11,312 result(s)
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8,976.
Turner-Lienaux v. Canada (Attorney General) - 2021 FC 1483 - 2021-12-30
Federal Court DecisionsThe Applicant accepted that the CJC only has jurisdiction to deal with issues involving the conduct of judges. [...] One of the principles underlying this deference is the presumption “that a trial judge is competent to decide the case before him or her, and that a just and fair outcome will result from the trial process:” Housen at para 17. [...] At that time, complaints were conducted according to the CJC’s Procedures for Dealing with Complaints made to the Canadian Judicial Council about Federally Appointed Judges [the 2010 Procedures], which came into effect on October 14, 2010.
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8,977.
Bacon St-Onge v. Conseil des Innus de Pessamit - 2021 FC 1093 - 2021-10-18
Federal Court Decisions[28] Moreover, the parties have not drawn my attention to a decision dealing with a similar case. [...] Finally, I will deal with the issue of costs. A. Common Considerations [...] In this respect, the role of the applicant is similar to that of the Crown prosecutor in criminal matters, which is not to obtain a conviction at any cost, but to present all the available evidence in a fair and balanced manner: Boucher v The Queen, [1955] SCR 16 at 23–24.
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8,978.
Louie v. Canada (Indigenous Services) - 2021 FC 650 - 2021-06-22
Federal Court DecisionsOne of the functions of reasons is to reassure the parties that the decision-maker reached a fair outcome based on a consideration of all the evidence. [...] I will simply assume, without deciding, that the “interest of the band” in paragraph 46(1)(d) includes compliance with a First Nation’s laws (or “customs”), and that this explicit language, which is absent in other provisions of the Act dealing with certificates of possession, is a basis for distinguishing cases such as [...] Unlike electoral customs that deal with collective processes, the alleged custom pertains to individual and private behaviour.
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8,979.
Ahamed v. Canada - 2020 FCA 213 - 2020-12-10
Federal Court of Appeal Decisions[5] I will deal with the bias argument first. I start by noting that bias allegations do not lend themselves to a standard of review analysis at all: Canadian Pacific Railway Company v. Canada (Attorney General), 2018 FCA 69 at para. 55. [...] The appellant recognizes its legal burden, which is to show that an informed person, viewing the matter realistically and practically – and having thought the matter through – would think that it is more likely than not that the decision-maker, whether consciously or unconsciously, would not decide fairly (Wewaykum Indian [...] At paragraph 18 of its decision, in dealing with discovery question 39, it concluded that they “have very little or no relevance.” The Tax Court did not state here that the documents in question had no relevance whatsoever.
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8,980.
Dugarte de Lopez v. Canada (Citizenship and Immigration) - 2020 FC 707 - 2020-06-18
Federal Court DecisionsIn light of this conclusion, I need not deal with the other two criticisms Ms. Dugarte de Lopez raised regarding the Decision. [...] 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). [...] [28] Given this conclusion on how the RAD handled the new evidence, it is not necessary for me to deal with the other arguments made by Ms. Dugarte de Lopez against the RAD’s decision.
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8,981.
Safe Workforce Inc. v. Canada (Attorney General) - 2019 FC 645 - 2019-05-13
Federal Court Decisions(2) the Federal Court is not able to deal with the administrative law claim by virtue of section 18.5 of the Federal Courts Act or some other legal principle; or [...] [143] There is no Federal Court rule that deals with the striking of an application, but it is now well-recognized that the Court can dismiss an application in a summary way in exceptional cases. [...] [57] First, while the Applicant raised the lack of written reasons for the Decision to show a denial of procedural fairness, I agree with the Respondent’s submission that the reasons were delivered orally over the phone on October 15th; the letter of October 16th was simply a confirmation of the outcome of the Decision.
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8,982.
Jani v. Canada (Citizenship and Immigration) - 2018 FC 1229 - 2018-12-07
Federal Court DecisionsThis deferential standard of review reflects the fact that the provision creates a mechanism to deal with exceptional circumstances and decisions under it are highly discretionary (Williams v Canada (Citizenship and Immigration), 2016 FC 1303 at para 4; Legault v Canada (Minister of Citizenship and Immigration), 2002 FCA [...] Given the unusual circumstances of this case, it was only fair for her to put her concerns squarely to Mr. Jani and Ms. Pasla and to give them an opportunity to address them before a decision was made. [...] Those interests were “‘well identified and defined’ and examined ‘with a great deal of attention’ in light of all the evidence” (Kanthasamy at para 39, quoting Legault at paras 12 and 31 and referencing Kolosovs v Canada (Minister of Citizenship and Immigration), 2008 FC 165 at paras 9-12).
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8,983.
Lyon v. The Queen - 2018 TCC 89 - 2018-05-08
Tax Court of Canada Judgments[12] In 2016, after hiring an accountant to deal with the late filings of her income taxes, the Appellant was advised that she should have been billing for GST. Based on this advice, the Appellant applied for a GST number and filed a voluntary disclosure form with the Canada Revenue Agency (“CRA”) with respect to the [...] [52] The evidence indicates that the Appellant had a high degree of input into what price the clinic would charge for her Pilates session, including the “package deals” where a client would receive a discount for ordering a set number of sessions as a way to get them to purchase more sessions with her. [...] The client base within the clinic seems to have been fairly well diversified.
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8,984.
X.Y. v. Canada (Citizenship and Immigration) - 2018 FC 213 - 2018-02-23
Federal Court DecisionsI will deal with each argument in turn. (1) Did the Officer ignore evidence which contradicted the result? [...] However, the Officer failed to indicate how any of this evidence was weighed in reaching the conclusion on the H&C decision, and, absent any indication that the Officer engaged with this evidence, it is not possible to find that the decision is truly based on a fair consideration of all of the relevant evidence. [...] [35] In view of my findings on the first two issues, it is not necessary for me to deal with this issue.
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8,985.
Iyere v. Canada (Citizenship and Immigration) - 2018 FC 67 - 2018-01-24
Federal Court Decisions[46] In my view, this is not an entirely accurate or fair statement of the contents or purpose of the psychotherapist’s report. [...] [55] Justice Russell also acknowledged that the jurisprudence has noted the need for caution in assessing psychological reports which are based on accounts provided by an applicant, but found, on the facts of the case before him, that the error of the RAD was in failing to deal with the psychologist’s report. [...] [56] In the present case, the RAD did not fail to deal with the psychotherapist’s report, despite the lack of submissions made by the Applicants on this issue.
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8,986.
Shahzad v. Canada (Citizenship and Immigration) - 2017 FC 999 - 2017-11-06
Federal Court Decisions[15] I will first deal with the preliminary objection raised by Mr. Shahzad against the Ross Affidavit filed in support of the Minister’s response to this application for judicial review. [...] They include: (i) an affidavit providing general background assisting in understanding the issues relevant to the judicial review; (ii) an affidavit necessary to bring evidence on procedural defects or a breach of procedural fairness; and (iii) an affidavit highlighting the complete absence of evidence before the [...] The deferential approach dictated by the standard of reasonableness thus embodies recognition of the administrative decision-maker’s particular expertise and experience in dealing with matters within the boundaries of its functions.
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8,987.
Canada (National Revenue) v. Cameco Corporation - 2017 FC 763 - 2017-08-10
Federal Court DecisionsThe arm’s length principle requires that, for tax purposes, the terms and conditions agreed to between related parties in their commercial or financial relations (controlled transactions) be the same as those had the parties been dealing with each other at arm’s length (uncontrolled transactions). [...] Chief Justice Noël found at paragraph 80 that when subsection 231.1(1) of the ITA is interpreted, it does not make the TAWPs compellable without restriction as it was “...clear that Parliament intended that the broad power set out in subsection 231.1 (1) be used with restraint when dealing with TAWPs...” He went on to [...] [47] If I order the interviews to take place with a court reporter and legal counsel present as well as other procedural fairness indicia, then I have replicated what occurs at an examination for discovery in a Tax Court of Canada proceeding.
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8,988.
Kainaiwa Nation (Blood Tribe) v. Canada - 2016 FC 817 - 2016-07-19
Federal Court Decisions[43] Consistent with modern interpretative principles, the term “controversy” is to be given such fair and liberal interpretation as will give effect to purpose and intent of the provision. [...] In PEI, a case dealing with ferry service and the Terms of Union between Canada and Prince Edward Island, the Court concludes that controversies were “any kind of legal right, obligation or liability that may exist between governments”. [...] which gives concurrent jurisdiction where a search for a federal law nourishing the grant is necessary to ensure that the matter is truly federal and a special provision (constitutionally pragmatic) to confer jurisdiction, on consent of the province, to deal with controversies between federal and provincial governments.
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8,989.
Canada (Citizenship and Immigration) v. Young - 2016 FCA 183 - 2016-06-15
Federal Court of Appeal DecisionsIt augments the fairness of our system as a whole. It has the support of Canadians across the country. [...] We crafted the bill to deal specifically and coherently with these concerns. [...] It is designed to deal with the situation described earlier where the adoptive parents would essentially operate as a boarding house for their adopted child with the natural parents continuing to meet the child’s material needs.
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8,990.
Reynolds Presto Products Inc. v. P.R.S. Meditterranean Ltd. - 2013 FCA 119 - 2013-04-30
Federal Court of Appeal Decisions(2) L’emploi d’une marque de commerce crée de la confusion avec une autre marque de commerce lorsque l’emploi des deux marques de commerce dans la même région serait susceptible de faire conclure que les marchandises liées à ces marques de commerce sont fabriquées, vendues, données à bail ou louées, ou que les services liés [...] The Judge also stated that this “decision deals with language used in various jurisdictions and concluded that the opposition was partially well-founded on the basis of Presto's GEOWEB” (paragraph 38) and that “this decision is in appeal” (paragraph 40). [...] [37] It seems to me that, although it should not be given a great deal of weight, that this would favour GEOWEB since of the 31 jurisdictions that were searched, the registration of the two trade-marks was allowed in three and successfully opposed in 13 jurisdictions with no explanation for what happened in the other 15
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8,991.
Apotex Inc. v. Pfizer Ireland Pharmaceuticals - 2012 FC 1339 - 2012-11-20
Federal Court DecisionsIt is fair to say, given Pfizer’s submissions on these motions, that the possibility of an action for infringement if the Supreme Court amends its Judgment and removes the declaration of invalidity is not unlikely. [...] If there is no agreement, then the Court retains jurisdiction to deal with costs. [...] 6. The Court retains jurisdiction to deal with costs; 7. If the parties are unable to agree on the quantum of costs they are to advise the Court within twenty (20) days of this Judgment.
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8,992.
Sarfaraz v. Canada (Public Safety and Emergency Preparedness) - 2012 FC 735 - 2012-06-14
Federal Court Decisions[15] Subsection 15(1) found in Division 2 of the Act dealing with examinations indicates that “[a]n officer is authorized to proceed with an examination where a person makes an application to the officer in accordance with this Act” (emphasis added). [...] Here, we are dealing with two different applications, made on different days, by different officers. [...] 57. (1) Sous réserve du paragraphe (3), toute personne qui fait une demande de carte de résident permanent doit la faire pour elle-même et la signer.
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8,993.
Professional Institute of the Public Service of Canada v. Bremsak - 2012 FCA 147 - 2012-05-22
Federal Court of Appeal DecisionsIt is convenient to deal with that submission at the outset because it is so obviously devoid of merit. [...] Second, the Institute argues that to find it in contempt in relation to events that occurred before December 8, 2009 is a breach of procedural fairness because it was not given an opportunity to defend itself from a contempt charge based on earlier events. [...] of the harassment complaint could not be entertained by the Court because the matter of the validity of the Executive Committee's decision was before the [Board] and it would be improper for me to adjudicate on the issue which Parliament had mandated the [Board], a specialized tribunal in labour matters, to deal with.
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8,994.
De Souza v. Canada (Citizenship and Immigration) - 2012 FC 167 - 2012-02-07
Federal Court Decisionsin Khan v Canada (Minister of Citizenship and Immigration) 2010 FC 983, Kabir v Canada (Minister of Citizenship and Immigration) 2010 FC 995, and Hasan v Canada (Minister of Citizenship and Immigration) 2010 FC 1206 and that the Federal Court of Appeal could deal in those cases with the issues raised in this application. [...] [27] Regardless of which paragraph dealing with post-secondary credentials is applicable in this case, the Applicant’s Diploma is the single credential which would result in the highest award of points. [...] Absent any breach of procedural fairness, there is nothing to be gained by returning the Decision.
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8,995.
Grand River Enterprises Six Nations Ltd. v. The Queen - 2011 TCC 554 - 2011-12-08
Tax Court of Canada JudgmentsThis proposition was supported by reference to about a dozen or more cases dealing with the words “public” or “general public” in quite unrelated contexts. [...] 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.” [...] In such an instance, the application of Driedger’s principle gives rise to what was described in R. v. Ulybel Enterprises Ltd., 2001 SCC 56 (CanLII), [2001] 2 S.C.R. 867, 2001 SCC 56, at para. 52, as “the principle of interpretation that presumes a harmony, coherence, and consistency between statutes dealing with the same
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8,996.
Canada (Social Development) v. Canada (Human Rights Commission) - 2011 FCA 202 - 2011-06-13
Federal Court of Appeal DecisionsRead holistically and fairly, the judge’s reasons indicate that he considered the essence of the tribunal’s error to be that it asked itself the wrong question. [...] For example, paragraph 136 of the liability determination deals specifically with the Crown’s explanation for the differences in professional recognition between the two groups. [...] Similarly, paragraph 137 deals explicitly with the Crown’s explanation concerning differences in the payment of professional fees, educational/training opportunities and the provision of career advancement opportunities.
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8,997.
Almrei v. Canada (Citizenship and Immigration) - 2011 FC 554 - 2011-05-16
Federal Court Decisions[44] The Applicant submits that Smith can be distinguished on the basis that Justice MacKay was dealing with a subsequent pardon which, as discussed in the case, does not have the same effect of quashing the criminal conviction. [...] However, as noted by Justice MacKay, at paragraph 29, whether dealing with an acquittal or a pardon, the effect on the immigration determination would have been no different. [...] One of those exceptions is where there is an allegation that there has been a breach of the rules of procedural fairness or natural justice.
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8,998.
Canada v. Brokenhead First Nation - 2011 FCA 148 - 2011-05-03
Federal Court of Appeal DecisionsAs to Roseau River’s Agreement, it provides at clause 4.12 that it may purchase land under the administration and control of Canada at fair market value. [...] [24] Therefore, in its dealings with the Applicant First Nations, and in particular with the Brokenhead and Peguis First Nations, I find that Canada had a duty to consult. [...] He also failed to deal adequately with the evidence before him in that he did not address key aspects thereof and did not, as a result, make any findings in regard thereto which would have allowed this Court to conduct a meaningful appellate review.
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8,999.
Gonzalez Torres v. Canada (Citizenship and Immigration) - 2010 FC 234 - 2010-03-01
Federal Court DecisionsThe Board noted that Mexico is a democracy with free and fair elections, and observed that Mexico is a signatory to the Refugee convention, suggesting it is committed to the protection of human rights. [...] b. He was elected president of the Mexican Association of Hotels and Motels and in this position deals with state governors; and [...] c. “I went to the PGR which that kind of police do not deal with cases like the one I was going through.” “They took my statement ... so I mentioned the three complaints that I had filed before about these people and I asked for a copy, and there was nothing there.” “They took my statement, but it was not followed.”
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9,000.
Santagapita v. The Queen - 2008 TCC 662 - 2008-12-03
Tax Court of Canada Judgmentsdeal at arm’s length, a corporation of which the taxpayer is a specified shareholder or a partnership of which the taxpayer’s share of any income or loss is 10% or more and relating to the construction, renovation or alteration, or a cost attributable to that period and relating to the ownership during that period of land [...] (b) the amount of such an outlay or expense shall, to the extent that it would otherwise be deductible in computing the taxpayer’s income for the year, be included in computing the cost or capital cost, as the case may be, of the building to the taxpayer, to the person with whom the taxpayer does not deal at arm’s length, [...] In order to be fair to the appellants, all of this should have been set out in the reply.