11,312 result(s)
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7,601.
Gillen v. The Queen - 2017 TCC 163 - 2017-08-30
Tax Court of Canada JudgmentsMr. Devine was a hockey agent that the Appellant had met when dealing with his son’s hockey agent. [...] (c) throughout that part of the 24 months immediately preceding the determination time while it was owned by the individual or a person or partnership related to the individual, was a share of the capital stock of a Canadian-controlled private corporation more than 50% of the fair market value of the assets of which was [...] [98] In addition, as noted previously, Mr. Carson testified that the fair market value of the Purchased Assets was determined as at December 7, 2007.
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7,602.
Apotex Inc. v. Pfizer Canada Inc. - 2016 FC 136 - 2016-02-04
Federal Court DecisionsOtherwise, the Court has a great deal of flexibility in how it can respond to motion for summary judgment, including conducting a summary trial or disposing of certain issues while sending others through to trial (rule 215(3) of the FC Rules). [...] ...the judge is able to reach a fair and just determination on the merits on a motion for summary judgment. [...] Further, this fits with the directions of Justice Karakatsanis that “summary judgment rules must be interpreted broadly, favouring proportionality and fair access to the affordable, timely and just adjudication of claims” (Hryniak at para 5).
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7,603.
Hardy Estate v. Canada (Attorney General) - 2015 FC 1151 - 2015-10-08
Federal Court DecisionsIn this regard, the Supreme Court of Canada has noted that the power to strike out a statement of claim is a "valuable housekeeping measure essential to effective and a fair litigation." [...] The plaintiffs were the persons wronged including the son of the owner of the vessel as it was determined that he had direct dealings with the department employee. [...] The rule against collateral attack similarly attempts to protect the fairness and integrity of the justice system by preventing duplicative proceedings.
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7,604.
Murphy v. Amway Canada Corporation - 2013 FCA 38 - 2013-02-14
Federal Court of Appeal Decisions(a) the agreement deals with only some of the matters in respect of which the proceeding was commenced; and [...] 3. L’objet du différend ne peut faire l’objet d’un arbitrage aux termes des lois de l’Ontario. [...] Subsection 7(5) of the OAA deals with situations where some of the issues raised in the proceeding fall within the Arbitration Agreement and other issues do not.
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7,605.
Hernandez Bolanos v. Canada (Citizenship and Immigration) - 2012 FC 513 - 2012-05-02
Federal Court DecisionsAlthough the Applicants claimed protection against Colombia, the RPD wrote that the documentary evidence before it established that Mexico (sic) is a democracy with free and fair elections. [...] For example, the RPD looks at the Principal Applicant’s own experience with the GAULA unit that has been specifically founded to deal with extortion and kidnapping: [...] None of this suggests operational inadequacy or that the government is not addressing the problem and implementing operational measures to deal with it.
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7,606.
Sundog Distributing Inc. v. The Queen - 2010 TCC 392 - 2010-07-22
Tax Court of Canada JudgmentsSun Island Optics and Sun Island are both Barbados International Business Companies ("IBC") licensed under the Barbados International Business Companies Act, both corporations are resident in Barbados, and both corporations did not deal at arm's length with the Appellant under the Act; [...] In the circumstances, therefore, this problem has not been dealt with in the text of the Article; but Contracting States are left free in bilateral conventions to include, if they wish, provisions dealing with the length of time during which State B is to be under obligation to make an appropriate adjustment [...] Pour déterminer l'ajustement à faire, il sera tenu compte des autres dispositions du présent Accord relatives à la nature du revenu.
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7,607.
Polchies v. Canada - 2007 FC 493 - 2007-05-04
Federal Court DecisionsYet, sharp business dealings or even misappropriation of monies cannot be a predicator of any person’s ability or good faith intention to carry-out or to meet his obligations to his own children. [...] [78] I therefore find that the principles of honour of the Crown are not engaged in the circumstances of this matter, and even had they been engaged, that the Crown did not act in a manner that was other than fair. [...] [87] The Plaintiffs’ action therefore fails, and it is not necessary to deal with the substance of the Band’s positive grounds of defence to the Crown’s third party claim.
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7,608.
Chalk River Technicians & Technologists v. Atomic Energy Canada Ltd. - 2002 FCA 489 - 2002-12-10
Federal Court of Appeal Decisions[32] The Nuclear Medicine Department at the London Centre deals with emergencies 24 hours a day. [...] The Centre deals with approximately 60 such cases a week. [34] According to Dr. Driedger, nuclear medicine is regarded by the profession as the most effective and most cost-effective method to treat patients. [...] First, the Board's refusal to admit argument by counsel for PIPSC to respond to AECL's reply submission regarding the Le Petit Robert definition of "imminent" is not such that it unavoidably leads to the conclusion that procedural fairness and natural justice have been breached.
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7,609.
Eli Lilly Canada Inc. v. Hospira Healthcare Corporation - 2016 FC 47 - 2016-01-15
Federal Court DecisionsHe has considerable research and teaching experience dealing with the medicinal chemistry and pharmacology of anticancer drugs including antifolates. [...] The courts, however, have long held that the minimum requirements for utility under the Act are fairly forgiving. [...] That would be an inference because you hadn’t perhaps actually made nor tested that new compound, fair?
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7,610.
Kaur v. Canada (Citizenship and Immigration) - 2022 FC 376 - 2022-03-29
Federal Court Decisions[39] On PTSD and treatment of a rape victim, Ms. Kaur alleges that both Justice Bell in the decision on the stay application and Justice Shore on judicial review gave great deal of weight to the letter from the CLSC and the other Canadian professionals who have given their opinions. [...] On the other hand, I disagree on the fact that the Officer refused to deal with evidence as he noted that he has reviewed the submissions and determine that they do not rebut the factual determinations of the RPD Decision. [...] As the Minister argued, a bald reference to a “fairly unscrupulous consultant” is insufficient to successfully argue incompetence of a former counsel or representative in the Federal Court.
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7,611.
Canada (Citizenship and Immigration) v. Mattu - 2020 FC 890 - 2020-09-09
Federal Court Decisions[27] While the reasons may not be as explicit as they could have been, they allow the parties to understand that the evidence given by both priests of the two different kinds of singers and of how a ceremony must be performed was the reason they did not give the evidence of Mr. Cheema a good deal of weight. [...] They cite subsection 4(1) of the IRPR which deals with marriages of convenience and paragraph 4.1 of the IRPR which deals with divorces of convenience. [...] 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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7,612.
Telecon Inc. v. International Brotherhood of Electrical Workers (Local Union 213) - 2019 FCA 244 - 2019-10-02
Federal Court of Appeal DecisionsThe Board found it had constitutional authority to deal with the matter and granted the certification application. [...] This is unfortunate, especially considering that the assessment of whether a business falls under federal or provincial jurisdiction for the purposes of labour relations “calls for a fairly complete set of factual findings” (Northern Telecom 1 at p. 139). [...] The Board distinguishes the undertaking at issue in this case from the undertaking of the employer in Construction Montcalm, supra a construction company whose construction business did not deal solely with the construction of airports.
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7,613.
Chirum v. Canada (Citizenship and Immigration) - 2017 FC 101 - 2017-01-26
Federal Court DecisionsSee also David Mullan, “Dunsmuir v. New Brunswick, Standard of Review and Procedural Fairness for Public Servants: Let’s Try Again! [...] I do not propose to deal with this argument because the Applicant informed the Court and the Respondent that he no longer relies on those Charter arguments. [...] As the Federal Court of Appeal said in Najafi, notwithstanding the Applicant’s inadmissibility under paragraphs 34(1)(b) and (f) of IRPA, he may still apply to the Minister for relief under subsections 42.1(1) and (2) of the IRPA, the Minister being better equipped to deal with the issues he raises.
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7,614.
Taman v. Canada (Attorney General) - 2017 FCA 1 - 2017-01-06
Federal Court of Appeal DecisionsIn addition she could be asked to deal with the media to provide information about the proceedings in which she was engaged. [...] If too much weight is given to that possibility, no public official who deals with the public in any way would ever be given permission. [...] [29] Turning now to the Commission’s decision, how did it deal with the relationship between seeking elected office and political impartiality?
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7,615.
Lakeland Bank v. Never E Nuff (Ship) - 2016 FC 1096 - 2016-09-30
Federal Court DecisionsI stated that I would deal with costs after these reasons and judgment were issued. [...] [34] In JP Morgan Chase Bank v the Lanner, 2006 FC 409, [2007] 1 FCR 289, Madam Justice Gauthier, as she then was, had to deal with a foreign mortgage. [...] [40] Now s 65 and following of the Canada Shipping Act, 2001, deal with mortgages registered thereunder.
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7,616.
Public Service Alliance of Canada v. Canada (Attorney General) - 2015 FCA 174 - 2015-07-28
Federal Court of Appeal Decisions[11] The Commission must deal with any complaint filed with it (CHRA, s. 41(1)). [...] 41. (1) Subject to section 40, the Commission shall deal with any complaint filed with it unless in respect of that complaint it appears to the Commission that [...] The provision states that the Commission shall deal with the complaint unless “it appears to the Commission” that one of the listed grounds applies.
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7,617.
Dominion Nickel Investments Ltd v. The Queen - 2015 TCC 14 - 2015-01-20
Tax Court of Canada JudgmentsDealing with redactions from documents is time‑consuming for all concerned. [...] As a result, requests for information were often made to individuals or to organizations in a single request dealing with a number of transactions. [...] [43] As a result, there are documents dealing with transactions relating to different persons.
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7,618.
Grenon v. The Queen - 2014 TCC 265 - 2014-10-03
Tax Court of Canada JudgmentsThe Respondent appears to have expected to win this Appeal on the first part of the Withler test based on the fact that I would be bound by the decision in Nadeau and thus does not appear to have been concerned about introducing evidence to deal with the second part of the test or to deal with a section 1 defence. [...] The Respondent knew that Mr. Grenon was not just a taxpayer with a chip on his shoulder and a belief that the Charter gave him a general right to be treated “fairly”. [...] [33] I have spent a great deal of time considering the issues raised in this Appeal.
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7,619.
Sackaney v. The Queen - 2013 TCC 303 - 2013-09-30
Tax Court of Canada Judgments[27] Part II of the Constitution Act, 1982 contains sections 35 and 35.1 which deal with the rights of the aboriginal peoples of Canada. [...] It does not deal with an Indian’s right to work or to earn income. Section 15 [...] [51] I would also point out that it is the appellants who have brought their appeals in this Court, which is seemingly inconsistent with a claim that the Court lacks jurisdiction to deal with them.
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7,620.
Lapostolle v. Attorney General of Canada - 2013 FC 895 - 2013-08-20
Federal Court DecisionsOn its face, the disciplinary action report deals with two different subjects. [...] The investigation report also reveals that you sought funding for ball hockey league jerseys from the owner of the same bar, reinforcing the dangers of extortion and corrupt dealings. [...] A correctional officer is a peace officer, and is therefore a public official, which requires integrity and fairness.
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7,621.
MacKenzie v. M.N.R. - 2011 TCC 199 - 2011-04-06
Tax Court of Canada Judgments[15] It is clear from this regime that sections 9.1 and 9.2 of the EIR deal with employees who are paid an hourly amount for each hour worked. [...] [16] Section 9.2 deals with the possibility of such an hourly worker working hours for which he or she should have been paid but was not paid because of the employer’s insolvency. [...] It acts as the colleges’ bargaining agent in dealing with their employees including those instructors who bargain collectively.
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7,622.
Zheng v. Canada (Citizenship and Immigration) - 2011 FC 181 - 2011-02-15
Federal Court DecisionsI agree with Justice Crampton that the Board ought to be accorded deference with respect to whether it deals with claims made under both sections 96 and 97 of IRPA separately or in a single integrated analysis as in the current context. [...] [28] Given the authorities cited above, it is fairly clear that consideration of the best interests of Canadian-born children is most appropriately conducted as part of a determination under subsection 25(1) of IRPA, as opposed to as part of a determination under sections 96 or 97 of IRPA. [...] [7] The panel notes as well, in dealing with the claimant’s cousin who was a similarly situated individual, that she was able to return to China with her child from the United States, re-establish herself and child and not face a risk of sterilization until she was to be married.
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7,623.
Privacy Commissioner of Canada v. Air Canada - 2010 FC 429 - 2010-04-20
Federal Court DecisionsSections 37 through 39 of the Canada Evidence Act deal with public interest, national interest, and confidences of the Queen’s Privy Council. [...] The case before me deals with solicitor/client and litigation privilege. [...] However that case is but one of many which have held that solicitor/client privilege has been impliedly waived if considerations of fairness and consistency so require.
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7,624.
Canada (Border Services Agency) v. C.B. Powell Limited - 2010 FCA 61 - 2010-02-23
Federal Court of Appeal DecisionsNo one took the position that the CITT should deal with the matter by way of appeal under subsection 67(1). [...] [26] I assume that the reference to subsection 60.2 is a typographical error, as that subsection deals with applications to the CITT for an extension of time to appeal to the President of the CBSA. It is clear from the reasoning of the Federal Court that it found that an appeal to the CITT was available and, as noted above, [...] As the court below observed (at paragraph 36), the CITT has been leaving it to the Federal Court to deal with “non-decisions” or “jurisdictional” determinations.
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7,625.
Apotex Inc. v. Wellcome Foundation Limited - 2009 FC 949 - 2009-09-22
Federal Court DecisionsUltimately it boils down to a consideration of simple fairness, common sense and the interest that the courts have that justice be done. [...] • [18] Décary J.A., for the majority in Merck supra in dealing with amendments sought in that case by Apotex, said at paragraphs 32 and 33 that while generalized statements can be made, each amendment sought should be dealt with on a case by case basis: [...] • [24] The main consideration that Prothonotary Lafrenière had to deal with is whether there was sufficient basis for the amendment made out by GSK or sufficient basis for refusing it made out by Apotex or whether Apotex/Novopharm had demonstrated irreparable harm or other basis in the interests of justice to refuse the