11,312 result(s)
-
9,176.
Zavarella v. Canada (Attorney General) - 2024 FC 87 - 2024-01-19
Federal Court DecisionsThe applicant also argued that the Commission failed to review or address the grounds of complaint thoroughly, which constituted a breach of procedural fairness. [...] After examining this information, the Commission decides, pursuant to subsection 41(1) of the Canadian Human Rights Act, to deal with the complaint. [...] IV. Was the applicant deprived of procedural fairness? [111] The parties did not disagree about the Court’s role if a procedural fairness question arises on an application for judicial review.
-
9,177.
Flaro v. Canada - 2018 FC 229 - 2018-02-28
Federal Court DecisionsThe presumptions of coherence and consistency apply not only to Acts dealing with the same subject but also, albeit with lesser force, to the entire body of statute law produced by a legislature. . . . [...] d) d’une part, à faire une perquisition dans ce bâtiment, contenant ou lieu, pour rechercher cette chose et la saisir; [...] (ii) soit faire rapport au juge de paix qu’il a saisi les biens et qu’il les détient ou veille à ce qu’ils le soient,
-
9,178.
Canada (Information Commissioner) v. Toronto Port Authority - 2016 FC 683 - 2016-06-17
Federal Court Decisions[56] However, it is in my view untenable to characterise as essentially factual the documents emanating from members of the working group that deal with the percentage weightings. [...] The Committee discussions involved the same Board members identified in the Watson Report, dealing with the same subject, the new ferry purchase, and the ultimate decision was considered in the Watson Report. [...] 4. (1) Sous réserve des autres dispositions de la présente loi mais nonobstant toute autre loi fédérale, ont droit à l’accès aux documents relevant d’une institution fédérale et peuvent se les faire communiquer sur demande :
-
9,179.
Rémillard v. Canada (National Revenue) - 2020 FC 1061 - 2020-11-17
Federal Court Decisions[58] Contrary to examinations for discovery, “[w]hen dealing with a judicial review, it is not a matter of requesting the disclosure of any document which could be relevant in the hopes of later establishing relevance” (Access Information, para 21). [...] He has already conceded that subsection 241(3) of the ITA deals only with the disclosure of information, not with the issue of confidentiality. [...] Faced with a problem such as the one faced by Mr. Rémillard, the Court is able to find a solution that reconciles, to the extent possible, the objectives of a meaningful review of administrative decisions, procedural fairness, and the protection of any legitimate interest in confidentiality while ensuring an open
-
9,180.
Picard v. Canada (Attorney General) - 2018 FC 747 - 2018-07-18
Federal Court Decisions[36] In short, the functional test involves analyzing the enterprise as a going concern, considering only its ongoing character, which calls for a fairly complete set of factual findings (Northern Telecom at pp. 139-140; Commission du salaire minimum v. Bell Telephone Company of Canada, [1966] SCR 767, 59 DLR (2nd) 145; see [...] This term often has a pejorative connotation in the minds of both Indigenous and non-Indigenous people dealing with these constables. [...] It is fair to say that “police” powers do not derive from a single head of power.
-
9,181.
Courtoreille v. Canada (Aboriginal Affairs and Northern Development) - 2014 FC 1244 - 2014-12-19
Federal Court DecisionsA. Those are fairly fluid until they're approved, yes. 241 Q. Right. [...] The Crown must then attempt to deal with the Mikisew “in good faith, and with the intention of substantially addressing” Mikisew concerns (Delgamuukw, at para. 168). [...] While the statement deals with contractual obligations, it would apply, a fortiori to restraint imposed by other conduct which raises a legitimate expectation.
-
9,182.
Zûndel, Re - 2005 FC 295 - 2005-02-24
Federal Court DecisionsNonetheless, the mainstay of Mr. Zündel's witness, Mr. Farrell, was that he had not seen anything wrong with the way CSIS was dealing with Mr. Zündel. [...] [78] I have carefully reviewed the testimony of Mr. Farrell and it is quite apparent that he was unhappy with the termination of his employment, and tried to get a better deal when he left. [...] Parliament, when dealing with security certificates, has chosen not to follow the SIRC model (where independent counsel performed the functions described by Mr. Horton).
-
9,183.
Revell v. Canada (Citizenship and Immigration) - 2019 FCA 262 - 2019-10-18
Federal Court of Appeal DecisionsI shall return to that point when dealing with the second issue raised in this appeal. [...] In other words, the process leading to the potential infringement of these rights must be fair and in accordance with the basic tenets of our judicial system. [...] At the committal stage, the presiding judge must ensure that the committal order, if it is to issue, is the product of a fair judicial process.
-
9,184.
Safe Gaming System v. Atlantic Lottery Corporation - 2018 FC 542 - 2018-05-25
Federal Court Decisions• fairness and predictability are promoted by maintaining the inventor’s intent. [...] I do not believe it is a Markush claim either but do not need to deal with it as my construction is clear that there was an order in the steps. [...] Il ne suffit pas que la personne voulant faire breveter une machine fasse valoir qu’elle est utile en tant que presse-papier.
-
9,185.
0871768 B.C. Ltd. v. Aestival (Vessel) - 2014 FC 1047 - 2014-11-05
Federal Court Decisions[23] I ruled that I would hear counsel for the Aestival Defendants and issue one ruling dealing with all of the issues as identified below. [...] The Court in its discretion can look at the issue or issues in question and determine if it is appropriate to deal with the those (sic) issues by summary trial (Rule 213(1)); [...] [63] I am satisfied that the facts can be determined and the law applied such that I will be able to reach a fair and just determination on the merits by way of summary trial.
-
9,186.
Jia v. Canada (Citizenship and Immigration) - 2014 FC 596 - 2014-06-23
Federal Court Decisions[21] Dealing first with the pertinent legislation, copies of all relevant provisions are annexed in full in Appendix “B” to these Reasons. [...] The Ankara visa post also had to deal with a large influx of claims from Tehran. [...] c) a indiqué par écrit à l’agent qu’il a l’intention de faire ou a fait un placement.
-
9,187.
Chabaud c. La Reine - 2011 TCC 438 - 2011-09-20
Tax Court of Canada Judgments(B) les dépenses qu’il peut se faire rembourser, (C) les dépenses déductibles par ailleurs dans le calcul de son revenu; [...] As I said earlier, they should pay their fair share of taxes in Canada. [...] To ensure that its fellows are treated fairly, the Université Laval is conforming to the decision to issue the T2202A for 2008.
-
9,188.
Sheldon Blank & Gateway Industries Ltd. v. Canada (Minister of The Environment) - 2000-07-19
Federal Court Decisions4. (1) Sous réserve des autres dispositions de la présente loi mais nonobstant toute autre loi fédérale, ont droit à l'accès aux documents relevant d'une institution fédérale et peuvent se les faire communiquer sur demande_: [...] (ii) aux activités destinées à faire respecter les lois fédérales ou provinciales, [...] c) contenant des renseignements don"t la divulgation risquerait vraisemblablement de nuire aux activités destinées à faire respecter les lois fédérales ou provinciales ou au déroulement d'enquêtes licites, notamment_:
-
9,189.
Mitchell v. Canada (Minister of National Revenue) - 1997-06-27
Federal Court Decisionsthe earliest recognized culture in the New York area to give evidence of fairly diversified trade relationships with distant regions ... [...] Dr. von Gernet then acknowledged that it was fair to say that the trade would have been small scale but it would have been "vitally important to them". [...] Communication to and from between countries, etc.; mutual dealings between the inhabitants of different localities.
-
9,190.
Ojibway Nation of Saugeen v. Derose - 2022 FC 531 - 2022-04-21
Federal Court Decisions[65] The Chief and Headmen allege that the process that culminated in their removal breached procedural fairness or was unlawful in several ways. [...] The process was fair and lawful. Before providing detailed reasons regarding each alleged breach, I wish to emphasize a common theme. [...] [85] In assessing this argument, one must not lose sight that we are dealing with a process set forth in the Convention.
-
9,191.
Durocher v. Canada - 2016 FCA 299 - 2016-11-25
Federal Court of Appeal Decisions[28] According to this provision, in the 24 months preceding the sale, the shares had to be those of a corporation, the fair market value of the assets of which was attributable to assets used principally in an active business carried on primarily in Canada; or the corporation related to it had to be a “Canadian-controlled [...] which has the jurisdiction to “declare” null and void a contract for all legal purposes under articles 33, 35 and 142 the Code of Civil Procedure, C.Q.L.R. c. C-25.01 (compare, see Markou v. The Queen, 2016 TCC 137, paras. 7–21 where the TCC had to deal with a similar problem in a case arising in a common law province). [...] (c) throughout that part of the 24 months immediately preceding the determination time while it was owned by the individual or a person or partnership related to the individual, was a share of the capital stock of a Canadian-controlled private corporation more than 50% of the fair market value of the assets of which was
-
9,192.
Charkaoui, Re - 2009 FC 342 - 2009-04-02
Federal Court DecisionsMr. JOYAL: Absolutely, if the special advocates raise the argument, it will be given fair consideration and they will have to make a prima facie case, as they did before Justice Nöel, that Rule 151 applies. [...] [16] The provision for a special advocate, clothed with such a mandate and responsibilities, reflects Parliament's presumed intent to assure a fair hearing in compliance with section 7 of the Charter. [...] [94] I note at the outset that Justice Noël did not have to decide on the interpretation of the new provisions of section 9 of the IRPA dealing with the confidentiality of information.
-
9,193.
Canada (Attorney General) v. Tobin - 2008 FC 740 - 2008-06-16
Federal Court Decisions[...] 98. (1) Les règles établies en application de l’article 97 peuvent faire l’objet de directives du commissaire. [...] It is also similar to the second part of its fourth criterion, which relates to "... rendering his conduct injurious to the general reputation ..." and employees working at the CSC. I will deal with the first Millhaven Fibres criterion and the second part of its fourth criterion. [...] [56] Given the change of position by Counsel for the CSC on the standards issue as described above, I find it is fair to award costs of the present Application to Mr. Tobin.
-
9,194.
Canada v. 984274 Alberta Inc. - 2020 FCA 125 - 2020-07-28
Federal Court of Appeal Decisions[16] The direct consequence of these assessments was that the land that was transferred to the respondent during its 2003 taxation year was deemed by section 69 to have been acquired at its fair market value and that, as a result, no income was generated by the respondent on the arm’s length sale that took place the same [...] [62] The Department of Finance’s Technical Notes relating to subparagraph 161.1(3)(c)(v) of the Act, a provision dealing with the offset of refund interest and arrears interest, illustrate this. [...] a) peut faire ce qui suit : [...] [...] (iii) on or after sending the notice of assessment for the year, refund any overpayment for the year, to the extent that the overpayment was not refunded pursuant to subparagraph (i) or (ii); and
-
9,195.
Timm v. Canada - 2019 FC 238 - 2019-02-27
Federal Court DecisionsThis prevents surprises and ensures that the trial is conducted fairly and properly. [...] Of course, pleadings must be interpreted generously, but not in such a way as to allow an endless investigation into the dealings between the parties. [...] This judgment deals with those allegations. At trial, Mr. Timm referred to various other sources of dissatisfaction with his conditions of detention.
-
9,196.
Sendwa v. Canada (Citizenship and Immigration) - 2018 FC 569 - 2018-06-01
Federal Court Decisions[18] Subsections 70(1) and (2) of the IRPR deal with the issuance of a permanent resident visa and set out the classes which may apply for such visa. [...] [38] The IAD’s handling of the allegation of bias is reviewable on a standard of correctness as it is a matter of procedural fairness: Mission Institution v Khela, 2014 SCC 24 at para 79, [2014] 1 SCR 502. [...] The other reason was that the IRB had convened a special three-member panel to deal with another paragraph 117(1)(h) appeal because Sendwa 1 had changed the jurisprudence.
-
9,197.
Bauer v. The Queen - 2016 TCC 136 - 2016-05-31
Tax Court of Canada Judgments(a) may prejudice or delay the fair hearing of the appeal; (b) is scandalous, frivolous or vexatious; [...] ... 8. ... If the information or documents are to be used in an investigation or prosecution of an offence under section 239 of the Act, the issue for the particular court dealing with the prosecution of the offence ... will be whether the predominant purpose of the exercise of such powers was to gather information or [...] All of which deal with penal liability aspects and irrelevant to his income tax appeal.
-
9,198.
Lavoie v. The Queen - 2015 TCC 228 - 2015-09-24
Tax Court of Canada JudgmentsI take it to be a clear rule of construction that in the imposition of a tax or a duty, and still more of a penalty if there be any fair and reasonable doubt the statute is to be construed so as to give the party sought to be charged the benefit of the doubt. [...] [14] It should also be noted that, in this last decision, Judge Strayer had to deal with not only the penalty under subsection 163(2) but also the application of subsection 152(4) of the Act, which allows the Minister to reopen previous assessments going back more than four years (at the time). [...] [17] He is responsible for opening fence gates and preparing trucks to be driven by the employees of his corporations; he also looks after the trucks and breakdowns, and deals with obtaining transportation contracts.
-
9,199.
Druyan v. Canada (Attorney General) - 2014 FC 705 - 2014-07-15
Federal Court DecisionsThis suggests that officers, who deal with the scheme every day, have more expertise than the Federal Court (see Dr Q at paragraph 28). [...] [63] I need not deal with Issue 6 because of my findings. [64] Since the decision was reasonable, this application for judicial review is dismissed and there shall be no order as to costs. [...] a) ouvrir ou faire ouvrir tout contenant où, à son avis, se trouve tout ou partie d’un tel objet;
-
9,200.
Guillaume v. Canada (Public Safety and Emergency Preparedness) - 2013 FC 143 - 2013-02-08
Federal Court Decisions[19] It is important to note that this application for judicial review deals solely with the decision of the Minister’s delegate confirming the forfeiture of the currency under section 29 of the Act. [...] . . . [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. [...] (iii) establishing an agency that is responsible for dealing with reported and other information;