11,312 result(s)
-
8,676.
Sangha v. Mackenzie Valley Land and Water Board - 2007 FC 856 - 2007-08-31
Federal Court Decisions• [12] On January 28, 2002, Dr. Sangha contacted the North West Territory Fair Practices Office to make a complaint that he had been discriminated against in having not being hired by the Board. [...] Because it lacked jurisdiction to deal with the complaint, the North West Territory Fair Practices Office forwarded the complaint to the Canadian Human Rights Commission (the Commission). [...] The interview scores are meant to provide an objective ranking of candidates in order to overcome personal reactions and ensure that a fair and objective ranking is obtained.
-
8,677.
Bay Rest Bedding Co. Ltd. v. Bedford Furniture Industries Inc. - 2001 FCT 31 - 2001-02-06
Federal Court Decisions(2) L'emploi d'une marque de commerce crée de la confusion avec une autre marque de commerce lorsque l'emploi des deux marques de commerce dans la même région serait susceptible de faire conclure que les marchandises liées à ces marques de commerce sont fabriquées, vendues, données à bail ou louées, ou que les services liés [...] (3) L'emploi d'une marque de commerce crée de la confusion avec un nom commercial, lorsque l'emploi des deux dans la même région serait susceptible de faire conclure que les marchandises liées à cette marque et les marchandises liées à l'entreprise poursuivie sous ce nom sont fabriquées, vendues, données à bail ou louées, [...] In dealing with this matter Rinfret, C.J.C., in Dastous and Rose Canned Food Products v. Mathews-Wells Co., Ltd., 12 C.P.R. 1 at p. 6-7, 10 Fox Pat. C. 1, [1950] S.C.R. 261 said:
-
8,678.
Merck Frosst Canada & Co. v. Canada (Minister of Health) - 2000-05-03
Federal Court 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 [...] However, this Court did not deal with this argument in its reasons as such was not necessary.
-
8,679.
Capital Records v. Canada - 2000-03-16
Federal Court DecisionsAs an aid to interpretation, the Minister has published Memorandum ET 202 ... on Values for Tax and a further Guidelines for Fair Price Cases Under Section 34 of the Excise Tax Act ... . [...] Section 34, which is not relevant on the facts of this matter, enables the Minister to determine a "fair price" where in his or her opinion the price at which goods are sold is less than a "fair price". [...] The former official and current official were intimately involved in the dealings of Capitol Records and Kensington with Revenue Canada.
-
8,680.
Davis v. Canada (Royal Mounted Police) - 2023 FC 280 - 2023-02-28
Federal Court Decisionssubject to an administrative investigation; the RCMP withheld information; she was denied accommodation for her disability; there was a unilateral change of her contract; she suffered harm to her reputation; harassment; discrimination; and her numerous attempts at resolution were affected by issues of procedural fairness. [...] I usually deal with this by asking the other person to read and then say what I meant it to read. [...] The Associate Judge then informed the Plaintiff that she, as the decision maker, was obliged to deal with what was contained in the Statement of Claim.
-
8,681.
4432002 Canada Inc. v. The Queen - 2022 TCC 101 - 2022-09-07
Tax Court of Canada JudgmentsHowever, the maximum amount must be set at the fair market value of the assets and there must be a reasonable expectation at the time of the disposition of the business that the profitability conditions will be met. [...] Another point that I would like to submit to you, Madam Justice, is that notwithstanding the wording used in the Deed of Assignment agreement and the Deed of Settlement agreement, we are not dealing with what could be called an earn-out clause; we are dealing with what could be called a reverse earn-out clause. [...] The CRA recently confirmed that paragraph 12(1)(g) does not apply “where the sale price of property is originally set at a maximum which is equivalent to the fair market value of the property at the time of the sale and which can be subsequently decreased if certain conditions related to production or use are not met in the
-
8,682.
Airzone One Ltd. v. The Queen - 2022 TCC 29 - 2022-02-21
Tax Court of Canada JudgmentsIt may be uncertain whether the objective can be achieved at all; or the claimant may be fairly confident that the goals can be achieved, but it is uncertain which of several alternatives will work. [...] As such the legislation dealing with such incentives must be given "such fair, large and liberal construction and interpretation as best ensures the attainment of its objects" (Interpretation Act, section 12). [...] However, the presence of high hydrocarbon levels in the samples interfered with the flame photometric detector’s ability to measure the RSCs. Additionally, Airzone was not measuring a single RSC. It was dealing with a suite of 18 different RSCs that it needed to measure at once.
-
8,683.
Sea Tow Services International, Inc. v. Trademark Factory International Inc. - 2021 FC 550 - 2021-06-04
Federal Court DecisionsDealing first with this issue, and as mentioned above, I agree with Sea Tow’s position that the wording “membership services, namely, ...” applies to all of the services (1) that follow such wording, for several reasons. [...] Thus, a fair reading of the “travel services, namely rental car and hotel discount services” is that such services fall within membership services. [...] The affidavit itself contains a screen shot with the heading “National Deals” in connection with a discount on Budget car rentals for SEA TOW members, including Canadian members.
-
8,684.
Solis Mendoza v. Canada (Citizenship and Immigration) - 2021 FC 203 - 2021-03-04
Federal Court DecisionsThere, the Court adopted a new approach to evaluation of the adequacy of an administrative tribunal’s reasons in holding that the provision of inadequate reasons does not amount to a denial of procedural fairness, provided some reasons are given. [...] In so ruling, the Court overturned previous authorities which indicated that failure to provide adequate reasons amounts to a denial of procedural fairness. [...] J], and for another example see Justice Russell in Olalere v Canada (Minister of Citizenship and Immigration), 2017 FC 385 [Olalere] who addressed the importance of dealing with a psychological report in an IFA analysis: “[59] In my view, the RAD’s failure to deal with this evidence renders the Decision unreasonable.”
-
8,685.
Brake v. Canada (Attorney General) - 2018 FC 484 - 2018-05-08
Federal Court DecisionsFor example, a multiplicity of judicial review proceedings, which a class action might avoid, might also be avoided if the parties agree to treat one judicial review as a test case for other judicial reviews dealing with the same issue. [...] (i) would fairly and adequately represent the interests of the class, [...] (d) Is a Class Action the Preferable Procedure for the Fair and Efficient Resolution of the Common Questions of Law or Fact?
-
8,686.
AGF Steel Inc. v. Miller Shipping Limited - 2016 FC 461 - 2016-04-22
Federal Court DecisionsThere will be no genuine issue requiring a trial when the judge is able to reach a fair and just determination on the merits on a motion for summary judgment. [...] ... That said, in the context of legislation dealing with the rights and obligations of common carriers and which implements international rules, I am satisfied that this expression [contract for the carriage of goods by water] would not and should not be understood to include charter-parties. [...] Charter-parties are contracts between commercial entities dealing directly with each other, whose execution and enforcement are the private concern of the contracting parties.
-
8,687.
Kanthasamy v. Canada (Citizenship and Immigration) - 2014 FCA 113 - 2014-05-02
Federal Court of Appeal Decisions[19] The Federal Court considered that subsection 25(1.3) introduced some uncertainty concerning what exactly is to be considered when dealing with applications for humanitarian and compassionate grounds under subsection 25(1) of the Act. Accordingly it certified the following question: [...] Administrative guidelines are desirable when dealing with a provision such as this, as they promote consistency in decision-making: Hawthorne, supra; Eng v. Canada (Minister of Citizenship and Immigration), 2011 FC 596. [...] Overall, the Officer considered that “insufficient evidence was presented to satisfy [her] that the applicant will be targeted by the security forces.” In a fairly detailed passage, the Officer concluded the following:
-
8,688.
Apotex Inc. v. Pfizer Canada Inc. - 2013 FC 493 - 2013-05-10
Federal Court Decisions[35] As Apotex’s second objection also applied to evidence from Pfizer’s expert, Dr Jerry Atwood, I will deal with it below. [...] Omark deals specifically with testing done during the trial – pendente lite (at para 204). [...] [40] The rule, or practice, articulated in Omark is intended to ensure fairness between the parties (Merck & Co Inc v Apotex Inc, 2003 FC 1242, at para 7).
-
8,689.
Potash Corporation of Saskatchewan Inc. v. The Queen - 2012 TCC 235 - 2012-06-29
Tax Court of Canada Judgments[23] This is what I am faced with in accepting the Affidavit and its inclusions for consideration in my dealing with this Motion for enhanced costs. [...] As found by the Ontario Court of Appeal in Boucher v. Public Accountants Council for the Province of Ontario[12] the objective is to fix an amount that is fair and reasonable for the unsuccessful party to pay in the circumstances. [...] [4] See CIBC World Markets at paragraph 3 where the Federal Court of Appeal in dealing with an offer on a motion for enhanced costs said: “CIBC World Markets’ offer had no expiry date.
-
8,690.
Canadian Generic Pharmaceutical Association v. Canada (Health) - 2011 FC 465 - 2011-04-15
Federal Court DecisionsIt is fair to say, however, that they do not clearly exclude such recognition. [...] One case, Ontario Association of Architects v. Association of Architectural Technologists of Ontario, 2002 FCA 218, does not even discuss the issue of public interest standing but rather deals with the right of appeal in the context of section 56 of the Trade-marks Act, R.S.C. 1985, c. T-13. [...] Accordingly, it was granted standing to bring a declaratory action that the Canadian Public Accountability Board is subject to rules of natural justice and that the Board’s structure does not meet the requirements of natural justice and procedural fairness.
-
8,691.
Fédération des communautés francophones et acadienne du Canada v. Canada (Attorney General) - 2010 FC 999 - 2010-10-06
Federal Court DecisionsOf these ten (10) questions, three (3) will deal with Canada’s official languages. [...] 2. If yes, what are the fair and appropriate remedies in view of the circumstances? [...] The document in question deals with the census and NHS issue. The Attorney General objected to its filing.
-
8,692.
Canada v. Manuge - 2009 FCA 29 - 2009-02-03
Federal Court of Appeal Decisions[9] Before dealing with the crux of the issue in this appeal, a brief summary of the facts and the history of the proceedings is necessary. [...] This is a fairly usual practice under private or public insurance plans. [...] [66] In this case, we are dealing with a well-defined question of law that requires little evidence to decide.
-
8,693.
Jessamy v. Canada (Citizenship and Immigration) - 2009 FC 20 - 2009-01-07
Federal Court Decisions[34] Issue (3) raises issues of procedural fairness and should be reviewed on a standard of correctness: Sketchley v. Canada (Attorney General), [2005] F.C.J. No. 2056; Rahman v. Canada (Minister of Citizenship and Immigration), [2006] F.C.J. No. 1661; Suresh v. Canada (Minister of Citizenship and Immigration), [2002] 1 [...] [56] The Respondent states that the only exception to this rule is that new evidence is permissible on judicial review to show a denial of natural justice or a breach of procedural fairness: Beci v. Canada (Minister of Citizenship and Immigration), [1997] F.C.J. No. 584 and Qazi v. Canada (Minister of Citizenship and [...] The Applicants say there is a significant difference because the DOS report simply deals with the framework of protective measures and not effectiveness and implementation, while the Response to Information Request deals with effectiveness and directly challenges the DOS conclusions that there is a protective framework in
-
8,694.
Jayasekara v. Canada (Citizenship and Immigration) - 2008 FCA 404 - 2008-12-17
Federal Court of Appeal Decisions[34] The concept of “sentence served” remains relevant to the issue of admissibility to Canada by reason of paragraph 36(3)(c) of the IRPA which deals with rehabilitation. [...] This is to be contrasted with paragraph 101(2)(a) which deals with inadmissibility by reason of a conviction in Canada. [...] [46] I should add for the sake of clarity that Canada, like Great Britain and the United States, has a fair number of hybrid offences, that is to say offences which, depending on the mitigating or aggravating circumstances surrounding their commission, can be prosecuted either summarily or more severely as an indictable
-
8,695.
Pillai v. Canada (Citizenship and Immigration) - 2008 FC 1312 - 2008-11-25
Federal Court DecisionsIt is true that artful pleaders can find any number of errors when dealing with decisions of administrative tribunals. [...] In the case at hand, the Officer was not dealing with family separation since, if removed, the entire family would travel to Sri Lanka. [...] But in fairness, the applicants presented little in the way of submissions or evidence to demonstrate why unusual and undeserved or disproportionate hardship would result if the children were to accompany their parents back to Lebanon.
-
8,696.
Imperial Oil Resources Limited v. Canada (Attorney General) - 2008 FC 1037 - 2008-09-17
Federal Court DecisionsIt negotiated and signed a deal that included multiple variables, some to Imperial’s advantage and some to Alberta’s, but none of which can fairly be isolated from the rest and characterized separately. [...] (B) in order to achieve a benefit or advantage for the payer or for persons with whom the payer does not deal at arm’s length, or [...] (a) amounts receivable and the fair market value of any property receivable by the Crown as a royalty, tax, rental or levy with respect to the Syncrude Project, or as an amount however described, that may reasonably be regarded as being in lieu of any of the preceding amounts;
-
8,697.
Canada v. Baxter - 2007 FCA 172 - 2007-04-30
Federal Court of Appeal Decisionsa. in correspondence dated October 8, 1998 (an “Appraisal”), EMC Partners advised that the fair market value of the $10,000 TIP licence was in excess of $15,000 and that the Trafalgar Index Program constituted a Class 12 asset for the purposes of the ITA and the Income Tax Regulations, C.R.C., c. 945 (the “ITR”); [...] (ii) the total of all amounts each of which is the amount of any prescribed benefit that is expected to received or enjoyed, directly or indirectly, in respect of the interest in the property by the person or another person with whom the person does not deal at arm’s length, [...] [61] Having reached the decision that the TIP licences that were marketed by or on behalf of TCL Trafalgar, including the TIP licence that was acquired by Mr. Baxter constituted tax shelters, it is unnecessary to deal with this issue.
-
8,698.
Charette v. Commissioner of Competition - 2003 FCA 426 - 2003-11-14
Federal Court of Appeal Decisions(e) the refusal to deal is having or is likely to have an adverse effect on competition in a market, [...] (a) to limit unduly the facilities for transporting, producing, manufacturing, supplying, storing or dealing in any product, [...] The Supreme Court of Canada decision in Maple Lodge Farms Ltd. v. Canada, [1982] 2 S.C.R. 2 suggests that in making this discretionary decision, the Commissioner simply must not act in bad faith, rely on considerations irrelevant to the Act's purpose or violate the principles of procedural fairness.
-
8,699.
Grove Acceptance Ltd. v. The Queen - 2002-10-30
Tax Court of Canada JudgmentsIn this particular case, the split of the use of the building was fairly close. [...] [26] We are, in this case, dealing with a situation where there is a 20 percent split. [...] So we are talking about a fairly substantial amount and a certainly substantial difference from the Burger King decision.
-
8,700.
Moktari v. Canada (Minister of Citizenship and Immigration) - 2001-01-30
Federal Court Decisions[35] As the remaining issues are intertwined, I shall deal with them together. [...] 15. Is the Minister's direction preventing the Applicant from leaving Canada voluntarily and choosing a country to which he may deport a decision made contrary to the duty of fairness and principles of fundamental justice? [...] In dealing with a similar argument in Farhadi v. M.C.I., supra, Gibson J. made the following remarks at paragraphs 18 through 24 (pages 328-30):