporation of the City) - 2015 FCA 88 - 2015-04-07
Federal Court of Appeal DecisionsI shall deal with this in the second section of the reasons that follow. [...] I shall deal with this in the final section of the reasons that follow. [...] [80] Therefore, I would not deal with Canadian Transit’s request for conversion.
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7,445.
Gyarchie v. Canada (Citizenship and Immigration) - 2013 FC 1221 - 2013-12-05
Federal Court DecisionsAlternatively, if she did raise it before the RPD and they failed to deal with it, she ought to have challenged that failure on judicial review. [...] c. Given the state protection analysis of the RPD, the PRRA Officer’s findings and conclusions on the documentation dealing with the treatment of witches were reasonable. [...] [49] That being so, I have to agree with the Applicant that the Officer’s state protection analysis does not deal adequately with the witchcraft issue.
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7,446.
Newmont Canada Corporation v. Canada - 2012 FCA 214 - 2012-07-27
Federal Court of Appeal DecisionsHe referred to the various components of the agreement as being a package deal. [...] To protect our general position in the camp, to get a position in the “East Block” property (see map) adjoining the Magnacon, and to facilitate a deal on another property controlled by the same Vancouver group, the Caribbean, we have negotiated a financing deal with Windarra. [...] We also feel this deal will show Hemlo as a strong competitor and protect our “turf” in the area.
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7,447.
Canada v. Malachowski - 2011 FC 413 - 2011-04-05
Federal Court Decisions• [16] In addition to the oral agreement concerning Nun’s Point, Ms. Fishwick and Mr. Donihee had several other business dealings with Mr. Malachowski. [...] Their further involvement with real estate dealings by Mr. Malachowski were: [...] b) précisant les date, heure et lieu de l’audience à laquelle le débiteur judiciaire peut faire valoir les raisons pour lesquelles la charge ne devrait pas être maintenue.
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7,448.
Statham v. Canadian Broadcasting Corporation - 2009 FC 1028 - 2009-10-13
Federal Court DecisionsOn that basis, this Court will not be called upon to determine the merits of any actual refusal by the CBC, a task which undoubtedly would have made it impossible to deal with such numerous and diverse requests for information in a single proceeding. [...] Political and administrative sanctions are available to deal with delay issues and reprehensible behaviour of institutions. [...] [47] Rule 400 of the Federal Courts Rules deals with the awarding of costs between parties and states that costs are granted under the complete discretion of the Court.
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7,449.
Eddie v. Canada (Attorney General) - 2003 FCT 577 - 2003-05-12
Federal Court DecisionsParagraph 14 of the separation agreement deals with the RCMP pension and provides as follows: [...] (2) La demande peut se faire dans l'une des circonstances suivantes_: [...] I will deal first with the valuation date. [33] Under the substantive law, the valuation date is the date of separation.
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7,450.
Apotex Inc. v. Merck & Co. Inc. - 2002 FCA 210 - 2002-05-28
Federal Court of Appeal DecisionsDealing with the matter of special circumstances, Ritchie J. in Doering, supra wrote as follows at p. 304: [...] Therefore, it is clear that, in the absence of express conditions to the contrary, a purchaser of a licensed article is entitled to deal with the article as he sees fit, so long as such dealings do not infringe the rights conferred by the patent. [...] The Danyluk decision deals with the application of issue estoppel arising from the final decision of an administrative tribunal.