11,312 result(s)
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9,101.
Hunt v. Canada (Attorney General) - 2009 FC 1218 - 2009-11-30
Federal Court Decisionsou 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 l’auteur de la demande allègue que les conclusions sur les faits ou l’interprétation du droit étaient erronées ou si de nouveaux éléments de preuve lui sont présentés. [...] He held at paragraph 21 that the Board’s adoption of the test set out in Mackay, above, to deal with fresh evidence followed existing jurisprudence, was consistent with good agency management, avoided unnecessary expense, and was a practical way of applying the principle of finality in an agency context.
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9,102.
Canada (Citizenship and Immigration) v. Farag - 2009 FC 299 - 2009-03-20
Federal Court Decisions[17] Adequacy of reasons is a question of procedural fairness and natural justice reviewable on a standard of correctness. [...] Having failed to expressly deal with this evidence, I am left to conclude the Judge erred by deciding the application without regard to the material before her.
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9,103.
Ayobie v. Canada (Public Safety and Emergency Preparedness) - 2009 FC 264 - 2009-03-16
Federal Court Decisions(iii) establishing an agency that is responsible for dealing with reported and other information; [...] ... 49. Where the Minister repeatedly asks for proof that the seized currency has a legitimate source, as he did in this case, it is a fair conclusion that he made his decision on the basis of the applicant's evidence on that issue.
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9,104.
Rigutto v. Canada (Attorney General) - 2009 FCA 74 - 2009-03-12
Federal Court of Appeal DecisionsThe appellants had ample time to deal with this issue prior to the trial and they chose not to. [...] [13] Furthermore, in my view, a fair reading of the portions of the Minister’s Letter reproduced above is that they contradict the allegations put forward in the February 16, 2009 submission of Joan Coombs and indicate that the seized documents were available for examination by Mr. Oleg Volochkov, the spouse of one of the
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9,105.
Bullock v. Canada (Attorney General) - 2008 FC 1117 - 2008-10-06
Federal Court DecisionsAt the hearing on September 15th, 2008 he was accompanied by a friend, Mr. Carl Reynolds, who holds a Power of Attorney executed by Mr. Bullock to deal with his personal affairs. [...] 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 l’auteur de la demande allègue que les conclusions sur les faits ou l’interprétation du droit étaient erronées ou si de nouveaux éléments de preuve lui sont présentés.
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9,106.
Camara v. Canada (Public Safety and Emergency Preparedness) - 2008 FC 1089 - 2008-09-29
Federal Court DecisionsThe RPD determined that it was “dealing with a story that was invented to bolster a claim for refugee protection in order to compensate for the failure of an attempted sponsorship.” The Court dismissed the ALJR of the negative RPD decision on September 5, 2007. [...] This is not simply a question of administrative convenience, but implicates the integrity and fairness of, and public confidence in, Canada's system of immigration control.
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9,107.
Musialek v. Canada (Citizenship and Immigration) - 2008 FC 403 - 2008-03-28
Federal Court DecisionsA fair reading of the Board's reasons shows that its conclusion with respect to state protection was based upon the documentary evidence, Ms. Polak's own failure to seek state protection, and the length of time that Ms. Polak has been alway from Poland. [...] The applicants say that the Board was obliged to expressly deal with other decisions of the Board, which found inadequate state protection in Poland, and a 1990 report of the United Nations Human Rights Committee (UNHRC), which stated that Poland failed to protect female victims of domestic violence.
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9,108.
Kareem Jabari v. Canada (Citizenship and Immigration) - 2008 FC 225 - 2008-02-21
Federal Court Decisions[12] The second issue deals with the sufficiency of the Board’s reasons. [...] The failure to provide adequate reasons is a breach of procedural fairness subject to the standard of correctness: Via Rail Canada Inc. v. Canada (National Transportation Agency), [2001] 2 F.C. 25 (C.A.).
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9,109.
Tsawout First Nation v. Canada (Indian Affairs and Northern Development) - 2008 FC 207 - 2008-02-18
Federal Court Decisions[2] The Applicants, in their memorandum of fact and law, attacked the decision on traditional administrative law grounds: (1) breach of procedural fairness, (2) error of law (wrong legal test) and (3) material error of fact. [...] In the circumstances, it will not be necessary for the Court to deal with or comment on the merits of the Applicants' judicial review application.
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9,110.
Garcia Marin v. Canada (Treasury Board) - 2007 FC 1250 - 2007-11-28
Federal Court DecisionsThe Adjudicator concluded, therefore, that he had no jurisdiction to deal with Mr. Marin's claim. [...] All of those rulings appear to me to be fair and appropriate and well within the Adjudicator's procedural discretion.
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9,111.
Loh v. The Queen - 2007 TCC 740 - 2007-09-28
Tax Court of Canada JudgmentsUnfortunately, that deal fell through; however, the HBP regime allowed them until October 1, 2004 to complete a purchase with these funds. [...] [12] However, as explained to him, this Court is bound to ensure that the reassessment results from a correct application of the provisions of the Act as written in law, and this Court does not have discretion to depart from those provisions to achieve a result the taxpayer, the Court or both may view as more fair or
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9,112.
126873 Ontario Limited o/a Autopark Superstore v. M.N.R. - 2007 TCC 442 - 2007-09-04
Tax Court of Canada JudgmentsThey were not completely free to deal. In this respect, the prices of the vehicles being sold were closely controlled by the Appellant as were the commissions paid to the consultants. [...] It is fairly clear that by the exercise of their skill in that regard and their initiative and their imagination, they could offer competitive rates, and they could attract more sales.
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9,113.
Bougherbi v. Canada (Citizenship and Immigration) - 2007 FC 813 - 2007-08-02
Federal Court Decisions[11] However, for issues of natural justice or procedural fairness, the standard of review is correctness; in other words, if the Court finds that there was a breach in this regard, the application for judicial review will be allowed (Canadian Union of Public Employees (C.U.P.E.) v. Ontario (Minister of Labour), [2003] 1 [...] ¶ 37 When an issue of exclusion is raised during the hearing, subsection 23(2) of the Rules allows the RPD a certain amount of discretion in deciding if the Minister’s participation may help in dealing with the issue of exclusion of the applicant.
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9,114.
Malecek v. The Queen - 2007 TCC 271 - 2007-05-16
Tax Court of Canada Judgments[8] The Minister's counsel fairly presented case law that appears to present two separate schools of thought. [...] I agree with this finding which deals with child care services in an educational institution.
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9,115.
LeBlanc v. The Queen - 2007 TCC 274 - 2007-04-24
Tax Court of Canada Judgments[5] Mr. Leblanc provided no further supporting documentation for the 2000 expenses claimed, as he stressed that was not the deal reached with the Government. [...] I also have a copy of CRA's fairness request response allowing only $16,455 of expenses in that year.
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9,116.
Smyth v. The Queen - 2007 TCC 366 - 2007-02-02
Tax Court of Canada Judgments25 deal of confusion at the CRA over her claim for 0015 01 the OETC which was initially disallowed, then [...] 22 fairness package for the period preceding the 23 reassessment, given that the appellant's claim
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9,117.
Zarzour v. Canada (Attorney General) - 2006 FC 1014 - 2006-08-23
Federal Court Decisions[23] However, the Court did not take into consideration the sections following section 34 of the Criminal Code which also deal with self-defence but in circumstances other than those provided for in section 34. [...] c) il a refusé de continuer le combat, l’a abandonné ou s’en est retiré autant qu’il lui était possible de le faire avant qu’ait surgi la nécessité de se soustraire à la mort ou à des lésions corporelles graves.
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9,118.
Entral Group International Inc. v. MCUE Enterprises Corp. - 2006 FC 671 - 2006-06-01
Federal Court Decisions[2] The plaintiffs' claim deals with alleged copyright infringement. [...] (d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or
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9,119.
Suckoo v. Bank of Montreal - 2006 FC 554 - 2006-05-02
Federal Court DecisionsNotwithstanding a considerable delay on the part of the Applicant, the Commission agreed in October 2003 to deal with the Applicant’s complaint. [...] Accordingly, the Commission's dismissal of the complaint should be set aside as being in breach of the duty of fairness.
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9,120.
Khadr v. Canada (Minister of Justice) - 2006 FC 509 - 2006-04-25
Federal Court DecisionsCan officials of the Canadian Government, acting in pursuance of legal authority, engage in conduct within Canada which itself frustrates the fairness of foreign prosecution of a Canadian citizen? [...] Furthermore, if the ordinary extradition process had not been circumvented by the inducement of Mr. Purdy to travel to the U.S.A. under the pretence of doing a "clean deal", I believe he would have been entitled to disclosure, at least from the Canadian authorities, of information they had in their possession pertaining to
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9,121.
Qadri v. Canada (Minister of Citizenship and Immigration) - 2006 FC 392 - 2006-04-10
Federal Court DecisionsHowever, the Minister's operations manual dealing with "Processing Claims for Protection in Canada" contains the following instructions to officers to whom a claim for refugee status is made: [...] Indeed, no denial of fairness in that regard was urged on behalf of the Applicant.
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9,122.
Patton v. The Queen - 2005 TCC 704 - 2005-11-25
Tax Court of Canada JudgmentsEvery enactment is deemed remedial, and shall be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objects. [...] The Court there was dealing with the interpretation of a contract of insurance, and was required to determine whether taking prescription drugs constituted the receipt of "medically required services".
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9,123.
Beauvais v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1408 - 2005-10-14
Federal Court DecisionsTo paraphrase the French, it deals with the case "where the sponsor has become a permanent resident following an application to this effect. . . [...] a) le cas échéant, faire part à l'agent de ce qui suit : (i) il est devenu un époux ou conjoint de fait ou il a cessé d'être un époux, un conjoint de fait ou un partenaire conjugal après la délivrance du visa,
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9,124.
Tremblay v. Canada - 2005 FC 473 - 2005-04-08
Federal Court Decisions[11] Zarzour was considered by Pinard J. on December 19, 2003, when he dismissed a motion by the defendant for summary judgment in the present case - a motion based on the same principles as those raised by the defendant here - and concluded that the case should go to trial for a full and fair determination of the rights of [...] In Tremblay, unlike the case at bar, the applicant necessarily had to proceed by way of judicial review to get the Court to quash the decision dealing with his compulsory retirement, since he was trying to be reinstated in his employment.
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9,125.
Canada (Minister of Citizenship and Immigration) v. Gladstone Richards - 2004 FC 1218 - 2004-09-07
Federal Court DecisionsThe three sources are not in direct conflict, but instead it is apparent that Mr. Richards' oral testimony elaborates and provides a great deal more detail than the very brief PIF narrative and fairly brief Port of Entry interview notes.