11,312 result(s)
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8,126.
Cotirta v. Missinnipi Airways - 2012 FC 1262 - 2012-10-30
Federal Court DecisionsThe applicant’s lengthy motion record contains, in his own words, reasons and evidence he believes he was unjustly dismissed and was not afforded a fair and objective treatment during the adjudication process. [...] In recognition of this, and to facilitate access to the judicial system for self represented litigants, the Court has made substantial information available on its website to assist self represented litigants to understand, and to deal with, a broad range of procedural matters.
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8,127.
Su v. Canada (Citizenship and Immigration) - 2012 FC 586 - 2012-05-15
Federal Court Decisions“This situation is fairly widespread among all the house churches I have dealings with,” Tang said.
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8,128.
Haque v. Canada (Citizenship and Immigration) - 2011 FC 315 - 2011-03-16
Federal Court Decisions[6] Section 40 of the IRPA deals with inadmissibility due to misrepresentation. [...] a) directement ou indirectement, faire une présentation erronée sur un fait important quant à un objet pertinent, ou une réticence sur ce fait, ce qui entraîne ou risque d’entraîner une erreur dans l’application de la présente loi;
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8,129.
Reddy v. The Queen - 2011 TCC 161 - 2011-03-11
Tax Court of Canada Judgments[4] The question in this motion comes down to whether the questions, as formulated, are fair. [...] Here counsel is trying to require the examinee to deal with 37, and in the GST cases, 33 questions rolled into one.
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8,130.
Baradaran v. Canada (National Revenue) - 2010 FCA 331 - 2010-12-02
Federal Court of Appeal DecisionsThis Court can intervene only if it can fairly determine that Justice Woods could not reasonably have found the facts as she did based on the evidence presented to her. [...] Before dealing with the submissions made by the appellants, I note that Justice Woods relied to a significant extent on a written contract between the parties, apparently written without legal assistance.
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8,131.
Loera Martinez v. Canada (Citizenship and Immigration) - 2010 FC 866 - 2010-09-02
Federal Court Decisions[4] The principal applicant, his wife, and his nine year old son, fled separately to Canada claiming fear of persecution after having allegedly been assaulted by military officers present in their area as a part of the Mexican government’s efforts to deal with the growing problem of drugs in their country. [...] S’il ne peut le faire, il en donne la raison et indique quelles mesures il a prises pour s’en procurer.
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8,132.
Johnson v. Canada (Citizenship and Immigration) - 2010 FC 311 - 2010-03-18
Federal Court DecisionsHowever, I agree with the respondent that the report does not deal with the applicants’ ability to access state protection in Costa Rica. [...] However, a fair reading of what the Officer did is more important and in that regard, the Officer exhibited being alert, alive and sensitive to the interests of the child.
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8,133.
Canada (Citizenship and Immigration) v. Habimana - 2010 FC 17 - 2010-01-06
Federal Court DecisionsThe panel [was] of the opinion that the situation would be aggravated due to the fact that the claimant is a Hutu dealing with a repressive Tutsi political regime.” For that reason, “it is not unreasonable to think that the claimant would be persecuted for what the state alleges is his political opinion. [...] * * * * * * * * [11] The Minister contends that the panel did not conduct its decision-making process properly and thus violated the requirements of procedural fairness, by stating inadequate reasons and issuing a decision that was incoherent, unintelligible and not based on the evidence.
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8,134.
Villanueva Cruz v. Canada (Citizenship and Immigration) - 2008 FC 1341 - 2008-12-01
Federal Court DecisionsThis Court has consistently held, including in cases dealing with narcotics-related offences, that the mere fact of conviction on one or more criminal offences does not itself support a determination that a person is, may be, or is likely to pose a danger to the public, although some offences by their nature may be of a [...] Rather, in forming an opinion as to whether an individual constitutes a danger to the public, natural justice and procedural fairness require the Minister to take into account all of the relevant and particular circumstances of each case, and the circumstances of each case must, over and above the conviction, indicate a
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8,135.
Chen v. Canada (Citizenship and Immigration) - 2008 FC 1168 - 2008-10-15
Federal Court Decisions[10] The standard of correctness applies to questions of law, of procedural fairness and natural justice, while the standard of reasonableness applies to assessments of facts or mixed facts and law. [...] Justice Teitlebaum in two recent decisions had to deal with both situations.
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8,136.
Goodtrack v. LeCaine - 2008 FC 771 - 2008-06-20
Federal Court Decisions[16] The leading case dealing with band custom is Bigstone v. Big Eagle, 52 F.T.R. 109, [1992] F.C.J. No. 16 (QL). [...] [19] It is fair to say that on the one hand an absolute majority of the band supported the 2005 Election Act, and not a single band member voted against it.
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8,137.
Ngo v. Canada (Citizenship and Immigration) - 2007 FC 1343 - 2007-12-20
Federal Court DecisionsThese reasons deal with these two issues. [5] I preface these reasons by observing that this is the second time that the Court has set aside a negative decision regarding Ms. Ngo’s application for permanent residence. [...] I accept, without hesitation, counsel for the Minister’s assurance that a qualified and fair officer will be found to make the decision.
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8,138.
B-Filer Inc. v. Bank of Nova Scotia - 2007 FCA 409 - 2007-12-19
Federal Court of Appeal Decisions[2] The respondent was awarded costs in the amount of $887,049.62 by the Competition Tribunal at the conclusion of a proceeding during which it successfully countered an allegation that it refused to deal with the appellants contrary to subsection 75(1) of the Competition Act, R.S.C. 1985, c. C-34. [...] b) le demandeur est une personne morale ou une association sans personnalité morale ou n’est demandeur que de nom et il y a lieu de croire qu’il ne détient pas au Canada des actifs suffisants pour payer les dépens advenant qu’il lui soit ordonné de le faire;
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8,139.
Premier Career Management Group Corp. v. M.N.R. - 2007 TCC 264 - 2007-05-18
Tax Court of Canada JudgmentsHowever, the office had no direction on how to close, how to service clients, how to deal with suppliers, vendors, what would happen with payroll etc.. [...] As such, I received funds and I simply felt it fair that Mr. Lopushinsky share in the transaction.
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8,140.
McIvor v. Canada (Attorney General) - 2006 FC 1187 - 2006-10-05
Federal Court DecisionsAnother fundamental problem for the Applicants will be that their principle complaint is that the order in council was passed by the Governor in Council without according them adequate fairness in procedure. [...] The Applicants placed a great deal of reliance on a decision of this Court in Gull Bay First Nation v. Canada (Attorney General), [2005] F.C.J. No. 1332, a decision rendered by Justice François Lemieux on August 10, 2005 in which he granted an interlocutory injunction in somewhat similar circumstances, halting an election
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8,141.
Bergman v. Canada (Minister of Citizenship and Immigration) - 2006 FC 1082 - 2006-09-11
Federal Court Decisions[5] A fair description of what took place here is that the Applicants’ representatives have been derelict in handling this matter over the past six months. [...] The Applicants’ reliance on the Federal Court of Appeal decision in Grewal v. Canada (Minister of Employment and Immigration), [1985] 2 F.C. 263; 63 N.R. 106 dealing with the Court’s discretion to extend time is, therefore, inapt.
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8,142.
Abdo v. Canada (Minister of Citizenship and Immigration) - 2006 FC 533 - 2006-04-28
Federal Court DecisionsHis evidence was that the official said that he could return home and apply for his wife's visa from there or enter Canada now and try to deal with the issue here. [...] In fairness to the Respondent, it is appropriate to grant the Respondent's request that I certify the same question as certified in Tauseef.
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8,143.
Hossain v. Canada (Minister of Citizenship and Immigration) - 2006 FC 475 - 2006-04-11
Federal Court Decisions[3] On January 27, 2005, the visa officer wrote to Mr. Hossain what is commonly referred to as a "fairness letter" in which he advised him of the result of the medical examination and that it was found that his condition "would or might reasonably be expected to place excessive demand on health or social services in Canada, [...] Although the Court was not dealing with health services per se in that matter, it would still be relevant to consider its reasoning.
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8,144.
Toutov v. The Queen - 2006 TCC 187 - 2006-03-28
Tax Court of Canada JudgmentsIt is I think a fair conclusion on the evidence that his office in Kingstonis an extension of Oracle's place of business and Mr. Toutov's principal place of employment. [...] [8] I do not propose to deal with the English authorities because the legislation is somewhat different and in any event I am in full agreement with the reasoning of Justice Margeson which I consider to be dispositive of the issue.
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8,145.
Canada (Citizenship and Immigration) v. Ndamama - 2006 FC 360 - 2006-03-20
Federal Court DecisionsHe was primarily responsible for the Embassy’s financial administration and files dealing with the European Union’s development assistance to Burundi. [...] [23] Although the principle of procedural fairness indeed requires detailed reasons and analysis when the tribunal finds that a claimant’s allegations are not credible, the same cannot necessarily be said when the allegations are found to be credible, since there is a presumption of credibility (Maldonado v. Canada
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8,146.
Sukhu v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1662 - 2005-12-07
Federal Court DecisionsI am unable to consider this evidence because it was not before the Officer and is not otherwise admissible as establishing some defect in jurisdiction or an issue of procedural fairness. [...] [12] In the result, I do not consider that the Officer's failure to deal more fully with the affidavits constituted a material error.
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8,147.
Alpha Marathon Technologies Inc. v. Dual Spiral Systems Inc. - 2005 FC 1582 - 2005-11-23
Federal Court Decisions120. Une personne morale, une société de personnes ou une association sans personnalité morale se fait représenter par un avocat dans toute instance, à moins que la Cour, à cause de circonstances particulières, ne l'autorise à se faire représenter par un de ses dirigeants, associés ou membres, selon le cas. [...] The consequences to the Plaintiff of having to deal with a self-represented litigant could have been serious and the Plaintiff acted prudently in its opposition to the motion.
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8,148.
Mbongo v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1474 - 2005-10-31
Federal Court Decisions2. The lack of evidence concerning the identity of the main applicant is sufficient to deal with the application for judicial review. [...] S'il ne peut le faire, il en donne la raison et indique quelles mesures il a prises pour s'en procurer.
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8,149.
Obeahon v. Canada (Attorney General) - 2005 FCA 232 - 2005-06-17
Federal Court of Appeal DecisionsOne order dismissed with costs (fixed at $200) Mr. Obeahon's application for an extension of time to file an application for judicial review of a decision made by the Canadian Human Rights Commission not to deal with his complaint against Canada Post. [...] (3) La Cour peut, sur requête du procureur général du Canada, si elle est convaincue que celui-ci est incapable d'agir à titre de défendeur ou n'est pas disposé à le faire après avoir été ainsi désigné conformément au paragraphe (2), désigner en remplacement une autre personne ou entité, y compris l'office fédéral visé par
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8,150.
Northwestel Mobility Inc. v. Robertson - 2004 FC 1311 - 2004-09-27
Federal Court Decisions[4] In dealing with the matter of costs, he wrote as follows: "The Complainant was unfairly dismissed and has suffered as a result of that unjust dismissal. [...] In doing so, he exercised his discretion having regard to both his enabling legislation, specifically paragraph 242(4)(c), as well as the common law principles with respect to unjust dismissal in order to achieve the objective of the legislation; namely, to fairly and equitably compensate the respondent for his unjust