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Ottawa Athletic Club Inc. (Ottawa Athletic Club) v. Athletic Club Group Inc. - 2014 FC 672 - 2014-07-09

In response to an “under advisement” dealing with whether the NUANS search was the original, Mr. Kelly said that:   [...]  Obligation to answer fair and legally relevant questions within the scope of the cross-examination   [...]  Mr. Miller: That’s fair. If you want to mark it for identification purposes today...

Democracy Watch v. Canada (Attorney General) - 2023 FC 825 - 2023-06-20

9. Si un lobbyiste entreprend des activités politiques pour le compte d’une personne qui pourraient vraisemblablement faire croire à la création d’un sentiment d’obligation, il ne peut pas faire de lobbying auprès de cette personne pour une période déterminée si cette personne est ou devient un titulaire d’une charge   [...]  Si cette personne est un élu, le lobbyiste ne doit pas non plus faire de lobbying auprès du personnel du bureau dudit titulaire.   [...]  She also reviewed two commission of public inquiry reports: The Commission of Inquiry into the Facts and Allegations of Conflict of Interest Concerning the Honourable Sinclair M Stevens [Parker Commission]; and the Commission of Inquiry into Certain Allegations Respecting Business and Financial Dealings Between Karlheinz

Lululemon Athletica Canada Inc. v. Campbell - 2022 FC 194 - 2022-02-14

I will attempt to define this conduct in a manner that balances precision and fair notice, on the one hand, and the need to prevent avoidance, on the other hand.   [...]  Trade-mark law rests on principles of fair dealing. It is sometimes said to hold the balance between free competition and fair competition.

Dzawada’enuxw First Nation v. Canada - 2021 FC 939 - 2021-09-10

In my view, sur-reply argument should only be permitted in special circumstances where considerations of procedural fairness and the need to make a proper determination require it.   [...]  In the circumstances, I find that considerations of procedural fairness require that the Defendant Cermaq be granted leave to file its proposed sur-reply.   [...]  I will deal with each of these arguments in turn. [45] As regards the first argument, the Plaintiff submits that the Cheslatta decision is not binding on the Federal Court.

Fatoye v. Canada (Citizenship and Immigration) - 2020 FC 456 - 2020-03-31

The reviewing court must adopt an attitude of restraint and intervene only “only where it is truly necessary to do so in order to safeguard the legality, rationality and fairness of the administrative process” (Vavilov at para 13).   [...]  They serve to “explain how and why a decision was made”, to demonstrate that “the decision was made in a fair and lawful manner” and to shield against “the perception of arbitrariness in the exercise of public power” (Vavilov at para 79).   [...]  Citing Yahia v Canada (Citizenship and Immigration), 2019 FC 84, Ms. Fatoye maintains that the RPD had a duty to deal with evidence that contradicts its general conclusions.

Kennedy v. Canada - 2012 FC 1050 - 2012-09-05

119. Sous réserve de la règle 121, une personne physique peut agir seule ou se faire représenter par un avocat dans toute instance.   [...]  Thus, I will first deal with the limitation issue. In this respect, the applicant has not seriously challenged the legal arguments made by the respondent both in her Memorandum of Facts and Law and at the hearing.   [...]  In any event, the Court finds that the requirements to pay issued by the CRA do not violate any constitutional guarantee to a fair and public hearing.

Memari v. Canada (Citizenship and Immigration) - 2010 FC 1196 - 2010-11-26

It added that it had been very careful to fairly consider the implications of such alleged errors.   [...]  · as a university graduate, the Applicant would not have simply signed a form because he was told to do so, and an immigration officer would not have requested him to sign something that he knew or ought to have known not to be true, since there is a presumption that CIC deals fairly that was not rebutted.   [...]  [30] The issues of procedural fairness and natural justice raised by the Applicant are reviewable on a standard of correctness (Dunsmuir v. New Brunswick, 2008 SCC 9, [2008] 1 S.C.R. 190 at paras. 55, 60 and 79; Canada (Minister of Citizenship and Immigration) v. Khosa, 2009 SCC 12, [2009] 1 S.C.R. 339, at para. 43).

Siami Asl v. Canada (Citizenship and Immigration) - 2007 FC 459 - 2007-04-30

[34] Because of my finding on this issue, I need not deal with the other issues.   [...]  a) les organisations de recommandation l’ont avisé qu’elles étaient incapables de faire le nombre de recommandations prévues dans leur accord pour la région;   [...]  b) les organisations de recommandation sont dans l’impossibilité de faire des recommandations dans la région;

Effigi Inc. v. Canada (Attorney General) - 2004 FC 1000 - 2004-07-16

(7) Il est fourni, de la manière prescrite, à l'opposant et au requérant l'occasion de soumettre la preuve sur laquelle ils s'appuient et de se faire entendre par le registraire, sauf dans les cas suivants :   [...]  (7.1) Si, dans les circonstances prescrites, l'opposant omet de soumettre la preuve visée au paragraphe (7) ou une déclaration énonçant son désir de ne pas le faire, l'opposition est réputée retirée.   [...]  It is considered that the proper place for challenges to claimed dates of first use to be considered is in opposition proceedings or in proceedings before the courts, which include appropriate procedures and evidentiary mechanisms for dealing with contested issues of this nature....[19]

Nelson v. The Queen - 2001 FCT 1132 - 2001-10-18

The remaining paragraphs make brief references to decisions in the Supreme Court of British Columbia, to all the Plaintiff's previous employers, and allegations that his right to a fair trial or treatment have been denied.   [...]  (d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or   [...]  The subpoenas requested for these twelve witnesses are apparently in connection with the 16 October 2001 trial in this action, which deals with tax matters going back to perhaps 1984.

Ticketnet Corp. v. Canada - 1999-06-11

[27] Counsel supported her theory of the dual contracts by reference to the language of the agreement, Ticketnet"s audited financial statements and considerations of fairness.   [...]  (c) fairness considerations [52] Counsel for Ticketnet also maintained that considerations of fairness supported Ticketnet"s analysis of the agreement.   [...]  we are dealing with amounts withheld which are not only uncertain as to quantum if partial damages result from badly done work, but which will no longer be ever due or payable if damages exceed the amount withheld.

Cheema v. The King - 2024 TCC 81 - 2024-05-31

Accordingly, I will address both undeclared income issues at the time and in the context of determining whether there has been a misrepresentation and if so, deal with the issue of whether the same would amount to neglect, carelessness or wilful default afterwards.   [...]  [16] In DiCosmo [4], the Federal Court of Appeal stated that the issue of whether an assessment is statute-barred must be specifically pleaded in order to ensure fairness and to permit all evidence to be put before the Court.   [...]  [32] In addition, in the Lacroix [12] decision, the Federal Court of Appeal dealing with a situation of a reassessment issued beyond the normal reassessment period and where the reassessment was based on a net worth method, confirmed that the Respondent in order to satisfy the burden under subsection 152(4) of the Act does

Adams v. The King - 2023 TCC 86 - 2023-06-16

Generally, it is preferable to have a taxpayer’s issues decided on their merits than having them dismissed for having missed time limits in the Act. The courts must attempt to make a fair and just decision in view of all of the facts.[32]   [...]  [26] Before concluding, I should deal briefly with Mr. Adams’ argument regarding statutory interpretation.   [...]  [42] The provisions of the Act dealing with extensions of time to institute an appeal to this Court are remarkably similar to the provisions at issue here.