11,312 result(s)
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8,276.
Tricon Television29 Inc. v. Canada (Canadian Heritage) - 2011 FC 435 - 2011-04-07
Federal Court Decisions1. Did CAVCO owe a duty of fairness to Tricon and was that duty breached? [...] Did CAVCO owe a duty of fairness to Tricon and was that duty breached? [...] There was no denial of fairness. The final determination was made under the old guidelines.
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8,277.
Indigo Books & Music Inc. v. C. & J. Clark International Limited - 2010 FC 859 - 2010-08-30
Federal Court Decisions25 The jurisprudence of this Court in matters of trade-mark oppositions under the Act is to the effect the Federal Court does not have jurisdiction to deal with an issue not found in the statement of opposition.... [...] a) soumet au registraire, par voie d’affidavit ou de déclaration solennelle ou conformément à l’article 54 de la Loi, la preuve sur laquelle il s’appuie ou une déclaration énonçant son désir de ne pas le faire; [...] a) soumet au registraire la preuve, par voie d’affidavit ou de déclaration solennelle ou conformément à l’article 54 de la Loi, sur laquelle il s’appuie, ou une déclaration énonçant son désir de ne pas le faire;
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8,278.
Zavalat v. Canada (Citizenship and Immigration) - 2009 FC 1279 - 2009-12-16
Federal Court Decisions2. Did the Board fail to observe principles of natural justice, procedural fairness or other procedures that it was required by law to observe? [...] [20] The Applicant had also raised procedural fairness issues which are reviewed on a standard of correctness. [...] The balance of the Decision dealing with documentation, the medical evidence from both Iran and Canada, and the sister’s failure to testify all relate back in one way or another to the one inconsistency in dates.
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8,279.
Brown c. La Reine - 2005 TCC 563 - 2005-09-09
Tax Court of Canada Judgments"small business corporation", at any particular time, means, subject to subsection 110.6(15), a particular corporation that is a Canadian‑controlled private corporation all or substantially all of the fair market value of the assets of which at that time is attributable to assets that are [...] [49] In his testimony, the Appellant placed a great deal of emphasis on the commencement of the moratorium to explain Sapa's small amount of activity after 1997. [...] I note that the definition of "small business corporation" in subsection 248(1) of the Act imposes the condition that "all or substantially all of the fair market value of the assets of which at that time is attributable to assets that are used principally in an active business carried on . . . by the particular
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8,280.
Bouttavong v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 362 - 2003-03-27
Federal Court Decisions70.(5) Ne peuvent faire appel devant la section d'appel les personnes, visées au paragraphe (1) ou aux alinéas (2)a) ou b), qui, selon la décision d'un arbitre: [...] (2) Il est interdit d'avoir en sa possession, en vue d'en faire le trafic, toute substance inscrite aux annexes I, II, III ou IV. [...] [40] In relation to the second factor of judicial economy, I cannot find any special circumstances that justify the use of scarce judicial resources to deal with the application.
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8,281.
Acoose v. Zagimē Anishinabēk - 2024 FC 741 - 2024-05-22
Federal Court Decisions[31] This Court had to deal with a similar situation in McCallum v Canoe Lake Cree First Nation, 2022 FC 969 [McCallum]. [...] In the end, while Zagimē’s manner of dealing with membership issues may appear curious, it is not unlawful. [...] It is fairly apparent from the record that Zagimē’s use of two lists for different purposes has caused confusion.
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8,282.
China Mobile Communications Group Co., Ltd. v. Canada (Attorney General) - 2023 FCA 202 - 2023-10-05
Federal Court of Appeal Decisions• b)The grounds of review listed in the notice of application, which allege breaches of procedural fairness and deficiencies in the Minister’s actions; [...] The ICA is clear that orders from the Governor in Council are reviewable separately from decisions of the Minister, as shown by the distinct and separate reference to each category of decision in the section of the ICA dealing with the availability of judicial review (section 25.6 of the ICA). [...] 25.3(4) Si, après réception de l’avis prévu au paragraphe (2), l’investisseur non canadien, la personne ou l’unité informe le ministre de son désir de présenter des observations, ce dernier lui accorde la possibilité de le faire en personne ou par l’intermédiaire d’un représentant.
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8,283.
Dumais Estate v. Canada (Indigenous and Northern Affairs) - 2020 FC 25 - 2020-01-09
Federal Court DecisionsHowever, they submit that a statutory grant of jurisdiction can be found under subsection 17(4) or paragraph 17(5)(b) of the Federal Courts Act, RSC 1985, c F-7 [FCA], or both, to deal with the Charter cause of action and associated relief in the default judgment application against Kehewin. [...] [...] (4) Elle a compétence concurrente, en première instance, dans les procédures visant à régler les différends mettant en cause la Couronne à propos d’une obligation réelle ou éventuelle pouvant faire l’objet de demandes contradictoires. [...] [71] I recognize that in construing s. 17, a fair and liberal interpretation is mandated by the Supreme Court of Canada’s decision in Canada (Human Rights Commission) v Canadian Liberty Net, 1998 CanLII 818 (SCC), [1998] 1 SCR 626 [Canadian Liberty Net] at paragraph 34.
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8,284.
Canada v. Toronto-Dominion Bank - 2018 FC 538 - 2018-05-25
Federal Court Decisions“proceeds” means identifiable or traceable personal property in any form derived directly or indirectly from any dealing with collateral or the proceeds therefrom, and includes, [...] [58] The Bank also raised a number of arguments that may be classified as policy or fairness arguments. [...] [64] Moreover, fairness arguments often rely on analogies and comparisons which may be more or less apt.
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8,285.
Barry Group Inc. v. Canada (Fisheries, Oceans and Coast Guard) - 2017 FC 1144 - 2017-12-14
Federal Court DecisionsThere was no breach of procedural fairness; E. There is no remedy available. [...] They take this position because, by the time of the Decision, the Under 65 Fleet had already exceeded its 60% allocation of the TAC as contemplated by the IFMP. They submit that the only decision to be made by DFO on October 14, 2016, was how to deal with the interests of the Over 65 Fleet and whether to allow the [...] [41] In my view, it is fair for the Applicants to characterize the events of October 2016 as having caught DFO by surprise.
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8,286.
Andrew Peller Limited v. M.N.R. - 2015 TCC 329 - 2015-12-16
Tax Court of Canada Judgments[9] The present appeals deal only with the gratuities received by the front-of-the-house employees, that is, the servers and related support staff. [...] In order to distribute tips fairly, the servers were expected to share tips with the entire team. [...] This view is chiefly for administrative purposes and concerns due to the difficulty of dealing with levying premiums on tips that are received personally by employees.
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8,287.
Appleby-Ostroff v. Canada (Attorney General) - 2010 FC 479 - 2010-05-03
Federal Court Decisions[23] Further, the manner that the CTA dealt with the applicant was inconsistent with an employer’s duty of good faith and fair dealing when handling employee terminations. [...] 26 When one examines the statutory scheme as a whole, it is clear that it constitutes a comprehensive scheme for dealing with employment related disputes, whereby Parliament has established an exclusive mechanism of non-adjudicative dispute resolution for grievances which do not involve demotion or termination, or [...] It is drafted in relatively broad terms and in my view, enables a fair degree of flexibility for employers.
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8,288.
Sogi v. Canada (Citizenship and Immigration) - 2007 FC 108 - 2007-02-01
Federal Court DecisionsHowever, the situation in Punjab, where the applicant comes from, has evolved considerably and has improved a great deal since the mid-1990s. The new evidence filed since the decision dated May 11, 2006, cannot in any event lead me to find that the determinations made by the PRRA officer could be considered unreasonable. [...] review application is allowed to become moot on the assumption that if the stay has been refused on the ground that there is no serious issue, then leave will not normally be subsequently granted by the Applications Judge (since it will be difficult in these circumstances to submit that there is a fairly arguable case). [...] I am therefore asked to deal in abstractions with respect to this application for a remedy.
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8,289.
Adobe Systems Inc. v. Klj Computer Solutions Inc. - 1999-04-27
Federal Court DecisionsThis affords the Court the opportunity to ensure that moving party has discharged its obligation to ensure that any order which is obtained is fairly executed. [...] (i) The duty of the applicant is to make "a full and fair disclosure of all the material facts": see R. v. Kensington Income Tax Comrs, ex p Princess Edmond de Polignac [1917] 1 K.B. 486 at 514 per Scrutton L.J. (ii) The material facts are those which it is material for the judge to know in dealing with the application as [...] 467. Q. In dealing with McArthur Thompson, what reason do you have to believe that if Ian Thompson had been notified that someone suspected he had illegal software, that he or anyone in his employ would then destroy and erase unauthorized copies?
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8,290.
Canada (Department of National Health and Welfare) v. Chander - 1997-05-21
Federal Court DecisionsFile T-957-96 deals with the remedies and damages which the tribunal awarded the two complainants in its decision of March 28,1996. [...] The Commission and the respondent made a great deal of Dr. Kapitany's evidence on the two statements which Dr. Kapitany allegedly repeated to Dr. Joshi. [...] Fair enough. The error which the applicant alleges the majority members made is that they did not turn their mind to "determining whether the conflict and anger which resulted from the fluconazole incident constituted an alternative explanation for the event" (AR, vol.
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8,291.
JFE Steel Corporation v. Evraz Inc. NA Canada - 2018 FCA 111 - 2018-06-05
Federal Court of Appeal Decisions[18] Although the term “exporter” is used throughout the provisions dealing with the determination of the normal value and export price, the term “exporter” is not defined in SIMA. [...] Therefore, both in this case and in EMCO, there was a purchaser-reseller whose dealings with the goods in question were largely effected through paper transactions. [...] b) la décision rendue par le président au titre de l’alinéa 41(1)b) de faire clore une enquête;
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8,292.
Connolly v. Canada (National Revenue) - 2017 FC 1006 - 2017-11-07
Federal Court DecisionsHis accountant was “lamentably slow” in dealing with the issue. vi. [...] Moreover, in dealing with the meaning of “reasonable time” he cites the decision in Silden v Canada (MNR), 90 DTC 6576 at 6582 as follows: [...] They also represent an administrative burden to the CRA which is faced with dealing with the consequences of over contributions by taxpayers.
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8,293.
Gagnon v. Canada (Attorney General) - 2017 FC 373 - 2017-04-19
Federal Court DecisionsInvestigators are expected to abide by their assigned mandate and apply the principles of procedural fairness. [...] Management did not refuse to deal with your complaint. The first investigator was chosen in good faith by management and was prepared to move quickly on the matter. [...] On July 3, 2008, at the second level, the new manager dismissed all the applicant’s grievances dealing with the processing of her harassment complaint dated March 31, 2005, including grievances 500357, 500360, 501048, and 500450.
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8,294.
Boily v. Canada - 2016 FC 899 - 2016-08-05
Federal Court DecisionsThese rules are part of those provisions of the Rules dealing with the circumstances and ways in which a party may request to take trial evidence out of court, whether in or outside Canada. [...] [23] Rule 271 of the Rules deals with out-of-court examinations in general, whereas Rule 272 deals specifically with examinations outside Canada. [...] 272 (1) Lorsque l’interrogatoire visé à la règle 271 doit se faire à l’étranger, la Cour peut ordonner à cette fin, selon les formules 272A, 272B ou 272C, la délivrance d’une commission rogatoire sous son sceau, de lettres rogatoires, d’une lettre de demande ou de tout autre document nécessaire.
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8,295.
Passamaquoddy Nation v. Canada (Attorney General) - 2015 FC 1403 - 2015-12-21
Federal Court DecisionsAdditional evidence may be admitted on judicial review in limited circumstances where, for example, there is an issue of procedural fairness or jurisdiction: see Ontario Assn. of Architects v. Assn. of Architectural Technologists of Ontario, 2002 FCA 218 at para. 30, [2003] 1 F.C. 331. [...] I do not understand the applicant to dispute the respondent’s claim, although it suggests that the honour of the Crown imposed a duty on the Minister’s delegate to seek out additional information before dealing with the request. [...] [107] Such a request would then have to be considered by the respondent in good faith, in a manner consistent with the constitutional obligations of the Crown in dealing with Canada’s indigenous people.
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8,296.
Ironside v. The Queen - 2013 TCC 339 - 2013-10-25
Tax Court of Canada JudgmentsIn this respect, Hogan J. in Patry v The Queen, 2013 TCC 107, 2013 DTC 1142, at paragraph 34, summarized several of the leading cases dealing with “connectivity”: [...] Doiron appears to suggest that, in those cases dealing with future rather than immediate income, the connectivity analysis is twofold. [...] a. the column title “Other Income” refers to income from interest and income from oil and gas royalty trusts and other income received from Fair West Energy Corporation;
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8,297.
Cousins v. Canada (Attorney General) - 2007 FC 469 - 2007-05-01
Federal Court DecisionsThe other deals with the pending Labrador/Moncton situation asking for mandamus to require that OSFI only approve a report that provides for immediate distribution of surplus. [...] [33] Like other arcane fields of law with which this Court must deal, the field of pension law has its own terminology some defined by statute, some by case law or usage in the field. [...] Steps have been taken to improve many employee rights but the importance of maintaining a fair and delicate balance between employer and employee interests, in a way which promotes private pensions, has also been a consistent theme.
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8,298.
Canadian Security Intelligence Service Act (Re) - 2008 FC 300 - 2006-07-13
Federal Court DecisionsIt was clearly in the interest of justice that an Amicus Curiae should be appointed by the Court to deal with the opposite point of view presented by the CSIS to support the Application for warrants [...]. [...] [40] National security has always been a subject of concern to our Courts when dealing with our [...] Another avenue to deal with the question of law was not chosen by CSIS. This Court has to deal with the warrant application as it is filed.
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8,299.
Astrazeneca Canada Inc. v. Canada (Minister of Health) - 2005 FCA 189 - 2005-05-18
Federal Court of Appeal DecisionsIt adds that no breach of the duty of fairness has been shown in the Minister's handling of this issue. [...] As I read subsection 5(1) of the NOC Regulations, it simply refers to "drug" and does not deal with uses of the drug. [...] [69] I will deal with the remaining issues on the basis that Astrazeneca did not market Losec 20 mg capsules at all after September of 1996.
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8,300.
Imperial Oil Ltd. v. Canada - 2004 FCA 361 - 2004-10-26
Federal Court of Appeal DecisionsAs the dispute in this case involves the computation of business income, the Judge reasoned that he should not be guided by Gaynor because it deals with the computation of a capital gain, not the computation of business income. [...] The following discussion deals with that debate. Paragraph 20(1)(f) [...] I do not consider it necessary to deal with the Crown's cross-appeal on costs.