11,312 result(s)
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8,026.
Schut v. Canada (Attorney General) - 2000-04-06
Federal Court DecisionsDespite its uncertainty on this issue, as indicated in the passage cited above, it wrote in the portion of its decision dealing with facts at page 2: [...] No such application was made by either party's counsel, and in fairness to the respondent the Court will not now intervene without adequate notice to all parties and appropriate preparation on the issues involved. [...] The applicant needs to have an adjudicated decision of the appeal board which determines his application for a pension and deals with the matter of acute stress disorder in light of the evidence adduced.
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8,027.
Scottish & York Insurance Co. v. York - 2000-01-04
Federal Court Decisions[48] I will first deal with the plaintiffs" motion to add two new subparagraphs to paragraph 18 of the Amended Statement of Claim of 1987. [...] a)l"objet de la modification est de faire concorder le document avec les questions en litige à l"audience; [...] [87] It is submitted by the plaintiffs that there are no cases dealing with the new rule 58, which was the old rule 302(c), and that the fresh step wording is no longer there but that the principle is still applicable to the facts of this case.
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8,028.
Commission Scolaire Des Patriotes v. The Queen - 2002-03-01
Tax Court of Canada JudgmentsI will later come back to the nature of each of the two legal rules; at this point, we must simply note that they are both rules of evidence.[6] Article 2848 C.C.Q., which sets out the rule of the authority of a final judgment, is in Book Seven (dealing with evidence), Title Two (dealing with proof), Chapter III (dealing [...] (a) may prejudice or delay the fair hearing of the action, (b) is scandalous, frivolous or vexatious, or [...] They include the rules dealing with Crown immunity and professional secrecy.
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8,029.
Janssen-Ortho Inc. v. Canada (Health) - 2010 FC 42 - 2010-05-12
Federal Court DecisionsIn Western Electric Co. v. Baldwin International Radio of Canada, [1934] S.C.R. 570, the Court cited earlier authority dealing with the word "conduit" as used in a patent claim. [...] This is a rule grounded in fairness and reason. Its application depends upon the circumstances of the case. [...] [128] Lastly, before turning to the construction of the claims, I will deal with a submission made by both parties that the other has changed its position regarding the nature of the ‘852 patent.
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8,030.
Canadian Security Intelligence Service Act (CA) (Re) - 2022 FC 645 - 2024-06-13
Federal Court DecisionsAccordingly, the procedure followed was similar to that employed in dealing with applications for the issuance of warrants under the CSIS Act and proceedings under related statutes. [...] The affiant stated that she understood her obligation was to provide full, frank and fair disclosure to the Court and that the obligation extended to other members of the Service who had provided information to her, such as the operational personnel who had handled the datasets. [...] [51] These were novel applications and the Court wishes to thank counsel for the AGC and the amicus for their assistance to the Court in dealing with them.
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8,031.
Veerasingam v. Canada (Citizenship and Immigration) - 2024 FC 639 - 2024-04-26
Federal Court DecisionsProcedures and Criteria for Determining Refugee Status [the UNHCR Handbook] as well as the Federal Court of Appeal’s decision in Canada (Citizenship and Immigration) v Galindo Camayo, 2022 FCA 50 [Camayo] at paragraph 84, which outlines the factors that the RPD should consider and balance when dealing with cessation cases. [...] [17] At the eleventh hour, less than two days before the hearing, the Applicant informed the Court of his intention to argue that the lack of a transcript and/or audio recording of the cessation hearing in the certified tribunal record [CTR] constituted a breach of procedural fairness. [...] The Respondent did not make any efforts to conceal his presence in Sri Lanka while entering and exiting the country and he testified that he did not encounter any problems when dealing with Sri Lankan immigration authorities when transiting the port of entry.
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8,032.
Dennis v. Canada (Citizenship and Immigration) - 2023 FC 1383 - 2023-10-19
Federal Court DecisionsThose interests must be well identified and defined, and examined with a great deal of attention in light of all the evidence: see Kanthasamy, at paras 35 and 38- 40. [...] It is really frustrating to be treated that way but my priority is always making sure that [S] is taken care of, which means I also have to deal with her mother. [...] [36] However, as the applicant fairly noted, the applicant has four, not two, grandchildren in Jamaica.
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8,033.
Eli Lilly Canada Inc. v. Mylan Pharmaceuticals ULC. - 2023 FC 780 - 2023-06-08
Federal Court Decisions[1] This Order deals with the costs and disbursements payable as a result of the Judgment and Reasons in which I allowed the Defendants Mylan Pharmaceuticals ULC (hereinafter referred as “Mylan”), Teva Canada Limited, Pharmascience Inc. and Laboratoire Riva Inc., and Apotex Inc.’s counterclaims and held that the asserted [...] Specifically, Lilly asserts that the overriding consideration in making an award of costs is fairness and reasonableness (Bristol-Myers Squibb Canada Co v Teva Canada Ltd, 2016 FC 991 at para 5) and it would be unreasonable for Lilly to compensate the Defendants for the excessive fees they claim, i.e., the multiple counsels [...] Furthermore, the decisions cited by Lilly are not persuasive in the circumstances of the present case as they either seemingly did not deal with issues of invalidity, did not detail the submissions from the parties on costs or indicate that submissions on costs were provided, and-or did not provide reasons for awarding
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8,034.
Eli Lilly Canada Inc. v. Teva Canada Limited - 2023 FC 782 - 2023-06-08
Federal Court Decisions[1] This Order deals with the costs and disbursements payable as a result of the Judgment and Reasons in which I allowed the Defendants Teva Canada Limited (“Teva”), Pharmascience Inc. and Laboratoire Riva Inc., Apotex Inc., and Mylan Pharmaceuticals ULC’s counterclaims and held that the asserted claims of the Plaintiffs’ [...] Specifically, Lilly asserts that the overriding consideration in making an award of costs is fairness and reasonableness (Bristol-Myers Squibb Canada Co v Teva Canada Ltd, 2016 FC 991 at para 5) and it would be unreasonable for Lilly to compensate the Defendants for the excessive fees they claim, i.e., the multiple counsels [...] Furthermore, the decisions cited by Lilly are not persuasive in the circumstances of the present case as they either seemingly did not deal with issues of invalidity, did not detail the submissions from the parties on costs or indicate that submissions on costs were provided, and-or did not provide reasons for awarding
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8,035.
Anne-Marie Chagnon Inc. v. The King - 2023 TCC 35 - 2023-03-24
Tax Court of Canada Judgments(9) In summary, the Minister found that the results were qualitative and did not advance the appellant’s scientific or technological knowledge and, generally, that the appellant did not have to deal with scientific or technological uncertainty. [...] Spectacular breakthroughs are rare and make up a very small part of the results of SRED in Canada” before concluding that “the tax incentives given for doing SRED are intended to encourage scientific research in Canada” and that the legislative provisions should be given a “fair, large and liberal construction and [...] Several programs in high school or CEGEP deal with fine jewelry, which is not reproduced on a large scale.
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8,036.
Dakota Plains Wahpeton Oyate First Nation v. Smoke - 2022 FC 918 - 2022-06-16
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. [...] [13] The Applicants submit that it is in the best interest of all community members that all facets of the dispute be deal with in a single decision, so that closure can be brought to the matter and the community can address important decisions that need to be taken in the short and medium term (Anichinapéo v Papatie, 2014 [...] It is also my view that it would be a waste of this Court’s resources to require separate applications for each BCR; addressing all of the BCRs in one judicial review strikes me as the most expeditious and judicially economical way of dealing with the matter at hand, in keeping with Rule 3 of the Rules.
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8,037.
Ramos Morales v. Canada (Citizenship and Immigration) - 2021 FC 813 - 2021-08-03
Federal Court DecisionsDealing with issue (a) above, the RAD noted that “the timing of when the principal appellant was allegedly invited to join the Knights Templar is not a minor detail.” Contrary to the applicants’ arguments, this phrase does not mean that the RAD applied a threshold of “triviality” to questions of credibility, according to [...] Emphasizing a single phrase and its translation without reading it together with the other passages dealing with the same subject can lead to an erroneous assessment of the evidence as a whole. [...] As admitted by the Minister, this is a fairly clear reference to an extortion attempt, which appears to have been missed by the RAD.
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8,038.
Canada v. Esau - 2021 FC 123 - 2021-02-08
Federal Court DecisionsHowever, unlike with respect to the 2015 advance payment, he does appear to have had direct dealings with Ms. Patterson in respect of the 2016 advance payment and therefore has direct knowledge of material facts relating to it. [...] (1.1) En outre, il peut le faire dans les cas suivants : (a) the producer is in default under the repayment agreement and has made an application under section 5 of the Farm Debt Mediation Act; or [...] (d) any acknowledgment of the amounts, interest and costs owing made by the person, his or her agent or other representative or the trustee or administrator in the course of proceedings under the Bankruptcy and Insolvency Act, the Farm Debt Mediation Act or any other legislation dealing with the payment of debts; or
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8,039.
Liang v. Canada - 2020 FC 1073 - 2020-11-19
Federal Court DecisionsAs Thomas J. notes in Dunlea v. Attorney-General, [2000] NZCA 84, [2000] 3 N.Z.L.R. 136, at para. 81, a case dealing with New Zealand's Bill of Rights Act 1990, an action for public law damages “is not a private law action in the nature of a tort claim for which the state is vicariously liable but [a distinct] public law [...] 58 Fourth, an appropriate and just remedy is one that, after ensuring that the right of the claimant is fully vindicated, is also fair to the party against whom the order is made. [...] [21] The parties have jointly submitted a form of Orders and attached litigation plans leaving out only the provisions dealing with the issues arising on these motions.
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8,040.
Ul Zaman v. Canada (Citizenship and Immigration) - 2020 FC 268 - 2020-02-19
Federal Court DecisionsThe position involved work on the production side and did not involve dealing with customers. [...] First, Shirin Mahal Bakery & Sweets noted that the job applicant would be working on the production side of the business and would not be dealing with customers. [...] Foreign nationals are entitled to the minimum degree of procedural fairness.
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8,041.
Canadian Pacific Railway Company v. Canada - 2019 FC 1531 - 2019-11-29
Federal Court DecisionsIn any event, the Urban Report deals, at least in part, with the main line at issue, and many of the taxes that were repaid by CPR to provincial governments and not to the Defendant. [...] [37] In sum, the issues CPR notes (that the Report does not reference the time period at dispute; that it references subsidies that were repaid to the government; and that it deals primarily with the branch lines, rather than the main line) can all be dealt with in cross-examination of Mr. Urban and oral argument, both of [...] Exclusion would also prejudice the Defendant’s ability for a fair and full defense based on the equitable grounds it raises.
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8,042.
Louie v. Louie - 2018 FC 550 - 2018-05-28
Federal Court Decisionsby the By-Law. I agree with the Arbitrator’s finding that the By-Law “was intended to be a complete code governing the removal of members of Council.” It contains a comprehensive procedure for the removal of a Council member, which has similarities to the process described by Ms. Basil but ensures procedural fairness. [...] As well, this Court has held that provisions of a custom election code that deal with the removal of a council member from office should be strictly construed because of their severe impacts (Bugle v Lameman, [1997] FCJ No 560 (TD) at para 3; Basil at para 64). [...] iv. dealing with any matter or other thing not otherwise provided for in this section.
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8,043.
Kajtor v. The Queen - 2018 TCC 6 - 2018-01-05
Tax Court of Canada JudgmentsThe Appellant was not used to dealing with tax professionals other than H&R Block tax return preparers and she had no compellingly obvious reason to further the enquiries noted above that she already had made and or had been advised of. [...] With respect to the latter she would have known in any event that her signature represented truthfulness of content, although through the unscrupulous person(s) with whom she was dealing this turned out not to be so. [...] [45] Second, in closing argument Respondent’s counsel Ms. Gallant fairly stated that having heard the Appellant’s testimony including in her own cross-examination of her, the Respondent now accepted that the Appellant had not known that she actually was signing a fictitious claim for a substantial business loss.
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8,044.
Canadian National Railway Company v. Hanjin Shipping Co Ltd - 2017 FC 198 - 2017-02-17
Federal Court Decisionsf) une demande d’indemnisation, fondée sur une convention relative au transport par navire de marchandises couvertes par un connaissement direct ou devant en faire l’objet, pour la perte ou l’avarie de marchandises en cours de route; [...] [29] Section 42 provides that Canadian Maritime Law, as it was before the enactment of the Federal Courts Act, continues, while s 43 deals with this Court’s Admiralty jurisdiction in rem and in personam. [...] As such, it constitutes a statutory recognition of Canadian maritime law as a body of federal law dealing with all claims in respect of maritime and admiralty matters.
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8,045.
Crochetière-Brousseau v. 9107-0234 Québec Inc. (Grattex) - 2015 FC 1219 - 2015-10-29
Federal Court DecisionsFurthermore, for the purposes of completing the work specified in the contract, the applicant was dealing with the respondent’s director of sales, Patrick Staquet. [...] [30] Dealing with the scope of the protection conferred on copyright by the Act, the Supreme Court of Canada recalled again recently in Cinar Corporation v Robinson, 2013 SCC 73, [2013] 3 SCR 1168, that the Act aims to strike “a balance between promoting the public interest in the encouragement and dissemination of works of [...] [42] It is true that the applicant was not paid upon delivery of the work, that a dispute was initiated regarding the scope and the fair value of the work completed and that no compromise could be found.
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8,046.
Blood First Nation v. Canada - 2015 FC 1159 - 2015-10-09
Federal Court DecisionsThe motions were heard together; this Order and Reasons deal with both. [...] Phase III, if necessary, will deal with remedy. [6] The Blood Tribe also seeks an order that, notwithstanding the commencement and completion of Phase I of the trial, the parties shall be entitled, subject to any direction of the case management or trial judge, to: [...] Justice Russell in Sawbridge Band v Canada, [2007] FC 657 at para 38 explains that will say statements “were designed as a procedural tool to ensure fairness, efficiency, preparedness, and to prevent ambush at trial.” While not specifically provided for in the Federal Courts Rules, a judge has authority to order a party to
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8,047.
Kardaras v. The Queen - 2014 TCC 135 - 2014-05-06
Tax Court of Canada JudgmentsThe Minister assumed that the fair market value of the Property at the date of transfer to the Appellant was $334,000 and that there was a mortgage on title not exceeding $295,000, so that net value of the Property was $39,000 and there is no dispute as to those amounts. [...] 2. the transferor and transferee must have been dealing at arm’s length or not have been spouses or common law partners; [...] The Court would have to look to the totality of the financial arrangements between the Appellant and her spouse to determine whether she has claim for greater than 50%, no evidence of which was before the Court and for which similar issues and concerns arise as in the argument for a constructive trust which I will deal with
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8,048.
Auclair c. La Reine - 2013 TCC 188 - 2013-06-17
Tax Court of Canada JudgmentsThe meaning of the term "supply" can vary a great deal depending on the context in which it is used. [...] ... [12] The provisions of the Income Tax Act must be interpreted in order to achieve consistency, predictability and fairness so that taxpayers may manage their affairs intelligently... [...] The appellant claims that the term "supply" found under subsection 8(1)(i)(iii) of the Act is a term whose meaning can vary a great deal, depending on the context in which it is used.
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8,049.
British Columbia Lottery Corporation v. Canada (Attorney General) - 2012 FC 1204 - 2012-10-15
Federal Court Decisions(iii) establishing an agency that is responsible for dealing with reported and other information; [...] of Part 3 of the Act, and what was prepared by FINTRAC from information referred to in ss. 55(1)(b) of the Act. It is information relating to the manner in which BCLC records, monitors or otherwise deals with financial transactions in which money laundering and terrorist financing activities may be detected and reported. [...] (ii) 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.
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8,050.
Dhaliwal v. The Queen - 2012 TCC 84 - 2012-03-16
Tax Court of Canada JudgmentsThis was a handshake deal at that stage. After a series of advances over a period of months, none of which had yet been repaid, Mr. Dhaliwal became very concerned in July 2005 when a supplier refused to deliver on a job because he was unpaid. [...] (ii) to a person with whom the taxpayer was dealing at arm’s length 39. (1) Sens de gain en capital et de perte en capital [et des pertes au titre d’un placement d’entreprise] — Pour l’application de la présente loi : [...] (C) the fair market value of the share is nil, and (D) it is reasonable to expect that the corporation will be dissolved or wound up and will not commence to carry on business