11,312 result(s)
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8,901.
Fraser v. Janes Family Foods Ltd. - 2012 FCA 99 - 2012-03-26
Federal Court of Appeal Decisionsb) le demandeur est une personne morale ou une association sans personnalité morale ou n’est demandeur que de nom et il y a lieu de croire qu’il ne détient pas au Canada des actifs suffisants pour payer les dépens advenant qu’il lui soit ordonné de le faire; [...] g) il y a lieu de croire que l’action est frivole ou vexatoire et que le demandeur ne détient pas au Canada des actifs suffisants pour payer les dépens s’il lui est ordonné de le faire; [...] No such order has been made as Prothonotary Aalto chose to deal solely with liability for security for costs, deferring his decision with respect to quantum to a time when the issue of liability has been settled.
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8,902.
Campbell v. Canada (Attorney General) - 2012 FCA 45 - 2012-02-09
Federal Court of Appeal Decisions334.39 (1) Sous réserve du paragraphe (2), les dépens ne sont adjugés contre une partie à une requête en vue de faire autoriser l’instance comme recours collectif, à un recours collectif ou à un appel découlant d’un recours collectif, que dans les cas suivants : [...] The Attorney General argued that Rule 402, which deals with costs in the event of a discontinuance, applied to the facts of this case. [...] 334.39 (1) Sous réserve du paragraphe (2), les dépens ne sont adjugés contre une partie à une requête en vue de faire autoriser l’instance comme recours collectif, à un recours collectif ou à un appel découlant d’un recours collectif, que dans les cas suivants :
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8,903.
Abdalla v. Canada (Citizenship and Immigration) - 2011 FC 988 - 2011-08-11
Federal Court DecisionsHowever, she still wants the Court to deal with the matter of costs. In post-hearing written submissions, counsel have addressed the issue of costs. [...] (2) Pour ce faire, il tient compte des facteurs suivants : a) les caractéristiques de sécurité intégrées aux passeports, titres de voyage ou pièces d’identité, qui offrent une protection contre tout usage indu ou toute modification, reproduction ou délivrance illicite; [...] In my opinion, it is now appropriate to recognize that, in certain circumstances, the duty of procedural fairness will require the provision of a written explanation for a decision.
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8,904.
Canada (Public Safety and Emergency Preparedness) v. Lin - 2011 FC 431 - 2011-04-07
Federal Court DecisionsIn the context of the determination of the refugee claim itself, the panel hearing that case would be in a position to weigh such evidence in the context of the evidence overall, and deal with it in a way which would be not only appropriate, but sensitive to the issues of credibility and trustworthiness arising generally in [...] (c) to grant, as a fundamental expression of Canada’s humanitarian ideals, fair consideration to those who come to Canada claiming persecution; [...] (e) to establish fair and efficient procedures that will maintain the integrity of the Canadian refugee protection system, while upholding Canada’s respect for the human rights and fundamental freedoms of all human beings;[...]
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8,905.
Li v. Canada (Citizenship and Immigration) - 2010 FC 205 - 2010-02-23
Federal Court Decisions[22] Despite its fairly detailed review of the documentary evidence, the Board failed to cite the evidence in the 2007 Annual Report of Persecution by the Government on Christian House Churches within Mainland China (Report of Persecution) which determined that “there were also reports of house churches being destroyed in [...] [43] The Board’s assessment of documentary evidence was fair and balanced. [...] This information is given in a paragraph dealing with Zhejiang, Jilin, and Fujian Provinces, so that it is difficult to see what the situation in Fujian is, or whether this information changes the general picture of tolerance that is used to describe Fujian elsewhere and upon which the Board relies.
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8,906.
Nemours v. Canada (Attorney General) - 2010 FC 158 - 2010-02-19
Federal Court DecisionsThe creation of a special class of employees to account for the applicant’s situation is therefore inconsistent with the purpose of the Act. The adjudicator also relied on Canada (Attorney General) v. Marinos, [2000] 4 F.C. 98 (F.C.A.) (Marinos), which deals with the principle that an adjudicator must refer to employment [...] Such an interpretation is also in keeping with objectives in the Act’s preamble, which states that “the Government of Canada is committed to fair, credible and efficient resolution of matters arising in respect of terms and conditions of employment”. [...] 228. (1) L’arbitre de grief donne à chaque partie au grief l’occasion de se faire entendre.
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8,907.
Roseau River Anishinabe First Nation v. Roseau River Anishinabe First Nation - 2009 FC 655 - 2009-09-09
Federal Court Decisions[50] The Chief and Councillors’ responses to this issue are principally that the Custom Council has not been operating validly in part because of the appointment of the Chair and Co-Chair and in part because family representatives on the Custom Council were not validly appointed, as well as that procedural fairness was not [...] This claim of breach of procedural fairness is without substance. [62] The Custom Council has the powers of removal under s. 14 of the Election Act: [...] [65] The evidence establishes that the Chief and Councillors engaged in a plan to ignore Custom Council and its meetings, especially when Custom Council’s inquiries began to touch on the activities and financial dealings of the Chief and Councillors.
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8,908.
Consultation Next Step Inc. v. The Queen - 2009 TCC 410 - 2009-08-20
Tax Court of Canada Judgments• K) To acquire the property at 157 Pinacle Rd. in Frelighsburg, Quebec, the applicant paid a consideration equal to its fair market value since it was the one who made all the payments to acquire the property; [...] • [17] On one hand, Ms. Bélanger’s testimony contradicted Mr. Simard’s claims and, on the other hand, it appears from his testimony that the confusion lasted for a very long time, to the point where she received a great deal of mail addressed to the applicant for a long time after acquiring the property and, consequently, [...] • Given the reasons and the circumstances revealed by the evidence, it is fair and equitable to grant the application.
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8,909.
935475 Ontario Limited v. The Queen - 2009 TCC 196 - 2009-04-08
Tax Court of Canada Judgments[2] Part (a) of the motion was not pursued at the hearing.[1] Accordingly, I will not deal with it. [...] (a) may prejudice or delay the fair hearing of the action, (b) is scandalous, frivolous or vexatious, or [...] [38] In any event, while denying what is not alleged is not particularly helpful, I find it hard to conceive how this would prejudice or delay a fair hearing or how it would fall within either paragraph 53(b) or (c) of the Rules.
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8,910.
CDSL Canada Limited v. Canada - 2008 FCA 400 - 2008-12-15
Federal Court of Appeal Decisions10. (1) For the purpose of computing a taxpayer's income for a taxation year from a business that is not an adventure or concern in the nature of trade, property described in an inventory shall be valued at the end of the year at the cost at which the taxpayer acquired the property or its fair market value at the end of the [...] [6] The parties agree that work in progress for services still being provided is inventory subject to subsection 10(1) and that, in accordance with that subsection, that work in progress must be valued at the lower of cost or fair market value (FMV). [...] Again, this section deals only with the manner in which to account for inventory for tax purposes. . . .
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8,911.
Canadian Wireless Telecommunications Association v. Society of Composers, Authors and Music Publishers of Canada - 2008 FCA 6 - 2008-01-09
Federal Court of Appeal DecisionsAt that time, the definition of “telecommunication” (quoted above) was added to the Copyright Act, and other provisions were added to deal with broadcasting issues that are not relevant to this application. [...] [32] The group consisting of all of the customers of a wireless carrier is a group that is sufficiently large and diverse that it may fairly be characterized as “the public”. [...] There is no reason to believe that in making these comments, Justice Linden was contemplating a series of one-to-one transmissions to individuals who together comprise a group that may fairly be described as the public, as in this case.
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8,912.
Avenza Systems Inc v. M.N.R. - 2007 TCC 507 - 2007-07-31
Tax Court of Canada JudgmentsBut thereafter that was provided by the appellant, for control purposes and also for security purposes, dealing with intellectual property. [...] I have already indicated the evidence of Mr. Hunter himself, when he said that he was given fairly free rein. [...] They were fair, open and I thought honest. It is a matter that they had different points of view.
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8,913.
Collier v. Canada (Attorney General) - 2006 FC 728 - 2006-06-09
Federal Court Decisions[18] In terms of the standard of review I cite the Federal Court of Appeal's decision in Cartier v. Canada (Attorney General) [2003] 2 F.C. 317 where that Court dealing with the standard of review to be applied by the Appeal Division when dismissing and affirming a decision of the NPB is patent unreasonableness on matters [...] (f) that offenders be provided with relevant information, reasons for decisions and access to the review of decisions in order to ensure a fair and understandable conditional release process. [...] f) de manière à assurer l'équité et la clarté du processus, les autorités doivent donner aux délinquants les motifs des décisions, ainsi que tous autres renseignements pertinents, et la possibilité de les faire réviser.
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8,914.
Kraft Canada Inc. v. Euro Excellence Inc. - 2006 FC 453 - 2006-04-07
Federal Court Decisions[1] When this matter first came before me, I held that by selling and otherwise dealing in certain lines of Toblerone and Côte d'Or chocolate bars Euro Excellence was breaching Kraft Canada's copyright in copies of artistic works displayed on the chocolate bar wrappers. [...] the sales records were not current right up to the day of the judgment and that I was not going to extend injunctive relief to order Euro Excellence to recall product that was already in the distribution chain or to deliver up its then current inventory to Kraft, I considered an award of $300,000 to be fair and reasonable. [...] [41] Doing the best I can in the absence of evidence, the onus on which was on Euro Excellence to bring before this Court, I consider an award of damages of $300,000 representing profit attributable to the infringement to be fair and reasonable.
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8,915.
Thibodeau v. Air Canada - 2005 FC 1621 - 2005-12-01
Federal Court DecisionsFourth, an appropriate and just remedy is one that, after ensuring that the right of the claimant is fully vindicated, is also fair to the party against whom the order is made. [...] [17] Part III of the application deals with damages, an issue which was resolved by the decisions by Boudreault and Rouleau JJ. [...] Concerning the claimant's application for an order as to costs and disbursements, although Mr. Thibodeau, who is not a lawyer, is not entitled to counsel fees . . . subsection 400(4) of the Federal Court Rules, 1998, might “to a certain extent . . . satisfy, what fairness could dictate in that respect”. . . .
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8,916.
Mohammadi v. The Queen - 2005 TCC 580 - 2005-09-09
Tax Court of Canada Judgmentsunder subsection 24(2) into three categories: (1) the effect of admitting the evidence on the fairness of the trial; (2) the seriousness of the police's conduct; and (3) the effect of excluding the evidence on the administration of justice.[9] These principles have been used in cases dealing with the Income Tax Act.[10] [...] [21] Since Collins, the Supreme Court of Canada expanded the analysis in respect of the fairness of trial.
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8,917.
Murdoch v. Canada (Royal Canadian Mounted Police) - 2005 FC 420 - 2005-03-29
Federal Court Decisions[14] The question before me is necessarily one dealing with the scope of the Privacy Commissioner's jurisdiction. [...] (2) Le Commissaire à la protection de la vie privée rend compte au plaignant des conclusions de son enquête; toutefois, dans les cas prévus à l'alinéa (1)b), le Commissaire à la protection de la vie privée ne peut faire son compte rendu qu'après l'expiration du délai imparti au responsable de l'institution fédérale. [...] (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;
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8,918.
Kent v. Canada (Attorney General) - 2004 FCA 420 - 2004-12-13
Federal Court of Appeal Decisionswhich deals with the parallel situation of a determination by the Minister that there are no new facts. [...] Minister's legitimate interest in the finality of decisions and the need to encourage claimants to put all their cards on the table at the earliest reasonable opportunity, and on the other hand, the legitimate interest of claimants, who are usually self-represented, in having their claims assessed fairly, on the merits. [...] It is especially important in such cases to ensure that the new facts rule is not applied in an unduly rigid manner, depriving a claimant of a fair assessment of the claim on the merits.
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8,919.
Desjardins v. Canada (Attorney General) - 2004 FC 632 - 2004-04-29
Federal Court Decisions[15] On August 8th, 2002, the Applicant received a fair number of documents. [...] Therefore in the following paragraphs, I will deal with the bias argument while keeping this history of legal dispute in mind. [...] [31] In the case of adjudicative Tribunals and administrative bodies, a duty of fairness is owned to the parties appearing.
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8,920.
Hoechst Marion Roussel Canada Inc. v. Canada (Attorney General) - 2003 FC 1343 - 2003-11-14
Federal Court Decisions[5] Finally the Board addressed the applicant's complaint that its rights to procedural fairness had been violated in that the notice of hearing failed to provide grounds and material facts in sufficient detail to enable Hoechst to know the case it had to meet. [...] Indeed, Justice Pelletier observes in Hiebert that the bulk of case authority dealing with production of documents in judicial review applications suggests that only documents that were before the decision-maker are subject to production and goes on to conclude: [...] 6. Indeed, in emphasizing that its case is one of audi alteram partem and not of bias, counsel for the appellant expressly agreed with the law as stated by the respondent that "the concept of procedural fairness is eminently variable, and its content is to be decided in the specific context of each case."
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8,921.
Liao v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 672 - 2003-05-28
Federal Court Decisions27(2) L'agent d'immigration ou l'agent de la paix doit, sauf si la personne en cause a été arrêtée en vertu du paragraphe 103(2), faire un rapport écrit et circonstancié au sous-ministre de renseignements concernant une personne se trouvant au Canada autrement qu'à titre de citoyen canadien ou de résident permanent et [...] c) sciemment fait ou fait faire, directement ou indirectement, une fausse déclaration par écrit avec l'intention qu'on y ajoute foi, en ce qui regarde sa situation financière ou ses moyens ou sa capacité de payer, ou la situation financière, les moyens ou la capacité de payer de toute personne, maison de commerce ou [...] He believed that Lin would repay the loan and honour the cheques based on his past business dealings with him.
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8,922.
Chen v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 368 - 2003-03-28
Federal Court Decisions[12] The respondent submits that the visa officer, in determining that the applicant did not meet the definition of a "self-employed person", exercised her discretion in good faith, and did not err in law or breach the duty of fairness appropriate to this discretionary, administrative decision. [...] [13] The respondent submits that in order to succeed in this judicial review application, the applicant must show there was either an error of law apparent on the face of the record, or a breach of the duty of fairness appropriate to this discretionary decision. [...] [30] Because of the conclusion I have reached on this issue, it is not necessary that I deal with the other issues, with the exception of costs, the vires of subsection 350(3) of the Immigration and Refugee Protection Regulations, S.O.R./2002-227 (the "Regulations") and the certification of the question proposed by the
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8,923.
Zou v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 363 - 2003-03-27
Federal Court DecisionsIt is submitted that the visa officer assessed the applicant's application for permanent residence in a fair manner and in accordance with the law. [...] Because the funds are necessary to establish the proposed business, the issue of funds is important to the final outcome of the application, and I am of the view that in order to be assessed fairly, the applicant should have his application reheard. [...] [27] Because of my conclusion on Issue 1, I will not deal with the other issues raised by the applicant except for the issues of costs and the certification of questions.
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8,924.
Canada v. 158377 Canada Inc. - 2000-11-20
Federal Court of Appeal Decisions[22] In support of her written submissions, the creditor drew my attention to a fair number of decisions rendered by the Quebec Superior and Provincial courts. [...] In any event, even if I am wrong with respect to the jurisdictional question, a resolution of the issues involved here can not be fairly or adequately achieved on the basis of affidavit evidence alone, by this or any other Court. [...] The relevant sections of the Income Tax Act and the Federal Court Rules were never intended to deal with complex and intricate disputes of this nature nor are they procedurally designed to allow for the type of inquiry which needs to be undertaken.
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8,925.
Baptist v. The Queen - 2000-04-11
Tax Court of Canada Judgments[10] Section 6 of the Rules deals with SPD. A careful reading of section 6 is essential to an understanding of the system. [...] - are allotted to members of their unit in a fair and impartial manner; [...] It is therefore necessary to ensure that opportunities to perform SPD be fairly allocated among those who wish to undertake the work.