11,312 result(s)
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8,151.
Ghanaseharan v. Canada (Minister of Citizenship and Immigration) - 2004 FCA 261 - 2004-07-13
Federal Court of Appeal DecisionsI shall deal briefly with each. (a) disruption to the family [13] The removal of persons who have remained in Canada without status will always disrupt the lives that they have succeeded in building here. [...] This is not simply a question of administrative convenience, but implicates the integrity and fairness of, and public confidence in, Canada's system of immigration control.
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8,152.
Ambulances B.G.R. Inc. v. The Queen - 2004 TCC 168 - 2004-04-15
Tax Court of Canada Judgments[11] I wish to stress that Roger Fontaine and his two children testified with a great deal of conviction and emotion. [...] (iv) the bonuses were expected and deserved compensation for their outstanding contribution during the previous years, which had not been remunerated at fair value.
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8,153.
Bouchard v. M.N.R. - 2003 TCC 765 - 2003-11-18
Tax Court of Canada Judgments[12] In his testimony, François Gagnon indicated that the Appellant helped him fairly often in his absence because he was not always there. [...] [16] The process by which it is determined whether employment meets the requirements of a contract of service places a great deal of importance on the criterion of control.
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8,154.
Vollant v. Canada (Canadian Human Rights Commission) - 2003 FCT 799 - 2003-06-27
Federal Court Decisions[10] The issue of bias on the part of the Tribunal is a question of law and fact, which is a matter for this Court because it deals with the conduct of the Tribunal and not its decision. [...] Would he think that it is more likely than not that . . . , whether consciously or unconsciously, would not decide fairly.
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8,155.
Lee v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 1266 - 2002-12-06
Federal Court DecisionsSecond, the Court must review a negative assessment of credibility made by the CRDD. The standard used by this Court when dealings with findings of credibility by the CRDD is patent unreasonableness, see Aguebor v. Minister of Employment and Immigration (1993), 160 N.R. 315 (F.C.A.). [...] While expert testimony might not be considered practicable or necessary in some cases, in my opinion it is, nevertheless, incumbent on panel members to exhibit the knowledge required, and to apply it in an understanding and sensitive manner when deciding domestic violence issues in order to provide a fair result and avoid
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8,156.
Chen v. Canada (Citizenship and Immigration) - 2002 FCT 1194 - 2002-11-19
Federal Court DecisionsBefore a credibility finding of the Board is set aside (and before leave is granted for an application with respect to a credibility finding), one of the following criteria must be established (or fairly arguable in the case of the leave application): [...] When the panel member pointed out he was responsible for dealing with the lawyer, the applicant stated he had shown the lawyer his passport a couple days before to show he had been to China.
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8,157.
Kameli v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 772 - 2002-07-11
Federal Court Decisions• [13] In Yang v. Canada (Minister of Employment and Immigration), [1989] F.C.J. No. 218, A.C.J. Jerome was dealing with the self-employed provisions of the Act, in the case before him, a self-employed musician. [...] Accordingly, there has been a fundamental breach of the duty of fairness to this applicant which is sufficient to warrant the relief sought.
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8,158.
Sound v. Swan River First Nation - 2002 FCT 602 - 2002-05-27
Federal Court Decisions[10] The Committee refused to exclude the respondent Leon Chalifoux, and by letter dated March 26, 2002, advised the applicant that the respondent Robert Sound's appeal against his election was upheld pursuant to those provisions of the Regulations dealing with "corrupt election practices" and that a by-election was to be [...] Given the seriousness of the matter before the Committee, and which process ultimately led to the applicant being removed from elected office, it would appear to me that the applicant has raised a serious issue to be tried by arguing that the Committee denied him natural justice and procedural fairness by preventing him
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8,159.
Gayle v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 335 - 2002-03-25
Federal Court Decisions[10] While Ms. Gayle raised a number of issues with respect to the decision, I have only found it necessary to consider one issue: whether the Operations Manager failed to act fairly in the exercise of her discretion when she caused the bonds to be forfeited and realized? [...] [23] Counsel for the Minister argued that the Operations Manager's reasons need not deal with every issue, but rather must explain the officer's conclusions on the issues that were of central importance.
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8,160.
Voslaev v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 928 - 2001-08-21
Federal Court Decisions[6] In the plaintiff's submission, at the hearing of April 27, 2000 the tribunal told his counsel that Exhibit R-18, dealing with his birth certificate, indicating his mother's Jewish nationality and his father's Tartar nationality, was insufficient to establish his Jewish nationality. [...] 15. The failure to issue a summons for reopening the hearing and give the claimant an opportunity to prepare for the hearing properly was a clear infringement of the right to a full and fair hearing.
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8,161.
Wang v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 590 - 2001-06-06
Federal Court DecisionsThe hearing was adjourned and resumed on May 10, 2000 in order for the Board to continue to examine the religious basis of his claim but primarily to deal with the issue of identity and pursue a section 1(E) exclusion issue. [...] Accordingly, the Board breached the applicant's right to a fair hearing and his rights to fundamental justice when it rendered a decision under such restraints and by taking into consideration irrelevant considerations.
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8,162.
Syncrhronics Ltd. v. Synchronics Inc. - 2001 FCA 172 - 2001-05-31
Federal Court of Appeal DecisionsUne 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 Court, à cause de circonstances particulières, ne l'autorise à se fair représenter par une de ses dirigeants, associés ou membres, celon le cas. [...] There may well be merit to this argument, but as the response was in fact accepted for filing before Synchronics, Incorporated challenged the correctness of doing so, I have read the response and taken it into consideration in dealing with the motion to quash the appeal.
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8,163.
Ahmed v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 237 - 2001-03-23
Federal Court DecisionsAs the applicant chose not to rely on this issue in the proceeding before this Court, I need not deal with this matter of procedural fairness.
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8,164.
Farooqui v. Canada (Minister of Citizenship and Immigration) - 2000-05-26
Federal Court Decisions(ii) PRESENTLY WORKING AT INTEGRATED DEVICES PVT. LTD. MANUFACTURER AND DESIRE [SIC] OF EPABX INCLUDING COMPUTER DEALS ALSO, AS AN [SIC] CHIEF EXECUTIVE ENGINEER. PRESENTLY HANDLING, MAINTENANCE, [I]NSTALLATION AND COMMISSIONING OF EPABX, UPS, TELEX TERMINAL (COMPUTER MODELS). [...] [14] I accept the submission of counsel for the respondent that the visa officer was entitled to give greater weight to certain duties contained in the NOC description and to conclude on a fair, broad, reading of the whole of the position description that an individual with experience in maintaining, installing and
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8,165.
Canada Post Corp. v. Public Service Alliance of Canada - 1999-03-19
Federal Court DecisionsIt also ruled that the question of whether the applicant could be afforded a fair hearing in accordance with fundamental justice before an unbiased and institutionally independent Tribunal by the Tribunal, which is bound by Guidelines issued by a party in interest before it, would not be resolved until the Tribunal had [...] ...should be distinguished because it fails entirely to deal with fundamental arguments relating to the intrinsic nature of a request for production of documents pursuant to Rule 317 and the exceptional circumstances of the present case;[2]
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8,166.
Desrochers v. Bombardier Inc. - 1999-03-19
Federal Court DecisionsBoth parties are entitled to fair notice of the case which they are bound to meet so that they may procure evidence relevant to the issues disclosed by the pleadings . . . [...] Section 181(2) of the Rules, the subsection that deals specifically with the motion under review, mentions the possibility of filing "further and better particulars of any allegation".
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8,167.
Union of Nova Scotia Indians v. Maritimes and Northeast Pipeline Management Ltd. - 1999-02-22
Federal Court of Appeal Decisionsd'une ordonnance d'un office fédéral, rendue à tout stade des procédures, cette décision ou cette ordonnance ne peut, dans la mesure où elle est susceptible d'un tel appel, faire l'objet de contrôle, de restriction, de prohibition, d'évocation, d'annulation ni d'aucune autre intervention, sauf en conformité avec cette loi. [...] We are dealing, in the case at bar, not with a restriction to a right of appeal caused by legislative drafting, although one exists, but with a situation where because the applicant lacked status as a party before the CRTC, no possible redress would be available to it if judicial review is foreclosed.
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8,168.
Lebel v. The Queen - 1998-10-22
Tax Court of Canada Judgments(iv) the appellant's wife was not dealing with him at arm's length; (v) the appellant's annual work period went from April 1 to September 30; [...] The appellant explained that such accounting was necessary to ensure that the division was fair; one of the persons receiving a share was entitled to a 10 percent commission, which he could not be entirely paid in fish.
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8,169.
Nutron Manufacturing Ltd. v. Almecon Industries Ltd. - 1997-02-06
Federal Court of Appeal DecisionsWe will not attempt to deal specifically with points raised which we do not consider to warrant comment other than to indicate that we are not persuaded by them. [...] We cannot say that he erred in law in going to the disclosures for further clarification as to whether both the body and the elongated members would contribute to the axial stability; a fair reading of the claim would be ensured in that way.1 There was possible ambiguity at least in the words "said members" and "axial
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8,170.
Berhad v. Canada - 2003 FC 992 - 2003-08-20
Federal Court Decisions[42] Rather than deal specifically with each of the many authorities presented by the Crown in support of their position, many of which are either British or, in one case, an American textbook dealing with certification of aircraft in the United States, it is more productive to deal with issue of duty of care on the basis [...] Essentially, these are factors that allow us to evaluate the closeness of the relationship between the plaintiff and the defendant and to determine whether it is just and fair having regard to that relationship to impose a duty of care in law upon the defendant. [...] I will deal only with two of them, being the economic loss argument and an alternate remedy argument.
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8,171.
Collins v. The Queen - 1998-05-14
Tax Court of Canada JudgmentsHe explained it was difficult to deal with a non-compliant student and attempted to discover ways to allow Nicholas some flexibility. [...] "At the Fraser Academy, the emphasis is on treating and dealing with the whole child. [...] 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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8,172.
Dominion Investments (Nassau) Ltd. v. Canada - 2005 FC 1397 - 2005-10-13
Federal Court DecisionsIn such an instance, the application of Driedger's principle gives rise to what was described in ... as "the principle of interpretation that presumes a harmony, coherence, and consistency between statutes dealing with the same subject matter". [...] Il peut en faire de même pour les personnes qu'il entend en application de l'alinéa 38.04(5)d). [...] Il peut en faire de même pour les personnes qu'il entend en application de l'alinéa 38.04(5)d).
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8,173.
Dragona Carpet Supplies Mississauga Inc. v. Dragona Carpet Supplies Ltd. - 2022 FC 1042 - 2022-07-14
Federal Court Decisions• the issues can be fairly understood on the current evidentiary record; [...] [119] Subsection 50(1) of the Trademarks Act deals with the licensing of trademarks. [...] [133] However, it is clear from the record that Talal and Nizar and the Dragona Businesses had significant dealings.
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8,174.
Parke Davis Division Warner Lambert Canada Inc. v. Canada (Minister Of Health) - 2001 FCT 931 - 2001-08-22
Federal Court Decisionsb) si l'allégation est faire aux termes de l'un des sous-alinéas (1)b)(i) à (iii), signifier un avis de l'allégation à la première personne; [...] It further follows that a NOA is not vitiated on the ground that it does not deal with every patent on the Patent List. [...] [89] In the United States, Title 35 of the United States Code deals with patents and section 253 governs disclaimer of patents.
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8,175.
Great Lakes United v. Canada (Environment) - 2009 FC 408 - 2009-04-23
Federal Court Decisions(o) apply and enforce this Act in a fair, predictable and consistent manner. [...] (o) apply and enforce this Act in a fair, predictable and consistent manner. [...] e. Apply and enforce CEPA in a fair, predictable and consistent manner.