11,312 result(s)
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8,301.
Canadian Union of Public Employees v. Canada (Minister of Health) - 2004 FC 1334 - 2004-09-29
Federal Court Decisionsb) de faire état du Transfert dans tout document public ou toute publicité sur les services de santé assurés et les services complémentaires de santé dans la province. [...] [37] Sections 14 and 15 of the Act, submits the respondent, deal with a political process that involves inter-governmental consultation, a discretionary decision of the Minister based on such consultation and the possibility of referral of the matter to the Governor in Council. [...] Chief Justice Scott's reasoning was followed by Hunter J., of the British Columbia Supreme Court in Brown v. British Columbia (Attorney General) (1997), 41 B.C.L.R. (3d) 265, [1998] 5 W.W.R. 312, a case dealing with a cap on health insurance benefits for treatment outside Canada.
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8,302.
Astrazeneca Canada Inc. v. Apotex Inc. - 2004 FC 647 - 2004-04-29
Federal Court Decisionsof McKeown J. in Astra Pharma Inc. v. Canada (Minister of National Health and Welfare), [2000] F.C.J. No. 1426 (Court No. T-2026-99) (QL) (confirmed in [2001], F.C.J. No. 1051 (QL)), where the learned judge had to deal with a similar argument of abuse of process with respect to a new NOA dealing with those capsules. [...] It held that the only sections dealing with what patent could be included on the list were paras. 4(2)(b) and 4(7)(b) of the Regulations. [...] A. No, that's not -- that's not fair. I don't purport to be perfect.
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8,303.
Public Service Alliance of Canada v. Canada (Attorney General) - 2013 FC 918 - 2013-08-30
Federal Court DecisionsThe respondent submits that the Alliance therefore cannot claim that its procedural fairness rights were violated. [...] Thus, the violation of the Alliance’s procedural fairness rights may well have impacted the Minister’s decision. [...] The Alliance stresses that the requirement of section 2 of the PSLRA that the Minister designated under the Act not be a member of Treasury Board highlights the need for independence of the Minister and establishes a requirement that he deal at arms length from the Employer.
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8,304.
Djossou v. Canada (Citizenship and Immigration) - 2014 FC 1080 - 2014-11-14
Federal Court DecisionsA specialized appeal division for refugee matters can deal much more efficiently with unsuccessful claimants than the Federal Court, an application for pre-removal risk assessment or requests on humanitarian grounds. [...] This is an improved RAD. It's an additional level of administrative fairness, but it's not going to happen if we don't achieve the other streamlining in the system that the package speaks to. [...] The result would be a streamlined system that would actually add greater procedural fairness, through the creation of what's known as the Refugee Appeal Division.
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8,305.
Hydro- Québec v. Canada (Attorney General) - 2024 FC 669 - 2024-05-08
Federal Court Decisions[64] The AGC replies that there was no breach of procedural fairness. [...] [74] In terms of fairness, the Supreme Court of Canada emphasized in Baker that: [...] [131] The Court will therefore set aside the disputed portion of the Minister’s Delegate’s Decision, i.e., the portion dealing with meters in non-Indigenous territory, and remit the matter for redetermination, with respect to these meters, by a different decision-maker.
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8,306.
Molnar v. Canada (Citizenship and Immigration) - 2012 FC 530 - 2012-05-04
Federal Court DecisionsBreach of Procedural Fairness [52] The RPD breached their right to procedural fairness by failing to hear their case with an open mind. [...] No Breach of Procedural Fairness [87] The Applicants have not satisfied the essential elements to establish that the conduct of their previous counsel amounted to a breach of procedural fairness. [...] [90] In dealing with this issue the RPD examined the Applicants’ own efforts to secure protection in the past, as well as the current situation in Hungary for Roma people.
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8,307.
Paradis Honey Ltd. v. Canada - 2015 FCA 89 - 2015-04-08
Federal Court of Appeal Decisions[54] These reasons deal with the issue of proximity arising from the course of conduct between the parties. [...] [68] The source of the difficulty in dealing with this claim is that while it is framed as an action in negligence, all of the particulars of negligence are acts for which a remedy is available in administrative law. [...] [87] First, in my view, the Federal Court erred in dealing with the beekeepers’ allegation that Canada pursued an improper purpose or acted in bad faith in creating and implementing the blanket guideline.
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8,308.
Novartis Pharmaceuticals Canada Inc v. Cobalt Pharmaceuticals Company - 2013 FC 985 - 2013-09-25
Federal Court Decisions[77] Thus, the Supreme Court was dealing only with the prophylaxis claims when Binnie J, for the Court, wrote at paragraph 177: [...] [100] In Europe, legislation has been enacted to deal with methods of medical treatment. [...] We should record in fairness that he did not have the benefit of the sustained argument we have had before us on these points.
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8,309.
Fagan v. The Queen - 2011 TCC 523 - 2011-12-14
Tax Court of Canada Judgments[57] The appellant argues that subsections 66(12.6) to 66(12.75) of the Act provide a complete code for dealing with resource expense renouncement and reduction. [...] (c) a person with whom the person was not dealing at arm's length, the following rules apply: [...] The learned Trial Judge held that the Minister was obliged to apply the policy as so stated "in a fair and even handed manner".
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8,310.
Inverhuron & District Ratepayers' Assn. v. Canada (Minister of The Environment) - 2000-05-23
Federal Court DecisionsPart VI of the Comprehensive Study Regulations deals with nuclear facilities and refers specifically to storage facilities. [...] In order to deal with these grounds, something must be said about the standard of review. [...] In dealing with any of the statutory criteria, the range of factual possibilities is practically unlimited.
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8,311.
Canadian Council for Refugees v. Canada - 2007 FC 1262 - 2007-11-29
Federal Court DecisionsThe essential function engaged in dealing with the issues are within the domain and expertise of a court. [...] He has a great deal of expertise with international refugee law, and at one time served as a judge at an appeal level dealing with immigration and asylum law. [...] (b) David Martin has worked in the U.S. government dealing with refugee issues for many years.
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8,312.
Chinatown & Area Business Association v. Canada (Attorney General) - 2019 FC 236 - 2019-02-27
Federal Court DecisionsResidents also voiced concerns over public safety and a potential increase in gang or drug dealing activity around the facilities. [...] Did the exemption process violate CABA’s procedural fairness rights? [...] B. Was CABA entitled to procedural fairness? If so, at what level? [88] As noted above, CABA submits it was owed a duty of fairness in the exemption process.
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8,313.
Canada v. Bezan Cattle Corporation - 2023 FCA 95 - 2023-05-09
Federal Court of Appeal DecisionsThe Federal Court was satisfied that it had the evidence necessary to adjudicate the dispute fairly and justly on the record. [...] It deals with application of payments made by a farmer where a mortgage (or security agreement) secures more than one debt. [...] (2) Every Act and regulation is to be construed as being remedial and is to be given the fair, large and liberal interpretation that best ensures the attainment of its objects.
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8,314.
Bell Canada v. L3D Distributing Inc. (INL3D) - 2021 FC 832 - 2021-08-10
Federal Court Decisions[89] In the reasons below, I deal with each form of relief sought. (i) Declarations [...] a) d’envoyer, d’émettre ou de faire envoyer ou émettre, sciemment, un signal de détresse ou un message, appel ou radiogramme de quelque nature, faux ou frauduleux; [...] Œuvres susceptibles de faire l’objet d’un droit d’auteur Conditions for subsistence of copyright
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8,315.
Canada (National Revenue) v. Hydro-Québec - 2018 FC 622 - 2018-06-15
Federal Court DecisionsGiven that subsections 231.2(3) and 289(3), which deal with this judicial authorization, refer to subsection 1 of these respective sections, I am reproducing the text of section 231.2 in its entirety: [...] [31] A review of the earlier case law could shed some light on the scope of subsection 231.2(3), a fairly recent creation. [...] Naturally, it deals with the collection of tax debts, the keeping of accounts and records.
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8,316.
Apotex Inc. v. Merck & Co. Inc. - 2003 FCA 234 - 2003-05-26
Federal Court of Appeal DecisionsApotex alleged that counsel for Merck acted with impropriety because of their "vindictive attitude" and inability to act with "the fair impartial demeanor proper for a prosecutor". [...] This case should not be taken out of context - it deals with the appropriateness of the dismissal of a main action as a punishment for contempt. [...] The Trial Judge was the person in the best position to assess the significance of the conduct in question, and he found no evidence that would have affected the fairness of the trial.
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8,317.
Illinois Tool Works Inc. v. Cobra Fixations Cie Ltée. - Cobra Anchors Co. Ltd. - 2002 FCT 829 - 2002-07-29
Federal Court DecisionsIn fairness to counsel, this argument was not explicitly raised before me and no authority was cited to that effect. [...] (b) Adherence to the language of the claims in turn promotes both fairness and predictability. [...] One assumes that class 128/92 deals with something other than the subject matter of class 411.
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8,318.
Prospera Credit Union v. The King - 2024 TCC 34 - 2024-03-13
Tax Court of Canada JudgmentsI did not request any of these submissions but agreed to consider them in the interest of procedural fairness. [...] [11] At the time the decision was rendered, there was (and perhaps continues to be) no other decision dealing with the type of financial services in question in the context of credit unions.
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8,319.
Johnson v. Canadian Tennis Association - 2024 FC 404 - 2024-03-08
Federal Court DecisionsHowever, as other judicial officers have noted, the Plaintiff here has “already been accorded a great deal of latitude but he persists in deliberately flouting Orders and Directions of the Court” Order of Case Management Judge Catherine A. Coughlan dated November 8, 2023 at para 21. [...] Nor is it clear that costs will be awarded based on the high end of Column V. I agree with the Moving Defendants that the amount of security must fairly balance the “need for the security to provide meaningful indemnity and not be illusory, while also not being so oppressive so as to prevent a plaintiff from bringing a
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8,320.
Wong v. The King - 2022 TCC 117 - 2022-10-13
Tax Court of Canada JudgmentsMr. Wong wished to deal with the matters, but only as to the substance and not the process. [...] It is fairly simple. A taxpayer must object in writing in some, and almost any, way.
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8,321.
Singh v. Canada (Attorney General) - 2022 FC 346 - 2022-03-14
Federal Court DecisionsAs she had never made an investment before Ms. Singh took $41,000 from the house sale proceeds and sought advice from her bank as to how she might best deal with the money. [...] [23] The Supreme Court of Canada has established that when conducting judicial review of the merits of an administrative decision, other than a review related to a breach of natural justice and/or the duty of procedural fairness, the presumptive standard of review is reasonableness: Canada (Minister of Citizenship and
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8,322.
Tekle v. Canada (Citizenship and Immigration) - 2017 FC 1040 - 2017-11-15
Federal Court DecisionsThe Applicant advanced no specific submissions with respect to these reasons except that the RPD was “overly critical” of the identity evidence and had an “intent to find fault with whatever was presented rather than to take a fair and reasonable view of the material provided”. [...] [26] This rule extends equally to situations where the RAD does not specifically deal with issues raised by the Applicant.
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8,323.
Conseil des Innus de Pessamit v. Riverin - 2017 FC 343 - 2017-04-05
Federal Court DecisionsFurthermore, the question of determining whether the Prothonotary’s decision is fair or not constitutes a question of mixed fact and law that results in the application of the standard of palpable and overriding error. [...] An administrative assistant at its attorneys’ office who was dealing with personal problems recorded the deadline as January 23 instead of January 16, 2017.
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8,324.
Chen v. Canada (Public Safety and Emergency Preparedness) - 2017 FC 95 - 2017-01-25
Federal Court Decisions[18] The Respondent submits that the Applicant received a full and fair hearing. [...] [40] Employing such a broad approach to s. 70(1)(b), the I.A.D. itself has long considered foreign hardship to be an appropriate factor to take into account when dealing with appeals brought under this section.
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8,325.
Cerisier v. Canada (Citizenship and Immigration) - 2016 FC 1315 - 2016-11-28
Federal Court Decisions[13] The applicant also criticized the RPD for having breached the rules of procedural fairness by failing to provide advance notice of its intention to use its specialized knowledge in connection with the medical certificate that she submitted as evidence. [...] Since I have already concluded that the RPD’s decision was reasonable, I do not find it necessary to deal with this issue since it cannot on its own, even assuming it to be well-founded, invalidate that decision.