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Mortensen v. The Queen - 2010 TCC 164 - 2010-09-14

c. Fairness dictates the original result should not be binding in the new context.   [...]  In reviewing the decision, I have noted that Justice Daniel did not consider or deal with any of the expenses that may have been incurred by the Appellant when he earned the commission income in 1997 and 1998.

Mortensen v. The Queen - 2010 TCC 177 - 2010-03-30

c. Fairness dictates the original result should not be binding in the new context.   [...]  [20] I must also deal with the question of delay. [21] Counsel for the Respondent also said that it is the Crown’s position that in the interest of finality, consistency and economy of judicial resources, that issue estoppel should simply apply to prevent the relitigating of amounts now 13 years old (Transcript, page 21,

Canada (Attorney General) v. Quadrini - 2010 FCA 47 - 2010-02-17

[20] Finally, I must deal with two procedural matters. Firstly the respondent has listed eleven issues to be determined on the stay motion (see paragraph 23 of his Motion Record).   [...]  Quest for the Truth, Finality and Fairness 20. [...] 21. [...] 22. [...]

Canada (Citizenship and Immigration) v. Kang - 2009 FC 941 - 2009-09-21

He relies on this Court’s decision in Aslam v. Canada (Minister of Citizenship and Immigration), 2004 FC 514, [2004] F.C.J. No. 620 (QL) where it was held that procedural rules should be interpreted and applied in a way that does not compromise the right to a full and fair hearing.   [...]  [26] The Respondent also relies on sections 57 and 58 of the Immigration Appeal Division Rules which allow the IAD to deal with matters arising during appeals for which there are no provisions as it sees fit and to act on its own initiative and vary certain procedural requirements, in arguing that the IAD can appoint a

Igbo v. Canada (Citizenship and Immigration) - 2009 FC 305 - 2009-03-23

Given the numerous credibility concerns identified above and the objectivity of the IRB’s Research Directorate, I prefer the objective documentation (including the lack of any indication that MASSOB members are violent in dealing with dissident Ibos) to the subjective testimony of this claimant.   [...]  On a fair reading of the transcript I am hard to put to say that there is more than the possibility of a minor inconsistency in the evidence.

Guerra Rivera v. Canada (Citizenship and Immigration) - 2007 FC 862 - 2007-08-29

I thus find the SIO’s notes to be a fairly accurate and reliable rendition of the claimant’s response when asked by the SIO to describe the claimant’s fear in El Salvador.   [...]  Having seen the claimant dressed like a woman at his hearing and carefully examining the various photographs (above noted) it is apparent to me that the photographic evidence would not lead me to conclude that I was dealing with either a homosexual or a cross-dresser.

Society for reproduction of rights of authors, composers and publishers in Canada inc. v. Hotel des encans de Montreal inc. - 2007 FC 604 - 2007-06-06

• - That the respondent’s actions are justified by the fair dealing exceptions provided for in the Act;

Fairmont Hotels Inc. v. Canada (Corporations) - 2007 FC 95 - 2007-01-29

It would be unfair, for example, to refuse to intervene when the underlying decision denies a party the benefit of a fair hearing, discloses grounds for an apprehension of bias, or curtails a party’s substantive rights: Canada (Canadian Human Rights Commission) v. Canada 3000 Airlines Ltd. (re Nijjar), [1999] F.C.J. No. 725  [...]  · The Director’s decision to deal with FRP’s application while the trade-mark proceedings are ongoing indicates that the Director plans to arrive at a decision without taking account of FH’s ownership of the “Fairmont” trade-marks.

Gauthier v. M.N.R. - 2006 TCC 537 - 2006-10-24

[3] The Minister determined that the Appellant was not employed in insurable employment under a contract of service, but that even if she had been, her employment would be excluded from insurable employment under paragraph 5(2)(i) of the Employment Insurance Act ("the Act") because she and the payor were not dealing with   [...]  On balance, the evidence tends to show that during the periods in issue, the Appellant and her employer made an arrangement one of the fundamental objectives of which was to secure the maximum amount of employment insurance benefits for the Appellant, as opposed to paying the Appellant fair value for her work.

Film City Entertainment Ltd. v. John Doe - 2006 FC 980 - 2006-08-14

I will not deal with the defendant’s remaining arguments. [16] There shall be no order as to costs.   [...]  . . . 189. (1) Le défendeur qui fait valoir contre le demandeur un droit de réparation peut, au lieu d'intenter une action distincte, faire une demande reconventionnelle.

Arreola de la Cruz v. Canada (Minister of Citizenship and Immigration) - 2006 FC 512 - 2006-04-26

[15] In a further memorandum of argument filed after leave on this application for leave and for judicial review was granted, counsel raised on behalf of the Applicants the issue of whether or not the RPD denied fairness or natural justice to the Applicants in conducting the hearing before it on the basis of “reverse order   [...]  [16] I will deal first, and briefly, with the issue of reverse order questioning.

Mahmood v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1526 - 2005-11-09

S'il ne peut le faire, il en donne la raison et indique quelles mesures il a prises pour s'en procurer.   [...]  However, the making of such a broad statement cannot obviate the Board=s obligation to deal expressly in its reasons with documentary evidence which is important and relevant to a key element of the claim, namely whether the Applicant was submitted to torture while in detention, and which evidence supports a conclusion that

Hausleitner v. Canada (Minister of Citizenship and Immigration) - 2005 FC 641 - 2005-05-06

As a consequence, I propose to deal with both issues together. Standard of Review   [...]  The officer quite fairly noted the aspects of the articles that would tend to support the applicants'position, as well as those aspects of the same articles that supported the finding that effective state protection was available to victims of organized crime in Hungary.