11,312 result(s)
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8,751.
Zündel, Re - 2003 FC 1089 - 2003-09-22
Federal Court DecisionsWould he think that it is more likely than not that [the decision-maker], whether consciously or unconsciously, would not decide fairly. [...] [9] Another decision which deals specifically with the concept of reasonable apprehension of bias is that of R. v. R.D.S., [1997] 3 S.C.R. 484 [R.D.S.]. [...] MR. CHRISTIE: Really, my lord, I have been fairly patient, but this is a bail hearing.
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8,752.
University of Saskatchewan v. Sissons - 2001 FCT 134 - 2001-03-01
Federal Court DecisionsA great deal of confusion would result if we were to change this name. [...] Those affected may be more likely to feel they were treated fairly and appropriately if reasons are given ... [...] [60] The reasons provided in this case were inadequate, and constituted a denial of procedural fairness to the applicant.
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8,753.
Cribb-McKeown v. The Queen - 1998-04-09
Tax Court of Canada JudgmentsIn both instances, the Minister proceeded on the assumption that the fair market value of the residence on October 12, 1990 was $657,500. [...] The third deals with the period of time following Cribb’s death and the various steps taken by the Appellant and her solicitors to resolve the Midland lawsuit. [...] (a) The Appellants, Cribb and 560233, both took the position that the fair market value of the residence on or about October 12, 1990 was substantially less than the amount of $657,500 assumed by the Minister in making his assessment.
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8,754.
Kobold Corporation v. NCS Multistage Inc. - 2021 FC 1437 - 2022-01-07
Federal Court DecisionsIt further notes that summary judgment provides a mechanism to ensure a fair balance between expediency and a just resolution of disputes: Canmar Foods Ltd v TA Foods Ltd, 2021 FCA 7 at para 23. [...] [76] Subsections 56(6) and 56(9) deal with the use of a purchased article or service. [...] These subsections protect third parties whereas subsection 1 is directed to those with whom the third parties are dealing.
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8,755.
Simser v. Canada - 2004 FCA 414 - 2004-12-07
Federal Court of Appeal Decisionsc) a l'intention de suivre, à temps plein ou partiel, les cours d'un tel établissement, pour cette période d'études, s'il a les moyens financiers pour le faire. [...] [59] Before dealing with the first branch of the Law, supra, test, a few comments are in order. [...] The Tax Court Judge deals with this point at paragraph 84 of his Reasons and he gives, inter alia, the example of students with dependent children:
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8,756.
Morneault v. Canada (Attorney General) - 1998-04-27
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; [...] I have chosen to deal with this argument in the context of the assessment of the evidentiary basis of the Commission's decision because I think it more logically pertains thereto. [...] For example, I note that while Brigadier-General Beno states in this document that after exercise Stalwart Providence the Regiment was "not trained sufficiently to deal with task specific missions" and that it was "marginally prepared for its operational task", in his evidence before the DeFaye Inquiry he said:
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8,757.
Bank of Montreal v. Li - 2020 FCA 22 - 2020-01-24
Federal Court of Appeal Decisions[16] Part III of the Code deals with standard hours of work, wages, vacations and holidays. [...] Indeed, section 12 of the Interpretation Act, R.S.C. 1985, c. I-21, prescribes that every enactment is deemed remedial and shall accordingly be given “such fair, large and liberal construction and interpretation as best ensures the attainment of its objects”. [...] There was, however, no provision equivalent to subsection 168(1) of the Code in the chapter of the CCLC dealing with the discharge of certain debtors.
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8,758.
Apotex Inc. v. Pfizer Canada Inc. - 2019 FCA 16 - 2019-01-25
Federal Court of Appeal DecisionsHe held that “Pfizer may not split its case by declining to deal with the merits of an issue in its memorandum and then dealing with that issue in oral reply at the end of the hearing.” (Reasons at para. 382). [...] But more specifically, a fair reading of the Federal Court Judge’s decision shows that his analysis is grounded in the fact that Form I ODV succinate itself is not obvious (Reasons at para. 303). [...] The foregoing deals with the salts. The situation regarding crystals is, if anything more complex, and further from the capabilities of the unimaginative uninventive [s]killed [p]erson in my respectful view, based on the experience of Dr. Park which I have accepted and that of Dr. Myerson referred to at para 234 above.
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8,759.
Jean Pierre v. Canada (Immigration and Refugee Board) - 2018 FCA 97 - 2018-05-23
Federal Court of Appeal Decisionsare matters reserved to the employer and that neither the Board nor the Court should substitute their views for the former’s. As a result, the Board found that it did not have jurisdiction to decide if the requirement of at least twelve months experience acquired in the past five years was fair: Reasons at para. 57. [...] [62] In the end, the Board did not rely upon the distinctions drawn by the employer but rather based its conclusion upon the PRRA officer’s position description which stated that a PRRA officer was required to decide if it was necessary to hold a hearing to deal with issues of credibility or other complex questions which [...] This provision can be compared to sections 15 and16 of the IRPA dealing with examinations in the context of Part 1 of that Act, which deals with immigration to Canada.
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8,760.
744185 Ontario Incorporated (Air Muskoka) v. Canada (Transport) - 2017 FC 764 - 2017-08-11
Federal Court DecisionsWhile the case deals with the striking of a third party claim as opposed to a stay under section 50.1, the analysis of the Court’s jurisdiction is instructive. [...] • 4) Determination of the fair market value of Airport Lands (Operating Agreement 3.02.03); [...] Had Muskoka any real objection to the jurisdiction of this Court to deal with the issues it could easily have taken a position.
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8,761.
Ivan Cassell Limited v. The Queen - 2016 TCC 53 - 2016-03-03
Tax Court of Canada JudgmentsThe other corporate shareholder of WPNL is owned by persons dealing at arm’s length with ICL and Mr. Cassell. [...] In cross-examination, Mr. Cassell accepted the Respondent’s description of these services as “involvement in negotiations, banking, negotiating contracts, dealing with suppliers”. [...] . . . Vicarious liability is fair in principle because the hazards of the business should be borne by the business itself; thus, it does not make sense to anchor liability on an employer for acts of an independent contractor, someone who was in business on his or her own account.
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8,762.
Braunschweig v. Canada (Public Safety) - 2014 FC 218 - 2014-03-10
Federal Court DecisionsWithout dealing at length with this argument, it is important that those matters be clarified in the interest of the Applicant and I will therefore deal summarily with it. [...] (ii) aux activités destinées à faire respecter les lois fédérales ou provinciales, [...] In order to facilitate the judiciary making process in the future, the CSIS would help its statutory duties when dealing with such third-party information if it could develop a protocol which would clearly describe the approach to be followed, the caveats if any at play and the steps to be followed.
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8,763.
Hammill v. Canada - 2005 FCA 252 - 2005-07-07
Federal Court of Appeal Decisions4) In 1993 when the appellant decided it was time to sell his gem inventory, he sought the advice of Bill Hawkins at H & H Rarities, a company with which he had satisfactory dealings with for several years. [...] 10) The following summarizes the economic results if the agreements had not been fraudulent and any of the deals had closed: [...] [48] Although it is not necessary to deal with the alternative ground on which the Tax Court Judge rejected the appeal, I believe it useful to say a few words about the scope of section 67 and its application in this case.
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8,764.
L'Hirondelle v. Canada - 2004 FCA 16 - 2004-01-19
Federal Court of Appeal DecisionsThe Crown and the interveners do not challenge the need to deal with the question and Hugessen J. certainly accepted that it was necessary to interpret the legislation and determine if the appellants were or were not in compliance with it. [...] It would be illogical for the appellants to raise the issue in defence to the injunction application and the Court not be able to deal with it. [...] [27] Although it deals specifically with Band Lists maintained in the Department, section 11 clearly distinguishes between automatic, or unconditional, entitlement to membership and conditional entitlement to membership.
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8,765.
Canada (Minister of Citizenship and Immigration) v. Hawthorne - 2002 FCA 475 - 2002-11-28
Federal Court of Appeal DecisionsFirst, in Suresh v. Canada (Minister of Citizenship and Immigration), 2002 SCC 1 at paras. 35-38, the Supreme Court of Canada revisited the aspect of Baker dealing with the permissible scope of judicial review of the exercise of administrative discretion, including that conferred by subsection 114(2). [...] Rather, the interests of the child must be "well identified and defined" (Legault, at para. 12) and "examined ... with a great deal of attention" (Legault, at para. 30). [...] [47] First, given the relatively high procedural content of the duty of fairness owed by officers deciding H & C applications (Baker, at para. 32), the officer ought not to have rejected the submission without further inquiries, since the allegation was not inherently implausible and was accompanied by evidence
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8,766.
Macdonald v. Canada - 1998-11-03
Federal Court DecisionsB. Damages from the Defendant [presumably, her Majesty the Queen] for wrongfully causing the termination of the Plaintiff"s employment without reasonable grounds or any grounds, without notice and without a fair hearing; [...] This does not apply to any claims, complaints or legal action arising out of any future dealings with the federal public service. [...] This does not apply to any claims, complaints or legal action arising out of any future dealings with the federal public service.
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8,767.
Canada v. Bahlsen - 1996-11-25
Federal Court of Appeal DecisionsShe observed that, in order to achieve flexibility and fairness and to avoid the arbitrariness inherent in blanket exclusions, Health and Welfare Canada established the level of acceptable risk of incapacitation for Category 3 (commercial) pilots at 2% per year, a level which she noted was more generous than the 1% per year [...] I will deal with each issue in turn. (a) Whether the medical standard provided in section 3.18 of the Personnel Licensing Handbook discriminates against the respondent because of her physical disability within the meaning of subsection 15(1) of the Charter. [...] The trial judge did not deal with the final element of the proportionality test since, in light of his findings, it was not necessary for him to do so.
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8,768.
Bouab v. Canada (Attorney General) - 2024 FC 315 - 2024-02-27
Federal Court DecisionsASHRAF BOUAB: Yeah, fair enough. MR. ZAP: So the moral of the story is if you’d waited an extra twenty minutes, I in all likelihood I may have found you not guilty sir. [...] He did not embellish in any fashion, and quite frankly, I prefer Mr. Bouab’s evidence over Officer Semple, but recognizing Officer Semple deals with hundreds of inmates every several months and had no immediate recollection.
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8,769.
Henry v. Canada (Citizienship and Immigration) - 2023 FC 1210 - 2023-09-07
Federal Court DecisionsThe appellant was a fairly wealthy man who claimed to be part of a segment of the population at greater risk. [...] [28] At paragraph 33 of Forvil v Canada (Citizenship and Immigration), 2020 FC 585, Justice Pamel specified that, when dealing with a generalized risk, an applicant must demonstrate how the risk to the applicant differs from the generalized risk.
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8,770.
Buname v. Canada (Citizenship and Immigration) - 2023 FC 353 - 2023-03-15
Federal Court Decisions• d)The country reports deal primarily with issues of persecution based on ethnicity, membership in a particular social group or political opinion: issues covered by section 96 of the IRPA, not section 97. [...] [16] I find that the PRRA officer was not required to hold a hearing under paragraph 113(b) of the IRPA. My conclusion remains unchanged: the Court will consider this issue on the standard of reasonableness or that of procedural fairness (Balogh v Canada (Citizenship and Immigration), 2022 FC 447 at paras 11–21; see Iwekaez
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8,771.
Madureira v. Canada (Citizenship and Immigration) - 2023 FC 211 - 2023-02-13
Federal Court DecisionsThere can be no doubt that the best interests of the child must be treated as a significant factor in the H&C analysis and must be examined with a great deal of attention: Kanthasamy at paras 39, 41. [...] In any event, the location of family in other cities (some of which are fairly close to their former home) does not prevent them from assisting in some way, and there was no evidence the Madureiras were estranged from their Portuguese parents and siblings.
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8,772.
Linadi v. Canada (Citizenship and Immigration) - 2022 FC 1341 - 2022-09-27
Federal Court Decisions[16] 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 [...] The Chairman attested that he then called the lawyer to deal with obtaining the release of the Applicant on an urgent basis.
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8,773.
Soprema Inc. v. Canada (Attorney General) - 2022 FCA 103 - 2022-06-03
Federal Court of Appeal Decisions[16] For example, (i) according to paragraph 1 of the application, the application concerns [translation] “the Minister’s decision to issue a permit . . . for foam insulation panels . . . under sections 66, 69 and 70 of the Regulations”; (ii) the grounds for the application only deal with the decision to issue the permit; [...] (d) may prejudice or delay the fair trial of the action, d) qu’il risque de nuire à l’instruction équitable de l’action ou de la retarder;
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8,774.
Singh v. Canada (Citizenship and Immigration) - 2022 FC 608 - 2022-04-26
Federal Court DecisionsThe reviewing court must adopt a deferential approach and intervene only “where it is truly necessary to do so in order to safeguard the legality, rationality and fairness of the administrative process”: Vavilov at para 13. [...] But the Court agrees with the Respondent that this application for judicial review is not the most appropriate means to deal with the problem.
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8,775.
Gambler First Nation v. Ledoux - 2020 FCA 204 - 2020-11-30
Federal Court of Appeal DecisionsIn all fairness, this appeal has been delayed for the most part due to the extraordinary circumstances related to the COVID-19 pandemic. [...] [15] Having so decided, I will now deal with the merits of the Rule 343 Motion, which was, as it needed to be, submitted in writing under rule 369, and is now ready for disposition.