11,312 result(s)
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8,701.
Canada (Minister of Citizenship and Immigration) v. Furman - 2006 FC 993 - 2006-08-17
Federal Court DecisionsThey get some information from Intelligence Agencies but have to depend a great deal on their personal interview. [...] In that case – also a citizenship revocation proceeding – Justice McKay was dealing with a similar fact situation. [...] La communication de l’avis peut se faire par courrier recommandé envoyé à la dernière adresse connue de l’intéressé.
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8,702.
César Nguesso v. Canada (Citzenship and Immigration) - 2015 FC 880 - 2015-07-17
Federal Court Decisions12 The content of the duty of fairness is variable and contextual; it is not abstract or absolute. [...] [90] I therefore find that procedural fairness was not violated in this case, that the process was fair and raises no apprehension of bias and that the applicant had the opportunity to participate in a meaningful way in the decision-making process. [...] [122] The case law has recognized that a decision-maker dealing with a TRP application is not required to perform an analysis of the best interests of the children as extensive as that required by an H&C application (Afridi at para 21; Marques at para 29; Stordock at para 11; Farhat at para 36).
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8,703.
Angelcare Canada Inc. v. Munchkin, Inc. - 2022 FC 507 - 2022-06-24
Federal Court DecisionsClaims construction thus aims to ensure that the patentee’s monopoly is not being extended beyond the bargain that was fairly struck. [...] As the Court explains, the adherence to the claims’ language will have the effect of promoting fairness and predictability. [...] [466] Moreover, the claims themselves that deal with the “projecting member” at Claim 1(c)(iii) of the 312 Patent and the “closure member including a projection” at Claim 1(d)(i), are fairly detailed, with the closure member and its configuration within the tube gathering mechanism of the 312 Patent described in full in 14
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8,704.
Adams v. Canada (Parole Board) - 2022 FC 273 - 2022-02-25
Federal Court Decisions[15] On December 6, 2021, the Appeal Division overturned the Parole Board’s revocation decision on the procedural fairness/fundamental justice ground. [...] These provisions give the Court the discretion to assess whether, in light of the respondent’s request, it is appropriate to deal with the matter in writing or whether oral argument is required. [...] • Questions asking Ms. Ballard for legal and policy conclusions such as her views on procedural fairness, reasonableness, effective Parole Board practice, or interpretation of Parole Board principles.
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8,705.
Benhmuda v. Canada (Citizenship and Immigration) - 2012 FC 1222 - 2012-10-19
Federal Court DecisionsWould he think that it is more likely than not that [the decision-maker], whether consciously or unconsciously, would not decide fairly” (at para 44). [...] Justice L’Heureux-Dubé held that the duty to act fairly and in a manner that does not give rise to a reasonable apprehension of bias applies to all immigration officers involved in the handling of an application, who play a significant role in the making of decisions. [...] Rather, a fair-minded person would believe that she had prejudged the case, through her reading of the file and making of several conclusions that are very similar to those reached by Officer Beaulieu.
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8,706.
Feimi v. Canada (Citizenship and Immigration) - 2012 FC 262 - 2012-02-27
Federal Court DecisionsThe Board also found that the process leading to the conviction in Greece was a fair one and that there were insufficient mitigating circumstances to support setting aside the exclusion clause of article 1F(b) of the Convention. [...] [37] The mode of prosecution and the fairness of the process are important. [...] The Board noted that the applicant was not dealing honestly with his past as he testified that he did not remember how many times and where he stabbed the deceased.
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8,707.
Richards Packaging Inc. v. Canada (Attorney General) - 2007 FC 11 - 2007-01-05
Federal Court Decisions(4) Dans toute action pendante au moment où elle est faite, aucune renonciation n’a d’effet, sauf à l’égard de la négligence ou du retard inexcusable à la faire. [...] (5) Si le breveté original meurt, ou s’il cède son brevet, la faculté qu’il avait de faire une renonciation passe à ses représentants légaux, et chacun d’eux peut exercer cette faculté. [...] As stated by the Supreme Court of Canada “[t]he scope of patent protection must not only be fair, it must be reasonably predictable” (Free World Trust v. Électro Santé Inc., 2000 SCC 66, [2000] 2 S.C.R. 1024 at para. 41).
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8,708.
Canada Post Corp. v. Canada (Minister of Public Works) - 2004 FC 1 - 2004-01-06
Federal Court Decisions[7] Section 4 of the Act deals with the right of access to government records. [...] (4) pricing, cross-subsidization and fair competition marketplace issues; [...] ¶ 43 In my opinion, it is now appropriate to recognize that, in certain circumstances, the duty of procedural fairness will require the provision of a written explanation for a decision.
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8,709.
Janssen Inc. v. Teva Canada Limited - 2016 FC 593 - 2016-05-31
Federal Court Decisions[29] Who constitutes a person “claiming under” a patentee has generated a good deal of jurisprudence in Canadian Courts. [...] None of them directly relate to Janssen Pharmaceuticals, Inc. (or its predecessors) nor do any of them deal in any specific way with Canada. [...] Furthermore, lost profits are merely a useful measure to help determine an appropriate and fair level of compensation.
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8,710.
Canada (Parks and Wilderness Society) v. Superintendent of Banff National Park - 1996-08-29
Federal Court of Appeal DecisionsFrom there, they take a fairly long gondola ride from the Bourgeau Station past a mid-station to the Sunshine Village Station at a higher elevation. [...] Section 15 deals with "proposal" which I do not believe the Goat's Eye project was in this case. [...] Heald J. did not deal with any of the phases of the Goat's Eye Mountain project on account of Joyal J.'s decision.
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8,711.
Subbiah v. Canada - 2013 FC 1194 - 2013-11-27
Federal Court DecisionsMr. Subbiah said that it was not his duty to deal with the Upper B range, but a Correctional Officer asked him to take some cleaning supplies to that range. [...] This is a novel issue dealing with the PBC’s statutory obligations relating to offender safety and privacy when releasing a parole decision. [...] [91] The evidence of the various CSC officers all indicates that assaults are fairly frequent at Kingston Penitentiary and that it is a “dangerous place”.
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8,712.
Algoma Central Corporation v. Canada - 2009 FC 1287 - 2009-12-17
Federal Court DecisionsThe policy established three categories of ports, and a strategy to deal with each type. [...] 2. Encourage fair competition based on transparent rules applied consistently across the marine transport system; [...] Part II of the Act deals with the second and third categories of ports identified in the National Marine Policy.
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8,713.
Stanfield v. Canada (Minister of National Revenue) - 2005 FC 1010 - 2005-07-21
Federal Court DecisionsBoth were drafted by persons in Audits without input from Investigations, with the exception of the second paragraph of the letter dealing with the criminal investigation, which was drafted by Mr. Fleming. [...] In all fairness to Mr. Kuhn, who had been seconded to Investigations from Audits, the Court notes that he had perceived this reality and wanted to correct it. [...] It is clear from the evidence that the flow of information was fairly constant between the two divisions in 2002.
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8,714.
Thomson v. Canada - 2003 FCT 83 - 2003-01-27
Federal Court DecisionsIs that fair to say?" Mr. Thomson answered "Yes, it has to be retroactive"; [...] [150] I now deal with the last issue. The defendant asserts the plaintiffs are out of time to bring this action which was commenced on December 5, 1997. [...] [164] I am not going to order an accounting because that issue relates to damages which I am not to deal with.
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8,715.
Canada (Chief Electoral Officer) v. Callaghan - 2011 FCA 74 - 2011-02-28
Federal Court of Appeal DecisionsPublic confidence in a fair electoral process depends on the actual and perceived neutrality of the office. [...] [27] These letters followed a series of communications among the CEOC’s office (including members of his audit team), the official agents for the various campaigns that had participated in the RMB, and Party officials, who assumed primary responsibility for dealing with the CEOC on the in-and-out transactions and the RMB. [...] However, with respect to the candidate’s electoral campaign return the Judge found that the “fair market value of the deemed election expenses” was the sum of the amounts paid by the campaign and a non-monetary contribution made by the Party.
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8,716.
Bridgeview Manufacturing Inc. v. 931409 Alberta ltd. (Central Alberta Hay Centre) - 2009 FC 50 - 2009-01-20
Federal Court DecisionsSuch a person would know that a crop material processor relates to a device generally intended for dealing with bales of fibrous crop material. [...] Q. And it's fair to say that the right-hand discharge aspect was really collateral to the purpose of the gearbox, right? [...] The public is [page1054] entitled to rely on the words used provided the words used are interpreted fairly and knowledgeably.
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8,717.
Eli Lilly Canada Inc. v. Apotex Inc. - 2008 FC 142 - 2008-02-05
Federal Court DecisionsThe public is entitled to rely on the words used provided the words used are interpreted fairly and knowledgeably. [...] The public is entitled to rely on the words used provided the words used are interpreted fairly and knowledgeably. [...] These papers both deal with certain benzothiophenes and their antiestrogen activity not osteoporosis or bone loss.
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8,718.
Eli Lilly and Company v. Apotex inc. - 2009 FC 991 - 2009-10-01
Federal Court DecisionsClaim 9 is dependent on claim 8 and deals with a specific substituted amino. [...] This will be explained in more detail in my reasons dealing with the counterclaim. [...] [N]otions of commercial fairness favoured an award of compound interest, as did the principle of restitutio in integrum.
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8,719.
Acikgoz v. Canada (Public Safety and Emergency Preparedness) - 2022 FC 772 - 2022-05-27
Federal Court Decisions• a) Did the IAD breach procedural fairness by not identifying areas of concern in order to give Ms. Acikgoz the opportunity to address them? [...] Regarding the procedural fairness issue, no particular standard of review applies, and the central question is whether the procedure was fair having regard to all of the circumstances, and more specifically, whether the applicant “knew the case to meet and had a full and fair chance to respond” (Canadian Pacific Railway [...] A. The IAD did not breach procedural fairness principles [29] The IAD found that Ms. Acikgoz’s testimony regarding her husband’s employment was “vague and general.” Ms. Acikgoz submits that, during the hearing, she answered all questions to the best of her ability, and that if the panel had further questions, it should have
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8,720.
Kerry (Canada) Inc. v. Canada (Attorney General) - 2019 FC 377 - 2019-03-27
Federal Court Decisions[25] Kerry Canada submits that the Decision was unreasonable and that its right to procedural fairness was breached by the Minister’s refusal to reassess its 2002 and 2003 taxation years. [...] In my view, Kerry Canada’s arguments regarding procedural fairness and legitimate expectations are substantive in nature and are best characterized as arguments questioning the reasonableness of the Decision and not the process followed in arriving at the Decision. [...] Parliament has set up a complex structure to deal with a multitude of tax-related claims and the structure relies on an independent and specialized court, the Tax Court of Canada.
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8,721.
Bodine v. The Queen - 2010 TCC 426 - 2010-08-24
Tax Court of Canada Judgmentsproperty from a taxpayer who was, immediately after that time, a member of the partnership, the partnership shall be deemed to have acquired the property at an amount equal to its fair market value at that time and the taxpayer shall be deemed to have disposed of the property for proceeds equal to that fair market value. [...] In fairness, the Appellant testified that Mr. Chaney discussed “everything” with him, including the citrus farm operation. [...] ww) as at November 9, 2000, the fair market value of Parcel 6 was US $6,781,387.50;
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8,722.
Umba v. Canada (Minister of Citizenship and Immigration) - 2004 FC 25 - 2004-01-09
Federal Court Decisions(b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe; [...] This undoubtably enables the Board to rely on judicial notice on condition, naturally, that the rules of procedural fairness are respected. [...] c) de faire bénéficier ceux qui fuient la persécution d'une procédure équitable reflétant les idéaux humanitaires du Canada;
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8,723.
TMR Energy Ltd. v. State Property Fund of Ukraine - 2003 FC 1517 - 2003-12-23
Federal Court DecisionsExpropriation is a fairly strong and specific word, even taking into account difficulties in interpretation. [...] Le créancier de l'usufruitier peut faire saisir et vendre les droits de celui-ci, sous réserve des droits du nu-propriétaire. [...] The State of Ukraine and Antonov do not deal at arms' length with each other: the latter is wholly owned by the former.
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8,724.
Aldarwish v. Canada (Citizenship and Immigration) - 2019 FC 1265 - 2019-10-09
Federal Court DecisionsThey raise issues of fairness to be considered on a correctness standard. [...] Both categories of fairness issues generally attract a correctness standard. [...] First, dealing with the threshold required proving a fact, the RAD did not speak of possibilities.
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8,725.
Canada (Attorney General) v. Chad - 2018 FC 556 - 2018-05-29
Federal Court Decisions[15] On April 24, 2018, following a Case Management Conference held the previous day, I ordered that an ex parte hearing take place to deal with ex parte evidence and submissions as well as to question Ms. Sandhu on her affidavit sworn April 5, 2018. [...] Considerations of fairness must radiate throughout every step of the section 37 proceedings. [...] Canadians believe in a system of taxation, where CRA can audit taxpayers fairly and effectively.