11,311 result(s)
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9,226.
P.H. v. Canada (Attorney General) - 2020 FC 393 - 2020-03-19
Federal Court DecisionsThey are federal statutes dealing with matters falling within the federal government’s exclusive jurisdiction over criminal law. [...] [57] It is unnecessary for me to decide whether the principles of judicial comity apply in this instance since I am of the view that the considerations that underlie judicial comity – deference and respect, order and fairness, stability and unity – nevertheless apply in this case. [...] The report deals generally with the impact of the court proceedings on the Applicant and the risk of recidivism rather than dealing specifically with the impacts of a criminal record.
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9,227.
Boily v. Canada - 2019 FC 323 - 2019-03-18
Federal Court DecisionsMr. Boily pleads that Prothonotary Tabib could not simply infer that Justice Gagné intended to deprive him of the ability to make his case by calling expert evidence, a right expressly provided for by the Rules: the right to make one’s case and to call admissible evidence constitutes a pillar of procedural fairness which, [...] It had: (1) an overview of Professor Rosenblum’s qualifications; (2) an overview of his opinion; (3) a discussion section comprising the same four subsections dealing with problems and issues of diplomatic assurances and a fifth subsection now entitled “Evaluating the Assurances in light of credible human rights reporting [...] It, however, repeated several passages from the First Rosenblum Report dealing with the human rights situation in Mexico, intertwined with new and expanded comments on the conditions prevailing in Mexico at the time of Mr. Boily’s extradition.
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9,228.
Harry Sargeant III v. Al-Saleh - 2014 FCA 302 - 2014-12-19
Federal Court of Appeal DecisionsConsequently, the Appellant says that the Judge erred when she did not deal with his motion on a de novo basis. [...] b) de la publicité à faire à leur intention; (c) the time within which claimants must file their claims; and [...] [70] However, when I attempted to deal with the merits of the claim, I realized that I could not do so because of the state of the evidentiary record.
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9,229.
Enseignants de Langue Anglaise de Montréal. v. M.N.R. - 2014 TCC 287 - 2014-09-26
Tax Court of Canada JudgmentsAs a result, it wanted to specify a good deal of what was to be provided and to ensure a certain uniformity. [...] As a result, this court may potentially deal not only with the status of the individuals, but also the period during which that status existed. [...] 21. Exhibit R-17 is a document of the same nature as Exhibit R-16 except that it deals with Janice Walsh-Bonal.
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9,230.
Craig v. The Queen - 2009 TCC 617 - 2009-12-17
Tax Court of Canada JudgmentsHe retained the services of a trainer to facilitate his entry into this new venture and continued to retain such services under a fairly comprehensive arrangement which incorporated the provision of all required maintenance of the horses as well as their training; [...] In spite of the anomalies that arise in dealing with section 31, the jurisprudence invoking a sideline business restriction construction of the section is well-ingrained in the law. [...] [86] However, dealing with this concern in this manner does not seem entirely satisfactory.
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9,231.
JPMorgan Chase Bank v. Mystras Maritime Corp. - 2005 FC 864 - 2005-06-17
Federal Court DecisionsThese cases, taken together, principles from which I have applied, deal extensively with most of the priorities issues which one might encounter. [...] In the present instance Tramp has presented a better case than that of the bunker suppliers in The Nel, who relied upon hindsight and a good deal of supposition and assumption. [...] [176] [...] Canadian courts have, on fairly rare occasions, been able to find special circumstances by which to rectify a plainly unjust result.
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9,232.
Medeiros v. Echum - 2001 FCT 1318 - 2001-11-30
Federal Court Decisions[23] I start from the proposition that a band council has a legal obligation to exercise its powers fairly and with an even hand, and is not entitled to make arbitrary decisions that benefit one group of members to the exclusion of another group. [...] [17] On the fax cover sheet of his October 25, 1996 letter to Laura Medeiros, Chief Echum said he would only be dealing with the Chief and Council of the Hornepayne First Nation. [...] [46] He concludes by expressing his opinion, after the recognitions of the Hornepayne First Nation he cited, other First Nations would feel obligated to deal with Hornepayne First Nation on a government-government basis.
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9,233.
MMV Capital Partners Inc. v. The Queen - 2020 TCC 82 - 2020-08-12
Tax Court of Canada Judgments[89] Section 256.1 of the Act was added in 2013 specifically to deal with continued corporate loss trading where de jure control is not acquired [30] . [...] [124] In addition, paragraph 256(1.2)(c) deems a corporation to be controlled by a person for purposes of certain provisions of the Act if the person holds shares of the corporation, or common shares of the corporation, having a fair market value of more than 50% of the fair market value of all the outstanding shares, or [...] [143] A review of the various provisions of the Act dealing with loss streaming and acquisitions of control makes clear that Parliament does not limit itself to actual acquisitions of control in the literal sense.
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9,234.
Canada v. Hudson - 2024 FCA 33 - 2024-02-20
Federal Court of Appeal DecisionsC.Q.L.R., c. C-12; was systemically negligent; failed to apply the provisions of the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, its regulations, and the Code of Conduct promulgated under the RCMP Act in a fair manner; and failed to act honourably and in good faith when dealing with Indigenous class members. [...] This reflects the public interest in proceedings moving in an efficient, timely, and fair manner, and avoiding the wasteful use of judicial resources: Mylan at para. 5; Coote at para. 13; Clayton at para. 28. [...] [63] Read fairly, the motion judge’s reasons do not conflate systemic discrimination with implicit discrimination.
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9,235.
Vachon Estate v. Canada (Attorney General) - 2023 FC 1582 - 2023-11-27
Federal Court Decisions[37] The analysis that follows will therefore deal with the orders sought by the applicants that are not already moot. [...] However, the hearing officer concluded that the expropriation was indefensible, that it was neither fair nor sound and that on the merits it should not be approved. [...] [101] At the end of the hearing, I asked the parties to discuss amongst themselves what amount they thought would be fair to award as costs to the winning party, and they agreed on an amount of $2,700.
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9,236.
Saltstream Engineering Ltd. v. Canada (Fisheries, Oceans and Coast Guard) - 2022 FC 621 - 2022-04-27
Federal Court Decisions[31] Mr. Smeal gave a detailed description of the company’s fish farming operation, which deals only with the production of Chinook salmon. [...] ...[W]hen a government body makes a decision regarding an individual, particularly where the individual has much at stake, the decision-maker does not act fairly when basing its decision, at least to some degree, on the desire to quiet the criticism of others. [...] [82] I note that the decision in Keating, supra involved issues of procedural fairness which are not engaged in this case.
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9,237.
Iris Technologies Inc. v. Canada (National Revenue) - 2021 FC 874 - 2021-08-25
Federal Court Decisions• T-768-20, where Iristel is seeking a declaration that the Minister assessed for an improper purpose without an evidentiary foundation and failed to afford procedural fairness in the audit of the Applicant; [...] [5] The Minister filed motions to strike the Notices of Application in T-768-20 (the procedural fairness/improper purpose application) and T-1010-20 (the wage subsidy denial application). [...] First, that the facts are distinct from Iristel’s circumstances because the Court was not dealing with a general prohibition on collections as is being sought here but rather was concerned with the sale of properties that had already been seized or that were going to be seized.
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9,238.
Danyi v. Canada (Public Safety and Emergency Preparedness) - 2017 FC 112 - 2017-01-30
Federal Court DecisionsBut, in my view, this debate is of no moment where we are dealing with decisions that are the product of “fettered discretions.” The result is the same. [...] [20] The Applicants argue that the Officer did not give due consideration to Alex’s best interests because, in view of Joarder v Canada (Minister of Citizenship and Immigration), 2006 FC 230 at para 3, 146 ACWS (3d) 305 [Joarder], “there is a requirement that the immediate interests of affected children be treated fairly [...] [35] The jurisprudence has established that enforcement officers are required to consider the short-term best interests of a child in a fair and sensitive manner (see: Joarder at para 3; Kampemana at para 34).
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9,239.
Canada v. Lehigh Cement Limited - 2014 FCA 103 - 2014-04-23
Federal Court of Appeal DecisionsIn these reasons, I shall deal with the latter issue first. [35] The taxpayers submit that paragraph 95(6)(b) focuses upon the principal purpose of the particular acquisition or disposition of the shares, not the principal purpose of the series of transactions of which the acquisition or disposition forms a part. [...] Accordingly, we must interpret “clear and unambiguous” text in the Act in a way that promotes “consistency, predictability and fairness,” with due weight placed upon the particular wording of the provision: Canada Trustco, at paragraph 12, citing Shell Canada Ltd., supra at paragraph 45. [...] It would also promote arbitrary application, the bane of consistency, predictability and fairness.
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9,240.
Saint Honore Cake Shop Limited v. Cheung's Bakery Products ltd. - 2013 FC 935 - 2013-09-05
Federal Court Decisions- While Ms. Kwan deals with many constituents who speak Chinese, she has no knowledge as to how many of the Chinese-Canadians with whom she meets can read and understand Chinese characters; and [...] (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 marchandises liées à ces marques de commerce sont fabriquées, vendues, données à bail ou louées, ou que les services liés [...] (3) L’emploi d’une marque de commerce crée de la confusion avec un nom commercial, lorsque l’emploi des deux dans la même région serait susceptible de faire conclure que les marchandises liées à cette marque et les marchandises liées à l’entreprise poursuivie sous ce nom sont fabriquées, vendues, données à bail ou louées,
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9,241.
Cabreja Sanchez v. Canada (Citizenship and Immigration) - 2012 FC 1130 - 2012-09-26
Federal Court DecisionsThe applicant submits that all these issues are procedural fairness questions that are reviewable on a correctness standard. [...] The applicant submits that when natural justice or procedural fairness are breached in the process of issuing an exclusion order to a foreign national, the exclusion order is invalid and should be rescinded. [...] It is also notable that in Canada (Minister of Citizenship and Immigration) v Pulido Diaz, 2011 FC 738, [2011] FCJ No 926 at paragraph 13, Mr. Justice Michael Phelan observed that in Hill above, the Federal Court of Appeal did not deal with Article 1F(b).
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9,242.
Dufour v. Canada (Attorney General) - 2011 FC 138 - 2011-02-08
Federal Court Decisions• [9] On page 766 of the decision in ITO-Int’l Terminal Operators v. Miida Electronics, [1986] 1 SCR 752, the Supreme Court of Canada outlines the applicable criteria for determining whether the Federal Court has the jurisdiction to deal with a given case. [...] (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe; [...] f) une demande d’indemnisation, fondée sur une convention relative au transport par navire de marchandises couvertes par un connaissement direct ou devant en faire l’objet, pour la perte ou l’avarie de marchandises en cours de route;
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9,243.
Sun Pac Foods Ltd. v. A. Lassonde Inc. - 2005 FC 1142 - 2005-08-23
Federal Court Decisions(3) Sous réserve de tout accord encore valide entre lui et le propriétaire d'une marque de commerce, le licencié peut requérir le propriétaire d'intenter des procédures pour usurpation de la marque et, si celui-ci refuse ou néglige de le faire dans les deux mois suivant cette réquisition, il peut intenter ces procédures en [...] [39] It remains to assess the possibility of adding Industries within the context of the case law dealing with paragraph 104(1)(b) of the Rules. [...] One must look at what is reasonable and fair under the circumstances: Smith, Kline & French Ltd. v. A.-G. Can., per Addy J. at p. 109.
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9,244.
Hewlett Packard (Canada) Ltd. v. Canada - 2004 FCA 240 - 2004-06-21
Federal Court of Appeal Decisionsgaining or producing income, has begun at a later time to use it for some other purpose, the taxpayer shall be deemed to have disposed of it at that later time for proceeds of disposition equal to its fair market value at that time and to have reacquired it immediately thereafter at a cost equal to that fair market value; [...] [26] The question relating to the change of use can be disposed of fairly quickly. [...] [42] Although this provision is found in subdivision C dealing with capital gains, it is also applied with respect to CCA and specifically paragraph 13(21)(c), the provision with which we are concerned.
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9,245.
Fraynn v. Ermineskin Band - 2000-01-28
Federal Court Decisions... 22. It is submitted that two Statements of Account forwarded by Duncan & Craig, Lawyers and Mediators, are not fair, have not been reasonably incurred, and not all costs arise in the four corners of this litigation. [...] 3. Pursuant to Section 241(3) of the Canada Labour Code, Mr. Andrew C.L. Sims, Q.C., was appointed as the Adjudicator to deal with my complaint of unjust dismissal against the Ermineskin Band. [...] It is fair for the Complainant to recover reasonable costs associated with settlement of terms or even outright settlement.
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9,246.
Lussier v. The Queen - 1999-07-16
Tax Court of Canada JudgmentsIt should be noted that tax administration in Canada is based on the principle of self-assessment and that it is perfectly reasonable and fair for taxpayers to be allowed to correct mistakes that have crept into their tax returns. [...] [29] To determine whether this argument is correct, I consider it helpful to compare the wording of subsection 104(13.1) of the Act with that of the following subsection, 104(14), which deals with elections made by a trust and a preferred beneficiary. [...] I consider what Robertson J.A. said in Nassau, supra, to be quite apt here: “It cannot be doubted that the refusal of the Minister to accede to Nassau’s request seems antithetical to elemental concepts of fairness” (paragraph 29, p. 297).
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9,247.
Chaudhry v. Canada (Minister of Citizenship and Immigration) - 1999-03-08
Federal Court DecisionsI deal subsequently with the point that is peculiar to the case of Mr. Shouq. [...] (3) Dans le cas d'une personne devant faire l'objet d'une enquête ou d'une enquête complémentaire ou frappée par une mesure de renvoi ou de renvoi conditionnel, l'arbitre peut ordonner_: [...] b) soit de la faire garder, s'il croit qu'elle constitue vraisemblablement une menace pour la sécurité publique ou qu'à défaut de cette mesure, elle se dérobera vraisemblablement à l'enquête ou à sa reprise ou n'obtempérera pas à la mesure de renvoi;
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9,248.
Reano v. Jennie W (The Ship) - 1997-12-11
Federal Court of Appeal DecisionsWe are aware of the situation, but at the same time we believe the figures claimed are not fair. [...] Counsel for the Plaintiffs acted with the utmost of fairness in keeping the Defendant informed at all times with respect to the proceedings. [...] It seems to me that the only fair way of ascertaining the amounts truly owing is by way of a reference pursuant to Rules 433(2)15 and 500.
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9,249.
Air Passenger Rights v. Canada (Attorney General) - 2024 FCA 128 - 2024-08-12
Federal Court of Appeal DecisionsWhile APR has demonstrated the frustrations experienced by a number of air travellers in dealing with Canadian airlines and credit card companies in the aftermath of mass flight cancellations, those frustrations were caused by the third parties. [...] [39] APR relies on paragraph 61 to argue that Sierra Club confirms “that procedural fairness is an independent basis that is always justiciable, despite that the contents of the subject document may not be amenable to judicial review”. [...] It argues that if a regional assessment under the IAA were prepared in a manner contrary to the requirements of procedural fairness, the resulting regulation could be struck down.
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9,250.
Singh v. Canada (Citizenship and Immigration) - 2022 FC 147 - 2022-02-07
Federal Court DecisionsThe Officer added that Mr. Singh’s establishment is fairly typical of a person living in Canada for as long as Mr. Singh has. [...] A reviewing court must show deference and intervene “only where it is truly necessary to do so in order to safeguard the legality, rationality and fairness of the administrative process” (Vavilov at para 13). [...] The passages of the decision pertaining to the humanitarian and compassionate circumstances dealing with Mr. Singh’s establishment in Canada, the hardship of his return to India or the best interests of his grandchildren illustrate the failures on the part of the Officer.