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Zündel, Re - 2003 FC 1089 - 2003-09-22

Would 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.

Cribb-McKeown v. The Queen - 1998-04-09

In 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.

Simser v. Canada - 2004 FCA 414 - 2004-12-07

c) 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:

Bank of Montreal v. Li - 2020 FCA 22 - 2020-01-24

[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.

Jean Pierre v. Canada (Immigration and Refugee Board) - 2018 FCA 97 - 2018-05-23

are 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.

Ivan Cassell Limited v. The Queen - 2016 TCC 53 - 2016-03-03

The 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.

Hammill v. Canada - 2005 FCA 252 - 2005-07-07

4) 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.

Canada (Minister of Citizenship and Immigration) v. Hawthorne - 2002 FCA 475 - 2002-11-28

First, 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

Canada v. Bahlsen - 1996-11-25

She 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.

Henry v. Canada (Citizienship and Immigration) - 2023 FC 1210 - 2023-09-07

The 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.

Madureira v. Canada (Citizenship and Immigration) - 2023 FC 211 - 2023-02-13

There 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.

Soprema Inc. v. Canada (Attorney General) - 2022 FCA 103 - 2022-06-03

[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;

Gambler First Nation v. Ledoux - 2020 FCA 204 - 2020-11-30

In 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.