11,312 result(s)
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9,201.
Doucette v. Canada (Minister of Human Resources Development) - 2004 FCA 292 - 2004-09-15
Federal Court of Appeal Decisions[9] A fair reading of these comments suggests that Dr. Noftall cannot explain all of Mr. Doucette's symptoms by reference to his orthopaedic problems. [...] The reasons under review should be fairly considered and in performing that exercise, we should, as Binnie J. suggests, examine the record on which the decision under review is based. [...] He reported a great deal of physical and psychological stress which has been ongoing for the past two years.
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9,202.
Froom v. Canada (Minister of Citizenship and Immigration) - 2003 FC 1127 - 2003-10-02
Federal Court Decisions27. (2) L'agent d'immigration ou l'agent de la paix doit, sauf si la personne en cause a été arrêtée en vertu du paragraphe 103(2), faire un rapport écrit et circonstancié au sous-ministre de [...] a) quiconque complote avec quelqu'un de commettre un meurtre ou de faire assassiner une autre personne, au Canada ou à l'étranger, est coupable d'un acte criminel et passible de l'emprisonnement à perpétuité; [...] And I am sure there is something unusual about that case because by and large, by and large now the college deals with that by way of payback and in other cases by way of disciplinary process over the health professionals himself.
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9,203.
Ferring Inc. v. Canada (Attorney General) - 2003 FCT 293 - 2003-03-11
Federal Court DecisionsThe question, therefore, is whether the words "in respect of a drug" should be read in a limited way to mean that only NOCs "for" drug approval are covered or whether a broader meaning should be assigned such that section 4 of the PM(NOC) Regulations deals with NOCs for all the purposes described in subsection C.08.003(2) [...] [30] In my view, by using the phase "in respect of" instead of the word "for" or instead of the words "new drug submission" to describe notices of compliance, Parliament meant "in relation to" a drug and this meaning would include notices of compliance which deal with a drug's brand name and all the other matters listed in [...] (3) Sous réserve du paragraphe (4), la personne qui soumet une liste de brevets doit le faire au moment du dépôt de la demande d'avis de conformité.
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9,204.
Weeks v. Canada - 2000-12-12
Federal Court of Appeal Decisionsk) un téléimprimeur ou tout dispositif semblable (y compris un indicateur de sonnerie de poste téléphonique) pour permettre à une personne sourde ou muette de faire des appels téléphoniques et d'en recevoir; [...] o) un dispositif ou équipement, y compris un système de parole synthétique, une imprimante en braille et un dispositif de grossissement des caractères sur écran, conçu exclusivement pour permettre à un aveugle de faire fonctionner un ordinateur; [...] Before dealing with the substantive Charter issues, I wish to comment on the question of remedy.
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9,205.
Miningwatch Canada v. Canada (Fisheries and Oceans) - 2007 FC 955 - 2007-09-25
Federal Court DecisionsPart VII of the Schedule entitled “Physical activities and classes of physical activities” (the IL) deals with “fisheries”. [...] However, the Court must deal with two preliminary issues raised by the Respondents. [...] [218] Section 22 of the CEAA, which also deals with comprehensive studies, has not been amended.
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9,206.
Rovi Guides, Inc. v. Videotron Ltd. - 2022 FC 981 - 2022-06-30
Federal Court Decisions(d) may prejudice or delay the fair trial of the action, d) qu’il risque de nuire à l’instruction équitable de l’action ou de la retarder; [...] With the greatest respect, that is not what the Reasons of the CMJ, fairly and fully considered, actually were in this case. [...] Paras 67-69 These paragraphs deal with infringement by common design between Videotron and Comcast.
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9,207.
Houle v. Canada (Attorney General) - 2020 FC 578 - 2020-05-01
Federal Court Decisionsc. that it is likely that a person dealing with this condition will not have access, on the high seas, to adequate and timely medical care; and [...] Appendix A deals with vision standards; Appendix B, with hearing standards; Appendix C, with physical capability requirements; and Appendix D, with fitness criteria for medication use. [...] g) le fait qu’un fournisseur de biens, de services, d’installations ou de moyens d’hébergement destinés au public, ou de locaux commerciaux ou de logements en prive un individu ou le défavorise lors de leur fourniture pour un motif de distinction illicite, s’il a un motif justifiable de le faire.
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9,208.
Coveley v. The Queen - 2013 TCC 417 - 2013-12-20
Tax Court of Canada JudgmentsA due diligence review was undertaken by XDL. The deal fell through because XDL wanted more control over the management of cStar. [...] (C) the fair market value of the share is nil, and (D) it is reasonable to expect that the corporation will be dissolved or wound up and will not commence to carry on business [...] [87] I will now deal with whether the expenses paid by the appellants on behalf of cStar and the unpaid salaries can form the basis of the debt owed to the appellants.
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9,209.
Mugesera v. Canada (Minister of Citizenship and Immigration)) - 2003 FCA 325 - 2003-09-08
Federal Court of Appeal DecisionsWe were dealing with human rights abuses not with platitudes about the electoral process . . . [...] The opinion need not be fair in any objective sense. There is no requirement that the criticism be impartial and well-balanced. [...] . . . . . The comment does not have to be reasonable or temperate in order to be fair, in spite of some early suggestions to the contrary.
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9,210.
Montréal (City) v. Canada (Attorney General) - 2007 FC 702 - 2007-07-05
Federal Court Decisions[22] I will now deal with the impugned decision which apparently was made by the Tribunal further to a legal opinion from the Department of Justice, the exact content of which was not disclosed to the Court by the respondent. [...] 2.1 The purpose of this Act is to provide for the fair and equitable administration of payments in lieu of taxes. [...] b) faire, à l’égard du paiement, un versement provisoire ne dépassant pas la somme visée à l’alinéa a).
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9,211.
Bell Canada v. Communications, Energy and Paperworkers Union of Canada - 1998-03-17
Federal Court DecisionsIndeed "greater efficiency" and "economies of scale" are only sometimes productive of fairness and justice, and this appears not to be one of those instances. [...] In my view, this appeal can be entirely disposed of on jurisdictional and procedural grounds, and accordingly, I do not find it necessary or appropriate to deal with the correctness of the Canadian Human Rights Commission's interpretation of s. 11 of the Canadian Human Rights Act, S.C. 1976-77, c. 33. [...] That is a decision which the Commission made in defiance of the statute and of fairness: it ought not to have been made.
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9,212.
Olvera Romero v. Canada (Citizenship and Immigration) - 2014 FC 671 - 2014-07-09
Federal Court DecisionsIssue 1: Was the Applicant denied procedural fairness? Applicant’s Position [...] Because the final decision and attendant procedural fairness rights lie with the RPD, there is no duty to act fairly at the cessation application stage (Guay, above; Knight, above, at para 26). [...] Accordingly, it does not warrant a higher level of procedural fairness.
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9,213.
Lin v. Airbnb, Inc. - 2021 FC 1260 - 2021-11-19
Federal Court DecisionsThis is a neutral factor in assessing the fairness and reasonableness of the Class Counsel Fees. [...] This does not fit the definition of being “fair and reasonable in the circumstances.” [...] The Settlement Agreement is fair, reasonable, and in the best interests of the Settlement Class.
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9,214.
Sipos v. Canada - 2022 FC 230 - 2022-02-21
Federal Court Decisions[36] As noted above, to be “fair and just”, the record before the motions judge must permit the judge to find the facts necessary to resolve the dispute: Hryniak, above at para. 28. [...] [...] [40] Judges dealing with motions for summary judgment must, moreover, proceed with care, as the effect of the granting of summary judgment will be to preclude a party from presenting any evidence at trial with respect to the issue in dispute. [...] [84] In the present case, I am satisfied that I have the evidence to fairly determine this claim.
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9,215.
EAB Tool Company Inc. v. Norske Tools Ltd. - 2017 FC 898 - 2017-10-10
Federal Court Decisions[20] Mr. Trudgeon describes the early history of the TRADE-A-BLADE brand, and his dealings with Mr. Forbes at that time. [...] (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 produits liés à ces marques de commerce sont fabriqués, vendus, donnés à bail ou loués, ou que les services liés à ces [...] a) faire une déclaration fausse ou trompeuse tendant à discréditer l’entreprise, les produits ou les services d’un concurrent
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9,216.
Watson v. Canada (Indian and Northern Affairs) - 2017 FC 321 - 2017-03-28
Federal Court Decisionsa) l’objet de la modification est de faire concorder le document avec les questions en litige à l’audience; [...] The purpose of weighing these factors is to ensure fairness and justice. [...] In the course of argument, counsel representing the Crown fairly conceded that “perhaps the estoppel argument does not entirely cover off the matter”.
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9,217.
Forest Ethics Advocacy Association v. Canada (National Energy Board) - 2014 FCA 245 - 2014-10-31
Federal Court of Appeal DecisionsIt also has considerable experience and expertise in ensuring that its hearings deal with the issues mandated by the Act in a timely and efficient way. [...] [77] Parliament has recently enacted section 55.2 to make Board hearings fair but more focused and efficient: Jobs, Growth and Long-term Prosperity Act, supra at section 83. [...] • Further, the Board’s reference to “fairness” signals a sensitivity to the interests, including free expression interests, of each applicant before it.
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9,218.
3563537 Canada inc. v. Canada (Revenue Agency) - 2012 FC 1290 - 2012-11-05
Federal Court Decisions. . . I cannot ascertain from the decision of Ms. Shields, who reconsidered the request and upheld the previous fairness decision, that she took any of the applicant’s explanations into account. [...] [79] Paragraph 33 of Information Circular IC07-1 deals with, among other things, the failure to act quickly. [...] 25. Les pénalités et les intérêts peuvent faire l'objet d'une renonciation ou d'une annulation, en tout ou en partie, lorsqu'ils découlent de circonstances indépendantes de la volonté du contribuable.
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9,219.
Triad Gestco Ltd. v. Canada - 2012 FCA 258 - 2012-10-15
Federal Court of Appeal DecisionsOn August 27, 2002, the appellant owned shares of Rcongold which had a fair market value of $8 million (the common shares). [...] On August 28, 2002, the appellant continued to own shares of Rcongold which had a fair market value of $8 million (the Class "E" shares) and after the disposition of the common shares of Rcongold to the [Peter Cohen Trust], the appellant continued to own shares in Rcongold having a fair market value of $8 million. [...] [26] Before embarking on the analysis, it is useful to briefly review the provisions of the Act which deal with treatment of capital losses.
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9,220.
Sittampalam v. Canada (Citizenship and Immigration) - 2007 FC 687 - 2007-06-28
Federal Court Decisions[22] A breach of procedural fairness may also constitute a reviewable error, without reference to any standard of review. [...] I will deal with each of these arguments separately. [49] On the first alleged error, the Applicant seems to be asking for a re-weighing of the findings as they related to Sri Lankan country conditions. [...] In effect, the Respondent argues that any breach of fairness was de minimus and that it would not have affected the outcome of the danger opinion.
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9,221.
Air Canada Pilots Assn. v. Air Line Pilots Assn. - 2003 FCA 160 - 2003-03-27
Federal Court of Appeal Decisions[16] The Board held that in the context of seniority list integration under the Code, its role is to protect negotiated rights and to amend such existing rights only to the extent necessary to produce a fair and equitable result. [...] b) faire l'objet d'un recours judiciaire, notamment par voie d'injonction, de certiorari, de prohibition ou de quo warranto. [...] [33] In dealing with the date of the merger of Air Canada and Canadian, it is apparent there is no express agreement in the Protocol as to a date for seniority list integration.
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9,222.
Enright v. The Queen - 2002-07-25
Tax Court of Canada JudgmentsThey took their cattle to various shows and fairs in order to advertise their inventory, which made it necessary to invest in a new truck and a bigger trailer. [...] Consequently, an analysis of the REOP test in the context of the facts of this case is not superfluous in the circumstances, and I will deal with this aspect first. [...] Third, he sought to develop a strong reputation in the industry by showing his animals at fairs.
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9,223.
Sousa Bettencourt v. Canada (Citizenship and Immigration) - 2023 FC 225 - 2023-02-16
Federal Court Decisionsi. Was the decision rendered in breach of a duty of procedural fairness? [...] Rather, the Court is to determine whether the proceedings were fair in all of the circumstances. [...] The Decision was Not Made in Breach of the Duty of Procedural Fairness
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9,224.
Abdelrazik v. Canada (Foreign Affairs) - 2009 FC 580 - 2009-06-04
Federal Court DecisionsAssuming the USA has issues with him, they should let the USA deal with him. [...] In those circumstances, it is neither fair nor accurate to say that Canada exhibited a laissez faire attitude. [...] Abdelrazik appears to be in fairly good health but first impressions are that of a broken man.
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9,225.
Chippewas of the Thames First Nation v. Enbridge Pipelines Inc. - 2015 FCA 222 - 2015-10-20
Federal Court of Appeal DecisionsIf the tribunal structure set up by the legislature is incapable of dealing with a decision’s potential adverse impacts on Aboriginal interests, then the Aboriginal peoples affected must seek appropriate remedies in the courts: Haida Nation, at paragraph 51. [...] [47] As is apparent from paragraph 63 of Carrier Sekani (reproduced above), the Supreme Court acknowledged that tribunals may lack practical and effective remedial powers to deal with failures on the part of the Crown to comply with applicable Haida duties. [...] In that case, the affected First Nation relied on the duty to consult as a basis for arguing that the NEB was subject to a heightened level of procedural fairness.