11,312 result(s)
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8,726.
Productions Espace vert VIII inc. (Mission Gibbons à Bornéo) v. Canada (Canadian Heritage) - 2011 FC 1522 - 2011-12-28
Federal Court Decisions3. Where issues of natural justice, fairness and bias arise, the standard is one of proper adherence to those principles; and [...] We will deal with both issues together, since they are intrinsincally linked in this matter. [...] Procedural fairness and reasonableness of the decision [90] The sequence of events is of particular importance in this matter as it allows the Court to determine whether the parties fulfilled their respective obligations and respected the rules of procedural fairness.
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8,727.
Superior Plus Corp. v. The Queen - 2015 TCC 132 - 2015-05-22
Tax Court of Canada JudgmentsThe memorandum was produced in response to a request that the Crown provide “all correspondence and memoranda within head office, the district office, and between head office and the district office, giving instructions or dealing with their advisement on the GAAR issue.” [...] Therefore it is only fair that the Appellant be granted access to the Refused Documents similar to that which was afforded Ms. Jina. [...] The law then says that in fairness and consistency, it must be entirely waived.
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8,728.
Janssen Inc. v. Teva Canada Limited - 2015 FC 247 - 2015-02-26
Federal Court DecisionsFor the reasons that follow, it is only necessary to deal with the issue of obviousness. [...] The test is whether there would be a fair expectation of success: see Apotex v Pfizer, 2009 FCA 8 at para 8, [2009] 4 FCR 223. [...] My understanding is, it would be obvious that you could try it, but if it actually worked, you would have to test it to make sure that it worked; is that fair?
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8,729.
Abi-Mansour v. Canada (Foreign Affairs) - 2013 FC 1170 - 2013-11-18
Federal Court DecisionsIssue a) Breach of procedural fairness Applicant’s arguments [57] The applicant makes various claims throughout his memorandum, suggesting that the respondent or the PSST committed breaches of procedural fairness. [...] [60] The respondent disagrees that there was a breach of procedural fairness. [...] [80] Based on the evidence on record and the parties’ arguments, the Court is of the view that the PSST did not breach its duty of fairness.
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8,730.
Schwarz Hospitality Group Ltd. v. Canada (Minister of Canadian Heritage) - 2001 FCT 112 - 2001-02-23
Federal Court DecisionsThe principle developed in these cases is simply an extension of the rules of natural justice and procedural fairness. [...] Our court has held that, in Canada, this doctrine is part of the doctrine of fairness or natural justice, and that it does not create substantive rights:... . [...] If the claimant has a legitimate expectation that a certain procedure will be followed, this procedure will be required by the duty of fairness: ... .
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8,731.
Marino v. The Queen - 2020 TCC 50 - 2020-07-10
Tax Court of Canada Judgments[38] If the non-resident is liable to Canadian tax in the year, the rules in the Act dealing with taxation years apply and section 250.1 serves no purpose. [...] Therefore, the deductions were moved from Division B of Part I, which deals with the computation of income, to Division E of Part I which deals with the computation of tax. [...] Subsection 18.15(3) of the Tax Court of Canada Act provides that an appeal under the informal procedure is to be “dealt with by the Court as informally and expeditiously as the circumstances and considerations of fairness permit”.
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8,732.
100193 P.E.I. Inc. v. Canada - 2015 FC 932 - 2015-07-30
Federal Court Decisions[38] I will deal with the issue of whether there are material facts in dispute shortly below in addressing the remaining issues. [...] [39] The Plaintiffs argue there are material issues of fact regarding whether the Defendant breached its agreement to pay fair market value for licences before allocating any share in the TAC to First Nations. [...] That deal ultimately fell through despite agreement from the P.E.I. fishers.
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8,733.
Lundbeck Canada Inc. v. Canada (Health) - 2009 FC 146 - 2009-02-25
Federal Court Decisions[1] These three applications deal with two words not in every day use; enantiomers and racemates. [...] c. The claims are to be read in an informed and purposive way to permit fairness and predictability and to define the limits of the monopoly. [...] The fact of the matter is that not one of them had ever attempted to resolve citalopram, and it is now a fairly straightforward task.
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8,734.
Canada (Canadian Heritage) v. Mikisew Cree First Nation - 2004 FCA 66 - 2004-02-13
Federal Court of Appeal Decisions(1) A treaty should be given a fair, large and liberal construction in favour of the Aboriginal signatories. [...] (3) As the honour of the Crown is always involved, no appearance of "sharp dealing" should be sanctioned. [...] [130] I will deal first with the Sparrow test for prima facie infringement.
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8,735.
Bajwa v. Canada (Immigration, Refugees and Citizenship) - 2017 FC 202 - 2017-02-21
Federal Court DecisionsWas the Visa Officer’s decision made with procedural fairness? V. STANDARD OF REVIEW [...] And interviews and/or fairness letters are not required in most situations. [...] [81] Having found the Decisions were procedurally unfair, it is not necessary to deal with reasonable apprehension of bias.
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8,736.
Comité Interprofessionnel du Vin de Champagne v. Coors Brewing Company - 2024 FC 169 - 2024-02-28
Federal Court Decisions[62] In using the assignment date as the starting point, the Registrar (and the other hearing officers dealing with these other cases) were acting in a manner consistent with Scott Paper itself. [...] Even if the Registrar did not explicitly quote from the fourth element of the Scott Paper test, a fair reading of the decision confirms that she focused on the proper issue, which is whether there were special circumstances that excused the non-use of the Marks. [...] [91] In conclusion, the Registrar stated “I find that a fair review of the whole of the [Respondent’s] evidence is sufficient to show special circumstances excusing the absence of use of the Subject Trademarks as required by section 45(3) of the Act.”
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8,737.
Stackhouse v. The King - 2023 TCC 156 - 2023-11-08
Tax Court of Canada JudgmentsParagraph c) would require the judge to determine what persons dealing at arm’s length would do in this particular situation. [...] A common area where this arises is with respect to issues of fair market value (“FMV”). [...] Unfortunately, the Tax Court of Canada is not a court of equity,[47] and I must apply the law as it is written without regard to the fairness of the result.[48]
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8,738.
Corey Bessner Consulting Inc. v. Core Consultants Realty Inc. - 2020 FC 224 - 2020-02-11
Federal Court Decisions[32] As stated above, the parties have agreed to deal with this action as a summary trial in accordance with Rules 213-219 of the Federal Courts Rules, SOR/98-106 (Rules). [...] All leads must be referred between our firms. 25% sounds like an incentivizing referral fee, but we can also do it on deal by deal basis. [...] In fairness to Mr. Abramovitz, it is difficult to pinpoint the degree to which Mr. Bessner’s concerns were made clear to him.
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8,739.
The National Life Assurance Company of Canada v. The Queen - 2006 TCC 551 - 2006-10-13
Tax Court of Canada JudgmentsThe investment risk flows through to the policyholder which is different from general fund contracts although the segregated fund contracts I am dealing with provide for minimum guarantee benefits on death or maturity. [...] The argument suggests that 1406(b) must be seen as dealing with all components of the PPM and since the subcomponent (ii) amount is not expressly excluded from the exclusion, it must be included as an excluded amount. [...] [17] It is fair in my view to rephrase the reduction of a reserve by projected future profits as having the affect of taxing projected future profits in this case.
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8,740.
Canamould Extrusions Ltd. v. Driangle Inc. - 2003 FCT 244 - 2003-02-26
Federal Court DecisionsThe public is entitled to rely on the words used provided the words used are interpreted fairly and knowledgeably. [...] Indeed, as I have already held, we are dealing here with an invention that lies in the combination . . . [...] Now, although it is permissible to mosaic in the matter of inventiveness, great caution should be used in dealing with the combination.
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8,741.
Allen v. The Queen - 2000-05-15
Tax Court of Canada JudgmentsHe believed that it was fair to divide it 50-50. He did not adjust the $310,000.00 figure. [...] [114] The Appellants in the case at bar were not dealing with the Company at arm’s length. [...] They were dealing with their own money. The Company was an extension of themselves.
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8,742.
Zhang v. Canada (Citizenship and Immigration) - 2020 FC 927 - 2020-09-24
Federal Court Decisions• 1) Was the joint submission for a stay of removal fairly regarded? [...] A. Fair consideration of the joint submission [27] The Applicant’s challenge to the Board’s fair treatment of the joint submission made with the Attorney General is without merit. [...] [33] In dealing with the issue of whether or not to grant a stay, the IAD stated that “[s]tays of deportation are, by their very nature, special relief.
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8,743.
Winkler v. Hendley - 2021 FC 498 - 2021-05-27
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. [...] However, these complexities do not prevent a fair and just determination of this case on its merits. [...] In the circumstances of a motion that took months to prepare—all while the podcast was apparently available online—this would not be fair to the defendants.
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8,744.
Ecology Action Centre v. Canada (Environment and Climate Change) - 2021 FC 1367 - 2021-12-13
Federal Court DecisionsIt restricted and prohibited their dealings with certain property for up to five years. [...] These allegations challenge the procedural fairness of the Committee’s work. [...] They contend this secret memorandum amounted to a breach of procedural fairness.
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8,745.
Gaya v. Canada (Public Safety and Emergency Preparedness) - 2020 FC 731 - 2020-06-30
Federal Court DecisionsHowever, the Appellant warns that a failure to provide such a substantial substitute effectively guts an individual’s right to a fair judicial process. [...] Only then will the designated judge have the necessary facts and law to render a fair decision. [...] In fact, as I have learnt in my nearly two decades of experience as a designated judge, we are often called upon to deal with issues that relate to both the disclosure of information and the merits of a decision at the same time.
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8,746.
McLeish v. Canada (Public Safety and Emergency Preparedness) - 2020 FC 705 - 2020-06-18
Federal Court Decisions[66] In Sharma, the key issue was whether the duty of procedural fairness required that the applicant receive a copy of the section 44 Report. [...] It is not the function of the immigration officer, when deciding whether or not to prepare a report on inadmissibility based on paragraph 36(2)(a) grounds, or the function of the Minister’s delegate when he acts on a report, to deal with matters described in sections 25 (H&C considerations) and 112 (Pre-Removal [...] As noted in Lin, the purpose of inviting submissions is to ensure procedural fairness by giving the permanent resident or foreign national an opportunity to provide information relevant to their status.
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8,747.
Lepage v. Canada - 2017 FC 1136 - 2017-12-13
Federal Court DecisionsI keep asking to have it x-rayed, MRI or PET scanned or whatever to deal and see what damaged so it can be properly treated... [...] The balance between procedure and access struck by our justice system must come to reflect modern reality and recognize that new models of adjudication can be fair and just. [...] Lawyers should consider their client’s limited means and the nature of their case and fashion proportionate means to achieve a fair and just result.
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8,748.
Odosashvili v. Canada (Citizenship and Immigration) - 2017 FC 958 - 2017-10-26
Federal Court DecisionsJustice Zinn found that the Applicant’s detention review had not been conducted fairly. [...] A. Procedural Fairness Issues (1) The Al Jazeera Video [15] At the hearing of this application, counsel for the Applicant raised an issue he categorizes as one of procedural fairness. [...] Fairness does not require it be admitted. [28] The motion is denied.
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8,749.
Yared Belay v. Canada (Citizenship and Immigration) - 2016 FC 1387 - 2016-12-16
Federal Court DecisionsIn that limited respect, they will be discussed in the analysis of the procedural fairness complaints raised by the Applicant. [...] [45] The RPD preferred the evidence in the NDP—which is 76 pages long and deals solely with the conditions at the Maekelawi prison—because it had a variety of sources, a solid research methodology and a lack of interest in the outcome. [...] [58] In conclusion, the RPD’s decision-making was procedurally fair and the Decision is reasonable.
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8,750.
Higbogun v. Canada (Citizenship and Immigration) - 2010 FC 445 - 2010-04-23
Federal Court DecisionsIn some cases it will be appropriate to consider whether claimants should be allowed to have the option of providing their testimony outside the hearing room by affidavit or by videotape, or in front of members and refugee claims officers specifically trained in dealing with violence against women. [...] Elles peuvent également se faire attribuer des opinions politiques en raison des activités des membres de leur famille. [...] [27] The RPD did not examine the Applicant’s evidence in a fair way.