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11,312 result(s)

  • 9,001.

    Madani v. Canada (Public Safety and Emergency Preparedness) - 2008 FC 1234 - 2008-11-26

    Federal Court Decisions

    Litigation dealing with the certified question was filed on December 10, 2007.   [...]  [37] The Respondent relies heavily on Griffiths v. Canada ( Solicitor General), 2006 FC 127 at paragraphs 19-28 for a summary of the key cases under the former and current immigration acts which deal with the deferral of removal decisions.   [...]  26. Although the precise range of circumstances justifying a deferral has not yet been defined, the authorities are fairly clear on what is not included within the range.

  • 9,002.

    Native Child and Family Services of Toronto v. Communication, Energy and Paper workers Union of Canada - 2008 FCA 338 - 2008-10-31

    Federal Court of Appeal Decisions

    92. Dans chaque province la législature pourra exclusivement faire des lois relatives aux matières tombant dans les catégories de sujets ci-dessous énumérés, savoir:   [...]  It is well-established that the provinces have legislative competence over child services, and the statute does not purport to deal with “Indians qua Indians”.   [...]  Similarly, in Derrickson, the Court held that the provisions of the British Columbia Family Relations Act dealing with the division of family property were not applicable to lands reserved for Indians because "[t]he right to possession of lands on an Indian reserve is manifestly of the very essence of the federal exclusive

  • 9,003.

    Nycomed Canada Inc. v. Novopharm Limited - 2008 FC 454 - 2008-04-08

    Federal Court Decisions

    Justice Gauthier also expressly cautioned against future courts relying on her infringement findings in relation to Apotex when dealing with questions of infringement involving the same patents but a different generic company, stating that “variations in the specific evidence led from one case to another may lead the Court   [...]  Similarly, the Court found that there is nothing in the Apotex Product Monograph that refers to or deals with the treatment of asymptomatic H. pylori infections and that Apotex was not seeking an NOC for pantoprazole as an antimicrobial.   [...]  The primary concern is to promote fairness and effectiveness, to reduce unnecessary litigation, and to minimize the risk of inconsistent results in respect of the same issues.

  • 9,004.

    Canadian National Railway Company v. Canadian Transportation Agency - 2008 FCA 123 - 2008-04-03

    Federal Court of Appeal Decisions

    The approach used by Abella J. in Via Rail, supra in order to identify the appropriate standard as well as the standard which she identified were recently applied by this Court in Canadian Pacific Railway Company v. Canada (Canadian Transportation Agency), 2008 FCA 42, [2008] F.C.J. No. 175 (para. 14), a decision dealing   [...]  However, to the extent that the Agency is satisfied that it is dealing with a charge that comes within the accepted definition of demurrage (see definition of demurrage quoted at paragraph 5 of these reasons), it is not empowered to inquire into its reasonableness.   [...]  Indeed, under the current legislation, section 112, which applies to a limited number of rates established by the Agency, requires that the "rate ... be commercially fair and reasonable".

  • 9,005.

    Roper v. The Queen - 2007 TCC 12 - 2007-01-31

    Tax Court of Canada Judgments

    This has meant a life of little else than work and fairly created expenses.   [...]  I believe the court is familiar with the Section 18, paragraph 1(a) and 1(h) dealing with the limitations on expenses.   [...]  ... I have included at Tab 12 the training, the IT bulletin dealing with training expenses.

  • 9,006.

    Johnstone v. Canada (Attorney General) - 2007 FC 36 - 2007-01-16

    Federal Court Decisions

    This aspect of the Commission’s jurisdiction has been the subject of considerable judicial attention and is fairly well defined.   [...]  However, when the reasons disclose no rationale for the Commission's decision not to exercise its discretion to deal with the complaint beyond the one year limitation period, the existence of a contradictory recommendation from an investigator makes the inadequacy of the reasons more readily apparent.   [...]  Island Transition Society, [2004] B.C.J. No. 922, 2004 BCCA 260, 240 D.L.R. (4th) 479, where the Court described an employer’s legal obligations in dealing with a family status accommodation request as follows:

  • 9,007.

    Addo v. OT Africa Line - 2006 FC 1099 - 2006-09-15

    Federal Court Decisions

    [37] Mr. Addo pleads that if questions about the quantum of his claim are admissible on this motion, he is entitled in fairness to a right to respond.   [...]  However, Prothonotary Hargrave still held the Federal Court had jurisdiction to hear the claim, because Bulk Atlantic Inc. had invited the plaintiff to deal with its agents in Montreal.   [...]  The Plaintiff having been invited to deal with Atlantic Maritime, in Montreal, Quebec, there is some form of act and conduct tying the matter to Canada.

  • 9,008.

    Haydon v. Canada - 2005 FCA 249 - 2005-06-30

    Federal Court of Appeal Decisions

    Before the adjudicator, Dr. Evans testified that a number of technical staff, who would have otherwise been preparing for the upcoming February 13, 2001, trip had to be diverted to deal with the deluge of briefing notes prepared for the Minister in light of the appellant's comments in The Globe and Mail.   [...]  In order to do this well, the public service must employ people with knowledge, fairness, integrity and loyalty.   [...]  [43] The respondent tendered two affidavits dealing with the impact of the appellant's comment on the public and the Agency.

  • 9,009.

    Royal Bank of Canada v. Lapointe - 2005 FC 633 - 2005-05-05

    Federal Court Decisions

    After considering what it is the Adjudicator is called upon to decide in the present case, his limited area of expertise, the wording and interrelationship of the enactments at issue, the absence of specific powers to deal with the question when compared to other decision-makers under the Code and notwithstanding the   [...]  (3) The Minister may extend the period of time referred to in subsection (2) where the Minister is satisfied that a complaint was made in that period to a government official who had no authority to deal with the complaint but that the person making the complaint believed the official had that authority.   [...]  241. (1) La personne congédiée visée au paragraphe 240(1) ou tout inspecteur peut demander par écrit à l'employeur de lui faire connaître les motifs du congédiement; le cas échéant, l'employeur est tenu de lui fournir une déclaration écrite à cet effet dans les quinze jours qui suivent la demande.

  • 9,010.

    Proulx-Drouin v. The Queen - 2005 TCC 116 - 2005-03-14

    Tax Court of Canada Judgments

    (b) the amount was paid to a person with whom the taxpayer was dealing at arm's length, and   [...]  A "small business corporation, at a particular time" is defined in subsection 248(1) of the Act for purposes of this appeal as "a Canadian‑controlled private corporation all or substantially all of the fair market value of the assets of which at that time is attributable to assets that are used primarily in an active   [...]  Deposits of cheques into a bank account are not proof of the carrying on of a business, in particular when the maker of the cheque, the payee of the cheque and the person in whose account the cheque is deposited do not deal with each other at arm’s length.

  • 9,011.

    Beauchamp v. The Queen - 2004 TCC 371 - 2004-05-14

    Tax Court of Canada Judgments

    (e) The general partner and Château Cornwall Inc. are related and therefore do not deal with one another at arm's length;   [...]  (hh) Château Cornwall Inc. was not a company operating a small business since all or substantially all of the fair market value of its assets were not used to earn business income;   [...]  In Blackmore versus M.N.R., NR 519, the learned judge in dealing with this same issue stated:

  • 9,012.

    Jankovic v. Canada (Minister of Citizenship and Immigration) - 2003 FC 1482 - 2003-12-17

    Federal Court Decisions

    II. Did the Immigration Officer fail to observe a principal of natural justice, procedural fairness or other procedure that he was required by law to observe?   [...]  12. To understand how Regulation 6(5) fits into the scheme just described, it is necessary to refer to the provisions of the Act and Regulations dealing with members of the family class.   [...]  In Moghtader, supra, the Court was asked to deal with what was then known as a "last remaining family member" situation under which Program Managers under the Immigration Act were directed to consider H & C grounds in situations where an applicants entire family was in Canada and he or she remained dependent on that

  • 9,013.

    Canada v. Webster - 2002 FCA 205 - 2002-05-21

    Federal Court of Appeal Decisions

    [10] However, in fairness to the Motions Judge, his words cannot be read out of context.   [...]  7. All the cases dealing with contingency have been decided after a full trial.   [...]  But in that case this Court followed the quite explicit views of the Supreme Court of Canada in Ontario v. Canadian Pacific Ltd. ([1995] 2 S.C.R. 1031) where it was said that in dealing with a (constitutional) vagueness challenge to a statutory provision the Court must determine whether the law "provides the basis for legal

  • 9,014.

    Charlie v. Vuntut Gwitchin First Nation - 2002 FCT 344 - 2002-03-26

    Federal Court Decisions

    [9] While the Vuntut Gwitchin Defendants refer to the existence of various additional issues, which they say they do not concede, at this point they wish to deal only with the threshold question of whether the Federal Court of Canada has the jurisdiction to determine the claims and to grant the relief requested by the   [...]  [15] Returning to Varnam and to Pacific Western Airlines, as examples of earlier cases, to some degree courts dealing with motions based on want of jurisdiction may have avoided the plain, obvious and beyond doubt test, because courts were a little unsure of which procedural rule applied on motions alleging want of   [...]  It may be, and I am not convinced by reading the Wilkins article, that the federal government could be responsible, in some situations, clearly fairly limited situations, when an Aboriginal Band, upon which the federal government has conferred self-government and that Aboriginal body is not subject to the Charter.

  • 9,015.

    Abbott v. Canada - 2002 FCT 186 - 2002-02-25

    Federal Court Decisions

    [2] Prothonotary Hargrave has correctly and succinctly set out the background to this motion and I propose to adopt and quote that part of his reasons dealing with this background which includes references to legislation and case law.   [...]  If the enactment is expressed in language which is fairly capable of either interpretation, it ought to be construed as prospective only.   [...]  [36] As the Prothonotary based his answer to the second question on the issue of estoppel, I will not deal with the issue of mutual mistake which was not fully argued before the Prothonotary.

  • 9,016.

    Wilson Fishing Co. Ltd. v. Western Investor (Le) - 2001 FCT 1390 - 2001-12-17

    Federal Court Decisions

    [2] The roe herring fishery has fairly recent origins. It started in the 1970s in response to demand from the Japanese market.   [...]  A great deal of money could be made from the sale of the roe, but the financial risks and the potential for damage to boats and equipment was high.   [...]  They deal with power vessels which are crossing with a risk of collision.

  • 9,017.

    Field v. The Queen - 2001-03-16

    Tax Court of Canada Judgments

    It would not be fair to other taxpayers if such interest was only included in income at the time the RRSP funds were withdrawn.   [...]  This principle applies whether we are dealing with the question whether a gain is on income or capital account, as Abbott, J. was in that case, or a sophisticated statutory regime with which we are concerned here.   [...]  That may be so, but when a taxpayer is the victim of a defalcation by someone licensed to deal with his or her investments, it cannot be the law that the victim – in the meantime – must pay the applicable amount of income tax on the unauthorized withdrawal and then be compelled to pursue the offender through the courts, a

  • 9,018.

    Canada (Minister of Citizenship and Immigration) v. Anita Bonsu Ekuban (Anita Nana Yaa Acheampong) - 2001 FCT 65 - 2001-02-13

    Federal Court Decisions

    (2) Faute pour l'avocat ou le mandataire du ministre de comparaître aux date, heure et lieu fixés pour l'audience, ou si elle estime qu'il y a défaut par ailleurs de sa part dans la poursuite de l'affaire, la section du statut peut, après avoir donné au ministre la possibilité de se faire entendre, conclure au désistement.   [...]   misrepresentations and the Courts were dealing with whether new evidence could be called in a determination under subsection 69.3(5) of the Act. The Courts ruled that new evidence could not be called in a determination under subsection 69.3(5) of the Act. The Courts were not dealing with a determination pursuant to

  • 9,019.

    Glaxo Wellcome Inc. v. Novopharm Ltd. - 2000-10-10

    Federal Court Decisions

    Q. -- as being -- it's not exhaustive, but it's fairly comprehensive; correct?   [...]  It is to be noted that the Court of Appeal in the Molson case, supra, was dealing with paragraph 12(1)(a) of the Act, but I am of the opinion that the same reasoning applies to paragraph 13(1)(a).   [...]  In light of this finding, I do not find it necessary to deal further with this issue.

  • 9,020.

    King v. Canada (Attorney General) - 2000-02-11

    Federal Court Decisions

    [15] When dealing with Mr. King"s chronic anxiety with tension headache injury, the Board took the time to chide Dr. Li for presuming to usurp the Board"s function by making findings as to degree of disability.   [...]  Referring this matter back to another Assessment Appeal Board will not change the result because that Board is limited to dealing with assessment questions.   [...]  82. (1) Le ministre peut, de son propre chef, réexaminer sa décision ou une décision de la Commission et soit la confirmer, soit l'annuler ou la modifier, s'il constate que les conclusions sur les faits ou l'interprétation du droit étaient erronées; il peut aussi le faire sur demande si de nouveaux éléments de preuve lui

  • 9,021.

    Prince Edward Island Mutual Insurance v. Insurance Co. of Prince Edward Island - 1999-01-29

    Federal Court Decisions

    The courts and authors have unanimously concluded that the facts must be weighed in relation to an "ordinary" public, "average" customers: ". . . you must deal with the ordinary man and woman who would take ordinary care in purchasing what goods they require, and, if desiring a particular brand, would take ordinary   [...]  A greater degree of discrimination may fairly be expected from the public where a trade name consists wholly or in part of words descriptive of the articles to be sold or the services to be rendered.   [...]  [46] Most significant however, is the fact that there are no examples of any consumer or third party contacting the defendant or Cooke Insurance in an effort to find or contact or deal with the plaintiff.

  • 9,022.

    Solis v. Canada (Minister of Citizenship and Immigration) - 1998-05-19

    Federal Court Decisions

    In order to be fairly treated he must be notified not only that he is being considered for a public danger opinion but also why he is being considered for a public danger opinion.   [...]  [19] I do not believe I need to say more than that I completely agree with the submission of the Respondent, which concisely and effectively deals with the Applicant"s argument.   [...]  [27] I agree with the Respondent"s arguments, and echo the words that Rothstein J. used in dealing with a similar s.12 challenge to s.70(5) in Gillespie v. The Minister of Citizenship and Immigration15: "I fail to see any connection between issuance of a danger opinion and cruel

  • 9,023.

    Apotex Inc. v. Canada (Health) - 2013 FC 1217 - 2013-12-23

    Federal Court Decisions

    Issues of procedural fairness are reviewed on the standard of correctness.   [...]  [44] Apotex has raised issues regarding the reasonableness of the decision and procedural fairness.   [...]  [63] Moreover, a great deal of the information included in the affidavits is repetitive of the information included in the affidavit of Mr Sherman and Mr Goldberg, neither of which was objected to.

  • 9,024.

    Johnson & Johnson Inc. v. Boston Scientific Ltd. - 2004 FC 1672 - 2004-11-30

    Federal Court Decisions

    [37] The plaintiffs further rely on subsection 4(1) of the Patent Act and Rules 32, 34 and 137 of the Patent Rules, which deal with the powers of the Commissioner.   [...]  [41] In Cangene Corp v. Eli Lilly and Co. (1995), 63 C.P.R. (3d) 377, Jerome A.C.J. was dealing with an application for an order extending the time to commence an application for judicial review of a decision of the Commissioner.   [...]   les démarches qu'il aurait dû faire dans le délai spécifié à l'article 32 de la Loi afin d'éviter l'abandon de la demande, ou qu'il n'explique à la satisfaction du commissaire qu'il est dans l'impossibilité de faire des démarches mais qu'il sera en mesure de les faire dans un délai que déterminera le commissaire.

  • 9,025.

    Barwicz c. Le Roi - 2024 CCI 93 - 2024-07-08

    Tax Court of Canada Judgments [ French ]

    (B) a trust or corporation that acquired the property, directly or indirectly in any manner whatever, from a particular person described in clause 94(1)(b)(i)(A) with whom it was not dealing at arm's length   [...]  (c) a person with whom the person was not dealing at arm’s length, the following rules apply:   [...]  (i) the amount, if any, by which the fair market value of the property at the time it was transferred exceeds the fair market value at that time of the consideration given for the property, and