11,312 result(s)
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8,476.
Lac des Mille Lacs First Nation v. Chapman - 1998-06-04
Federal Court DecisionsAs a result, the court will not deal with any of the requested relief directed to the Minister, as the prayer for relief was not amended after Rouleau J.'s Order. [...] Such further and other relief as this Honourable Court may deem fair and just in the circumstances [...] In my view, in the interests of resolving all of the issues which these parties dispute, it is incumbent on this court to make factual findings and to render "further and other relief" which is "fair and just in the circumstances".
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8,477.
Belchetz v. The Queen - 1997-11-13
Tax Court of Canada JudgmentsIn so far as the motion is based on the other paragraphs of Rule 419(1), counsel for the defendant has also failed to meet the heavy burden of showing that it is clear and obvious that the plaintiff’s proceeding or portions thereof are scandalous, frivolous or vexatious, or may prejudice, embarrass or delay the fair trial [...] [41] This principle is further supported by Bell J. in Enterac where he found because he could not conclude that the impugned paragraphs sought to be struck were not relevant, the Respondent had not made it clear and obvious that a fair hearing of the appeal would be prejudiced or delayed, and so the impugned paragraphs [...] [45] In dealing with the interpretation of Rule 332(1), Thurlow A.C.J. in The Queen v. A. & A. Jewellers Ltd., [1978] 1 F.C. 479 (F.C.T.D.), stated at 480 regarding the plaintiff’s affidavit evidence:
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8,478.
Vibe v. The Queen - 1997-10-23
Tax Court of Canada Judgments[2] By these reassessments the Minister of National Revenue disallowed the deductions in the respective amounts of $14,433.24, $15,083.28 and $16,345.33 claimed by the Appellant in the years 1989, 1990 and 1991 under paragraph 8(1)(c) of the Income Tax Act with respect to the fair rental value of a residence that he owned [...] It was also considered desirable that the incumbent of that position had a broad ecumenical experience since he had to deal with a great number of Christian denominations. [...] (ii) rent paid by him for a residence or other living accommodation rented and occupied by him, or the fair rental value of a residence or other living accommodation owned and occupied by him, during the year but not, in either case, exceeding his remuneration from his office or employment as described in subparagraph (i);
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8,479.
Dufour v. Canada (Attorney General) - 1996-05-08
Federal Court DecisionsIn undertaking the review courts must ensure first that the board has acted within its jurisdiction by following the rules of procedural fairness, second, that it acted within the bounds of the jurisdiction conferred upon it by its empowering statute, and third, that the decision it reached when acting within its [...] In my opinion, having considered the criteria referred to above and the cases from the Supreme Court dealing with the standard of review, I find that the decision of the arbitrator in the case at bar should be accorded considerable or significant curial deference, particularly since it concerns a matter squarely within the [...] a high standard of judicial review, to intervene in the decision of an adjudicator who has, within the statutory limits of jurisdiction, interpreted a collective agreement with sufficient rationality on the basis of the facts before her and without offending the principles of natural justice or procedural fairness.
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8,480.
Robertson v. The Queen - 2010 TCC 552 - 2010-10-29
Tax Court of Canada JudgmentsThe Co-op represents the fishers, ensuring that they are dealt with honestly and fairly. [...] [98] The Supreme Court in Southwind v. Canada[37] (in the context of employment) suggested a fairly long list of factors that might be considered. [...] ... that Indians who acquire and deal in property outside lands reserved for their use, deal with it on the same basis as all other Canadians.
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8,481.
Koch v. Borgatti Estate - 2022 FCA 201 - 2022-11-22
Federal Court of Appeal DecisionsKoch and de la Guardia also assert that the Federal Court erred in failing to consider their Rule 8 argument, and in doing so, denied them procedural fairness. [...] [40] Questions of procedural fairness are legal questions; the Court must be satisfied the duty of procedural fairness is met: Lipskaia v. Canada (Attorney General), 2019 FCA 267, at para. 14. [...] Koch and de la Guardia assert that the Federal Court erred in not considering their Rule 8 argument, and by doing so denied them procedural fairness.
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8,482.
Notario v. Canada (Citizenship and Immigration) - 2014 FC 1159 - 2014-12-02
Federal Court Decisions[30] The applicant alleges three violations of procedural fairness. Originally, he implied that the Board appeared to be biased because it ignored evidence. [...] The quality of those reasons is not a question of procedural fairness (Newfoundland Nurses at paragraphs 20 and 21). [...] ... ... (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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8,483.
AZ Bus Tours Inc. v. Tanzos - 2009 FC 1134 - 2009-11-05
Federal Court Decisions[19] The Respondent, who was self-represented, argued that the decision of the Tribunal was fair and that it should be upheld. [...] 4. Les actes discriminatoires prévus aux articles 5 à 14.1 peuvent faire l’objet d’une plainte en vertu de la partie III et toute personne reconnue coupable de ces actes peut faire l’objet des ordonnances prévues aux articles 53 et 54. [...] (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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8,484.
British Columbia Civil Liberties Association v. Canada (Attorney General) - 2007 FC 901 - 2007-09-13
Federal Court DecisionsAs I found the application for judicial review was not moot, I need not deal with this issue. [...] c) de l’autorité provinciale dans la province d’origine du sujet de plainte, compétente pour recevoir des plaintes et faire enquête. [...] ou au paragraphe (1), le président de la Commission établit et transmet au ministre et au commissaire un rapport écrit énonçant les conclusions et les recommandations qu’il estime indiquées, à moins qu’il n’ait déjà convoqué une audience, ou se propose de le faire, pour faire enquête en vertu de cet alinéa ou paragraphe.
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8,485.
Canamould Extrusions Ltd. v. Driangle Inc. - 2004 FCA 63 - 2004-02-12
Federal Court of Appeal Decisions... The scope of patent protection must not only be fair, it must be reasonably predictable. [...] ... Predictability is achieved by tying the patentee to its claims; fairness is achieved by interpreting those claims in an informed and purposive way. [...] The public is entitled to rely on the words used provided the words used are interpreted fairly and knowledgeably.
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8,486.
Dnow Canada ULC v. Grenke Estate - 2020 FCA 61 - 2020-03-11
Federal Court of Appeal Decisions[33] The next two issues are interrelated and it is convenient to deal with them together. [...] [94] This is not a fair or permissible inference to draw from the reasons. [...] [124] The Federal Court did not deal with this issue in its written reasons.
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8,487.
Schering Canada Inc. v. Apotex Inc. - 1999-06-25
Federal Court DecisionsMr. Justice Rothstein spoke of fairness; and fairness demands that Nu-Pharm reveal the answers to such questions with considerable specificity in order to justify a second or subsequent notice of allegations. [...] iv) Apotex' non-infringing process and its dealings with Farmhispania [...] [135] Finally, in dealing with the different piperidine reagents used in the two processes,
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8,488.
2530-1284 Québec Inc. c. La Reine - 2007 TCC 286 - 2007-05-23
Tax Court of Canada JudgmentsThe Class "K" shares had a paid‑up capital of $0.01 per share, but a fair market value of $5,890,200. [...] The Class "J" shares had a paid‑up capital of $0.01 and a purported fair market value of $5,890,200. [...] 3. To be or prove false to, play false, deal treacherously with; 4. To cheat, overreach; defraud.
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8,489.
Brereton v. The King - 2024 TCC 41 - 2024-04-09
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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8,490.
Zheng v. Canada (Citizenship and Immigration) - 2023 FC 1407 - 2023-10-24
Federal Court Decisions[11] The RAD found it was not necessary to deal substantively with the Applicant’s narrative. [...] 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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8,491.
Whitstone v. Onion Lake Cree Nation - 2023 FCA 149 - 2023-06-26
Federal Court of Appeal DecisionsMoreover, as discussed in the previous paragraph, the Tribunal is unlikely to deal with the matter. [...] This Court’s role should be deferential and limited to determining whether such interpretation and application was fair and reasonable.
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8,492.
Bahredar v. Canada (Citizenship and Immigration) - 2022 FC 1577 - 2022-11-17
Federal Court DecisionsIn such circumstances, the applicable standard of review is correctness because of breached procedural fairness or denied natural justice by reason of the representative’s alleged incompetence before the tribunal: Canadian Pacific Railway Company v Canada (Attorney General), 2018 FCA 69 at para 54. [...] In the circumstances, I find it unnecessary to deal with this issue, especially because this matter will be sent back for redetermination.
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8,493.
Ukponahiusi v. Canada (Citizenship and Immigration) - 2022 FC 1519 - 2022-11-08
Federal Court Decisions[10] 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 [...] [38] The objective evidence was found by the RAD to indicate, “the police continue to attempt to deal with the cult violence in Nigeria.
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8,494.
101217990 Saskatchewan Ltd. (District Brewing Company) v. Lost Craft Inc. - 2022 FC 1254 - 2022-09-02
Federal Court DecisionsNevertheless, this requirement, aimed at ensuring the fairness and efficiency of the process, should not be applied in a rigid manner. [...] It filed an affidavit of its principal, Mr. De Silva, who provided additional evidence of his dealings with the company that decorated the delivery van and asserted that the van was used “to deliver product and provide services to customers prior to September 8, 2016” and, in particular, to travel to “large events” where
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8,495.
Payrovedennabi v. Canada (Citizenship and Immigration) - 2022 FC 165 - 2022-02-09
Federal Court DecisionsHowever, the Court has no formal evidence of this and considers it necessary to deal with the application as it is. [...] [14] The Applicant frames the first issue as a breach of procedural fairness requiring correctness review, relying on Ahmed v Canada (Citizenship and Immigration), 2018 FC 1207 [Ahmed] at 23.
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8,496.
Knibb Developments Ltd. v. Siksika First Nation - 2021 FC 1214 - 2021-11-09
Federal Court DecisionsIt asserts that the process leading to the adoption of the resolution did not comply with the requirements of procedural fairness. [...] It includes a section dealing with calls for tenders. When it intends to award a contract over $50,000, Siksika Nation must issue a call for tenders.
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8,497.
Beecher v. Canada (Citizenship and Immigration) - 2021 FC 126 - 2021-02-08
Federal Court Decisions[17] The Applicant advances a number of issues as follows, which the Court will deal with seriatim: [...] Before the RAD, the submissions were framed under the heading “Natural Justice and Procedural Fairness”.
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8,498.
Laguerre v. Canada (Citizenship and Immigration) - 2020 FC 603 - 2020-05-08
Federal Court Decisions[2] The first part of the decision deals with the Refugee Protection Division’s negative findings regarding the applicant’s credibility, which are not relevant for the purposes of this application. [...] The Court’s role is to ensure that decisions are lawful in order to safeguard the legality, rationality and fairness of the administrative process.
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8,499.
Godoy v. Canada (Citizenship and Immigration) - 2020 FC 433 - 2020-03-27
Federal Court Decisions[12] Before the RAD, Mr. Godoy alleged that the ineffectiveness of his previous counsel had denied him procedural fairness, that the RPD had erred by failing to recognize him as a vulnerable person due to mental health impairments, and that it had erred in its analysis of the evidence. [...] the Appellant had “difficulty with dates.” In my independent analysis I find that even if the RPD had accepted that the Appellant was simply confused about when the key incident occurred, there were several other credibility issues raised in regard to subjective fear that remain unresolved and I will deal with them below.
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8,500.
Marcom Resources Ltd. v. Canada (Employment, Workforce Development and Labour) - 2020 FC 182 - 2020-02-03
Federal Court DecisionsMarcom clearly made its case that the labour shortage they were dealing with concerned full-time food counter attendants, and thus their business needed full-time employees with more flexibility. [...] [29] In Seven Valleys Transportation Inc. v Canada (Employment and Social Development), 2017 FC 195, the applicant also took issue with an ESDC officer’s decision to issue a negative LMIA. Though its argument was based on a lack of procedural fairness on the Officer’s part, Justice Shore also addressed the applicant’s