11,312 result(s)
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8,176.
Canada (Attorney General) v. Al Jabri - 2023 FC 1338 - 2023-10-06
Federal Court Decisions[34] Sakab submits that once counsel for Al Jabri stated that the proffer was the document subject to the second Section 38 CEA Notice, Sakab focussed on the lack of jurisdiction to deal with the proffer pursuant to Section 38. [...] Al Jabri argues that the Court directly addressed and determined the fairness issue in Sakab #1. [...] The AGC notes the role of the AGC as an officer of the Court and that of the amicus in ensuring a fair process.
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8,177.
Communities and Coal Society v. Canada (Attorney General) - 2018 FC 35 - 2018-01-15
Federal Court Decisions[19] The Port Authority does not rely on the Blair affidavit of March 1, 2016, so I need not deal with that objection. [...] V. Issue Three – Were the Port Authority’s decisions made fairly and lawfully? [...] 5. Sauf autorisation sous le régime du présent règlement, il est interdit de faire, ou de permettre de faire, par action ou omission, quoi que ce soit dans un port qui entraîne, ou est susceptible d’entraîner, l’une des conséquences suivantes :
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8,178.
Bellefeuille v. Canada (Public Safety and Emergency Preparedness) - 2009 FC 663 - 2009-06-25
Federal Court Decisions(iii) establishing an agency that is responsible for dealing with reported and other information; [...] du paragraphe 12(1) se trouvent parmi des bagages et n’ont pas été déclarés conformément à ce paragraphe, fouiller les bagages, examiner toute chose qui s’y trouve et en ouvrir ou faire ouvrir tous colis ou contenants, et faire conduire les bagages à un bureau de douane ou à tout autre lieu indiqué pour ces opérations. [...] (3) L’agent peut faire ouvrir en sa présence un envoi pesant au plus trente grammes par le destinataire, l’expéditeur ou la personne autorisée par ce dernier.
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8,179.
Berenguer v. SATA Internacional – Azores Airlines, S.A. - 2021 FC 394 - 2021-05-03
Federal Court DecisionsI will therefore defer dealing with the Plaintiff’s objection at this time. [...] As I read Quebec North Shore, the implication is that the claimant’s cause of action, or the right to seek relief, must be created or recognized by a federal statute, a federal regulation or a rule of the common law dealing with a subject matter of federal legislative competence. [...] [112] It follows that the Plaintiff bears the burden of proving that (1) that a class proceeding would be a fair, efficient and manageable method of advancing the claim, and (2) that it would be preferable to any other reasonably available means of resolving the class members’ claims.
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8,180.
Canada v. Cheema - 2018 FCA 45 - 2018-02-27
Federal Court of Appeal DecisionsLa livraison du bien ou la prestation du service aux termes de la convention est réputée faire partie de la fourniture et ne pas constituer une fourniture distincte. [...] An agent acts for, and on behalf of, his principal and subject to his control; a trustee as such is not subject to the control of his beneficiary, although he is un-der a duty to deal with the trust property for the latter's benefit in accordance with the terms of the trust, and can be compelled by the beneficiary to [...] [109] It must be recalled that we are dealing with a self-assessment system comprised of millions of tax returns verified through audits.
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8,181.
Nintendo of America Inc. v. King - 2017 FC 246 - 2017-03-01
Federal Court Decisionstest for establishing secondary infringement: (1) the copy must be the product of primary infringement; (2) the secondary infringer must have known or should have known that he or she is dealing with a product of infringement; and (3) the secondary dealing must be established within one of the enumerated acts in s. 27(2). [...] c) permettre aux entreprises, aux enseignants et aux bibliothèques de faire un plus grand usage de matériel protégé par le droit d’auteur sous forme numérique; [...] [...] Whereas the Copyright Act is an important marketplace framework law and cultural policy instrument that, through clear, predictable and fair rules, supports creativity and innovation and affects many sectors of the knowledge economy;
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8,182.
Carr v. Canada - 2009 FC 576 - 2009-06-02
Federal Court DecisionsThe Plaintiff was awarded $12,000 for pain and suffering and for damages as he continues to deal with symptoms of PTSD. [...] [60] The Crown concludes by stating that the CSC’s way of dealing with the telephone area was reasonable and effective. [...] Is that fair? A: Yes. At page 74 of the transcript the following is documented:
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8,183.
Mahjoub v. Canada (Citizenship and Immigration) - 2007 FC 1366 - 2007-12-24
Federal Court DecisionsHe has no authority to intercede on the applicant’s behalf and CBSA officials are under no obligation to deal with him. [...] It does not entitle him to obtain information from CBSA of a private nature or to question officials about their dealings with Mr. Mahjoub. [...] As this relates also to requests made by the respondents, I will deal with it in the next section.
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8,184.
Canada (Citizenship and Immigration) v. Jaballah - 2006 FC 115 - 2006-02-01
Federal Court DecisionsAct. Yet all were in support of the Court's authority to deal with the application for release from detention in this case where the Court is urged to grant relief under s-s. 24(1) of the Charter, or under s-s. 52(1) of the Constitution Act, 1982, on the ground that rights guaranteed by the Charter have been infringed. [...] [71] While much time has elapsed since this security certificate proceeding began, that time has been required, in essence to ensure fairness in proceedings, mainly initiated by Mr. Jaballah, as is his right. [...] [86] In view of my determination to grant a constitutional exemption to Mr. Jaballah from continuing detention under s-s. 82(2) of IRPA unless there be a review of the detention and an order for its continuance by a judge, there is no necessity to deal with the alternative issue raised on his behalf, that is that the
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8,185.
Molson Canada v. Anheuser-Busch Inc. - 2003 FC 1287 - 2003-11-05
Federal Court DecisionsIt is submitted that the Registrar simply failed to deal with the issue of non-distinctiveness and that this constitutes an error in law. [...] References were made to the testimony of Mr. Meyer which deals with the sale of items with the trade-mark "Michelob" and not "Michelob Golden Draft". [...] Given the large number of marks disclosed by the search results, I would expect that a fair number of the marks would be in use and that consumers would therefore be able to distinguish such marks in the marketplace.
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8,186.
Francis v. Mohawk Council of Kanesatake - 2003 FCT 115 - 2003-01-31
Federal Court DecisionsThe respondents assert that in Bigstone, supra, the band council was exercising a power conferred under the Act in respect of the management of the native lands and funds rather than dealing with the election process and therefore, it should be distinguished from the case at bar. [...] [72] Fair play and impartiality are vital to the democratic process the Band members chose to adopt in 1991 when they opted for an elective system. [...] The systematic recourse by Council in past elections to independent agencies ensured that all electors (residents and non-residents) and candidates were not discriminated against and were treated fairly.
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8,187.
Tancos v. Canada (Public Safety and Emergency Preparedness) - 2024 FC 7 - 2024-01-02
Federal Court DecisionsAdditionally, the Applicants submit that the evidence regarding alleged criminality was tainted and improperly obtained, thus breaching procedural fairness and their privacy and constitutional rights. [...] [13] Both documents indicate that, in addition to the above charges, the Principal Applicant was sentenced on December 14, 2009, to three years’ imprisonment for illicit manufacturing and dealing with psychotropic substances and poisons pursuant to Section 238(I) of the Czech Criminal Code, having completed his sentence on [...] [25] Finally, I find that the procedural fairness, privacy, and constitutional issues are not properly before the Court.
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8,188.
Enns v. The King - 2023 TCC 28 - 2023-03-08
Tax Court of Canada Judgments[4] Accordingly, some time following Mr. Enns’ death the $102,789.52 fair market value of the subject RRSP was paid out to Mrs. Enns. [...] 12. The provisions of the Income Tax Act must be interpreted in order to achieve consistency, predictability and fairness so that taxpayers can manage their affairs intelligently.... [...] [15] Then turning to the contextual component of the Canada Trustco analysis, the Court identified four provisions in the Act, dealing with death, that employed the term “spouse” as being inclusive of a deceased’s spouse at time of death, i.e. as in the aforesaid colloquial sense.
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8,189.
Wood v. Canada (Attorney General) - 2022 FC 1504 - 2022-11-04
Federal Court DecisionsThe VRAB has exclusive jurisdiction to hear, determine and deal with all applications for review under the Pension Act, and all matters relating to those applications: VRAB Act, s 18. [...] The principle that the individual or individuals affected by a decision should have the opportunity to present their case fully and fairly underlies the duty of procedural fairness and is rooted in the right to be hard: Baker, at para. 28.
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8,190.
Kalirasah v. Canada (Citizenship and Immigration) - 2022 FC 158 - 2022-02-08
Federal Court DecisionsThe same applies to the issue regarding whether the PRRA officer breached procedural fairness by not holding an oral hearing to allow Mr. Kalirasah to address the PRRA officer’s credibility concerns relating to his identity documents. [...] [25] On a final note, I do not see where the PRRA officer may have breached procedural fairness in not allowing an oral hearing to deal with any credibility concerns regarding Mr. Kalirasah’s risk in returning to Sri Lanka.
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8,191.
Kallis v. The Queen - 2021 TCC 58 - 2021-09-01
Tax Court of Canada JudgmentsTo balance the interests of expediency and fairness, I allowed the appellant to give the impugned testimony without ruling on its admissibility and granted the parties time to file written submissions afterwards. [...] [6] The impugned testimony deals with: (1) loans not already described in the respondent’s Reply, and (2) potential borrowers. [...] [28] The evidence excluded by my section 98 ruling consisted of fairly non-specific oral testimony and would not have affected my conclusion.
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8,192.
Singh v. Canada (Citizenship and Immigration) - 2021 FC 93 - 2021-01-27
Federal Court DecisionsThe Respondent contends it would be prejudiced if this matter proceeds given that the visa officer who handled this case deals with hundreds of such requests in a year and must rely upon his or her notes. [...] There is no merit to the claim of a breach of the principles of procedural fairness and the decision meets the test of reasonableness as set out in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, 441 D.L.R. (4th) 1 and Dunsmuir v. New Brunswick, 2008 SCC 9, [2008] 1 S.C.R. 190. [...] 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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8,193.
Shea v. Canada (Attorney General) - 2021 FC 54 - 2021-01-14
Federal Court Decisions[3] Below, I deal first with preliminary evidentiary issues, followed by a summary of the parties’ evidence. [...] [15] The relief decision further indicates that if Mr. Shea believed the decision was not fair and reasonable, he could request a second independent review by another official. [...] The Guidelines describe the overarching purpose of the ITA is to enable the CRA to administer the income tax system fairly and reasonably.
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8,194.
Canadian National Railway Company v. Louis Dreyfus Commodities Canada Ltd. - 2019 FCA 9 - 2019-01-17
Federal Court of Appeal DecisionsThe judge then considered preliminary arguments advanced by LDC, including res judicata, abuse of process and collateral attack, but elected to deal with CN’s jurisdictional defence on the merits. [...] • Respect for the finality of a judicial or administrative decision increases fairness and the integrity of the courts, administrative tribunals and the administration of justice; on the other hand, relitigation of issues that have been previously decided in an appropriate forum may undermine confidence in this fairness and
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8,195.
C.C. Jentsch Cellars Inc. v. O'rourke Family Vineyards Ltd. - 2018 FC 875 - 2018-08-30
Federal Court DecisionsIn response to the Respondents’ argument that the documents sought are needed to quantify the claim for damages, Prothonotary Aalto was advised by the Applicant that it is not seeking damages for lost profits, and in any event Prothonotary Aalto found that the hearings judge is in the best position to deal with that issue [...] There have been no steps taken by the Applicant which militate against the Respondents’ right to fully and fairly defend the Application; [...] [45] I have carefully considered the Applicant’s draft bill of costs and in the circumstances find they are generally fair and reasonable, given the Respondents’ conduct on those motions.
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8,196.
Chen v. Canada (Public Safety and Emergency Preparedness) - 2018 FC 477 - 2018-05-04
Federal Court DecisionsAs the Applicants did not raise any issues with respect to procedural fairness, the only issue to be determined in this application for judicial review is whether the Enforcement Action establishing the terms of the release of the ring is unreasonable. [...] I will deal with the three grounds together as they are interrelated. [...] A process that results in an individual’s mandatory referral to secondary examination upon entry into Canada, based on a prior contravention by that individual of program legislation which CBSA administers, does not trigger procedural fairness obligations on the part of CBSA.
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8,197.
Conseil des Innus de Pessamit v. Bellefleur - 2017 FC 1016 - 2017-11-08
Federal Court Decisions[20] However, the issues of procedural fairness and bias are reviewable on the correctness standard: Canada (Citizenship and Immigration) v Khosa, 2009 SCC 12 at para 43. [...] Would he think that it is more likely than not that [the decision-maker], whether consciously or unconsciously, would not decide fairly.” (See Yukon Francophone School Board, Education Area #23 v Yukon (Attorney General), 2015 SCC 25 at para 20, citing Committee for Justice and Liberty v National Energy Board, [1978] 1 SCR [...] [28] With respect to the exclusion of certain documents and issues, it is not necessary for me to deal with this issue in the context of allegations of bias.
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8,198.
Marin v. Canada (Citizenship and Immigration) - 2016 FC 847 - 2016-07-20
Federal Court DecisionsIndeed the hearing audio recording has four hours and twenty-seven minutes of questions to the appellant, mostly posed by the RPD and mostly dealing with the subjective fear issues listed above. [...] [19] The Applicant contends that the RAD erred in rejecting the new evidence and violated the principles of procedural fairness by failing to provide the Applicant with an opportunity to respond to its concerns. [...] As the Applicant did not pursue the procedural fairness argument during the hearing before me, this argument is not discussed in these reasons.
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8,199.
E.F. v. Canada (Citizenship and Immigration) - 2015 FC 842 - 2015-07-09
Federal Court DecisionsThey also argue that the RAD took into account erroneous and irrelevant considerations and failed to observe principles of natural justice, fundamental fairness or other procedures required by law. [...] This is not to say that evidence cannot in appropriate circumstances be raised to identify a process concern in support of an argument that an applicant has been deprived of procedural fairness (see Association of Universities and Colleges of Canada v Canadian Copyright Licensing Agency (Access Copyright), 2012 FCA 22 at [...] The idea that the RAD may substitute an original decision by a determination that should have been rendered without first assessing the evidence is completely inconsistent with the purpose of the IRPA and the case law dealing with the virtually identical wording of subsection 67(2).
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8,200.
Canada (National Revenue) v. Revcon Oilfield Constructors Incorporated - 2015 FC 524 - 2015-04-23
Federal Court Decisionsof Health, 2008 SCC 44 at para 17 [Blood Tribe], Justice Binnie explained that this power ought to be used sparingly: “Even courts will decline to review solicitor-client documents to adjudicate the existence of privilege unless evidence or argument establishes the necessity of doing so to fairly decide the issue...” [...] [13] In this instance, the Court was not satisfied that it had sufficient evidence or argument to decide the issue fairly. [...] Whether communications are made to the lawyer himself or to employees, and whether they deal with matters of an administrative nature such as financial means or with the actual nature of the legal problem, all information which a person must provide in order to obtain legal advice and which is given in confidence for that