11,312 result(s)
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7,876.
Griffin v. M.N.R. - 2003 TCC 607 - 2003-09-05
Tax Court of Canada JudgmentsIl ne pouvait faire que du travail manuel durant les périodes en litige. [...] C'est monsieur Burke qui décidait des travaux à faire et du moment où ils devaient être exécutés. [...] Monsieur Burke a témoigné qu'il pouvait lui-même faire certains travaux de menuiserie mais n'avait pas l'habileté voulue pour exécuter des travaux de finition.
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7,877.
Keating v. Canada (Attorney General) - 2002 FCT 1174 - 2002-11-13
Federal Court Decisions[12] Mr. Smith took the position that the Applicant was treated fairly by the Department and in accordance with the Licensing Policy but, unfortunately, he was not eligible to hold a supplementary crab licence pursuant to that policy. [...] (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe; [...] (i ) determining if the appellant was treated fairly in accordance with the Department's licensing policies, practices and procedures;
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7,878.
MacDonald v. Canada (Attorney General) - 2007 FC 809 - 2007-08-01
Federal Court DecisionsIn dealing with the Varicose Veins condition, the Board notes a handwritten note from Dr. St. Arnaud dated 20 May 1999, where he stated: [...] [62] As noted above, the issue with respect to alleged breach of procedural fairness will be assessed on the standard of correctness. [...] [64] I disagree with the Applicant’s submissions that he suffered a breach of procedural fairness.
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7,879.
Blois v. Onion Lake Cree Nation - 2020 FC 953 - 2020-10-06
Federal Court DecisionsAccordingly, no duty of procedural fairness arises in the context of the decision [Perry at paras 25-28]. [...] The powers of the CLFN appeal committee derived from the CLFN election law which only authorized the CLFN appeal committee to deal with appeals at a public meeting and did not authorize the committee to make a decision. [...] [69] Generally speaking there is no duty of procedural fairness for “legislative and general” decisions, while there is a duty of procedural fairness for administrative decisions.
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7,880.
Rovi Guides, Inc. v. Videotron Ltd. - 2022 FC 874 - 2022-06-23
Federal Court Decisions[80] I was particularly struck by his response to a fairly benign question posed by counsel. [...] They are technology companies that deal with computation in various forms. [...] A. I think that's fair, yes. Q. And it involves a set-top box? A. Yes.
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7,881.
Jewish Rehabilitation Hospital v. M.N.R. - 2005 TCC 260 - 2005-09-19
Tax Court of Canada JudgmentsThis involves the application of the procedural fairness principle. [80] For the purpose of comparison, it is appropriate to emphasize that the burden of proof rule set out in article 2803 C.C.Q. corresponds to the rule of common law applied in the provinces. [...] [88] Among the general provisions, those dealing with the interpretation of contracts are of clear interest. [...] [52] The principal argument submitted by the Hospital is that Ms. Boucher was a professional who had a great deal of professional freedom, who knew what she needed to do and who could determine her own duties and schedule.
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7,882.
Singh v. Canada (Citizenship and Immigration) - 2023 FC 875 - 2023-06-21
Federal Court DecisionsAccordingly, courts should respect the legislative choice of the tribunal as the first instance decision maker by giving the tribunal the opportunity to deal with the issue first and to make its views known. [...] It is for the administrative tribunal to have the opportunity to deal with the issue (Alberta Teachers’ Association, para 24). [...] [56] In Alazar, the issue was whether the RAD was in violation of a principle of procedural fairness for having disposed of an appeal on a ground that had not been raised on appeal before it.
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7,883.
Alderville First Nation v. Canada - 2017 FC 631 - 2017-06-28
Federal Court Decisions(b) the salutary effects of the confidentiality order, including the effects on the right of civil litigants to a fair trial, outweigh its deleterious effects, including the effects on the right to free expression, which in this context includes the public interest in open and accessible court proceedings. [...] [33] The affected interests in Sierra Club were a commercial interest and the right to a fair trial. [...] the settlement amounts for the First Nations would be kept confidential so as to not adversely affect the First Nations in their economic development dealings with neighbouring communities.
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7,884.
ASICS Corporation v. 9153-2267 Québec inc. - 2017 FC 5 - 2017-01-06
Federal Court DecisionsIt was ultimately decided to deal with the latter allegations in a separate hearing [the Second Show Cause Hearing] which is scheduled to take place on January 11, 2017. [...] [7] Given that the relief sought on the Motion was based on considerations relating to procedural fairness and the constitutional rights of some of the Alleged Contemnors, I decided to accept the Motion for filing and to hear it at the outset of the First Show Cause Hearing. [...] [31] My assessment of the First Show Cause Hearing is fairly straightforward.
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7,885.
U-Haul International Inc. v. U Box It Inc. - 2015 FC 1345 - 2015-12-04
Federal Court Decisions[9] The parties agreed at the hearing of this appeal that it would be appropriate to deal with both appeals in one decision. [...] [50] There is necessarily a fair degree of resemblance visually and phonetically between the parties’ trade-marks owing to the use of essentially identical terms “U BOX” and “U-BOX” as their respective first components. [...] [44] It is convenient to deal with these other issues raised by the Applicant under their corresponding components in the confusion analysis.
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7,886.
Canada (Attorney General) v. Delios - 2014 FC 1042 - 2014-11-05
Federal Court DecisionsThe only exceptions to this rule have been made in instances where the evidence was introduced to support an argument going to procedural fairness or jurisdiction [...], or where the material is considered general background information that would assist the Court [...]. [...] [31] Therefore, there are three categories of acceptable additional filings: material supporting an argument going to procedural fairness, or going to jurisdiction, and material providing general background information that would assist the Court. [...] [67] The respondent submitted that a party concerned with these difficulties should deal with them at the bargaining table.
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7,887.
Apotex Inc v. Pfizer Canada Inc - 2014 FC 159 - 2014-02-20
Federal Court Decisions- whether the trial judge will be better able to deal with the issues of the injuries of the plaintiff and the plaintiff's losses, by reason of having first assessed the credibility of the plaintiff during the trial of the issue of damages; [...] [55] At first blush, the conclusion with respect to this factor seems simple enough in that determining which of two time periods should be a fairly straightforward part of the proceeding. [...] Whether the trial judge will be better able to deal with the issues of the injuries of the plaintiff and the plaintiff's losses, by reason of having first assessed the credibility of the plaintiff during the trial of the issue of damages?
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7,888.
Yellowknives Dene First Nation v. Canada (Aboriginal Affairs and Northern Development) - 2013 FC 1118 - 2013-11-04
Federal Court Decisions[7] The Minister accepts that “although a strong prima facie claim has never been proven in court or officially accepted by Canada, it is fair to characterize the Yellowknives Dene’s claim to section 35 rights in the Drybones Bay area as reasonably arguable.” [...] There’s a fair amount of project uncertainty associated with this proposal. [...] [53] “The government’s duty to consult with Aboriginal peoples and accommodate their interests is grounded in the honour of the Crown,” which is “always at stake in its dealings with Aboriginal peoples:” Haida at para 16.
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7,889.
Ounpuu v. The Queen - 2009 TCC 121 - 2009-02-26
Tax Court of Canada Judgments11 Although Mr. Justice Dickson was dealing with "offences" I can see no reason in principle for not extending his analysis to administratively imposed penalties as well. [...] [31] In Maltais v. The Queen [1991] 2 C.T.C. 2651, 91 DTC 1385, Justice Bowman (as he then was) in dealing with a penalty imposed pursuant to subsection 163(1) of the Act stated as follows: [...] When the initial letters were being written, the fair market value of the shares of Lakefield Research Limited had not been determined.
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7,890.
Giolla Chainnigh v. Canada (Attorney General) - 2008 FC 69 - 2008-01-21
Federal Court Decisions[24] Under the Canadian Forces’ policy dealing with Honours, Flags and Heritage Structures, the order and form of toasts to the Queen and to other heads of state is prescribed. [...] That conclusion was based on a fair reading of the majority decision in Roach, above. [...] Mac Giolla Chainnigh finds objectionable form a small part of Canadian Forces’ regulations and policies dealing with compliments and other forms of official recognition.
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7,891.
Omekam v. Canada (Minister of Citizenship and Immigration) - 2006 FC 331 - 2006-03-14
Federal Court Decisions4. Did the immigration officer deny the applicant procedural fairness by improperly relying on extrinsic evidence? [...] To help him deal with his condition, I have written a letter to Mr. Omekam’s physician recommending that the patient be prescribed antidepressant-anxyolitics, and I have advised Mr. Omekam to seek counselling at the Canadian Centre for Victims of Torture. [...] [42] Because of my finding on Issue 1, I need not deal with the other issues raised by the applicant.
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7,892.
Jaworski v. Canada (Minister of Citizenship and Immigration) - 2000-05-09
Federal Court of Appeal DecisionsIt was in midtown Toronto, less than a block from Bathurst Street, which was described as a fairly busy street. [...] Under the statutory provisions dealing with RCMP discipline proceedings, the Committee does not have formal decision-making powers. [...] However, before considering counsel"s attack on the identification process, particularly the "one man show-up" on the night of the incident, I shall deal with two other aspects of the identification.
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7,893.
Canada (Information Commissioner) v. Canada (Chairperson, Immigration and Refugee Board) - 1997-12-24
Federal Court Decisions[...] c) contenant des renseignements dont la divulgation risquerait vraisemblablement de nuire aux activités destinées à faire respecter les lois fédérales ou provinciales ou au déroulement d'enquêtes licites, notamment : [...] [...] b) soit dont la divulgation risquerait vraisemblablement de nuire aux activités destinées à faire respecter les lois fédérales ou provinciales ou au déroulement d'enquêtes licites, notamment : [...] [49] Given my decision on the interpretation of paragraph 16(1)(c) of the Access to Information Act and paragraph 22(1)(b) of the Privacy Act, I find it unnecessary to deal with the issue concerning the evidentiary and threshold requirements necessary to prove reasonable expectation of probable harm.
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7,894.
AB Hassle v. Canada (National Health and Welfare) - 1997-01-08
Federal Court DecisionsRothstein J. based his conclusion, in part, on the principle of fairness where one party meets procedural requirements in timely fashion in accord with the Regulations and the Rules, and the other party does not, and having been denied an extension of time to comply, the latter should not to be permitted to restore his [...] Muldoon J. there was dealing with a third notice of allegation served by Nu-Pharm upon Schering in circumstances involving the same parties, concerning the same patents for the same drug, and with reference to the same new drug submission, as had earlier been the basis of the proceedings before Rothstein J., and at a time [...] In my view, that ground, which is not referred to in the second Originating Notice of Motion of the applicants, is not fairly before the Court for Apotex to deal with.
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7,895.
Yorkwest Plumbing Supply Inc. v. The Queen - 2020 TCC 122 - 2020-11-04
Tax Court of Canada JudgmentsThe introduction of the new system represented a significant disruption for the Appellant and required a great deal of time and attention from management for some time after March 1, 2009. [...] Unfortunately, management and staff were preoccupied with learning the new system and dealing with other issues related to the transition. [...] [53] When dealing with a trading business (i.e., a business selling inventory), the first step in computing profit for the year under subsection 9(1) of the Act is to compute the gross profit of the business for that year.
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7,896.
Canada (Public Safety and Emergency Preparedness) v. Kalombo - 2020 FC 793 - 2020-07-24
Federal Court DecisionsFinally, it would not be fair to the respondent to make findings at this stage on the basis of his criminal history (whether in the United Kingdom or in Canada) without a better understanding of the role, if any, played by the substance abuse problems he claims to suffer from in that history. [...] [73] While it is somewhat unusual to deal with the issue of leave in this manner, it is far from unprecedented (see, for example, JW at para 36, and Mohammed at para 52). [...] I am of the view that it is in the interests of justice for me to deal with this question now.
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7,897.
Yang v. Canada (Citizenship and Immigration) - 2012 FC 930 - 2012-07-25
Federal Court DecisionsIts analysis was therefore flawed as it failed to deal with probative, timely and significant evidence that supported the opposite of what it found. [...] [42] Finally, it was a breach of procedural fairness for the Board not to raise its concerns about lack of information to the applicant and allow the applicant to respond to them. [...] However, it found that the preponderance of the evidence strongly suggested that the state was making serious and adequate efforts to deal with domestic violence.
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7,898.
Attaran v. Canada (National Defence) - 2011 FC 664 - 2011-06-09
Federal Court DecisionsNotwithstanding the Court’s obligation to pay deference to the decision-maker’s approach to redaction, I am satisfied that the reasonableness standard is sufficiently robust to deal with situations of clearly unwarranted overreaching by the government. [...] Especially when dealing with personal information, in my opinion, it is preferable to delete an entire passage in order to protect the privacy of the individual rather than disclosing certain non-exempt words or phrases. [...] What has already been disclosed fairly and accurately describes what is depicted in the disputed photographs.
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7,899.
Demers v. Canada (Attorney General) - 2009 FCA 380 - 2009-12-23
Federal Court of Appeal DecisionsSince these criteria are connected, it is appropriate to deal with them together in the following analysis. [...] [52] I will deal with the adjudicator’s conclusions in the order in which they appear in her reasons. [...] It is fairly vested there because the grievance procedure is capable of adequately recompensing employees for abuse of authority by supervision.
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7,900.
Werner Blauer v. The Queen - 2007 TCC 706 - 2007-06-05
Tax Court of Canada JudgmentsI believe it is fair to say that section 6 does have the effect of deeming the WLR payments to be employment income as an adjunct to section 5. [...] That clause, applicable to provincial plans as well, deals with any amount received on account of any benefit. [...] As will be seen later in these Reasons dealing with the QPP payments, the situation is clearer in the case of a government funded or statutory retirement plan that includes disability provisions.