11,312 result(s)
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7,976.
Quizon v. Canada (Citizenship and Immigration) - 1997-08-15
Federal Court DecisionsSection 12 of the Immigration Regulations, 1978 deems certain questions to have been asked at the port of entry.[3] That section deals with changed circumstances (e.g. marital status) between the time of the issuance of a visa and the date of entry into Canada. [...] (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;
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7,977.
Nolan v. Silex International Chemical Systems Inc. - 1997-04-25
Federal Court DecisionsIn view of the small number of objections in issue, I intend to deal with the objections category by category, listing the question or questions in that category at the beginning of each analysis. [...] However, given that the defendants object to continuing the examination for discovery of the plaintiff in writing, and particularly given that the context of the questions in issue here required clarification in order to be pursued, it seems to me to be fair and equitable that the defendants again assume the plaintiff's
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7,978.
Peguis First Nation v. Canada (Attorney General) - 2021 FC 990 - 2021-09-24
Federal Court DecisionsSharp dealing is not permitted. However, there is no duty to agree; rather, the commitment is to a meaningful process of consultation. [...] [308] In our view, it was not consistent with the duty to consult and the obligation of fair dealing for Canada to simply assert the Project’s impact would be mitigated without first discussing the nature and extent of the rights that were to be impacted. [...] To do so is inconsistent with the principle of fair dealing and reconciliation.
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7,979.
Envision Credit Union v. The Queen - 2010 TCC 576 - 2010-11-17
Tax Court of Canada Judgments(ix) the fair market value of the equity shares of any class, or a method of determining the fair market value of the equity shares of any class, for the purpose of section 24, and [...] [37] In dealing with delivery, the Nova Scotia Court of Appeal in Re MacNeil Estate, 219 N.S.R. (2d) 80, stated as follows: [...] The Act was amended in 1979 to add subsection 87(9)*, dealing with triangular amalgamations, a transaction permitted under corporate law but not yet recognized by the Act (as noted by the Explanatory Note to that subsection).
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7,980.
L'Action des nouvelles conjointes du Québec v. Canada - 2004 FC 797 - 2004-06-01
Federal Court DecisionsI will deal now with the first question. Section 91(26) of the British North America Act gives to the Parliament of Canada authority to legislate on the matters of "Marriage and Divorce". [...] A respondent cannot, by simply consenting to dispense with the factual background, require or expect a court to deal with an issue such as this in a factual void. [...] This passage applies to the standard of review for an appellate court, but it is equally apt for a judge trying to determine from the outside, for unknown applicants, whether the Guidelines are fair or not, whether the best interest of the child is indeed served or not.
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7,981.
Canadian Pacific Ltd. v. Matsqui Indian Band - 1998-07-02
Federal Court of Appeal Decisions[...] when determining the legal effect of dealings between aboriginal peoples and the Crown relating to reserve lands, the sui generis nature of aboriginal title requires courts to go beyond the usual restrictions imposed by the common law, in order to give effect to the true purpose of the dealings. [...] [24] Counsel before us spent a great deal of time debating whether CN's interest in the land was a fee-simple or an easement. [...] Such leases are commonly called locatee leases, and there is a good deal of locatee leased Indian land.
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7,982.
Kina v. Canada (Citizenship and Immigration) - 2014 FC 284 - 2014-03-21
Federal Court DecisionsOn the other hand, there was evidence that the Czech Republic was a multiparty parliamentary democracy, that its laws provide for a right to a fair trial, that police are required by law to respond to all distress calls, and that complainants are entitled to copies of police reports. [...] The Applicants argue that the Board erred in failing to deal with the “second arm” of the test for state protection – that is, the state’s ability to protect, rather than merely its willingness to protect. [...] It was not unreasonable for the Board to expect such evidence in this case, given that the letter mentioned dealings with the police and Mr. Kina testified that he required medication.
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7,983.
Krasnick Estate v. Canada (Veterans Affairs) - 2007 FC 1322 - 2007-12-14
Federal Court DecisionsBrochures were made available at regional offices, fairs and exhibitions and to anyone asking for information. [...] · There is no need to be concerned with subsections 22.1 (2) and (3) which deal with income restrictions. [...] [61] The decision proceeds to make reference to section 21 of the Regulations which deals with department facilities and contract beds.
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7,984.
Kern v. The Queen - 2005 TCC 314 - 2005-05-05
Tax Court of Canada JudgmentsI will address that issue before dealing with the issue of the underlying assessments. [...] I will deal in rough numbers, as it is clear from both sides, accuracy is unattainable. [...] As I tried to clarify with Mr. Kern, this Court deals with the assessment itself and not the follow-up collection matters.
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7,985.
Canada (Attorney General) v. Jodhan - 2012 FCA 161 - 2012-05-30
Federal Court of Appeal Decisionsc. service is timely, courteous, fair, efficient and offered with all due regard for the privacy, safety, convenience, comfort and needs of the public; [...] ... Pour fournir un service de qualité qui répond aux besoins de renseignements de tous les Canadiens, les institutions doivent faire en sorte : [...] Fourth, the remedy should be one that was fair to the parties against whom it was made.
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7,986.
Amnesty International Canada v. Canada (Attorney General) - 2008 FC 336 - 2008-03-12
Federal Court Decisions[59] Theatre Standing Order 321A further provides that while in Canadian custody, detainees are to be “treated fairly and humanely” in accordance with “applicable international law and CF Doctrine”. [...] In his opinion, the law of the state in which the search occurred should apply, subject to the safeguards protecting the fairness of trials in Canada. [...] [165] Amongst other things, the Technical Arrangements deal with the status of Canadian personnel within Afghanistan.
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7,987.
Black v. Advisory Council for the Order of Canada - 2012 FC 1234 - 2012-10-23
Federal Court Decisionsc) Did the Council breach a principle of procedural fairness? ANALYSIS [...] As acknowledged by the Applicant, the duty of procedural fairness does not confer an unqualified right to an oral hearing. [...] This amounted to a denial of procedural fairness, which by itself fatally flawed the proceedings before the Committee.
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7,988.
Barre v. Canada (Citizenship and Immigration) - 2022 FC 1078 - 2022-07-20
Federal Court Decisions• (4)Did the Applicants suffer a breach of procedural fairness and/or natural justice? [...] (ii) aux activités destinées à faire respecter les lois fédérales ou provinciales, [...] [58] My conclusion is further supported by the jurisprudence to date of this Court dealing with the reliance on photo comparisons as proof of identity of applicants.
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7,989.
Canpotex Shipping Services Limited v. Marine Petrobulk Ltd. - 2015 FC 1108 - 2015-09-23
Federal Court Decisions[112] The present motion is made under Rules 108, 64 and 216, so that we are dealing with summary judgment. [...] A Because we were dealing with the same entity and we were dealing with a number of different market places, jurisdictions. [...] How do you make the connection at least in this document between schedule 3 and the Star Jing and Ken Star deliveries that we’re dealing with?
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7,990.
Pelletier v. Canada (Attorney General) - 2005 FC 1545 - 2005-11-18
Federal Court Decisions- If there was a breach of procedural fairness, what remedy must be granted in this case? [...] And when they do, I expect them to be treated fairly. This was clearly not the case. [...] (a) The duty to act fairly [41] The existence of a general duty to act fairly resulting from the common law is assessed in light of three factors:
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7,991.
Lake Babine Nation v. Williams - 2012 FC 1085 - 2012-09-17
Federal Court DecisionsThere are many authorities dealing with the determination of whether a person is a manager pursuant to subsection 167(3) of the Code. [...] Thus the adjudicator maintained jurisdiction to deal with the complaint. [...] d. Could not deal with or put proposals to INAC; e. Did not exercise complete independence in exercising her responsibilities;
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7,992.
Ilott v. The Queen - 2002-12-19
Tax Court of Canada JudgmentsThey also rented land in several places and it was necessary to travel to those areas to negotiate deals. [...] Often times land owners are absentee land owners and it is necessary to travel to different places to make those deals. [...] This list was fairly representative of the asset position of the Company during the years in question.
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7,993.
Liidlii Kue First Nation v. Canada (Attorney General) - 2000-07-21
Federal Court Decisions[53] Much of the jurisprudence that has been cited deals with a different kind of right from that in issue here. [...] Cases such as Delgamuukw and R. v. Sparrow, [1990] 1 S.C.R. 1075, deal with aboriginal rights when there has been no extinguishment of aboriginal title. [...] Many of the cases that were cited deal with the application of provincial or federal laws to Indians when they are exercising their right to hunt, fish or trap on unoccupied Crown land (some deal with the extended right flowing from the Natural Resources Transfer Agreements).
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7,994.
Van Der Steen v. The Queen - 2019 TCC 23 - 2019-01-23
Tax Court of Canada JudgmentsMs. Leung spent a great deal of time explaining to the Court how the various circuitous arrangements worked. [...] 25. It is unnecessary for me to deal at any greater length with the donor. [...] As she put it, all 700 donors got the same deal and the same tax benefit.
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7,995.
McMillan v. Canada - 2023 FC 1752 - 2023-12-22
Federal Court DecisionsThe parties agreed to deal with both motions concurrently. II. Background [...] It would promote greater fairness and access to justice for individuals who may not be able to pursue a claim. [...] (i) would fairly and adequately represent the interests of the class,
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7,996.
Paradis Honey Ltd. v. Canada - 2017 FC 199 - 2017-02-17
Federal Court DecisionsIt states that the assessment of the cause of the loss of the opportunity to import for each individual commercial beekeeper is too complex to deal with as a class, and would instead require individual trials. [...] In an organized society however, I do not see this as the kind of fairness concern that should prevent a court from intervening. [...] The Beekeepers have produced evidence, that meets the standard of “some basis in fact”, showing that the Class would be fairly large.
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7,997.
Canadian Union of Postal Workers v. Canada Post Corporation - 2016 FC 252 - 2016-02-26
Federal Court DecisionsIn such an instance, the application of Driedger’s principle gives rise to what was described in R. v. Ulybel Enterprises Ltd., [2001] 2 S.C.R. 867, 2001 SCC 56, as “the principle of interpretation that presumes a harmony, coherence, and consistency between statutes dealing with the same subject matter”. [...] c) l’obligation qu’a l’employé de signaler les éléments mentionnés aux alinéas 126(1)g) ou h) de la Loi et celle de faire rapport au titre de l’article 15.3; [...] 12. Every enactment is deemed remedial, and shall be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objects.
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7,998.
Monla v. Canada (Citizenship and Immigration) - 2016 FC 44 - 2016-01-19
Federal Court DecisionsThe more serious the consequences to an individual, the greater the need for procedural fairness and natural justice. [...] [82] In any event, the underlying applications deal with much more than the Charter and Bill of Rights issues. [...] La communication de l’avis peut se faire par courrier recommandé envoyé à la dernière adresse connue de l’intéressé.
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7,999.
Reckitt Benckiser LLC v. Jamieson Laboratories Ltd - 2015 FC 215 - 2015-02-20
Federal Court DecisionsIn that case he was dealing with the question of confusion, and said: [...] Consequently, nothing prevents Michael and Marika Kun from attending the Frankfurt Fair and promoting their KADENZA as long as they abide by the restraint which this Court is ordering. [...] It is true Jamieson spent a great deal of money, but it took that risk.
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8,000.
Canada (Health) v. Celgene Inc. - 2013 FCA 43 - 2013-02-15
Federal Court of Appeal Decisions[51] The parties agree that, read in the context of a provision dealing with approval of pharmaceutical product for marketing in the territory of a signatory state, “new” does not mean “unknown”, “made”, “invented” or “discovered recently”. [...] Would it then be fair to say that a drug, the approval of which has been withdrawn for safety reasons, should nevertheless be considered as having been previously approved? [...] Would it then be fair to say that a drug, the approval of which has been withdrawn for safety reasons, should nevertheless be considered as having been previously approved?