11,312 result(s)
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9,126.
Milligan v. Canada (Attorney General) - 2004 FC 1112 - 2004-08-11
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. [...] _..._ There is no factual background information which would indicate that the Applicant was on an activity authorized by, sponsored by, or dealing with the Canadian Forces Base Chilliwack Ski Club when this accident occurred and in this regard the Applicant herself was unable even to recall the location in British Columbia
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9,127.
Simon v. The Queen - 2004 TCC 170 - 2004-03-30
Tax Court of Canada JudgmentsI find the auditor was very fair with the amounts she attributed for personal expenditures, $16,600 in 1995 and $12,185 in 1996. [...] I am left with a great deal of uneasiness, if not suspicion, with respect to the Appellant's position that only $1,200 was repaid.
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9,128.
First Canadians' Constitution Draft Committee v. Canada - 2004 FCA 93 - 2004-03-05
Federal Court of Appeal Decisions[3] I will deal first with the second issue. The motions judge was of the view that as costs were the final issue of the case, he should exercise his discretion de novo. [...] (d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or
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9,129.
Peace v. Canada (Attorney General) - 2004 FC 108 - 2004-01-23
Federal Court Decisions118. La décision du juge-arbitre sur un appel est définitive et sans appel; elle peut cependant faire l'objet d'une demande de contrôle judiciaire aux termes de la Loi sur la Cour fédérale. [...] [8] More particularly, the applicant submits that section 118 of the Act states that the decision of an Umpire is final, and as such, it is not surprising that there is no specific section to deal with claimants whose appeal to an Umpire is allowed.
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9,130.
Bashi v. Canada - 2004 FC 80 - 2004-01-20
Federal Court Decisions[7] Still dealing with the factual basis required to support a reasonable cause of action, Mr. Justice MacKay gave the following guidance in Kelly Lake Creen Nation v. Canada (1997) F.T.R. 9 at 18: [...] What is important to keep in mind here is that principal functions of pleadings are to define the issues clearly and to give fair notice of the case the other side must meet and in doing so provide enough specifics and guidance so that the Court may properly regulate the trial and arrive at appropriate remedies.
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9,131.
Sharma v. Canada (Minister of Citizenship and Immigration) - 2003 FC 1240 - 2003-10-23
Federal Court DecisionsQ: Sir, again... and just be fair and honest. And it's in your best interest. [...] It is clear in reading the Board's decision, that the latter was dealing with the applicant's subjective fear.
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9,132.
Mosher v. The Queen - 2003 TCC 678 - 2003-10-20
Tax Court of Canada JudgmentsIt is indeed fairly difficult to conceive that a business has commenced before a firm decision has been made to that effect and before the essential elements relating to the very structure of such a business have been brought together. [...] Both the Appellant and his spouse stated that they shared equally in all their property and that they considered themselves equal partners in all of their dealings and I am satisfied that they had a common intention that they would own the Property equally.
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9,133.
Charette v. Canada (Commissioner of Competition) - 2002 FCT 698 - 2002-06-20
Federal Court Decisions[21] I find support for this view in Binnie J.'s comments (dealing with issue estoppel) in Danyluk v. Ainsworth Technologies Inc., [2001] 2 S.C.R. 460 at paras. 20-21 where he explained that the law has developed a number of techniques to prevent abuse of the decision-making process: [...] In that context the more specific objective is to balance fairness to the parties with the protection of the administrative decision-making process, whose integrity would be undermined by too readily permitting collateral attack or relitigation of issues once decided.
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9,134.
Hameed v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 621 - 2002-05-31
Federal Court Decisions[...] d) soit ne se conforment pas aux conditions prévues à la présente loi et à ses règlements ou aux mesures ou instructions qui en procèdent, soit ne peuvent le faire. [...] The officer's decision deals with relevant and reasonable factors central to the application and did not include any irrelevant considerations.
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9,135.
Dawe v. Canada - 2002 FCT 486 - 2002-04-29
Federal Court Decisions(d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or [...] The Prothonotary did not deal with this request in his decision and order.
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9,136.
Kaupe v. The Queen - 2001-11-30
Tax Court of Canada Judgments[18] I would also add, before dealing with the reassessments involving the Appellant Elizabeth Kaupe, that the Court did not have the benefit of the testimony of the mother-in-law and the son of the Appellant Anthony Kaupe who were parties to these arrangements. [...] In particular, a fair amount of travelling was done by the Appellant in relation to her business as a real estate agent, especially during the 1994 taxation year.
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9,137.
Canada (Minister of Citizenship and Immigration) v. Jacob Fast - 2001 FCT 594 - 2001-06-05
Federal Court DecisionsIn order to ensure fairness to the Defendant, the Court decided to deal with the issue as if a Commission had not been agreed to.
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9,138.
Robillard v. The Queen - 2001-05-25
Tax Court of Canada Judgments[2] Given that the admissions provide a fairly clear idea of the nature of the appeals, they should be reproduced: [...] It was shown on the balance of evidence that the appellant invested a great deal of energy and interest in developing an expertise in maple growing.
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9,139.
Man v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 487 - 2001-05-16
Federal Court DecisionsI am satisfied that a risk assessment, and an opportunity to test the fairness of that assessment, as well as the result, against the standards of sections 7 and 12 of the Charter, are implicit in those provisions of domestic law. [...] [45] It was suggested by counsel for the respondent that a serious question for certification should be entertained dealing with risk assessment prior to removal.
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9,140.
Lahpai v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 88 - 2001-02-16
Federal Court DecisionsThus, the paragraph from the documentary evidence quoted above, unlike in Woolaston, was specifically referred to in the hearing before the CRDD. Further, counsel for the Applicant indicated that it was "... a fairly central argument in this case". [...] More importantly, the failure to deal with the other three documents which flagrantly contradict the conclusions of the Board on the central issue of the applicant's involvement in the student unrest constitutes an error of law.
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9,141.
Lok v. The Queen - 2000-11-28
Tax Court of Canada JudgmentsIf it does not land in the Appeals office then it does not land at a desk that knows how to deal with objections and appeals. [...] In all fairness, the procedure on its face was simply asking for an adjustment and when you ask for an adjustment the procedure that Revenue Canada would typically follow is exactly the procedure that they did follow.
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9,142.
CDD-REM Process, Vacuum Technology Corp. v. The Queen - 2000-11-01
Tax Court of Canada JudgmentsAlthough his belief of the witnesses is not conclusive of this case it was interesting that he said that he could fairly well believe what the people in the company told him. [...] [12] The accountant who gave testimony was very knowledgeable, had a great deal of experience and was up-to-date on this type of claim.
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9,143.
Society of Composers, Authors and Music Publishers of Canada v. 728859 Alberta Ltd. - 2000-04-20
Federal Court DecisionsThe evidence of actuaries and economists is of value in arriving at a fair and just result. [...] But the trial judge, who is required to make the decision, must be accorded a large measure of freedom in dealing with the evidence presented by the experts.
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9,144.
Maheux v. The Queen - 2000-02-03
Tax Court of Canada Judgments[4] The tavern operated without a line of credit and its finances were generally fairly tight, so much so that the company had to plan and make choices when it came to paying certain invoices and various accounts, including those of the respondent. [...] [5] Since he did not like the way the appellant conducted herself in her business dealings with suppliers and male customers, her de facto spouse quickly became very verbally abusive, and he ended up barring her from the tavern as of June 1996.
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9,145.
Augustine'S School Bus Inc. v. Asher - 1999-12-30
Federal Court DecisionsThe courts in those cases were dealing with trucking firms, bus lines and railways: see, for example, A.-G. Ont. et al. v. Winner et al., [1954] 4 D.L.R. 657, [1954] A.C. 541, 13 W.W.R. (N.S.) 657 (P.C.); R. v. Toronto Magistrates, Ex p. Tank Truck Transport Ltd., [1960] O.R. 497, 25 D.L.R. (2d) 161, affirmed [1963] 1 O.R. [...] I think a fair conclusion to reach from this list is that the trips outside Ontario are seasonal; out of a total of 42 trips taken, only 4 occurred between October and December, while 14 occurred in January and February, and 13 occurred in June.
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9,146.
Standard Mortgage Investment Corp. v. The Queen - 1999-09-28
Tax Court of Canada Judgments4. The Appellant then sold its shares in Company A and the outstanding promissory note owed by Company A to an unrelated third party at fair market value thereby realizing a loss. [...] I am not prepared to infer from the letters and memos sent by Mr. Turner from Ottawa to the Vancouver district office that Mr. Turner knows more about the business transactions of the Appellants than those persons in the Vancouver district office who were dealing directly with the Appellants' files.
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9,147.
Drapeau v. The Queen - 1999-02-17
Tax Court of Canada JudgmentsI will deal with the second argument first. Ms. Drapeau need not have been the “recipient” of the allowance in order for her to be required to include it in her income. [...] Note that in the French version, it was thought appropriate to insert the word “ou” (or) after each of the first two elements in the list, since it is a fairly short list.
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9,148.
Amaya v. Canada (Minister of Citizenship and Immigration) - 1999-01-08
Federal Court DecisionsFurthermore, it appears from the Board"s reasons that the decision is based, inter alia , on a fair amount of evidence and the applicant"s credibility. [...] Furthermore, the information request does not deal with personal information; it is a general information request about the union in a restaurant that has been in operation for 25 years.
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9,149.
Feng v. Canada (Minister of Citizenship and Immigration) - 1998-08-31
Federal Court DecisionsThe applicants also seek an order that their application be reconsidered by a different visa office or officer and requiring the visa officer to apprise the applicants of any concerns he or she may have, so that the applicants may deal with those concerns before the officer"s decision is made. [...] At issue in this case is the officer"s exercise of discretion in assessing the application received in September 1997, which is only reviewable where made without regard to procedural fairness or in bad faith or on the basis of irrelevant considerations.
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9,150.
Yousif v. Canada (Minister of Citizenship and Immigration) - 1998-07-23
Federal Court Decisions(6) L'agent principal est tenu de faire procéder à une enquête, dès que les circonstances le permettent, lorsqu'il en reçoit l'ordre conformément à l'alinéa (3)b). [...] [18] First, I will deal with the applicant's request for a writ of prohibition.