11,312 result(s)
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8,326.
Alix v. Canada (General Attorney) - 2015 FC 1238 - 2015-10-30
Federal Court Decisionsnot frivolous, that the proceedings were not unduly lengthy, and raises “the common law principle . . . that costs cannot be made a source of profit to a successful party, . . . that the approach to costs can be viewed as being animated by the broad concern to ensure that the justice system works fairly and efficiently”. [...] Also, the two parties place a great deal of emphasis on the number of issues raised in this case.
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8,327.
Kiangebeni v. Canada (Citizenship and Immigration) - 2014 FC 395 - 2014-04-28
Federal Court Decisions[26] While Ms. Kenge says that she has made some telephone calls in an attempt to locate her family members, she has not asked any of the social agencies that she has been dealing with for assistance in locating her family. [...] [33] The Gender Guidelines require that Board members be sensitive to the cultural and other considerations that may affect women seeking the protection of Canada in order that their evidence may be properly understood and their claims fairly assessed.
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8,328.
Vagner v. Canada (Citizenship and Immigration) - 2014 FC 224 - 2014-03-06
Federal Court Decisions[24] Finally, the Applicants assert that the Board erred in failing to deal with the “inability” of Slovakia to protect the Applicants. [...] Moreover, I do not think it a fair categorization of paragraphs 16-17 of the Board’s decision to say that the Board found there was adequate state protection because the police did not conduct an investigation.
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8,329.
Goloubov v. Canada (Citizenship and Immigration) - 2013 FC 1114 - 2013-11-01
Federal Court DecisionsThere are no indications in the NDP that Russian Orthodox Christians, despite being a minority in Israel, face unique challenges with which the state is unable or fails to deal. [...] [12] Further, Israel is a democratic society with free and fair elections.
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8,330.
Su v. Canada (Citizenship and Immigration) - 2012 FC 554 - 2012-05-09
Federal Court Decisions” responded “[a]lleged sex prostitution [emphasis added].” At the hearing when asked what charge he faced he responded, at first “it is the police authority who charged me for doing sexual trade in the public place, which means to do promiscuous in the fetish deal.” When asked to clarify what he meant he said “[t]hey [...] [6] In my view, a fair reading of the PIF and transcript shows that the applicant was consistent in asserting that the police officers accused him of engaging in “sexual trade” or male prostitution, when he was in fact engaging in flirtatious conduct with his boyfriend.
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8,331.
Gallant v. The Queen - 2012 TCC 119 - 2012-04-11
Tax Court of Canada JudgmentsThe doctrine of estoppel cannot be invoked to preclude the exercise of a statutory duty -- here, the duty of the officer to deal with the application as it was presented -- or to confer a statutorily defined status on a person who clearly does not fall within the statutory definition. [...] It is a part of the rules of procedural fairness which can govern administrative bodies.
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8,332.
Insch v. Canada Revenue Agency - 2009 FC 869 - 2009-09-02
Federal Court Decisions(i) a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment, or [...] [22] The AC reviewed Ms. Turner’s decision and concluded that the Applicant’s claim had been fairly considered.
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8,333.
Hrushka v. Canada (Foreign Affairs) - 2009 FC 69 - 2009-01-23
Federal Court Decisionsnormally introduced by the word “includes” and serve “to expand the ordinary meaning of a word or expression; to deal with borderline applications; and to illustrate the application of a word or expression by setting examples.” Thus, it can be seen that a statutory definition does not typically have substantive content. [...] It is part of our law of procedural fairness that in order to know the case one must meet, one is entitled to know who will decide and on what criteria the decision may be based.
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8,334.
WPH Mechanical Services Ltd. v. The Queen - 2006 TCC 677 - 2006-12-22
Tax Court of Canada Judgments[44] Although the terms of s. 20(1)(c)(i) are clear, the Federal Court of Appeal seems to have discerned in the Act an intention that courts, to be fair to less sophisticated taxpayers, should be alert to preventing taxpayers from using complex transactions designed to minimize their tax liability. [...] [16] I make this statement because I agree with Mr. Body, counsel for the Respondent, that the response from Mr. MacGillivray in his letter dated April 26, 2004, Exhibit R-2, was somewhat vague and did not properly deal with the Demand Loan Agreement.
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8,335.
Maan v. The Queen - 2006 TCC 548 - 2006-10-06
Tax Court of Canada Judgments[3] With respect to the three amounts in issue, I will deal first with the amount of $2,800. [...] Ms. Levesque, counsel for the Respondent, very fairly referred me to a number of decisions of this Court, in particular, Robinson v. M.N.R.,[3] Simons v. M.N.R.[4] and Chopp v. R.,[5] where erroneous bookkeeping entries were held not to be an appropriate basis for taxation.
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8,336.
A & R Dress Co. Inc. v. Canada (Minister of National Revenue) - 2006 FCA 298 - 2006-09-11
Federal Court of Appeal DecisionsWe appreciate that Enterprises Kato dealt with the Excise Tax Act, R.S.C. 1970, c.E-13, but since “duties” is defined in the Customs Act as “any duties or taxes levied on imported goods under the Customs Tariff, the Excise Tax Act ...”, it is fair to say that the ordinary and accepted meaning of “goods” applies to both [...] (We need not, in the circumstances of this case, deal with the requirements (b), (c) and (d) of section 109).
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8,337.
Karimian v. Canada (Minister of Citizenship and Immigration) - 2006 FC 867 - 2006-07-11
Federal Court Decisionsa) le cas échéant, faire part à l'agent de ce qui suit : [...] (ii) tout fait important influant sur la délivrance du visa qui a changé depuis la délivrance ou n'a pas été révélé au moment de celle-ci; [...] To paraphrase the French, it deals with the case "where the sponsor has become a permanent resident following an application to this effect...".
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8,338.
Bhandal v. Canada (Minister of Citizenship and Immigration) - 2006 FC 426 - 2006-04-03
Federal Court Decisions[15] As it pertains to the Internal Flight Alternative, it is accepted that the standard of review is that of patent unreasonableness as the Board is dealing with a factual analysis, Chorny v. MCI, 2003, FC, 999, paragraphs 5 and 9. [...] [17] Those six submissions can be summarized under Procedural Fairness.
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8,339.
CP Ships Trucking Ltd. v. Kuntze - 2006 FC 215 - 2006-02-17
Federal Court Decisions[1] We will first of all deal with the motion by respondent Kuntze to dismiss the application for judicial review. [...] [19] A joint assessment of the parties’ records concerning this second motion by respondent Kuntze leads the Court to conclude that respondent Entreprise Gunter M. Kuntze et Fils Inc. must be considered as the alter ego of respondent Kuntze, and it is therefore fair and reasonable to allow it to benefit from the result of
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8,340.
Adereti v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1263 - 2005-09-14
Federal Court Decisions[8] Before dealing with these two issues it is necessary to situate factually Mr. Adereti's involvement with Brazil within the context of his refugee claim. [...] The RPD found that Mr. Adereti's evidence described a fairly stable and secure life in Brazil; if he truly feared being returned to Nigeria, Mr. Adereti would not have risked his secure status in Brazil by travelling to Canada.
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8,341.
Society of Composers, Authors and Music Publishers of Canada v. Maple Leaf Sports & Entertainment Ltd. - 2005 FC 640 - 2005-05-06
Federal Court Decisions(b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe; [...] [10] In the circumstances, I need not deal with the additional issue of res judicata raised by the Plaintiff as a further reason why the Defendant's appeal should be dismissed.
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8,342.
Keleta v. Canada (Minister of Citizenship and Immigration) - 2005 FC 56 - 2005-01-17
Federal Court Decisions[14] Though it is not necessary to explicitly cite the guidelines in the course of its reasons, it is "incumbent on the Board to exhibit a special knowledge of gender persecution and to apply the knowledge in an understanding and sensitive manner when dealing with domestic violence issues": A.Q. v. Canada (Minister of [...] If "there is no reason to suspect that the specialized knowledge in dispute in any way shaped the Board's credibility findings" (N'Sungani, supra at para. 32) and those findings are otherwise properly made, then the Board's decision can stand notwithstanding a breach of natural justice or procedural fairness.
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8,343.
Lobo v. The Queen - 2004 TCC 128 - 2004-04-27
Tax Court of Canada JudgmentsI'm not familiar with Mr. Chapman and the charity and the relationship between Mr. Coombs and Mr. Chapman, so I couldn't fairly say why". [...] In Woolner v. The Queen, 99 DTC 5722, the Federal Court of Appeal had occasion to deal with taxpayers who had made their contributions to a church with the anticipation that their children would receive bursaries.
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8,344.
Doblej v. Canada (Canadian Employment Insurance Commission) - 2004 FCA 19 - 2004-01-21
Federal Court of Appeal DecisionsI will deal briefly with each of the applicant's arguments. ANALYSIS [...] 89. (1) Sous réserve des autres dispositions de la présente loi, les biens d'un Indien ou d'une bande situés sur une réserve ne peuvent pas faire l'objet d'un privilège, d'un nantissement, d'une hypothèque, d'une opposition, d'une réquisition, d'une saisie ou d'une exécution en faveur ou à la demande d'une personne autre
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8,345.
Cortez v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 725 - 2003-06-11
Federal Court Decisions[6] The serious issue identified by the applicants is the impact that paragraph 113(a) of the IRPA has had upon their right to a full and fair PRRA. Paragraph 113(a) is found in Part 2, Division 3 of the IRPA, which deals with PRRA applications, and reads as follows:
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8,346.
Spatling v. Canada (Solicitor General) - 2003 FCT 443 - 2003-04-16
Federal Court Decisions[3] There is no Federal Court rule dealing with the ability to proceed in forma pauperis, however Mr. Justice Muldoon discusses the area in Pearson v. Canada (2000) 195 F.T.R. 31. [...] [7] In Pearson the Plaintiff had provided a simple yet fairly extensive affidavit setting out his age, a lack of employment, receipt of an old age pension, an absence of funds in any bank account inside or outside of Canada, an absence of real estate, stock, bonds, automobiles or other valuable property, an absence of funds
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8,347.
Astrazeneca AB v. Apotex Inc. - 2002 FCT 1249 - 2002-12-02
Federal Court DecisionsI need not deal with all of the extensive arguments advanced by counsel on each separate ground to dispose of this motion, as I am satisfied that the motion should be dismissed based solely on what I consider to be an arguable issue raised by the Applicants regarding the sufficiency of the allegation of non-infringement. [...] In the circumstances, I am not satisfied that Apotex has met the fairly stringent test set out in ss. 6(5) of the Regulations.
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8,348.
Vorotynski v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 1186 - 2002-11-15
Federal Court Decisions3. Did the visa officer deny the applicant fairness in refusing the applicant's permanent residence application? [...] [20] As Issues 1 and 2 dispose of this application, I will not deal with Issue 3.
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8,349.
Ombe v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 1011 - 2002-09-27
Federal Court Decisions[17] The applicant submits that he was denied a fair hearing. The applicant submits that this is shown by the factual errors in the decision and the false suggestion that counsel and RCO were confused about the composition of the Board. [...] [31] Because of my finding on Issue 1, I need not deal with the other issue raised in this case.
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8,350.
Snider v. The Queen - 2002-04-23
Tax Court of Canada JudgmentsThe meaning of "real property" in law extends, as has been seen, to a great deal more than "land" in everyday speech. 94 It comprises, for instance, incorporeal hereditaments; and it also includes fixtures. [...] (b) the fair market value of the complex, at the time the construction or substantial renovation thereof is substantially completed, is less than $450,000,