11,312 result(s)
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7,501.
Rogers v. Canada (Department of National Defence) - 2001 FCT 90 - 2001-02-16
Federal Court Decisionse) damages, or financial compensation, in the amount of $220,000, or such lesser amount as the Court may deem fair and just; and [...] [10] The second issue raised by the applicant deals with the oral language requirements of the position. [...] -- dealing with situations which require quick and accurate use of both languages in rapid succession (such as those faced by a receptionist in a busy office).
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7,502.
Canada (Information Commissioner) v. Canada (Minister of The Environment) - 1999-11-15
Federal Court DecisionsThis is intended to ensure that the application is heard and determined in an expeditious and summary manner while respecting procedural fairness for all parties. [...] Rules 151 and 152 which deal with the confidentiality of material and with access to confidential material apply to applications governed by Part 5 of the Rules. [...] Dealing with the respondent"s motion to strike, Strayer J.A. states:This case illustrates the waste of resources and time in adding on to what is supposed to be a summary judicial review proceeding the process of an interlocutory motion to strike.
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7,503.
Canada (Human Rights Commission) v. Canada (Armed Forces) - 1999-04-28
Federal Court Decisions[19] On the other hand, when dealing with questions of fact, the Tribunal"s area of expertise, the appropriate standard of review is patent unreasonableness.7 [...] [43] Although this was not an element considered by the Supreme Court in Janzen, I believe that fairness requires the employee, whenever possible, to notify the employer of the alleged offensive conduct. [...] [62] The evidence showed that there was a fairly collegial atmosphere at the BTnO. This included occasional sexual jokes and comments, in which Ms. Franke actively participated.32 In the circumstances and based on the evidence, I am of the opinion that the Tribunal"s determination that the alleged incidents were not
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7,504.
Cottle v. Canada (Minister of Defence) - 1998-05-08
Federal Court DecisionsBased on my review, I am satisfied that you have been fairly treated, and I do not believe that you have suffered any personal oppression, injustice or other ill-treatment. [...] In considering this issue, I propose to deal first with the applicant's terms of service prior to the introduction of the Specialist Officer Career Development Plan and then consider the implementation of that Plan's transitional measures. [...] [43] The third provision referred to in CFAO 9-62 (Military Dental Legal and Medical Training Plans) under the heading Terms of Service is QR & O 15-17 which deals with the retirement age of officers.
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7,505.
Fibreco Pulp Inc. v. Star Dover (The) - 1998-02-26
Federal Court Decisions[2] The motions are vigorously contested, for the amounts at stake are large and it may be that if effect were given to the various jurisdictional possibilities the action would become difficult, if not impossible, to litigate either fairly or economically. [...] [13] The Bills of Lading issued for carriage aboard the Stephanie and the Veritas contain fairly skeletal conditions, each purporting to incorporate the provisions of an unidentified charter party. [...] Mr. Justice MacKay pointed out that Rules 1714, 1715 and 1716, dealing with joinder of causes of action, joinder of parties and the addition and removal of parties did not specifically provide for the joinder of issues in one action with issues in another where the parties to the two actions are not identical.
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7,506.
Thibodeau v. Air Canada - 2011 FC 876 - 2011-07-13
Federal Court Decisions[45] I will deal with the remedies that are in dispute. (1) Is it appropriate and just to award damages to the applicants? [...] The Convention does not purport to deal with all matters relating to contracts of international carriage by air. [...] Air Canada further emphasizes the socio-economic context, which has made it fairly difficult for the company over the last decade.
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7,507.
Leuthold v. Canadian Broadcasting Corporation - 2012 FC 748 - 2012-06-14
Federal Court Decisions[94] The Court will deal with this issue in its answer to the fourth question. [...] [172] Rules 419 to 421 of the Federal Courts Rules, SOR-98-106 [the Rules], deal with offers to settle. [...] (v) faire appel de façon notable aux producteurs canadiens indépendants;
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7,508.
Howell v. M.N.R. - 1998-06-25
Tax Court of Canada JudgmentsThe Minister decided Brian Howell's employment was not insurable because he had not been dealing at arm's length with Ideal Pools Limited nor was he deemed to be dealing at arm's length pursuant to subparagraph 3(2)(c)(ii) of the Unemployment Insurance Act (the "Act"). [...] The Minister based the decision on a finding that the appellant, Giordanella, was not dealing at arm's length with his employer nor was he deemed to be dealing at arm's length. [...] For this reason, I set out below the principles which may fairly be derived from the authorities in this court with respect to subparagraph 3(2)(c)(ii).
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7,509.
Joshi v. Canadian Imperial Bank of Commerce - 2014 FC 552 - 2014-06-06
Federal Court Decisions[7] The Investigation was procedurally fair and there is no hint of bias. [...] In reviewing a decision of the Commission to refuse to deal with a complaint—in other words, to not refer the complaint to the Tribunal—the Court can only consider whether the Commission’s “screening” decision was reasonable. [...] Did the Commission Breach its Duty of Procedural Fairness? [56] The applicant submits that the Commission did not conduct a fair, impartial and thorough investigation of his complaint.
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7,510.
Jim Shot Both Sides v. Canada - 2019 FC 789 - 2019-06-12
Federal Court DecisionsAnything else would amount to be a denial of fair dealing and justice between the parties. [...] In fairness, he appears to have conceded as much when cross-examined on this point: [...] As the other boundaries were rivers, natural geographic features, once the southern boundary was staked, it is fair to say that the reserve was laid out.
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7,511.
Vine Estate v. Canada - 2015 FCA 125 - 2015-05-19
Federal Court of Appeal DecisionsFor any real property held by a company, once the fair market value of the property was determined, the fair market value of the shares held by Stanley Vine could then be determined. [...] The fair market value issue before the Tax Court of Canada was in relation to the Wilson property. [...] Those paragraphs deal with the losses that are to be carried back to the deceased person’s final tax return, not with correcting errors in that tax return.
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7,512.
Nagy v. Canada (Citizenship and Immigration) - 2013 FC 640 - 2013-06-11
Federal Court Decisions1) Was the Applicant denied natural justice and a fair hearing through the incompetence of her former counsel? [...] [...] The incompetence of counsel resulted in a breach of procedural fairness. [...] The fact of the ex-spouse’s parents wanting the couple to reconcile because he deals with his drug problems better when he is with her, does not mean that the ex-spouse wants to get together and will harass her if she resists.
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7,513.
Wei v. Canada (Citizenship and Immigration) - 2023 FC 1125 - 2023-08-22
Federal Court DecisionsThe reviewing court must adopt an attitude of restraint and intervene “only where it is truly necessary to do so in order to safeguard the legality, rationality and fairness of the administrative process” (Vavilov at para 13). [...] Before addressing those, I will first deal with the other errors alleged by the Weng family. [...] Of course, the Officer did not have to accept everything advanced by the Weng family in their H&C application, but the Officer was required to deal with it and to offer some explanation about how this information factored into the analysis.
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7,514.
Zoghbi v. Air Canada - 2021 FC 1154 - 2021-10-28
Federal Court Decisions69. The overall conclusion in this report is that the Commission should not deal with the complaint because: [...] 70. It is recommended, pursuant to paragraphs 41(1)(b) and (d) of the Canadian Human Rights Act, that the Commission not deal with the complaint because: [...] To the extent necessary, the Commission should adjust its usual administrative proceedings to ensure the process is fair to both Mr. Zoghbi and Air Canada.
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7,515.
Bhatia v. Canada (Citizenship and Immigration) - 2017 FC 1000 - 2017-11-06
Federal Court DecisionsThis, in my view, is not a fair reading of the Officer’s reasons. The Officer’s analysis could perhaps have been written in more elegant terms, but I do not agree that bias or racism against the Bhatia family has infected the Decision. [...] The Decision reflects that the Officer examined the best interests of the child with a great deal of attention. [...] The interests must be “well identified and defined” and examined “with a great deal of attention” in light of all the evidence (Kanthasamy at para 39; Hawthorne at para 32; Legault v Canada (Minister of Citizenship and Immigration), 2002 FCA 125 [Legault] at paras 12, 31).
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7,516.
Schamborzki v. Canada (Attorney General) - 2010 FC 586 - 2010-05-28
Federal Court DecisionsFurther, jurisprudence of this Court suggests that decisions by an adjudicator under the Promotions CSO are to be afforded a great deal of deference. [...] I will deal with this first. [32] It is regrettable that several years have passed since the decision of Adjudicator Guertin. [...] Additionally, I strongly urge the appropriate policy reviewers to visit this matter immediately and take steps to define what is truly meant by the word Major as found in the CMM. It is not fair to the Staffing & Personnel employees to be left with the job of defining these matters on their own.
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7,517.
Betesh v. Canada (Citizenship and Immigration) - 2008 FC 1374 - 2008-12-15
Federal Court Decisionssusceptible de faire l’objet d’un rapport d’infraction à la Loi, ou ne satisfaisant [...] [29] The Applicants also rely on paragraph 12.3 of the Manual which deals with national interest cases: [...] [32] The Applicants point out that paragraph 12.3 of the Manual dealing with national interest is of direct application to them.
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7,518.
Canada v. Mackay - 2008 FCA 105 - 2008-03-19
Federal Court of Appeal DecisionsAs of the end of that year, the Partnership was permitted by subsection 10(1) of the Income Tax Act to write down the cost of the shopping centre to its then fair market value ($10 million). [...] Section 18(13) preserves and transfers a loss under the assumption that it will be realized by a taxpayer who does not deal at arm's length with the transferor. [...] Parliament could not have intended that the combined effect of the partnership rules and s. 18(13) would preserve and transfer a loss to be realized by a taxpayer who deals at arm's length with the transferor.
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7,519.
Biovail Corporation v. Canada (Minister of National Health and Welfare) - 2005 FC 1424 - 2005-10-19
Federal Court DecisionsThe NOA expressly deals with the claim against polysorbate, but does not mention nonoxynol. [...] In the course of my analysis, I will have to deal with the issues of the proximity, the migration and the quantity of the surfactant. [...] [52] In such a case, the interpretation to be given must be such that it is reasonable and fair to both the patentee and the public.
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7,520.
Lee v. Canada (Minister of Citizenship and Immigration) - 2004 FC 1012 - 2004-07-21
Federal Court DecisionsThe Regulatory Impact Analysis Statement to the Regulations ("RIAS") notes with respect to the provisions dealing with the examination of persons seeking entry to Canada that: [...] And we are dealing with people here, of course, and not boxes of bricks or oranges or apples. [...] [50] Following consideration of that correspondence, an order will issue dismissing the application for judicial review and dealing with the issue of certification.
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7,521.
971346 Ontario Inc. v. Canada (Attorney General) - 2004 FC 727 - 2004-05-21
Federal Court Decisions[40] At page 184, he stated he did not speak to any other auditors at the Agency dealing with this issue to determine how they had assessed specific games. [...] (3) whether the audit was fairly conducted. [54] In my view, this case does not turn on any independent interpretation the Minister's delegate brought to the question whether the applicant's machines with continuous play or three for two features were eligible supplies. [...] [75] I did not deal directly with the issue whether continuous play games would so qualify.
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7,522.
Novopharm Limited v. Astrazeneca Ab - 2001 FCT 645 - 2001-06-12
Federal Court Decisions[36] Section 38 of the Act prescribes the procedure to be followed by a party who opposes an application for the registration of a trade-mark and the procedure to be followed to deal with that opposition. [...] Irrespective of the parties' dealings, the Registrar cannot, in my view, be said to have been clearly wrong by requiring compliance with the statute. [...] [39] Paragraph 38(3)(a) of the Act ensures compliance with the basic requirement of fairness that each party be informed of the case to be met: Carling Breweries Ltd. v. Molson Companies Ltd. et al.
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7,523.
James Fisher & Sons Plc. v. Pegasus Lines Ltd. - 2001 FCT 489 - 2001-05-15
Federal Court DecisionsIf that were in fact the case, then the examination should have proceeded fairly simply. [...] Undertaking U-25 deals with the state of accounts between Amican and Pegasus at the conclusion of their last piece of business. [...] But it does not seem appropriate to deal with the amount of costs until the examination of Mr. Karathanos is finally concluded.
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7,524.
Kuffner v. M.N.R. - 2001-01-18
Tax Court of Canada JudgmentsThis would appear to be fairly straightforward except for the fact that the teaching profession is treated somewhat differently from the employment by reason of the very nature of how teaching is performed. [...] Each school board would set the calendars for the year dealing with its expectations from the teachers for the number of school days in the school year. [...] The Regulation deals with the payment of benefits not whether a person's employment is insurable.
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7,525.
Legal v. M.N.R. - 2000-02-08
Tax Court of Canada JudgmentsAt the time, she considered that to be a fair wage and she and the children lived in the upstairs portion of the farm house owned by Almey. [...] He stated he finds it harder and harder to deal in cash as things are so expensive and he has to carry a large amount of money around with him to the point where it is becoming impractical. [...] Rather, the Minister made a finding of fact that - during the relevant periods - the parties were not dealing with each other at arm's length.