11,312 result(s)
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8,926.
MacLeod v. The Queen - 1999-07-09
Tax Court of Canada JudgmentsHaving heard and observed the Appellant in the course of the trial, it is a fair inference that she would have been a hands-on employer and would not in any circumstances, leave her child with a nanny without being precise and unequivocal in her instructions to them. [...] [18] It is fair to say that there is a good deal of confusion surrounding the agreement which was reached between the babysitters and the Appellant regarding the basis on which they were to be paid.
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8,927.
Society of Composers, Authors and Music Publishers of Canada v. 348803 Alberta Ltd. - 1997-07-03
Federal Court DecisionsThe Supreme Court of Canada dealing not with a royalty, but with damages, adopted a similar philosophy in Wood v. Grand Valley Railway Co. (1915) 22 D.L.R. 614 at 618: [...] I am therefore assuming that the one factor more or less cancels out the other, thus the ratio of licence fee to the portion of the net profit to be awarded to the copyright holder remains fairly constant, whether the establishment uses live or recorded music. [...] I find it noteworthy that the ratios, licence fee to the portion of net profit awarded the owner of the music used, fall within a fairly narrow range, between 15.2 times the licence fee to 21.33 times the licence fee.
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8,928.
Chen v. Canada (Minister of Citizenship and Immigration) - 1997-06-20
Federal Court DecisionsIt is a commonplace that the content of the duty of fairness varies according to the circumstances. [...] In this respect it differs from many other decisions, e.g. by a visa officer dealing with a sponsored application for landing, where the law establishes criteria which, if met, give rise to certain rights. [...] In the case of perceived contradictions, however, the failure to draw them specifically to the applicant"s attention may go to the weight that should later be attached to them but does not affect the fairness of the decision.
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8,929.
James River Corporation of Virginia v. Hallmark Cards - 1997-02-11
Federal Court Decisionsin the case of discretionary decisions by trial judges.2 Such deference should be shown unless the prothonotary's decision is: (1) clearly wrong in the sense that the decision was based on either a wrong principle of law or a misapprehension of the facts; or (2) deals with a matter vital to the final issues of the case. [...] It is easy for counsel when asking questions on discovery to slip into a shorthand way of asking a question, which in fairness, should be read by reference to other, usually preceding, questions that were asked, unless counsel expressly indicates otherwise. [...] The principle function of pleadings, as counsel notes, is to define with clarity the issues between the litigants and to give fair notice of the case that has to be met, so that the opposing party may direct evidence to those issues.
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8,930.
Lavigne v. Canada (Justice) - 2009 FC 684 - 2009-07-02
Federal Court Decisions(2) Did the Tribunal err in failing to acknowledge the values of fairness, respect and transparency set out in the preamble to the PSEA? [...] (2) Did the Tribunal err in failing to acknowledge the values of fairness, respect and transparency set out in the preamble to the PSEA? [...] In support of the guiding values of fairness, transparency, access and representativeness, further information could include:
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8,931.
Canadian Private Copying Collective v. Computer Warehouse Outlet Inc. - 2005 FC 770 - 2005-05-31
Federal Court Decisions(5) No person may be prosecuted under this section for importing a book or dealing with an imported book in the manner described in section 27.1. [...] La Commission n'est pas tenue de faire une désignation en vertu de l'alinéa d) si une telle désignation a déjà été faite. [...] Celle-ci demeure en vigueur jusqu'à ce que la Commission procède à une nouvelle désignation, ce qu'elle peut faire sur demande en tout temps.
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8,932.
Re Jaballah - 2016 FC 586 - 2016-05-26
Federal Court DecisionsAs to the Respondent’s alleged contradictory testimony before the IRB, in this proceeding, counsel for the Ministers acknowledged that, “in all fairness” this was likely a typographical error in the transcript. [...] As to the consequences flowing from the exclusion of the summaries, the Ministers argue that the ruling excluding the summaries did not deal with the substantive evidence. [...] [133] The last matter to deal with is the Ministers’ submission that the Respondent practiced clandestine methodology and was security conscious.
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8,933.
Mercille v. The Queen - 1999-12-03
Tax Court of Canada JudgmentsThere is no doubt as to the accused's tight control over and his interest in the whole of the dealings attributed to Mr. Wong. [...] The external facts confirm that Mr. Wong was generally excluded from the accused's dealings. [...] [31] There was clearly a great deal of animosity between Mr. Wong and Mr. Mercille.
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8,934.
X (Re) - 2014 FCA 249 - 2014-07-31
Federal Court of Appeal Decisions[35] After describing in detail the factual background, framing the issues to be decided and dealing with a preliminary question of privilege, the Judge commenced his analysis. [...] [47] Second, it is not fair to characterize Justice Blanchard’s decision to be that the Federal Court lacked jurisdiction to issue a warrant authorizing the making of requests for assistance to second parties. [...] [59] First, read fairly, the Judge did not articulate an unintelligible standard for disclosure.
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8,935.
Immunovaccine Technologies Inc. v. The Queen - 2013 TCC 103 - 2013-04-10
Tax Court of Canada JudgmentsTransactions with related persons (as that term is defined in the Income Tax Act) will be deemed made in an amount equal to the fair market value for a similar product at the time of the transaction. [...] d) The provisions of the Income Tax Act must be interpreted in order to achieve consistency, predictability and fairness so that taxpayers may manage their affairs intelligently. [...] This can also be inferred from the statutory context of the provisions of the ITA dealing with the deductibility of SRED expenses and with the related investment tax credits.
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8,936.
Royal Canadian Mounted Police v. Tahmourpour - 2009 FC 1009 - 2009-10-06
Federal Court Decisions(a) The RCMP was to offer Mr. Tahmourpour the opportunity to re-enrol in the Cadet Training Program and his program will be based on a fair assessment of the areas where training is required; [...] I ended up - - I’m not particularly a religious person, but the next two days, I had to deal with questions about what it is that I practice in my religion. [...] Having been compensated for the loss of the ability to compete on a fair basis, it would be double compensation to then award him the position itself.
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8,937.
Rezek v. Canada - 2005 FCA 227 - 2005-06-17
Federal Court of Appeal Decisions[42] Hedging is a normal aspect of many businesses, including financial businesses and businesses that deal in commodities. [...] There may be businesses that deal exclusively in hedge transactions. It is also fair to say that there is an investment approach that is termed "convertible hedging". [...] 10. (1) For the purpose of computing income from a business, the property described in an inventory shall be valued at its cost to the taxpayer or its fair market value, whichever is lower, or in such other manner as may be permitted by regulation.
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8,938.
Schmeiser v. Monsanto Canada Inc. - 2002 FCA 309 - 2002-09-04
Federal Court of Appeal DecisionsI will deal with each of the four categories of issues below, although not in the order in which they were presented at the hearing of the appeal. [...] Ltd., [1981] 1 S.C.R. 504 (at page 520) that a patent claim construction should be reasonable and fair to both the patent holder and the public. [...] [50] I will deal with these arguments under three headings, (a) conflict of rights, (b) the innocent infringer, and (c) the effect of unconfined release.
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8,939.
Bow Valley Naturalists Society v. Canada (Minister of Canadian Heritage) - 2001-01-10
Federal Court of Appeal DecisionsThis demonstrates that the Responsible Authority was cognizant of the need to consider the cumulative effects and kept pressing CP to deal responsibly and fully with them in the screening process. [...] (b.1) de faire en sorte que les autorités responsables s'acquittent de leurs obligations afin d'éviter tout double emploi dans le processus d'évaluation environnementale; [...] (c) de faire en sorte que les éventuels effets environnementaux négatifs importants des projets devant être réalisés dans les limites du Canada ou du territoire domanial ne débordent pas ces limites;
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8,940.
Canada (Commissioner of Competition) v. Rogers Communications Inc. - 2024 FC 239 - 2024-02-13
Federal Court Decisions[45] The Commissioner’s submissions recognized a public interest in fair competition (citing Resolve Business Outsourcing Income Fund v. Canadian Financial Wellness Group Inc., 2014 NSCA 98, at paras 26-31). [...] This would contravene the Government’s Rules of Engagement and the judicially endorsed principles of fairness and equality that should govern the tender process. [...] [68] Second, the Court and its Registry are familiar with confidentiality issues and can rapidly deal with requests to file a confidential version of an application record under section 11, pending discussions between counsel for the Commissioner and the respondent or its counsel.
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8,941.
UBS Group AG v. Yones - 2022 FC 132 - 2022-02-03
Federal Court Decisions[40] However, the affidavit of Sarah Bevan, CEO of UBS Bank (Canada), a subsidiary of UBS Group AG, regarding the long-standing use of UBS trademarks in Canada supports a conclusion that they have at least a fair degree of acquired distinctiveness. [...] Nonetheless, the evidence cited above, and in particular the presence of four physical locations bearing the UBS trademarks since 1998 persuades me the Registered UBS Word Marks have acquired a fair degree of distinctiveness. [...] Judging by the testimonials, it seems to have a certain customer base, but the evidence suggests it does not have a bricks and mortar storefront and remains a fairly modest operation.
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8,942.
Torre v. Canada (Citizenship and Immigration) - 2015 FC 591 - 2015-05-06
Federal Court Decisions[23] In Wajaras v Canada (Citizenship and Immigration), 2009 FC 200, my colleague Justice Barnes reiterated at paragraph 11 that the ID’s admissibility hearing “is not the place to embark upon a humanitarian review or to consider the fairness or proportionality of the consequences that flow from a resulting deportation [...] Taking into account the ongoing communication between the parties, the delay in this case does not strike me as one that would offend the community’s sense of decency and fairness. [...] Exhibit C‑10 was written by a representative of the Crown with respect to the applicant’s arrest in Toronto and indicates that the applicant is a barman at Café Sinatra, that he is Francesco Cotroni’s and Giovanni Marra’s go-to guy in the distribution of drugs and Mr. Marra’s associate in major cocaine deals.
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8,943.
Strachan v. The Queen - 2013 TCC 362 - 2013-12-04
Tax Court of Canada JudgmentsThe Minister's expert witness estimated that on March 31, 2001 the fair market value of the 40 issued shares was $263,000. [...] All that is required is that the husband should so deal with the property as to divest himself of it and vest it in his wife, that is to say, pass the property from himself to her. [...] Fair Market Value $ 210,000.00 Mortgage ($196,910.11) Difference
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8,944.
Eli Lilly Canada Inc. v. Novopharm Limited - 2007 FC 1195 - 2007-11-15
Federal Court DecisionsI have put in the words "either directly or indirectly," because, as it seems to me, a document can properly be said to contain information which may enable the party requiring the affidavit either to advance his own case or to damage the case of his adversary, if it is a document which may fairly lead him to a train of [...] 14 In addition, still dealing with the scope of production under the new rules, old Rule 448, as interpreted by the Federal Court, required the production of [...] Unless the party producing the affidavit intends to rely on a document at trial, it is not obliged to disclose it unless “it is reasonable to suppose” that the document would undermine its own case, advance its opponent’s, or would “fairly lead him to a train of inquiry, which may have either of these two consequences”.
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8,945.
Canada (Minister of Human Resources Development) v. Chhabu - 2005 FC 1277 - 2005-09-19
Federal Court DecisionsThe conferment of benefits, however, is balanced with the interests of fairness and financial responsibility. [...] While the Review Tribunal did not explicitly refer to the furniture contained within the house in India, in my view, it is fair to infer that the same reasoning applies to it. [...] [39] I also appreciate counsel's submission that Mrs. Chhabu has expended time and incurred expense in dealing with this proceeding to date.
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8,946.
Thurlow v. Canada (Royal Mountain Police) - 2003 FC 1414 - 2003-12-02
Federal Court Decisions(ii) aux activités destinées à faire respecter les lois fédérales ou provinciales, [...] b) soit dont la divulgation risquerait vraisemblablement de nuire aux activités destinées à faire respecter les lois fédérales ou provinciales ou au déroulement d'enquêtes licites, notamment: [...] [38] Factor 4 deals with the nature of the question - - law, mixed law and fact or fact.
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8,947.
Teitelbaum v. Canada (Attorney General) - 2004 FC 398 - 2004-03-16
Federal Court Decisions(b) M rated the Applicant's proposal relative to others that M had refereed in recent years as "Fair"; [...] [63] The Applicant argues that GSC 26 failed to consider all the relevant criteria when dealing with his grant application. [...] [99] K was only "somewhat close" to the Applicant and, like M, s/he only rated the proposal as "fair".
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8,948.
McCrea v. Canada (Attorney General) - 2015 FC 592 - 2015-05-07
Federal Court Decisions(i) would fairly and adequately represent the interests of the class, [...] [163] There were many personal dealings and contacts between the Class and the defendants. [...] If benefits should have been provided, the calculation of those amounts would be fairly straightforward.
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8,949.
Doan v. Canada - 2023 FC 968 - 2023-07-18
Federal Court Decisions[155] Canada responds that (1) Ms. Doan’s pleadings contain no material facts that any member of the RCMP produced, reproduced or published, sold, rented out or distributed, any photos from Clearview; and (2) in any case, investigative work by police officers is research that falls under the exception for fair dealing [...] Fischer states that access to justice requires a “fair process” to resolve claims; not the specific procedural rights asserted by the plaintiff. [...] i. would fairly and adequately represent the interests of the class,
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8,950.
SLX Management Inc. v. The Queen - 2010 TCC 148 - 2010-03-12
Tax Court of Canada Judgments4. By additional fees to Management if there was an exceptional deal that served CN’s interests. [...] [53] In Stewart v. R., supra, the SCC, in dealing with a personal element to certain activities, stated: [...] Throughout Miller’s evidence, he spoke many times about his trips to deal with Socata on a distribution agreement.