11,312 result(s)
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7,951.
Karimi v. Canada (Citizenship and Immigration) - 2015 FC 1163 - 2015-10-14
Federal Court Decisions[9] Whether Mr. Karimi was given a sufficient opportunity to meet the requirements of his application for a permanent resident visa is a question of procedural fairness, and is therefore subject to review by this Court against the standard of correctness (Patel v Canada (Minister of Citizenship and Immigration), 2015 FC 900 [...] [58] The solution therefore does not seem to lie in cautioning or discouraging applicants from using email, but in finding a strategy to deal with the occasional email error, especially when an applicant has done everything on his or her end to accommodate email communication.
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7,952.
Martin v. The Queen - 2014 TCC 200 - 2014-06-19
Tax Court of Canada JudgmentsThat is clear from the language of sections 53 and 54 of the Act. There is no basis to use the fair market value of a capital property as its cost – indeed such an approach would remove the possibility of capital gains being realized for tax purposes. [...] [12] It is similarly clear from the wording of subsection 40(1) dealing with disposition costs that, in order to qualify and be recognized, expenses must actually have been made or incurred for the purpose of making the disposition.
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7,953.
Adejumo v. Canada (Citizenship and Immigration) - 2011 FC 1485 - 2011-12-16
Federal Court DecisionsHowever, the Citizenship Act was amended in December 2007 and April 2009 to deal with such situations. [...] [4] Angela’s father is a fairly well-to-do man by Nigerian standards.
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7,954.
Allisen v. The Queen - 2011 TCC 508 - 2011-11-18
Tax Court of Canada Judgments[12] In dealing with the issue of whether Chivas was a small business corporation, I will not go through all the requirements of the Act that must be met in order for an investment to qualify as a BIL other that to refer to paragraph 39(1)(c), which provides as follows: [...] a Canadian–controlled private corporation all or substantially all of the fair market value of the assets of which . . . is attributable to assets that are . . . used principally in an active business carried on primarily in Canada by . . . the corporation . . .
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7,955.
Spidel v. Canada (Attorney General) - 2010 FC 1028 - 2010-10-21
Federal Court DecisionsWhile not dealing with freedom issues, as in Ferndale, the Court is faced with health issues which are serious matters. [...] [18] There is no evidence that the conclusion of the Applicant’s grievance process is a foregone conclusion nor is there any reason to believe that the grievance will not be fairly considered.
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7,956.
Canada (Prime Minister) v. Khadr - 2010 FCA 245 - 2010-09-27
Federal Court of Appeal DecisionsA fair construction of this Court’s direction dated July 29, 2010 is that this Court was unwilling to permit a deviation from the normal policy expressed in this Practice Direction. [...] [12] In dealing with Mr. Khadr’s motion, I am severely constrained. Even if I were inclined to expedite the matter, I am not free to reverse the two earlier decisions denying relief merely because I disagree.
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7,957.
Blanchet v. International Association of Machinists and Aerospace Workers, Local 712 - 2009 FCA 103 - 2009-04-01
Federal Court of Appeal DecisionsThe applicant accused his union of breaching its duty of fair and equitable representation under section 37 of the Canada Labour Code, R.S.C. 1985, c. L-2 (Code). [...] I will also deal with issues raised at the hearing. [9] The Board was not required to hold an oral hearing, even though one had been requested: Nav Canada v. International Brotherhood of Electrical Workers, Local 2228, 2001 FCA 30, at paragraphs 10 and 11; Raymond v. Canadian Union of Postal Workers and Canada Post
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7,958.
Placide v. Canada (Citizenship and Immigration) - 2008 FC 953 - 2008-08-15
Federal Court Decisions(2) Considering the scheme of the Act and the Regulations concerning the assessments required to be given to the applicant under section 172 or section 173 of the Regulations, were these provisions, on the one hand, or procedural fairness, on the other hand, infringed by the Minister’s delegate when he went beyond the ambit [...] (5) Did the Minister’s delegate give sufficient reasons for rejecting certain pieces of evidence dealing with the allegations?
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7,959.
Dené Tha’ First Nation v. Canada - 2008 FC 679 - 2008-05-27
Federal Court Decisions[4] During the course of the examination for discovery of the Crown’s representative held in March 2001, then counsel for the Plaintiffs asked the Crown to provide other provisions of Treaty 8 dealing with the Plaintiffs’ entitlement to “two hoes, a spade and what have you”. [...] [16] Ultimately, this motion boils down to a consideration of simple fairness, common sense and the interests of justice.
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7,960.
Colaco v. Canada (Minister of Citizenship and Immigration) - 2006 FC 896 - 2006-07-19
Federal Court DecisionsMoreover, their failure to read the families' responses to the fairness letters sent to them by the medical officers meant that their decisions were not based on all the relevant available information. [...] 39 It is important to recognize at the outset that we are dealing with individuals who qualify for [page723] admission to Canada in the "investor" and "self-employed" categories.
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7,961.
Barnes v. Canada (Minister of Human Resources Development) - 2004 FC 985 - 2004-07-14
Federal Court DecisionsThe final stage of the review is consideration of the overpayment issue by a Review Tribunal acting pursuant to s.82 of the Act. A multiplicity of arguments have been made as to the ambit of the Minister's obligations to deal with the overpayment issue in the decision, and also the jurisdiction of the Review Tribunal to [...] le ministre peut, sauf dans les cas où cette personne a été condamnée, aux termes d'une disposition de la présente loi ou du Code criminel, pour avoir obtenu la prestation illégalement, faire remise de tout ou partie des montants versés indûment ou en exc
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7,962.
Fuaran Foundation v. Canada (Customs and Revenue Agency) - 2004 FCA 181 - 2004-05-04
Federal Court of Appeal Decisions[4] The facility is in a fairly remote location and only provides one room where participants may stay overnight. [...] [14] The analysis of Iacobucci J. in Vancouver Society, although the Court was dealing with the "advancement of education", would presumably apply also to "advancement of religion".
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7,963.
Boyd v. Canada (Minister of Transport) - 2004 FC 263 - 2004-03-03
Federal Court Decisions[22] Dealing with the merits of this application for judicial review, the CAT found Boyd to have contravened the CARS and the SFOC conditions on a very different basis than that alleged by Transport Canada. [...] This is a simple issue of fairness and natural justice. The concept of "notice" and "an opportunity to be heard"on that issue is so fundamental to public law as to admit of no debate.
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7,964.
1116286 Ontario Inc. v. The Queen - 2003 TCC 889 - 2003-12-23
Tax Court of Canada JudgmentsWe respectfully request that a reasonable and fair determination for GST input tax credits be determined based on the company's sales. [...] [13] We are dealing with one of the technical requirements under a statute that is somewhat unique for its specificity.
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7,965.
Chandler v. The Queen - 2003 TCC 34 - 2003-05-13
Tax Court of Canada JudgmentsWhile the subsection does not say so explicitly, it is fair to infer that Parliament intended, by section 8, to sweep in payments, distributions, benefits and advantages that flow from a corporation to a shareholder by some route other than the dividend route and that might be expected to reach the shareholder by the more
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7,966.
Inmate Welfare Committee of William Head Institution v. Gallagher - 2003 FCT 288 - 2003-03-11
Federal Court Decisions[4] Early in 2001, Warden Michael Gallagher of the William Head Institution determined that action was required to deal with the issue of second-hand smoke in the living accommodations. [...] Nor is there any indication that the applicant was denied procedural fairness.
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7,967.
Emmanuels v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 865 - 2002-08-15
Federal Court DecisionsSuch characterization fairly reflected the preponderance of the evidence adduced by the claimants, and the submissions of their counsel to the CRDD. [...] [4] Given that Mrs. Emmanuels stated that her fear of returning to Russia was, at least in part, based on her relationship with a Nigerian man and the panel's acknowledgement of this, I accept the submission of counsel for the applicants that it was an error for the CRDD to fail to deal with this aspect of Mrs. Emmanuels'
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7,968.
Coath v. Bruno Gerussi (The) - 2002 FCT 385 - 2002-04-05
Federal Court DecisionsThat the format of that portion of the 22 March 2002 affidavit in support of this motion, which deals with service, does not correspond with Form 146A is not critical for, by Rule 146, the manner of proving service is permissive. [...] In my view, a successful party must demonstrate that his or her loss cannot be fairly compensated in damages without an award of compound interest.
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7,969.
Wedow v. Canada (Solicitor General0 - 2001 FCT 464 - 2001-05-10
Federal Court Decisions15. Access to telephones, through an inmate telephone system, should be provided, on a fair and consistent basis, to help maintain family and community ties and to provide a direct link with families in the event of an emergency. [...] [28] The application of new technologies implies that inmates have to deal with registered voice and have no possibility to reach an operator to allow a third party to accept to pay the collect call, as it was the case before implementation of new technologies; machines are now talking to machines.
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7,970.
Watt v. Canada - 2000-12-01
Federal Court DecisionsI regret to say that much of the defendant's argument on the motion was misplaced, also, a good deal of the written submissions dealt with a motion to strike which this is not and failed to draw the distinction between the motion to strike and a motion for summary judgment. [...] This is not intended to be a reflection on counsel who pleaded the case at trial but the Court expects that when counsel file written memoranda of fact and law that they will set out fairly and fully the positions that they in fact adopt during the course of argument and not positions which are not sustainable and are
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7,971.
Ahmed v. Canada (Minister of Citizenship and Immigration) - 2000-07-31
Federal Court Decisionsfacts, those particular facts being, the long lapse of time since the applicant entered Canada, the acknowledged instability in Somalia, the fact that the Port of Entry notes had not been raised to the attention of the applicant at any other stage in his dealings with immigration officials, and his mental condition. [...] Against these particular facts, I am satisfied that the PCDO breached the duty of fairness owed by him to the applicant in failing to disclose the Port of Entry notes on which the PCDO intended to rely and to provide the applicant an opportunity to comment on the contradictions and inconsistencies between those notes on the
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7,972.
Singh v. Canada (Minister of Citizenship and Immigration) - 1999-08-19
Federal Court DecisionsIf the decision under review is sufficiently difficult, then perhaps a great deal of reading and thinking will be required before the judge will be able to grasp the dimensions of the problem.7 [...] History sheeters normally have to report to police fairly regularly and, according to Nair, usually become known to authorities quickly after they relocate.
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7,973.
Katz v. The Queen - 1999-08-05
Tax Court of Canada JudgmentsThe Appellant stated that in the original draft of the agreement he was to transfer his shares to specified shareholders, however he asked that the clause be changed as he felt not all of the shareholders under this transaction were dealt with fairly. [...] (ii) to a person with whom the taxpayer was dealing at arm’s length of any property that is
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7,974.
Portillo v. Canada (Minister of Citizenship and Immigration) - 1999-06-09
Federal Court Decisions70. (5) Ne peuvent faire appel devant la section d'appel les personnes, visées au paragraphe (1) ou aux alinéas (2)a) ou b), qui, selon la décision d'un arbitre : [...] This may be easy in some cases where the decision is patently perverse, patently unlawful as dealing with matters outside the jurisdiction of the decision maker, or explicable only on the assumption of bad faith.
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7,975.
Payne v. The Queen - 1999-05-25
Tax Court of Canada Judgmentsa) at all material times, Genevieve (Jean) Payne was the spouse of the Appellant and the two were not dealing at arm's length; [...] g) at the time of transfer, the fair market value of the Property was no less than $24,926.09;