11,312 result(s)
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8,576.
Tabatabai v. The Queen - 1998-04-20
Tax Court of Canada Judgments[17] Mr. Marquis indicated that the tips rate or the percentage was fair, taking into account all of these contingencies. [...] The case of Larry Munn v. Her Majesty The Queen, 95 DTC 214, which was a case decided by Judge Bonner of the Tax Court of Canada, made it quite clear that because of the nature of the enterprise, the precise amount of that income was difficult to ascertain because the Appellant chose to deal in cash and keep no records in
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8,577.
K.F. Evans Ltd. v. Canada (Minister of Foreign Affairs) - 1998-01-29
Federal Court of Appeal Decisions[1] We must first deal with a motion to dismiss this appeal for mootness. [...] [14] Before leaving the exercise of discretion as to mootness, we would note (although the matter was not seriously argued before us) that the motion judge also found there to have been a lack of fairness in the refusal of a permit.8 That decision is also under appeal here.
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8,578.
Shaikh v. Canada (Minister of Citizenship and Immigration) - 1998-01-16
Federal Court Decisions[8] I indicated to the applicant"s counsel that I could not deal with the PDRCC issue as that issue had not been raised in the application for leave and for judicial review filed on December 24, 1997. [...] The applicant was obliged in making his stay application, to disclose all relevant facts in a fair and honest way.
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8,579.
Singh Nijjar v. Canada (Citizenship and Immigration) - 1997-12-23
Federal Court DecisionsSuch a request falls within the general administration of the Act and, in the absence of special provision, administrative fairness requires that it be capable of being made at the local departmental level. [...] In this Court, counsel for appellants conceded that appellants Jean Boisvert and Susan Lawson are under a duty to consider and deal with respondents' application for an exemption, on compassionate or humanitarian grounds, of the requirement of s. 9 of the Immigration Act, 1976, 1976-1977 (Can.), c. 52, under s. 115(2) [now
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8,580.
Canada (National Revenue) v. 159890 Canada Inc. - 1997-07-30
Federal Court DecisionsAfter considering the case law dealing with the former version of s.225.2 he concluded ... that in a s. 225.2(8) application the Minister has the ultimate burden of justifying the decision despite the fact that s. 225.2 as amended no longer includes the former paragraph (5) that specifically stated that "[O]n the hearing of [...] I am satisfied that the Minister should only proceed by way of application for a jeopardy order under subsection 225.2(2), ex parte, where she or he is able to demonstrate to a judge that a jeopardy order is necessary to protect the Minister's position and that no alternative procedure that is more fair to the taxpayer than
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8,581.
Bédard v. Canada - 1997-02-12
Federal Court DecisionsIt is an administrative decision of an executive nature, a policy decision obviously not subject to the requirements of the rules of natural justice or procedural fairness as affirmed by this Court in the Hunt Farms [4] case. [...] other than the one for which the power was conferred; it may have been made without due respect for some precise legal conditions or qualifications imposed on the exercise of the power; or it may have been made recklessly without verification of the existence of the factual circumstances that it was meant to deal with.
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8,582.
Vincelli v. The Queen - 1997-01-17
Tax Court of Canada JudgmentsI shall deal with each of them in turn to determine whether Mr. Vincelli can claim a business investment loss in respect of any of them. [...] I think this is a fair conclusion given the evidence before me, including the statement by Mr. Vincelli that Fur was “a dead company” by December 1989.
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8,583.
Boldt v. College of Immigration and Citizenship Consultants - 2023 FC 802 - 2023-06-07
Federal Court Decisions[119] I also agree with the Respondent that the Panel assessed the Complaint fully and fairly. [...] G. Did the lapse of time between the Complaint and the Sanctions Decision constitute an abuse of process and breach procedural fairness? [...] The Applicant submits that abuse of process is a question of procedural fairness and that disciplinary bodies must “deal fairly with members whose livelihood and reputation are affected by such proceedings”: Law Society of Saskatchewan v Abrametz, 2022 SCC 29 [Abrametz] at para 55.
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8,584.
Early Recovered Resources Inc. v. British Columbia - 2005 FC 995 - 2005-07-18
Federal Court Decisionsa) Section 3 deals with the qualifications for a licence as a log salvage permittee; [...] b) Section 4 deals with the qualifications for a log salvage permit; [...] d) Section 6 deals with how the "owner" of an identifiable log is to be determined;
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8,585.
Janssen Inc. v. Apotex Inc. - 2021 FC 7 - 2021-01-14
Federal Court DecisionsIt was known that glucocorticoids could address these issues; reduce mineralocorticoids, deal with adrenal insufficiency and hypertension. [...] A glucocorticoid was required to deal with adverse effects. Patients also sought relief from side effects and pain/discomfort – all areas for which PN was known. [...] [235] Given the consent of the Plaintiffs in this case, the parties found a more expeditious way to deal with non-asserted claims, none of which impact the Judgment in this case.
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8,586.
National Capital Commission v. Brown - 2008 FC 733 - 2008-06-13
Federal Court Decisions9 The following decision essentially deals with liability. I agreed that I would only deal with the different proposals to provide accommodation at the York Street Steps, if that became necessary. [...] [62] In spite of this agreement to bifurcate the decision, the Tribunal did deal with the issue of remedy. [...] The function of judicial review is therefore to ensure the legality, the reasonableness and the fairness of the administrative process and its outcomes.
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8,587.
Canada (Service canadien du renseignement de sécurité) (Re) - 2008 FC 301 - 2007-10-22
Federal Court DecisionsIt is therefore unnecessary to deal with the other issues raised. I will nevertheless deal with the third issue stated since it is the central focus of the Service's submissions before the Court. [...] I will deal with the Service's Charter arguments later in these reasons. [...] a) de soixante jours, lorsque le mandat est décerne pour permettre au Service de faire enquête sur des menaces envers la securité du Canada au sens de l'alinéa d) de la définition de telles menaces contenue a l' article 2;
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8,588.
Ontario Lottery and Gaming Corporation v. Mississaugas of Scugog Island First Nation - 2019 FC 813 - 2019-06-14
Federal Court DecisionsIt deals with the administration of the sewer fee, invoicing, exemptions, penalties, interest, enforcement and complaints. [...] I have to decide whether the Commission’s decision was made in a procedurally fair manner and was substantively reasonable. [...] D. Procedural Fairness Issues [85] OLG also argues that the process followed by the First Nation and the Commission breached the requirements of procedural fairness.
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8,589.
Beverly Hills Jewellers MFG Ltd. v. Corona Jewellery Company Ltd. - 2021 FC 674 - 2021-06-28
Federal Court DecisionsIn my respectful view, this is not a satisfactory way for an Applicant to deal with alleged new material evidence referred to at the last minute. [...] [63] Before conducting this appellate review, I will deal with threshold issues. [...] However, these Reasons deal with inherent and acquired distinctiveness per paragraph 6(5)(a) at paragraphs 106 - 122 above.
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8,590.
Canadian Radio-television and Telecommunications Commission (Re) - 2010 FCA 178 - 2010-07-07
Federal Court of Appeal DecisionsShaw submits that, in accordance with the rules of statutory interpretation, since the acts deal with the same subject-matter and no contrary intention is apparent, the same interpretation of the word “transmission” is applicable under the Broadcasting Act. [...] However, at the hearing of the appeal, counsel for Shaw acknowledged that in dealing with the question, the Court must accept the assumption on which it is framed. [...] (v) faire appel de façon notable aux producteurs canadiens indépendants;
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8,591.
Gunn v. Canada - 2006 FCA 281 - 2006-08-21
Federal Court of Appeal DecisionsA taxpayer who chooses to use the cash method of computing the profit or loss of a farming business may treat the cost of inventory as an expense (up to its fair market value). [...] Probably it would not be fair to allow such losses without limit, so the present section was inserted fixing a limit of $5,000. [...] [62] However, the Moldowan treatment of the combination question has proved to be more difficult to deal with.
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8,592.
Société des Acadiens et Acadiennes du Nouveau-Brunswick v. Canada - 2005 FC 1172 - 2005-08-26
Federal Court DecisionsUnder Part V of the OLA of Canada, which deals with the language of work in federal institutions, some regions are designated bilingual. [...] However, that conclusion does not have the impact that the respondent attributes to it in terms of the analysis of this first question, because section 20(2) deals, first and foremost, with the delivery of services. [...] 31(1) Tout membre du public a le droit, lorsqu'il communique avec un agent de la paix, de se faire servir dans la langue officielle de son choix et il doit être informé de ce choix.
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8,593.
Cadostin v. Canada (Attorney General) - 2020 FC 183 - 2020-01-31
Federal Court Decisionsa) révoquer la nomination ou ne pas faire la nomination, selon le cas; [...] [34] Some preliminary matters must, however, be addressed before dealing with the four main issues in dispute in Mr. Cadostin’s application. [...] [80] Whether a decision is procedurally fair must be determined on a case-by-case basis, and the requirements of the duty of procedural fairness are eminently variable.
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8,594.
Adamson v. Air Canada - 2014 FC 83 - 2014-01-27
Federal Court Decisions(d) Fairness Reconsidered Based on the Adverse Differential Impact.................... 403 [...] Hardship, like fairness, is an indefinable term that is a so multifaceted that it must be left to judges to determine based on all the relevant evidence. [...] [333] I deal below under the heading of discrimination with what I describe as the notion of upholding the sanctity of the union’s collective agreement rights based on the principle of equal treatment of members.
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8,595.
Feher v. Canada (Public Safety and Emergency Preparedness) - 2019 FC 335 - 2019-03-20
Federal Court Decisions[5] The parties’ submissions as to whether paragraph 112(2) (b.1) of the IRPA violates subsection 15(1) of the Charter will be considered after dealing with the Respondent’s motion. [...] [34] I turn now to deal with the first issue. V. Are the Applications for Judicial Review Moot? [...] I am not convinced that Professor Rehaag “is unable or unwilling to provide the court with fair, objective and non-partisan evidence” (White at paragraph 49).
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8,596.
Eli Lilly Canada Inc. v. Apotex Inc. - 2023 FC 783 - 2023-06-08
Federal Court Decisions[1] This Order deals with the costs and disbursements payable as a result of the Judgment and Reasons in which I allowed the Defendants Teva Canada Limited, Pharmascience Inc. and Laboratoire Riva Inc., Apotex Inc. (“Apotex”), and Mylan Pharmaceuticals ULC’s counterclaims and held that the asserted claims of the Plaintiffs’ [...] Specifically, Lilly asserts that the overriding consideration in making an award of costs is fairness and reasonableness (Bristol-Myers Squibb Canada Co v Teva Canada Ltd, 2016 FC 991 at para 5) and it would be unreasonable for Lilly to compensate the Defendants for the excessive fees they claim, i.e., the multiple counsels [...] Furthermore, the decisions cited by Lilly are not persuasive in the circumstances of the present case as they either seemingly did not deal with issues of invalidity, did not detail the submissions from the parties on costs or indicate that submissions on costs were provided, and-or did not provide reasons for awarding
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8,597.
Osagie v. Canada (Immigration, Refugees and Citizenship) - 2022 FC 1485 - 2022-10-31
Federal Court DecisionsThe BIOC must be “well identified and defined” and examined “with a great deal of attention” (Kanthasamy, at para 39; Legault, at paras 12-31), and decision-makers must be “alert, alive, and sensitive” to the BIOC (Baker v Canada (Minister of Citizenship and Immigration), 1999 CanLII 699 (SCC), [1999] 2 SCR 817 at para 75). [...] To the extent that this statement is inconsistent or in tension with the principles quoted in paragraphs 19 and 20 above, and with other jurisprudence that can be fairly read as having adopted a similar approach, I consider that it does not accurately reflect the existing state of the law: see, e.g., Li v Canada [...] While the BIOC must be “‘well identified and defined’ and examined ‘with a great deal of attention’”, a decision-maker is still constrained by the evidence presented (Kanthasamy at para 39).
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8,598.
Liang v. Canada (Citizenship and Immigration) - 2020 FC 116 - 2020-01-23
Federal Court DecisionsIn 2014, she was negotiating with two municipal officials in her village in Guangdong Province to secure fair compensation for a parcel of land expropriated from her husband. [...] [20] The Applicant spends a great deal of time in her written submissions attempting to fault the RPD for its negative credibility finding and ignoring the Gender Guidelines and the psychological evidence when assessing her subjective fear. [...] However, para 20 of the Decision specifically refers to and deals with the psychological report.
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8,599.
GPP v. Canada (Citizenship and Immigration) - 2018 FC 562 - 2018-05-30
Federal Court DecisionsThis matter therefore deals with the interpretation of the transitional provision contained in subsections 31(1) and 31(2) of the Strengthening Canadian Citizenship Act, S.C. 2014, c. 22 [Strengthening Canadian Citizenship Act]. [...] a) dans l’attente de renseignements ou d’éléments de preuve ou des résultats d’une enquête, afin d’établir si le demandeur remplit, à l’égard de la demande, les conditions prévues sous le régime de la présente loi, si celui-ci devrait faire l’objet d’une enquête dans le cadre de la Loi sur l’immigration et la protection des [...] [49] The applicant opposes the certification of the question as proposed by the Minister on the ground that it deals only with section 13.1 of the Citizenship Act, whereas the refusal to end the suspension of the applicant’s application for citizenship stems from the interpretation of subparagraph 31(1)(b)(iv) and
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8,600.
Odyssey Television Network Inc. v. Ellas TV Broadcasting Inc. - 2018 FC 337 - 2018-03-26
Federal Court Decisions[38] Prothonotary Aylen’s comments described in paragraph 33 encapsulated the Ellas Defendants’ dealings with the Court and with the Plaintiffs. [...] The Court will also deal with the extension of time motion later. [42] In Kornblum v Canada (Human Resources and Skills Development), 2010 FC 656, 192 ACWS (3d) 52, this Court endorsed the principle articulated in Bruce v John Northway & Son Ltd, [1962] OWN 150 (H Ct J Master), that as a general rule, once a notice of [...] It would not be fair to the Plaintiffs, nor to others who face infringement, to permit the continuance of proceedings in light of the Plaintiffs’ strong claim which entitled them to default judgment, the weakness of the defence proposed, the history of the Ellas Defendants’ delay tactics, the Ellas Defendants’ disregard of