11,312 result(s)
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7,826.
Flaig v. Canada (Attorney General) - 2017 FC 531 - 2017-05-30
Federal Court Decisions[5] The Applicant also submitted a report from her family doctor, Dr. R. Arthur Harpur, stating that she “has had a great deal of difficulty focusing on matters that needed completion including those that had an attendant emotional content” and that he believed that “these factors have been major contributors to her [...] [35] In his report, Dr. Harpur notes that the Appellant has attention deficit disorder and that she had a great deal of difficulty focusing on matters; this was a major contribution in her ability to complete the documentation to apply. [...] [19] I am satisfied that a fair reading of the Respondent’s submissions to the Appeal Division tends to show that the message conveyed by the Respondent was rather that Dr. Harpur’s Declaration of Incapacity may not have been before the General Division and therefore, not considered by it.
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7,827.
Magalong v. Canada (Citizenship and Immigration) - 2014 FC 966 - 2014-10-10
Federal Court Decisions[34] This argument can also be framed in the context of an abuse of process by the Minister, as there has been an affront to fair play and decency, and so there is harm to the public interest if this abuse of process is permitted to continue. [...] [40] I will first deal with the applicant’s argument that there was an abuse of process on the part of the Minister. [...] In that case, Justice Snider did not need to deal with this issue, nor did she address it directly.
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7,828.
Backx v. Canadian Food Inspection Agency - 2013 FC 139 - 2013-02-08
Federal Court DecisionsHe alleged that the decision to treat the two positions as “similar” violated the CFIA’s staffing principles of fairness, openness and efficiency, and noted that other veterinarians, both in and outside of the region, who were interested in the District Veterinarian position were prejudicially affected by this decision as [...] I would therefore deal with the issues in reverse order. Analysis Was the remedy provided to Dr. Backx reasonable? [...] FC 513 at para 18 that “due to the CFIA’s legislated power to appoint its employees, granted by subsection 13(1) of the CFIA Act, the provisions of the [PSEA] dealing with the appointment of persons to the federal public service do not apply to the CFIA: subsection 8(1) of the PSEA [current section 29(1) of the PSEA].” In
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7,829.
Canada (Citizenship and Immigration) v. Saji - 2010 FCA 100 - 2010-04-14
Federal Court of Appeal DecisionsSubsection 18(3) of the Citizenship Act provides that no appeal lies from a decision of the Federal Court “made under subsection (1)”, which deals with decisions of the Court as to whether a person had, among other things, obtained citizenship on the basis of false representation or fraud. [...] The propriety of the hearing conducted by a Federal Court Judge in a citizenship appeal is unrelated to the ultimate question: the preclusion of an appeal by subsection (6) applies only to a procedurally fair determination by the Federal Court of whether the citizenship judge erred in deciding the citizenship application. [...] The Court’s short oral reasons for decision do not deal with the question of whether the Federal Court of Appeal’s jurisdiction under subsection 27(1) to hear appeals from the Federal Court had been ousted by subsection 14(6) so as to bar an appeal from the Judge’s decision to allow a motion to extend the time for
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7,830.
Arial v. Canada (Attorney General) - 2010 FC 184 - 2010-02-19
Federal Court DecisionsNeither the applicants’ dealings with the VAC in 1996 nor their daughter’s actions in 2004 could therefore justify awarding an allowance retroactively to a date prior to June 1, 2005. [...] It is well established that evidence that was not before the administrative decision-maker is admissible in a judicial review of the decision-maker’s decision only to contest the decision-maker’s jurisdiction or to support an allegation of a lack of procedural fairness (see, for example, Ray v. Canada, 2003 FCA 317 at [...] [32] Whereas subsections 38(2) and 38(3) deal with the suspension or cessation of an attendance allowance in the case of the hospitalization of or on the death of the veteran receiving it, respectively, there is no provision that specifically pertains to the time at which the attendance allowance becomes payable.
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7,831.
Enabulele v. Canada (Public Safety and Emergency Preparedness) - 2009 FC 641 - 2009-06-17
Federal Court Decisionsd) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal; [...] [31] Here, we are clearly dealing with the application of an administrative policy. [...] If a question arises on the facts of a case before an applications judge, it is the judge's duty to deal with it.
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7,832.
McLaughlin v. The Queen - 2009 TCC 300 - 2009-03-27
Tax Court of Canada JudgmentsWhat, in your view, is the fair answer to this? A. I would like -- well, I still believe the child tax benefit should be split between both of us. [...] [36] I must review and deal with the fact that Graham received all of the CCTBs for the 2005 base taxation year for Julie and the CCTBs for 10 months for Keltie for the 2005 base taxation year. [...] (Note: The Notices of Appeal only deal with the 2005 and 2006 base taxation years.
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7,833.
Shea v. The Queen - 2008 TCC 184 - 2008-04-02
Tax Court of Canada Judgments(a) charitable gifts -- the total of all amounts each of which is the fair market value of a gift (other than a gift described in paragraph (b), (c) or (d)) made by the corporation in the year or in any of the 5 preceding taxation years to [...] London), one of the world’s most prestigious and recognized international universities, could not be “recognized by Canada Revenue Agency”, I was told that there had been some “problems with their dealings of LSE’s application for recognition in the past” and that simply, it was not on your list of recognized universities. [...] 16 Dealing with paragraph 118.5(1)(b) in isolation, I do not have any difficulty in concluding that to be a university within the meaning of those words, it has to be an institution with the power and authority to grant degrees.
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7,834.
Koval'ok v. Canada (Citizenship and Immigration) - 2008 FC 145 - 2008-02-04
Federal Court DecisionsThe Applicant had testified that although the doctor called the police, the police refused to come to the hospital and told the doctor they do not deal with family issues. [...] The three sources are not in direct conflict, but instead it is apparent that Mr. Richards' oral testimony elaborates and provides a great deal more detail than the very brief PIF narrative and fairly brief Port of Entry interview notes.
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7,835.
Knopf v. Canada (House of Commons) - 2007 FCA 308 - 2007-11-05
Federal Court of Appeal DecisionsHis Memorandum of Facts and Law deals mostly with parliamentary privilege which I indicated it is not necessary to deal with. [...] [33] In all fairness, one has to read Justice Layden-Stevenson’s finding entirely.
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7,836.
Diagana v. Canada (Citizenship and Immigration) - 2007 FC 330 - 2007-03-28
Federal Court DecisionsI will deal with this issue in two parts: first, the pre-hearing process and the opening of the hearing; and second, the conduct of the hearing and in particular, the sensitivity of the RPD to the Applicant’s testimony. [...] [12] No issue of procedural fairness was raised before the Court. [13] Although not raised by counsel, as with all applications for judicial review, the appropriate standard of review arises and was raised by the Court. [...] [21] The Guideline goes on to deal with appointment of a “designated representative”.
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7,837.
Musiyiwa v. Canada (Citizenship and Immigration) - 2007 FC 181 - 2007-02-16
Federal Court DecisionsIt was submitted that the Board misconstrued the facts and did not provide her with a fair hearing. [...] nothing to suggest on a balance of probabilities that their being missing is attributable to some action of the authorities...Further, by the claimant’s own testimony, she was not an active member of the MDC, other than her attending some meetings, and before April 2004, had no dealings with the police or the authorities. [...] [31] I need not deal with the other points raised in argument. [32] The application for judicial review is therefore allowed and the matter is referred to a different panel of the Board for redetermination.
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7,838.
Apotex Inc. v. Sanofi-Aventis Canada Inc. - 2007 FCA 7 - 2007-01-08
Federal Court of Appeal Decisions[21] I will deal first with the submission of Sanofi that this motion is doomed to fail because it is in essence a rehearing of the stay motion heard in the Federal Court. [...] [23] Although the Judge did not expressly deal with whether there was a serious question, it is obvious that he believed that test was met. [...] In the context of this case, the Minister may or may not prove to be correct in concluding that the principle established in AstraZeneca meant that there was no longer a foundation for the prohibition proceeding commenced by Sanofi, but his decision to act on that conclusion cannot fairly be characterized as disrespectful
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7,839.
Hashmi v. Canada (Minister of Citizenship and Immigration) - 2006 FC 1335 - 2006-11-07
Federal Court DecisionsIn particular, Regulation 186 deals with circumstances in which temporary residents may work in Canada without work permits. [...] Paragraph (l) of that section deals specifically with work involving assistance to a spiritual community. [...] 199. L’étranger peut faire une demande de permis de travail après son entrée au Canada dans les cas suivants :
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7,840.
Canada v. Dawn’s Place Ltd. - 2006 FCA 349 - 2006-10-27
Federal Court of Appeal Decisions[3] A number of provisions in the Excise Tax Act deal with the question of when a supply is to be considered as having been made in Canada. [...] It is now established that the Courts must interpret tax legislation in its entire context and in its grammatical and ordinary sense, harmoniously with the statutory scheme, and with a view to achieving consistency, predictability and fairness: see Canada Trustco Mortgage Co. v. Canada, [2005] 2 S.C.R. 601. [...] Section 10, read in its entirety, clearly is addressed to transactions that represent certain dealings in the rights of copyright and other intellectual property, and the rights attached to such intellectual property.
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7,841.
Garcia Médina v. Canada (Minister of Citizenship and Immigration) - 2006 FC 62 - 2006-01-23
Federal Court DecisionsArticle 1F(b) deals with ordinary crimes. . . . Such crimes have not been defined by the international community acting collectively. . . . [...] (2) Il est interdit d'avoir en sa possession, en vue d'en faire le trafic, toute substance inscrite aux annexes I, II, III ou IV. [...] In short, in Chan the Court was dealing with a different situation and the comments it made on Article 1F(b) of the Convention must be read with caution, as the very wording of that article indicates that it applies to more than the cases covered by Canadian law in the three aforementioned sections.
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7,842.
Hua v. Canada (Ministre de la Citoyenneté et de l'Immigration) - 2004 FC 1647 - 2004-12-13
Federal Court Decisions4) Whether the visa officer breached his duty of fairness by not making the Applicant aware of his concern and by not giving him an adequate opportunity to respond to his concern? [...] If the visa officer was of the opinion that he could not determine whether or not the Applicant was a member of an inadmissible class, this Court ,dealing with judicial review, certainly is not in a better position to make that determination. [...] I am of the view that the visa officer did not display any actions that would suggest he compromised natural justice in exercising his discretion to deal with the Applicant's application.
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7,843.
Hoffmann-La Roche Ltd. v. Canada (Minister of Health) - 2004 FC 1547 - 2004-11-03
Federal Court DecisionsAs we are dealing with questions of law, the parties agree that the proper standard of review is correctness. [...] (3) Sous réserve du paragraphe (4), la personne qui soumet une liste de brevets doit le faire au moment du dépôt de la demande d'avis de conformité. [...] [27] The Minister's position in its written submissions filed before Abbott was decided was that the only SNDS which can support a submission for patent listing is one which involves a comparison between the drug covered by the NDS and the drug covered by the SNDS. Since both deal with HERCEPTIN there is no basis for
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7,844.
Universal Foods Inc. v. Hermes Food Importers Ltd. - 2003 FCT 448 - 2003-04-17
Federal Court Decisions[15] The Supreme Court of Canada in Bhatnager v. Canada (Minister of Employment and immigration), [1990] 2 S.C.R. 217, established the following principles when dealing with contempt proceedings of a court order: [...] [35] In my view, the weighing of these factors favours the assessment of a fair and reasonable fine at the upper end of the range recommended by Tous' counsel. [...] [36] I now deal with the request by Tous for solicitor-client costs in connection with the proceeding before me, appreciating that Justice Rouleau fixed at $1,500.00 costs payable to Tous in the proceeding before him and recognizing what Justice MacKay said in Dimatt Investments, supra,:
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7,845.
Express Havre St Pierre Ltée. v. Deblois - 2001 FCT 674 - 2001-06-20
Federal Court Decisions[9] The plaintiff considered that the adjudicator's failure to warn it that he intended to dispose of questions of admissibility and quantum at the same hearing was a breach of the rules of procedural fairness. [...] The adjudicator therefore considered the merits of this preliminary objection, dealing first with the nature of the function performed by Mr. Gingras, the employee who replaced the defendant. [...] To the extent that these were questions dealing with the adjudicator's jurisdiction, they may be given specific attention in this judicial review proceeding.
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7,846.
Pfizer Canada Inc. v. Apotex Inc. - 2001-01-10
Federal Court of Appeal Decisions[10] In the memorandum of fact and law filed on the appeal, the appellants did not deal with the issue of mootness at all, since that issue was not raised below. [...] [13] Second, they invoke the principle of fairness and say that because the second persons under the Regulations may appeal from an order made by a Motions Judge which grants prohibition, whether or not the 30 month period prescribed in the regulations has expired, they, too as the first persons under the Regulations, [...] [20] I should like to deal now with some of the arguments advanced by the appellants.
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7,847.
Nicola v. Canada (Minister of Citizenship and Immigration) - 2000-04-03
Federal Court Decisions(b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe; [...] [67] I see no purpose to have the issue revisited, as Mr. Justice Rothstein states in Gonzales v. Canada [1994] F.C.J. No. 1844 at page 4 of his decision in dealing with the Regulations involving the issue of backlog. [...] The Regulations deal with Convention refugee claimants who signified before January 1, 1989 an intention to make a Convention refugee claim.
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7,848.
Adriaanse v. Malmo-Levine - 1998-11-27
Federal Court DecisionsBARRY FAIRES, CHRISTINE SINGH, BILL JOHNSON, DENNIS MCIVOR GREG KAUFMAN, CLAIR VEISSIRE, SCOTT TRUSWELL, [...] "17 There is a great deal of harm being done to the applicants by this very public hearing. [...] The events at the APEC Summit last November caused a great deal of public concern and that concern still manifests itself today in the media.
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7,849.
Weare v. Canada (Attorney General) - 1998-08-11
Federal Court Decisionsou la modifier s'il constate que les conclusions sur les faits ou l'interprétation du droit étaient erronées; il peut aussi le faire sur demande si l'auteur de la demande allègue que les conclusions sur les faits ou l'interprétation du droit étaient erronées ou si de nouveaux éléments de preuve lui sont présentés. [...] The Board fails in the exercise its jurisdiction when it summarily arrives at the conclusion that the member was not engaged in an activity giving rise to a pension without "expressly dealing with the evidence from which an inference favourable to the Applicant might have been drawn." [...] 8 See Tonner v. Canada (Minister of Veterans Affairs) (1995), 94 F.T.R. 146, affirmed supra (F.C.A.), dealing with the Veterans Appeal Board.
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7,850.
Ackman v. Canada (Ministry of Labour) - 1998-02-20
Federal Court Decisions[25] After being advised of CFRY's response to his complaint, the Applicant requested that an adjudicator be appointed to deal with the case on August 1, 1996. [...] In terms of corrective measures it had gone as far as imposing a suspension in dealing with the absence in November. [...] Mr. Ackman did not take issue with the fairness of the suspension in his note of November 29, 1995.