11,312 result(s)
-
8,851.
Hao v. Canada (Minister of Citizenship and Immigration) - 1998-06-04
Federal Court DecisionsThe visa officer has a discretion in dealing with people who come along looking for a visitor's visa. [...] [44] There should be something coming out of the Federal Court of Appeal fairly soon, I should think.
-
8,852.
Beckford v. The Queen - 1998-04-29
Tax Court of Canada Judgments[8] The most recent decisions of the Federal Court of Appeal dealing with rental losses, namely, Tonn, Mastri and Mohammed have established certain criteria as to when a reasonable expectation of profit exists. [...] As I have no authority to waive or reduce interest, I can only recommend that the Appellant apply to the Minister of National Revenue for application of the fairness package in this regard.
-
8,853.
Lee v. Canada (Citizenship and Immigration) - 1997-02-14
Federal Court DecisionsThe respondents will be arguing only the issue of dismissal for mootness, so the Court will not deal with the issue of extensions of time here. [...] The other aspects are in readiness as appropriately fair to the respondents, according to Mr. Justice Dubé's order.
-
8,854.
Contact Lens King Inc. v. Canada - 2022 FCA 154 - 2022-09-15
Federal Court of Appeal DecisionsIt is therefore appropriate to exercise considerable caution when dealing with an interpretation that, as is the case here, appears to supplement the legislation. [...] This is also the case for the definition of “continuous journey” in section 1, as well as for section 10 of Part VII, which deals with the zero‐rating of supplies related to certain transportation services. [...] [35] I am of the opinion that the definition of the term “prescription” in Part I of Schedule VI, which deals with the zero-rating of prescription drugs, is another example of more specific and compelling wording than the wording in Section 9 because it specifies that for supplies to be zero-rated, the prescription must,
-
8,855.
Vidéotron Ltée v. Technologies Konek inc. - 2022 FC 256 - 2022-02-24
Federal Court Decisions[18] Before dealing with the substance of the dispute, I have to set out the procedural framework. [...] The judge therefore has additional tools to deal with disputed questions of fact. [...] [24] In addition, the evidence presented as part of this motion provides sufficient basis to decide fairly the questions of fact.
-
8,856.
9171-7702 Québec Inc. v. Canada - 2013 FC 832 - 2013-07-30
Federal Court DecisionsHowever, there is no doubt that the Federal Court may deal with the dispute between the applicant and Her Majesty the Queen. [...] I will return to this question when I deal with the counterclaim. [23] I would rephrase the issues as follows: [...] However, I would add that, in any event, the Court would probably not have jurisdiction to deal with that issue.
-
8,857.
Universal Sales, Limited v. Edinburgh Assurance Co. Ltd. - 2012 FC 418 - 2012-04-12
Federal Court DecisionsThe jurisprudence was such that it was fairly easy to break limitation (for a discussion, see Rhône (The) v Peter AB Widener (The), [1993] 1 SCR 497, 101 DLR (4th) 188 and Société Telus Communications v Peracomo Inc, 2011 FC 494, [2011] FCJ No 602 (QL), currently in appeal). [...] [65] However the policies do not deal with the creation of causes of action, they deal with accidents or occurrences. [...] Alan Cairns, who testified at trial, and who at the time was with Equitas, which was dealing with all Lloyd’s premium and risk claims for the 1992 and previous years, wrote to say that written confirmation from the Irving Group was needed.
-
8,858.
Khadr v. Canada (Attorney General) - 2008 FC 807 - 2008-06-25
Federal Court Decisions[10] Immediate steps were taken to deal with the application pending further direction from the Supreme Court. [...] [58] A great deal of information has already been made available to the public about the applicant’s situation through media attention to his case. [...] It is clear from the public record that a great deal of material has already been turned over to the defence by the prosecution.
-
8,859.
King v. The Queen - 2000-09-07
Tax Court of Canada Judgments[29] In re-direct she said that deals are not normally closed at horse shows but at other places. [...] He was dealing with very affluent people. For many years he did not have much to do with horses. [...] The deals with Mr. King were made as a result of the first horse show in Truro.
-
8,860.
Bolduc v. Canada (Attorney General) - 2023 FC 1497 - 2023-11-10
Federal Court DecisionsWhether termed “correctness” or “no standard of review,” the question the Court asks in assessing matters of procedural fairness is whether the procedure was fair having regard to all of the circumstances: Canadian Pacific at para 54. [...] The Court will not exercise its discretion to decide whether that determination was reasonable and procedurally fair despite its mootness. [...] I will not address the third procedural fairness issue [Issue D(3)], which relates solely to the second Situational Assessment, which I consider moot.
-
8,861.
Kamel v. Canada (Attorney General) - 2011 FC 1061 - 2011-09-08
Federal Court DecisionsAs a result, the Minister must deal with the passport application dated June 13, 2005. [...] 2. Were the principles of procedural fairness breached? Applicant’s submissions [...] In those circumstances, there can be no breach of the principles of procedural fairness.
-
8,862.
Vert-Dure Plus 1991 Inc. v. The Queen - 2007 TCC 379 - 2007-09-14
Tax Court of Canada Judgments50 Although Parliament specifically indicates that the Minister must deal with notices of objection with due dispatch, the Act does not stipulate any specific consequences for failure to do so (Addison & Leyen, supra, at paragraph 41). [...] 53 The Federal Court retains jurisdiction to review other reviewable errors or failures to comply with the Minister’s obligation to act fairly (see, for example, Scott Slipp Nissan Ltd. v. Canada (Attorney General), 2004 FC 1096, [2004] F.C.J. No. 1327 (QL)). [...] [40] Very few decisions deal with the audit powers the Minister holds under sections 288 and 289 of the Act; however, the similar provisions in the ITA, sections 231.1 and 231.2, have been the subject of many decisions that clarify the scope of audit powers.
-
8,863.
Laperriere v. M.N.R. - 2007 TCC 252 - 2007-07-17
Tax Court of Canada JudgmentsAlthough she did not know the value of her vehicle in 2004, she thought it was fairly low. [...] In the course of her dealing with the Appeals Officer, she discovered she was excluded from the bargaining unit under the terms of a collective agreement dated September 20, 2003. [...] I also find helpful the provisions of the former Post Office Act dealing with mail contractors (subsection 2(1), "postal employees", and sections 22 to 35 inclusive).
-
8,864.
Doe v. Canada - 2005 FC 537 - 2005-04-20
Federal Court DecisionsOkanagan Band deals with the discretionary powers of courts to grant interim costs in order to provide access to justice in public interest litigation. [...] The amended Statement of Claim is long and involved, however despite a complete review and several further fairly quick scans of each page, I seem to have overlooked the "malicious attack on the independence of the judiciary". [...] The views of the Associate Chief Justice and of the Court of Appeal are, in a sense, a blended comment, dealing with merit and with the importance of the case.
-
8,865.
Y.Z. v. Canada (Citizenship and Immigration) - 2015 FC 892 - 2015-07-23
Federal Court DecisionsIf they stay though, the CBSA will call them in for a pre-removal interview and deal with any outstanding issues such as scheduling a removal date. [...] [81] Similarly, they also argue that Ms. Durish's affidavit simply criticizes how the entire refugee determination system deals with trauma victims, both pre-reform and post-reform. [...] Il n’a pas à le faire dans le cas d’un document saisi par l’agent ou transmis à la Section par l’agent.
-
8,866.
Canada (Public Safety and Emergency Preparedness) v. Weldemariam - 2024 FCA 69 - 2024-04-12
Federal Court of Appeal DecisionsI will deal with the international law issue first. A. The International Law Argument [...] The Supreme Court held that the failure of the IAD to deal with these arguments had resulted in a failure of responsive justification, causing it to lose confidence in the IAD’s decision: Mason, above at para. 10. [...] [52] Before commencing this assessment, however, and in fairness to the ID, I should note that the utility of international law as an interpretive aid does not appear to have been raised before it in Mr. Weldemariam’s case.
-
8,867.
Astro Consulting Inc. v. The Queen - 2022 TCC 51 - 2022-05-27
Tax Court of Canada Judgments[2] This appeal deals with the provisions in the Income Tax Act relating to a personal services business. [...] I informed the parties that I required them to address my concerns and that, for fairness reasons, I would reopen the hearing to allow the parties to address these concerns. [...] The USA does not, in any way, deal with control of the Appellant’s board of directors.
-
8,868.
Apotex Inc. v. Canada (Health) - 2018 FCA 147 - 2018-08-02
Federal Court of Appeal Decisions[2] The first decision was quashed by Justice Manson (Apotex Inc. v. Canada (Health), 2015 FC 1161) on the basis that, in imposing the import ban, the Minister of Health acted for an improper purpose and failed to comply with the duty of procedural fairness. [...] [18] Meanwhile, on September 11, 2014, a Toronto newspaper had published an article and an editorial highly critical of Health Canada on the basis that, unlike the FDA, it had failed to take adequate steps to deal with problems in Indian drug manufacturing facilities, including those of Apotex. [...] And among the other “objective facts” on which the application judge relied was the fact that “TPD implemented a process of internal review that eventually resulted in a policy to deal with data integrity concerns that was applicable to all NOC submissions and not just to those belonging to Apotex.”
-
8,869.
Jensen v. The Queen - 2018 TCC 60 - 2018-03-22
Tax Court of Canada JudgmentsSolara Deal [29] He was aware that around September 23, 2002, Global and Omnicorp entered into agreements that Omnicorp certificates of deposit would be redeemed for shares in Solara (the "Solara Deal") as it was one of the items discussed at the 2002 Omnicorp Conference he attended. [...] [51] Although he described the 2001 Global Conference as a trade fair with a chance to invest and the provision of services, other than signing up for his OBI account to invest, the only transaction that took place was the Amount paid to Global in July 2001. [...] [30] He also said the respondent should have called Duncan Goheen to prove the disputed Assumptions as to the Charity, other arrangements, roles, The Flow of Funds and the Solara Deal.
-
8,870.
Verreault v. The Queen - 2012 TCC 293 - 2012-08-14
Tax Court of Canada JudgmentsAn examination of the decisions bearing on these sections confirms that Indians who acquire and deal in property outside lands reserved for their use, deal with it on the same basis as all other Canadians. [...] 45 Il importe de faire une autre remarque au sujet de l'emplacement de l'employeur. [...] This Court is without jurisdiction to deal with that complaint. If Ms. Verreault wishes to pursue a claim against NLS, such a claim must be brought in a court other than the Tax Court of Canada.
-
8,871.
Globalive Wireless Management Corp. v. Public Mobile Inc. - 2011 FCA 194 - 2011-06-08
Federal Court of Appeal DecisionsThe function of judicial review is therefore to ensure the legality, the reasonableness and the fairness of the administrative process and its outcomes (Dunsmuir at paragraphs 27-28) [emphasis added]. [...] In support of that, it could be argued that the Act is not a “home statute” for the Governor in Council, since the Governor in Council deals with issues arising from a variety of very different statutes. [...] Though Canadian Council of Churches was a Charter case dealing with an intervener, the same test applies in applications for judicial review and to parties seeking public interest standing (see Odynsky at paragraph 59).
-
8,872.
Canada (National Revenue) v. Kerby - 2008 FC 452 - 2008-04-10
Federal Court DecisionsIn light of those facts, we are not going to be proceeding with the arguing of that defence, and simply be admitting [sic] the contempt for both respondents, and dealing with the - - I understand that we’ll be dealing with the extent and the seriousness of the deficiencies at the following hearing, at the sentencing [...] 27. I am primarily responsible for the business and financial dealings and records that are the subject of the Compliance Order. [...] 28. Jacqueline has little involvement and knowledge of the business and financial dealings and records that are the subject of the Compliance Order.
-
8,873.
Abbott Laboratories v. Canada (Health) - 2007 FCA 187 - 2007-05-16
Federal Court of Appeal Decisions[20] I should like to deal now with some of the arguments advanced by the appellants. [...] [26] Counsel for Abbott points out that Rothstein J. was dealing with the jurisdiction of the Federal Court (Trial Division). [...] On a fair reading of her reasons, she held that the person skilled in the art would have read claim 31 as claiming the use of Form 0 to make Form II and considered that the closing words were not essential to the invention claimed (Reasons, at para. 104, 120-134).
-
8,874.
Weyerhaeuser Company Limited v. The Queen - 2007 TCC 65 - 2007-01-31
Tax Court of Canada JudgmentsIn Nowegijick, the Court was dealing with the phrase in the context of section 87 of the Indian Act,[7] which was later described by La Forest J. as being: [...] An alternative form in which the rule is expressed is that if words in a statute are fairly susceptible of two constructions of which one will result in the statute being intra vires and the other will have the contrary result the former is to be adopted. [...] [22] The transactions with which this appeal is concerned were entered into between parties dealing with each other at arm's length, in the ordinary course of commerce.
-
8,875.
Galarneau v. Canada (Attorney General) - 2004 FC 718 - 2004-05-18
Federal Court Decisions(i) a provision of a statute, or of a regulation, by-law, direction or other instrument made or issued by the employer, dealing with terms and conditions of employment, or [...] 68 The writer also cited two other judgments of the Superior Court on a motion for a declinatory exception, dealing with jurisdiction ratione loci at the authorization stage, namely: [...] In that case, the Court had to rule on the Superior Court's jurisdiction to hear a claim by an employee based on the failure of a union to perform its duty of fair representation.