11,312 result(s)
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8,401.
Rivera v. Canada (Citizenship and Immigration) - 2009 FC 814 - 2009-08-10
Federal Court DecisionsShe does not believe that she will receive a fair trial and will face disproportionate non-judicial punishment because of her opposition to the war in Iraq. [...] Therefore, the Officer conducted a reasonable analysis of the fairness of this process. [...] 2. “She does not believe that she will receive a fair trial. In addition, she states that she will receive disproportionate non-judicial punishment because of her stand opposing the war in Iraq.”
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8,402.
Lehigh Cement Limited v. The Queen - 2009 TCC 237 - 2009-04-29
Tax Court of Canada JudgmentsIf property having a fair market value of $100,000 is sold for a stated price of $120,000 payable by installments over a period of years with no provision for interest in the agreement of purchase and sale, a part of each installment payment may be regarded as consideration for the fair market value of the property [...] (vii) interest payable by a corporation resident in Canada to a person with whom that corporation is dealing at arm’s length on any obligation where the evidence of indebtedness was issued by that corporation after June 23, 1975 if under the terms of the obligation or any agreement relating thereto the corporation may not [...] In the situation described in these documents, a non-resident person deposited funds with a non-resident financial institution, which in turn loaned the funds to a Canadians corporation that did not deal at arm’s length with the non-resident.
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8,403.
Gold v. Serratus Mountain Products Ltd. - 2004 FC 815 - 2004-08-05
Federal Court DecisionsThe various claims deal with different elements and applications of the closure mechanism. [...] On the defendants' side, I found a great deal less expertise and preparation. [...] Those twin interests have been described by the jurisprudence as fairness and predictability.
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8,404.
Ab Hassle v. Canada (Minister of National Health and Welfare) - 2000-06-12
Federal Court of Appeal Decisions(3) Sous réserve du paragraphe (4), la personne qui soumet une liste de brevets doit le faire au moment du dépôt de la demande d'avis de conformité. [...] 5. (1) Lorsqu'une personne dépose ou a déposé une demande d'avis de conformité pour une drogue et souhaite en faire la comparaison, ou faire renvoi, à une autre drogue qui a été commercialisée au Canada aux termes d'un avis de conformité délivré à la première personne et à l'égard de laquelle une liste de brevets a été [...] The court has a clear duty to deal with an application expeditiously.
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8,405.
Qikiqtani Inuit Assn. v. Canada (Attorney General) - 1998-10-09
Federal Court Decisions[31] In the present case the nature of the decision and its effects are of a type to require a very high degree of procedural fairness. [...] [41] Insofar as the ad hoc post-hearing procedures are concerned, again, it is likely that this was a unique occurrence arising because of the inexperience of the Board and QIA in dealing with the new situation. [...] (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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8,406.
Pfizer Canada Inc. v. Apotex Inc. - 2017 FC 774 - 2017-08-22
Federal Court DecisionsThe construction should be one that is “in the interest of fairness both to the patentee and the public.” [...] This is not just a question of headings as Apotex argued, but a matter of basic fairness. [...] [382] That said, I agree with Apotex that Pfizer may not split its case by declining to deal with the merits of an issue in its memorandum and then dealing with that issue in oral reply at the end of the hearing.
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8,407.
T.C.S.T. v. Canada (Citizenship and Immigration) - 2024 FC 473 - 2024-03-26
Federal Court Decisions[6] On September 2, 2022, the PEID provided a procedural fairness letter to the Applicant. [...] [46] The Applicant argues that these cases do not deal with the constitutionality of s. 9(1)(b) of the CPO and are distinguished on their facts in a determinative manner. [...] I note that sections 9 through 11 deal with “Refusal of Passports and Revocation”.
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8,408.
Berenguer v. Sata Internacional - Azores Airlines, S.A. - 2023 FCA 176 - 2023-08-16
Federal Court of Appeal DecisionsInstead, the judge relied on an inference drawn from a provision dealing with railway transportation in the CTA. Subsection 116(5) of the CTA provides a cause of action to an “aggrieved” person if a railway fails to comply with service obligations. [...] [54] Another concern with the reasoning in Donaldson is that s. 116(5) does not on its face deal with jurisdiction. [...] [75] IATA concerns air passenger rights regulations that deal with flight delays.
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8,409.
Proulx v. Canada (Attorney General) - 2018 FC 761 - 2018-07-19
Federal Court Decisions[32] I agree with the Applicant’s submission that there are five preconditions to consider in this regard; therefore, I will deal with each. [...] The time to raise this issue was when dealing with the Director General. [...] [47] I should add as well that the Applicant’s position in this regard directly contradicts the position he took when dealing with the Director General in the first place.
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8,410.
Esahak-Shammas v. Canada (Citizenship and Immigration) - 2018 FC 461 - 2018-04-30
Federal Court Decisions[14] The jurisprudence is clear and consistent in dealing with new evidence on judicial review. [...] [25] Although a great deal has been said about this issue, it is clear from the Officer’s reasons that he or she did not explicitly address the issue of the impact removal would have on the Principal Applicant’s mental health. [...] This means that decision-makers must do more than simply state that the interests of a child have been taken into account, those interests must be well identified and defined, and examined with a great deal of attention in light of all the evidence.
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8,411.
Van der Steen v. The Queen - 2016 TCC 205 - 2016-09-19
Tax Court of Canada JudgmentsI am of the view that it would seriously impede the ability of the Respondent to deal with the appeals of those other taxpayers if counsel for the Respondent were to be prohibited from communicating with Ms. Leung in respect of those appeals. [...] held and transcripts of the testimony presented at the first trial and before the Court of Appeal are available.”[19] This was a case dealing with unique facts, and not a situation where a witness, in preparation for cross-examination, was seeking to refresh his memory of the testimony given by him in direct examination. [...] In keeping with the principle enunciated in Rutigliano, counsel for the Appellant “will be held to a standard of fairness” in his cross-examination and his closing submissions.
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8,412.
Buenaventura v. Telecommunications Workers Union - 2012 FCA 69 - 2012-03-01
Federal Court of Appeal DecisionsSection 44 and 45 of the Regulations deal with applications for reconsideration of Board decisions. [...] Section 44 deals with the grounds for reconsideration. It reads as follows: [...] First, the appeal procedure was fair in the sense that the student would have a sufficient right to present evidence (including new evidence) and be heard.
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8,413.
Li v. Canada (Citizenship and Immigration) - 2011 FC 941 - 2011-07-27
Federal Court Decisions[36] Without going through them all in detail, I think it is fair to say that each point raised by the Applicant regarding the credibility finding has some merit. [...] This finding also overlaps with the RPD’s assessment of the same evidence when dealing with the Applicant’s sur place claim. [...] The Applicant complains that the RPD ignored his arguments and some of the issues raised and failed to deal with them in the Decision.
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8,414.
Singh Kang v. Canada (Public Safety and Emergency Preparedness) - 2011 FC 798 - 2011-06-29
Federal Court Decisions(2) Une personne ou une entité n’est pas tenue de faire une déclaration en vertu du paragraphe (1) à l’égard d’une importation ou d’une [...] The Minister’s Delegate is afforded deference in deciding cases that deal with Section 29 decisions. [...] One deals with contravention; the other deals with penalty and forfeit.
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8,415.
Standing Buffalo Dakota First Nation v. Enbridge Pipelines Inc. - 2009 FCA 308 - 2009-10-23
Federal Court of Appeal DecisionsFinally, the NEB concluded that because it had the jurisdiction to deal with the applications before it, without having to adjudicate the existence of a credible claim within the meaning of Haida, it was not obligated to require the Crown to attend the hearing to participate in such an adjudication. [...] As a consequence, the Keystone Decision does not deal with that issue in the same way as it was dealt with in the Southern Lights and Alberta Clipper Decisions. [...] In view of my proposed disposition of the jurisdictional and constitutional issues, I do not propose to deal with this issue.
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8,416.
Carrier Sekani Tribal Council v. M.N.R. - 2008 TCC 671 - 2008-12-10
Tax Court of Canada JudgmentsExperience in dealing with Carrier Sekani political issues. Nominated and elected by Individual Members of Carrier Sekani Tribal Council as per Carrier Sekani Tribal Council Bylaws. [...] [38] While Chief Pierre no doubt had a fair amount of latitude in his CEO functions, that is no different from the situation of most CEOs in relation to their board. [...] Section 85 gives the British Columbia Supreme Court certain powers to deal with certain types of governance issues.
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8,417.
Farzam v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1432 - 2005-10-21
Federal Court DecisionsNow, turning to the claim or that part of the claim based upon the acts and omissions of the defendant and its officials in dealing with the request that the plaintiff's wife come to Canada, there is evidence upon which the Court might find that the delay in dealing with the wife's application was due to negligence in [...] 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 [...] Looking at some of the hearsay dangers applicable to Mrs. Mohiti's letter dated 1993, it is evident that the document was not sworn under oath, which makes it quite unreliable when it comes to proving the veracity of the representations or actual dealings she may have had with officials of the Defendant outside Canada.
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8,418.
Saskatchewan Pesticide Container Management Assn. Inc. v. The Queen - 1999-12-16
Tax Court of Canada JudgmentsShe also chronicled, through Exhibit R-1, some of her dealings with Revenue Canada and its auditors. [...] The Court will deal with these matters first. [71] The Court is satisfied that it is not necessary that an actual profit be shown in order for the Appellant to be involved in a commercial activity. [...] [79] The Court turns now to consideration of the substantial issues in this case which have been fairly well defined by both counsel.
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8,419.
Gill v. M.N.R. - 2006 TCC 149 - 2006-06-16
Tax Court of Canada JudgmentsFairly large amounts of cash were kept at home for use by family members. [...] Counsel submitted this method was fair and reasonable to the workers under the circumstances. [...] The system had been created several years earlier and was working fairly well in 1998, except for that particular problem early in the season.
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8,420.
Crawford v. Canada (Citizenship and Immigration) - 2024 FC 176 - 2024-02-05
Federal Court Decisions[21] Although procedural fairness was plead in the Notice of Application, the Applicant confirmed that he would not be advancing this argument. [...] It is “an approach meant to ensure that courts intervene in administrative matters only where it is truly necessary to do so in order to safeguard the legality, rationality and fairness of the administrative process. [...] e) The Applicant’s H&C application was based on very broad and general information about Liberia, and did not deal specifically with his needs (which were not identified in any event) and how his needs could not be met, or that there were challenges to meet his needs, in Liberia.
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8,421.
Singh v. Canada (Citizenship and Immigration) - 2023 FC 1554 - 2023-12-05
Federal Court DecisionsThe reviewing court must adopt an attitude of restraint and intervene “only where it is truly necessary to do so in order to safeguard the legality, rationality and fairness of the administrative process” (Vavilov at para 13), without “reweighing and reassessing the evidence” before it (Vavilov at para 125). [...] [36] It is true that, when an administrative decision maker does not properly deal with evidence squarely contradicting its findings of fact, the Court may intervene and infer that the decision maker overlooked the contradictory evidence when reaching its conclusion (Ozdemir v Canada (Minister of Citizenship and [...] They serve to state “how and why a decision was made,” demonstrate that “the decision was made in a fair and lawful manner,” and shield against “the perception of arbitrariness in the exercise of public power” (Vavilov at para 79).
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8,422.
Ramachandiran v. Canada (Citizenship and Immigration) - 2023 FC 228 - 2023-02-16
Federal Court Decisions[12] In consideration of all these factors, the RAD found no breach of procedural fairness or natural justice. [...] [28] I will deal with only two issues raised by the Applicant, new evidence and bias. [...] Would he think that it is more likely than not that Mr. Crowe, whether consciously or unconsciously, would not decide fairly.”
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8,423.
Labrosse v. Canada (Attorney General) - 2022 FC 1792 - 2022-12-22
Federal Court DecisionsReasons serve to state “how and why a decision was made,” demonstrate that “the decision was made in a fair and lawful manner” and shield against “the perception of arbitrariness in the exercise of public power” (Vavilov at paragraph 79). [...] Those limited exceptions extend to materials that (1) provide general background assisting the reviewing court in understanding the issues; (2) demonstrate procedural defects or a breach of procedural fairness in the administrative process; or (3) highlight the complete absence of evidence before the decision maker [...] [41] In my view, this is not an exceptional situation where, having concluded that the Decision is unreasonable, I should exercise my discretion to dictate to the CRA how it should deal with Ms. Labrosse’s new evidence and interpret the concept of net income in the context of the CRB. The administration of the CRB falls
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8,424.
Kundukhashvili v. Canada (Citizenship and Immigration) - 2022 FC 1081 - 2022-07-21
Federal Court DecisionsSpecifically, the Immigration and Refugee Board had prepared a specific Request for Information Report dealing with the unique vulnerability of female Roma victims of domestic violence: Djubok at paras 20-21. [...] 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 heard: Baker, at para. 28.
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8,425.
Soulliere v. Canada - 2022 FCA 126 - 2022-07-07
Federal Court of Appeal Decisions[17] The other provisions in the OBCA dealing with election and appointment of directors are inconsistent with the appellant’s proposed interpretation but entirely consistent with the Tax Court’s interpretation. [...] e) faire des nominations au conseil d’administration, soit pour remplacer tous les administrateurs en fonction ou certains d’entre eux, soit pour en augmenter le nombre [...] I want everyone to get a fair shake in the marketplace. This bill has several provisions which will enhance that protection...