11,312 result(s)
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8,376.
Chippewas of Nawash First Nation v. Canada (Minister of Fisheries and Oceans) - 2000-11-09
Federal Court DecisionsQ. And the agreement will deal with such issues as reporting of the catch? [...] It could deal with such issues as what species can be caught? A. Yes. [...] Q. It could deal with how long the season is going to be? A. Yes. Q. It could deal with how and when the season will close?
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8,377.
Canada v. Greenwood - 2021 FCA 186 - 2021-09-21
Federal Court of Appeal Decisionsh) investigate and adjudicate complaints of bullying, intimidation, and harassment fairly and with due diligence and make efforts to prevent retaliation; [...] [31] In my view, the combined effect of the foregoing provisions allows for the inclusion in a collective agreement applicable to RCMP Members provisions dealing with workplace harassment, bullying and intimidation. [...] While the relevant collective agreement provided for the pension plan, it did not contain provisions dealing with the funding issues in dispute.
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8,378.
Hershkovitz v. Tyco Safety Products Canada Ltd. - 2009 FC 256 - 2009-03-12
Federal Court DecisionsThe research was limited to the U.S. In their practice, patent agents deal with a substantial number of files. [...] Brandt and Jefferson are discussed in detail in the section dealing with anticipation (section VIII). [...] The Patent Act seeks both fairness and predictability. Predictability is achieved by tying the patentee to its claims while fairness is achieved by interpreting those terms in an informed and purposive manner.
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8,379.
Montreal (City) v. Old Port of Montréal Corporation Inc. - 2021 FC 806 - 2021-07-30
Federal Court Decisionsthat although the Act “confirms both the principle that federal property is immune from taxation and the voluntary nature of payments in lieu, the intention was that the calculation of such payments would be consistent with the objective of equity and fairness in dealing with Canadian municipalities” (MPA 2010 at para 43). [...] The only concepts we are dealing with here are works and underlying land; the PILT Act makes no distinction, at paragraph 2(3)(a), between the underlying land and its surface. [...] b) faire, à l’égard du paiement, un versement provisoire ne dépassant pas la somme visée à l’alinéa a).
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8,380.
Fedee v. Canada (Citizenship and Immigration) - 2019 FC 88 - 2019-01-22
Federal Court DecisionsEvaluating whether procedural fairness, or the duty of fairness, has been adhered to by a tribunal requires an assessment of the procedures and safeguards required in a particular situation. [...] There was a denial of procedural fairness because of this lack of competence. [...] The RPD did not grant her request for an in-person hearing but it fully acknowledged and accepted her medical diagnosis and granted her various forms of accommodation to assist her to deal with the hearing.
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8,381.
James v. Canada (Attorney General) - 2015 FC 965 - 2015-08-12
Federal Court Decisions[50] The Applicant submits that the unjustified delays in making and communicating the Decision were not fair or effective and breached the rules of natural justice and her right to procedural fairness: Cardinal v Director of Kent Institution, [1985] 2 SCR 643 at 653. [...] (1) Procedural fairness [64] The Respondent submits that the delay in completing the final grievance does not constitute a breach of procedural fairness. [...] The Deputy Commissioner does not deal personally with the Applicant and so must rely on the advice and conclusions of the professionals who have dealt with her.
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8,382.
Tarek-Kaminker v. Canada (Attorney General) - 2023 FCA 135 - 2023-06-13
Federal Court of Appeal Decisionsc) The Procedural Fairness Argument [55] Ms. Tarek-Kaminker also submits that the adverse inference drawn by the Board as a result of her failure to call the doctors was improperly drawn in violation of the principles of procedural fairness. [...] [58] The premises underlying Ms. Tarek-Kaminker’s procedural fairness argument are flawed. [...] [80] Ms. Tarek-Kaminker’s written submissions then provided five paragraphs dealing with the intersectionality issue.
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8,383.
Lockwood Financial Ltd. v. The Queen - 2020 TCC 128 - 2020-11-18
Tax Court of Canada JudgmentsI note that there was no evidence introduced at trial regarding the fair market value of the LEO shares at any relevant time. [...] l) As of June 15, 2012, the fair market value of AOI common shares was of $7.84 per share. [...] . . . Mertens, Law of Federal Income Taxation, Vol 2, c 12, p 127, considers “the problem of when items are . . . deductions to the taxpayer on the accrual basis”, and deals with it at p 132 in these terms:
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8,384.
Adan v. Canada (Citizenship and Immigration) - 2011 FC 655 - 2011-06-08
Federal Court Decisions5. Did the officer breach a duty of fairness owed to the applicant by providing inadequate reasons? [...] 3. Did the Officer breach the duty of fairness by providing inadequate reasons? [...] Issue 3: Did the Officer breach the duty of fairness by providing inadequate reasons?
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8,385.
Canada (Attorney General) v. Poon - 2009 FC 654 - 2009-06-23
Federal Court Decisions[30] When interpreting section 28.1 of the Act, the question is not whether a person is capable of dealing with the consequences of an application, but rather whether that person was capable of forming an intention to apply or not (Morrison v. Canada (Minister of Human Resources Development), 1997 LNCPEN 49, Appeal No. [...] a) que la personne n’avait pas la capacité de former ou d’exprimer l’intention de faire une demande de prestation avant la date à laquelle la demande a réellement été faite; [...] a) que le demandeur n’avait pas la capacité de former ou d’exprimer l’intention de faire une demande avant la date à laquelle celle-ci a réellement été faite;
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8,386.
Pro-West Transport Ltd. v. Canada (Attorney General) - 2006 FC 881 - 2006-07-14
Federal Court DecisionsIn the present case, as previously stated, the Court is dealing with judicial review of a decision of the GIC to issue an order in council under section 47 of the CTA. [...] The applicants submit that there is no specific grant of authority in the CMA empowering the VPA to implement a licensing system or to set fair wages. [...] When Parliament intends to grant the authority to set "fair wages" they do so specifically.
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8,387.
Tommy Hilfiger Licensing Inc. v. International Clothiers Inc. - 2004 FCA 252 - 2004-06-30
Federal Court of Appeal Decisionsa) faire une déclaration fausse ou trompeuse tendant à discréditer l'entreprise, les marchandises ou les services d'un concurrent; [...] c) faire passer d'autres marchandises ou services pour ceux qui sont commandés ou demandés; [...] e) faire un autre acte ou adopter une autre méthode d'affaires contraire aux honnêtes usages industriels ou commerciaux ayant cours au Canada.
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8,388.
Pharmascience Inc. v. Janssen Inc. - 2024 FC 335 - 2024-02-29
Federal Court Decisions[32] A phrase that comes up with some frequency in the context of privilege and waiver is “fairness and consistency.” [...] However, waiver may also occur in the absence of an intention to waive, where fairness and consistency so require. [...] [99] Resources of courts are frequently, and fairly, described as scarce.
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8,389.
Karicka v. Canada (Citizenship and Immigration) - 2021 FC 1005 - 2021-09-28
Federal Court DecisionsThe Applicants submit the RPD further failed to assess how each country deals with convictions in absentia. [...] The onus was on the Applicants to establish the Czech judicial process was not fair which they failed to do. [...] [37] The mode of prosecution and the fairness of the process are important.
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8,390.
Canmar Foods Ltd. v. TA Foods Ltd. - 2019 FC 1233 - 2019-09-25
Federal Court Decisions(d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or [...] Accordingly, if it is determined that Claim 1 is not infringed, the Court need only deal with Claim 1 on the Summary Judgment Motion. [...] Any heating system may be used to heat the flax seed to a desired temperature, providing this can be done fairly rapidly in accordance with the methods of the exemplary embodiments.
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8,391.
Mun v. Canada (Citizenship and Immigration) - 2019 FC 246 - 2019-03-01
Federal Court DecisionsWere the Applicants denied fundamental and natural justice, and did the Minister’s Delegate breach the Applicants’ procedural fairness rights? [...] It is only when reasons are required, but are not provided, that there may be a breach of procedural fairness (NL Nurses at para 22). [...] While s 101 of the IRPA deals with claims that are ineligible to be referred to the RPD, s 104 is essentially a notice provision.
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8,392.
Malambu v. Canada (Citizenship and Immigration) - 2015 FC 763 - 2015-06-17
Federal Court Decisions[19] The applicant first submits that the RAD breached a principle of natural justice and procedural fairness when it refused his request for a hearing. [...] [39] Accordingly, while the content of procedural fairness varies with circumstances and the legislative and administrative context, it is certainly not to be presumed that Parliament intended that administrative officials be free to deal unfairly with people subject to their decisions. [...] On the contrary, the general rule is that a duty of fairness applies.
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8,393.
Woo Estate v. Canada (Attorney General) - 2002 FCT 1233 - 2002-11-28
Federal Court Decisions[75] The use of the McTague decision, likewise, does not give rise to a breach of procedural fairness. [...] [76] Finally, in my opinion, the use of the article on shock therapy in the Board's decision does not give rise to a breach of procedural fairness. [...] [78] The remainder of the applicant's arguments deal with improprieties that she alleges, occurred in the previous VRAB decisions.
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8,394.
A. B. v. Canada (Citizenship and Immigration) - 2016 FC 1385 - 2016-12-16
Federal Court DecisionsDid the Member exceed his jurisdiction or breach his duty of procedural fairness? [...] In the part of the decision dealing with this question, the Board was assessing whether kidnapping of a child is a “serious non-political crime”. [...] In my view, the Applicant was not denied procedural fairness in this regard.
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8,395.
Good v. Canada (Attorney General) - 2018 FC 1199 - 2018-11-28
Federal Court Decisionsc) faire sciemment usage d’un faux bulletin de vote; d) déposer dans une urne un bulletin de vote sachant qu’il n’y est pas autorisé par règlement; [...] It is also undisputed that Mallory went to the room in need of gas money with no deal for a quid pro quo arrangement after she voted went to the room in need of gas money without having made a deal before. [...] This is sad indeed given the importance of having a vote and a fair and democratic election.
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8,396.
Paradis Honey Ltd. v. Canada (Agriculture and Agri-food) - 2023 FC 1415 - 2023-10-24
Federal Court DecisionsRather, that the motion should only be considered under s 40 of the CEA, which deals with the provincial laws of evidence in federal proceedings. [...] They submit that in determining which provincial laws of evidence apply to this proceeding, the Court should have regard to the “balances of procedural fairness struck in different provinces,” as well as the overall fact-finding functions of trial. [...] [83] I agree with the Defendants that what the Plaintiffs coin as “the balance of procedural fairness” struck in different provinces is not a consideration in the application of s 40 of the CEA. Further, the Plaintiffs chose to file and pursue their action in this Court, knowing that the FC Rules therefore have application.
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8,397.
Hughes v. Canada (Human Rights Commission) - 2020 FC 986 - 2020-10-20
Federal Court DecisionsIn fact, however, they go directly to the fairness of this appeal in writing under Rule 51. [...] Proper Reply is limited to issues that a party had no opportunity to deal with, or which could not reasonably have been anticipated. [...] [74] In the circumstances, if the Prothonotary was correct in her conclusions applying Carey to the evidence, it is not necessary to deal with any of the “threshold” issues.
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8,398.
Sunshine Village Corporation v. Canada (Attorney General) - 2017 FC 846 - 2017-09-21
Federal Court Decisions(3) The Decision was fair [45] Parks Canada submits that communications between Canada and Sunshine Village since 2012 establish that the Decision to prohibit all roadside parking should not have been a surprise to Sunshine Village. [...] Parks Canada submits that Article 30 of the Lease is thus not engaged, since it deals with situations in which the Minister requires the lessee to make “alterations, improvements or expansions.” [...] (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;
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8,399.
Canada (Human Rights Commission) v. Warman - 2011 FCA 297 - 2011-10-26
Federal Court of Appeal Decisions[69] Part 12 then deals with all aspects of the enforcement of court orders including contempt of court. [...] Les décisions qui sont modifiées peuvent, selon les modalités énoncées au paragraphe (2), faire à nouveau l’objet d’une assimilation. [...] They simply deal with the problem of amendments to a tribunal order after it has been filed.
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8,400.
Cervenakova v. Canada (Citizenship and Immigration) - 2010 FC 1281 - 2010-12-13
Federal Court DecisionsAnd you need to fix your system.’” He apparently also observed: “It is not lost on economic migrants who want to jump the queue that we have a system that’s fairly easy to abuse. [...] It is true that he has appointed the tribunal but once appointed, the tribunal is as independent and as seemingly impartial as any tribunal dealing with a service-related offence. [...] One cannot reasonably conclude that the bias of the Commissioner, if bias there is, is the bias of the tribunal and that as a result the applicant would not get a fair trial.