11,311 result(s)
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9,251.
Osborne v. Canada (Attorney General) - 2022 FC 122 - 2022-02-02
Federal Court DecisionsThese include: (i) an affidavit that provides general background to assist the Court in understanding the issues relevant to the judicial review, (ii) an affidavit dealing with procedural defects that cannot be found in the evidentiary record, and (iii) an affidavit to highlight the complete absence of evidence before the [...] On the one hand, the fairness policy referred to by the Applicant does not apply to section 216 returns. [...] de l’année, relativement à la personne non-résidente ou à la société de personnes, une somme au receveur général en paiement d’impôt sur le loyer de biens immeubles ou réels ou sur une redevance forestière peut choisir, en vertu du présent article, de ne pas faire de remise en vertu de ce paragraphe, auquel cas elle doit :
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9,252.
Canada (Public Safety and Emergency Preparedness) v. Bafakih - 2022 FCA 18 - 2022-02-01
Federal Court of Appeal Decisions[42] Here, the Review Panel did none of that, despite having before it, among other things, the provisions of the Kenyan Constitution of 1963 and 2010 dealing with citizenship, which suggested that children of Kenyan citizens may be entitled to Kenyan citizenship by descent, thereby leaving the issue of the materiality of [...] [43] Hassan v. Canada (Minister of Citizenship and Immigration), 174 F.T.R. 288, 1999 CanLII 8795 (F.C.T.D.) (Hassan) reaffirmed that an individual facing vacating proceedings was “entitled to the clearest assurance that the Refugee Division has given full and fair consideration to the evidence” (Hassan at para. 23). [...] [45] Similarly, in the present matter, if the Review Panel had given “full and fair consideration to the evidence” and concluded that the respondents had no right to Kenyan citizenship, “it could not have found that [they were] guilty of misrepresentation or concealment”.
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9,253.
Canada (Attorney General) v. Utah - 2020 FCA 224 - 2020-12-29
Federal Court of Appeal DecisionsWe are dealing with decisions of the highest court in Alberta interpreting an Alberta statute. [...] [25] Instead, Mr. Utah points to what he says is the purpose of the Act: “to create a fair balance between the rights of the respective parties and to do justice as between the parties”. [...] From there, he submits, in essence, that it would be fair and just in the circumstances of this case to find that his claim is not barred.
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9,254.
Asghar v. Canada - 2020 FC 1136 - 2020-12-08
Federal Court Decisions[14] The test for determining whether the Claim may be struck was described in detail by Mr. Justice Brown in reasons given on a similar motion dealing with a similar action brought by the Plaintiff in 2017. [...] (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; [...] In this regard, the Supreme Court of Canada has noted that the power to strike out a statement of claim is a “valuable housekeeping measure essential to effective and a fair litigation.” See Hunt v Carey Canada Inc, [1990] 2 SCR 959 and R v Imperial Tobacco Canada Ltd, 2011 SCC 42, at paragraphs 17 and 19.
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9,255.
Mahadjir Djibrine v. Canada (Citizenship and Immigration) - 2020 FC 1036 - 2020-11-06
Federal Court Decisions● The determination of falsity or omission of consideration by the [RPD] is unreasonable and constitutes a breach of the duty to act fairly; [...] [18] As the parties agree, incompetence on the part of counsel representing a refugee claimant may amount, in extraordinary circumstances, to a failure to observe a principle of natural justice or a breach of procedural fairness: Brown v Canada (Citizenship and Immigration), 2012 FC 1305 at paras 30, 55–56, 59 [Brown [...] If the RAD does not reopen the appeal, then subject to any challenge to that decision that may be brought to this Court, I will deal with the other matter on the merits.
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9,256.
Caleb v. Canada (Citizenship and Immigration) - 2020 FC 1018 - 2020-10-30
Federal Court DecisionsIn my view, neither of these arguments can be sustained on a fair reading of the H&C officer’s reasons. [...] Of the fairly extensive submissions made by the Calebs regarding economic conditions and other hardships in Nigeria, the submissions related to gender-based discrimination were limited to the submission that “[w]omen have particularly higher rates of unemployment than men. [...] [38] Overall, I am satisfied that the H&C officer’s reasons show that the bests interests of the Caleb children were well identified and defined, and examined with a great deal of attention: Hawthorne at para 32, citing Canada (Minister of Citizenship and Immigration) v Legault, 2002 FCA 125 at paras 12, 31.
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9,257.
Catalyst Pharmaceuticals Inc v. Canada (Attorney General) - 2020 FC 938 - 2020-09-30
Federal Court DecisionsFinally, in response to Médunik’s argument regarding standing, they submit that the case law cited by the respondents does not apply, as it does not deal with data protection. [...] 27, where he affirms that the licensing and supply agreement with Catalyst “contemplates a fairly equitable split of net sales between the two companies;”; and (3) paragraphs 37-52, where he outlines the allegations of lost profits and price erosion resulting from competition, and why these losses will not be recoverable. [...] This conclusion is not displaced by considering Mr. Reynolds’ general affirmation that the agreement between the parties “contemplates a fairly equitable split of net sales between the two companies.”
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9,258.
Bemister v. Canada (Attorney General) - 2019 FCA 190 - 2019-06-24
Federal Court of Appeal Decisionssont applicables aux programmes, notamment en ce qui concerne les primes et cotisations à verser, les prestations et les dépenses à effectuer ainsi que la gestion, le contrôle et la vérification des programmes, et faire des paiements, notamment à l’égard des primes, cotisations, prestations et autres dépenses y afférentes. [...] The Partners Committee is to be comprised of representatives of the parties to the Framework MOU and is “mandated to develop recommendations for approval by the Treasury Board on changes to the terms of the [Plan] to deal with cost pressures and other matters” (appeal book at p. 188). [...] [...] Given the current economic environment, it is timely that a reformulated Joint Recommendation which is fair to [Plan] members and to Canadian taxpayers be developed” (appeal book at p. 1024).
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9,259.
Li v. Canada (Public Safety and Emergency Preparedness) - 2019 FC 548 - 2019-04-30
Federal Court DecisionsInsufficient evidence was submitted to ... to show that Mrs. Xia Li would not be able to care for her child in China or that she won’t be able to deal with her psychological issues in China. [...] [27] More recently, in Kampemana v Canada (Public Safety and Emergency Preparedness), 2015 FC 1060 at para 34, [Kampemana], the Court confirmed that: while enforcement officers “must consider the immediate and short-term interests of the children and treat these fairly and with sensitivity”, they “are not required to review [...] [28] 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 (Joarder v Canada (Minister of Citizenship and Immigration), 2006 FC 230 at para 3; Kampemana at para 34).
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9,260.
dTechs EPM Ltd. v. British Columbia Hydro & Power Authority - 2019 FC 539 - 2019-04-29
Federal Court Decisions(b) the salutary effects of the confidentiality order, including the effects on the right of civil litigants to a fair trial, outweigh its deleterious effects, including the effects on the right to free expression, which in this context includes the public interest in open and accessible court proceedings. [...] However, in Sierra Club, the Supreme Court of Canada was dealing with a confidentiality order to protect a litigant’s commercial interests in part on the basis that the litigant would not be willing or able to advance its case without such an order. [...] [64] Finally, I wish to add that given the fairly low test that a party has to satisfy to obtain a protective order, parties should be encouraged to apply informally to the Court, particularly in case managed proceedings, when such relief is sought on consent of the parties or is unopposed; see Notice to the Parties and the
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9,261.
Douglas v. Canada (Citizenship and Immigration) - 2018 FC 770 - 2018-07-20
Federal Court Decisions[7] The Applicant submitted three issues for review: whether the Officer committed a reviewable error in the assessment of the evidence; breached procedural fairness by relying on an unidentified interviewer’s notes that were dated June 21, 2017, more than four (4) months after the said interviews; and, whether the decision [...] [10] The Applicant submits that the Officer breached procedural fairness by arriving at a conclusion without providing adequate reasons, which is an error reviewable on the standard of correctness (Shpati v Canada (Public Safety and Emergency Preparedness), 2010 FC 1046 at para 28. [...] This manual deals with all aspects of adoption, including identifying an adoption which was entered into primarily for the purpose of acquiring a status or privilege.
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9,262.
Papequash v. Brass - 2018 FC 325 - 2018-03-21
Federal Court DecisionsMany factors must be taken into account - in this case: the slow progress of the proceeding, fairness to the parties, the conduct of the parties, the many opportunities given to comply or to provide an explanation on the record and the failure to provide a concrete plan and keep to it. [...] Each of these affidavits deals with Rodney Brass’ attempts to bring an end to this litigation in return for substantial cash payments. [...] c) faire sciemment usage d’un faux bulletin de vote; (d) put a ballot into a ballot box knowing that they are not authorized to do so under the regulations;
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9,263.
Francis H.V.A.C. Services Ltd. v. Canada (Public Works and Government Services) - 2017 FCA 165 - 2017-08-09
Federal Court of Appeal Decisions[12] Relying on its own jurisprudence, the CITT first noted that evaluators are afforded a great deal of deference when complaints are launched into the reasonableness of their bid evaluations. [...] Francis Ltd. says that allowing MNBS to amend its tender after the tendering process had closed not only offends the principle of fairness which must govern the procurement process, but also a number of trade agreements. [...] [33] I agree with counsel for PWGSC that disqualifying a compliant bidder based on PWGSC’s own error would be antithetical to a fair procurement process.
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9,264.
Canada (Attorney General) v. Beddows - 2016 FCA 294 - 2016-11-23
Federal Court of Appeal Decisions(3) L'autorité initiale ou, dans le cas d'un grief qui n'est pas visé par la section 2, l'autorité de dernière instance peut étudier le grief déposé en retard si elle est convaincue qu'il est dans l'intérêt de la justice de le faire. [...] [23] In reviewing a decision of the Federal Court which deals with an application for judicial review, this Court’s task is to determine whether the Federal Court identified the proper standard of review and whether that standard was correctly applied (Agraira v. Canada (Public Safety and Emergency Preparedness), 2013 SCC [...] The final authority in the decision making process provided by the legislation is the CDS and no evidence has been put forward to show that he would have been unable to reconsider the matter in a fair and impartial manner.
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9,265.
Enoch Cree Nation v. Canada - 2016 FC 994 - 2016-09-02
Federal Court Decisions[5] The facts in the present case are fairly well documented and, for the most part, not controversial. [...] Railway Co v McKercher LLP, 2013 SCC 39 (CanLII), [2013] SCJ No. 39 [McKercher], the Supreme Court of Canada has provided guidance as to when it is appropriate to deny a party the counsel of its choice because of some past dealings by the counsel, or individuals in his law firm, with the opposing party to the litigation. [...] [39] This case is fairly unique in that both parties to this motion have, at some point in time, asserted that Parlee is in a conflict of interest vis-à-vis the interests of the other party.
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9,266.
D & D Livestock Ltd. v. The Queen - 2013 TCC 318 - 2013-10-22
Tax Court of Canada Judgmentsof which) was to effect a significant reduction in the portion of the capital gain that, but for the dividend, would have been realized on a disposition at fair market value of any share of capital stock immediately before the dividend and that could reasonably be considered to be attributable to anything other than [...] Justice Woods was dealing with a factual situation that caused the phrase “could reasonably be considered to be attributable” to have ambiguity. [...] The provisions of the Income Tax Act must be interpreted in order to achieve consistency, predictability and fairness so that taxpayers may manage their affairs intelligently.
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9,267.
Chalita Gonzalez v. Canada (Citizenship and Immigration) - 2011 FC 1059 - 2011-09-08
Federal Court Decisionscoupled with state efforts to improve legislation, as well as the capacity and accountability of security forces to address human rights violations, the principal claimant would be able to access a variety of support organizations and state mechanisms to adequately address or deal with the harassment or discrimination. [...] [32] The adequacy of reasons is a question of procedural fairness that is reviewed on a correctness standard. [...] The applicant received a thorough and fair hearing before the Board after which he received the Board’s written decision and reasons.
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9,268.
Villegas Echeverri v. Canada (Citizenship and Immigration) - 2011 FC 390 - 2011-03-30
Federal Court Decisionsi. Colombia is a functioning democracy in which free and fair elections recently were held; [...] Of course, this assumes that the Board has not committed any overriding errors that warrant setting aside its overall decision, for example, on procedural fairness grounds. [...] It deals with the special situation where a person may have been subjected to very serious persecution in the past and will not therefore cease to be a refugee, even if fundamental changes have occurred in his country of origin.
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9,269.
Hernandez Hernandez v. Canada (Citizenship and Immigration) - 2010 FC 1323 - 2010-12-23
Federal Court DecisionsWhat emerges is Article 1F(b) leaves signatories to the convention a fair degree of latitude to exclude both criminal and possibly criminal applicants. [...] Naturally, for such premise to apply, the RPD [Board] must first be satisfied that the issuing authority does respect the rule of law, that is, for example, that it is not dealing with a country known for the filing of false charges as a means of harassment or intimidation. [...] The respondent notes that the 2009 Department of State (DOS) document indicated that in 2006, Colombia had presidential elections that were considered generally free and fair.
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9,270.
Pfizer Canada Inc. v. Novopharm Limited - 2010 FC 668 - 2010-06-21
Federal Court Decisionsright of civil litigants to a fair trial, outweigh its deleterious effects, including the effects on the right to free expression, which in this context includes the public interest in open and accessible court proceedings. [...] Any adverse impact upon Northwestern University’s ability to present its case, as the co-owner of one of the patents that Novopharm has alleged is invalid, would undermine its right to a fair trial (Sierra Club, above, at 549). [...] Novopharm’s refusal to accept the Orders issued in the motions below forced Pfizer and Northwestern to incur substantial additional costs to deal with this motion.
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9,271.
Arcand v. Abiwin Co-operative Inc. - 2010 FC 529 - 2010-05-13
Federal Court DecisionsThe applicant is fairly entitled to compensation. Respondent’s Written Submissions [...] These proceedings violate the community’s sense of fair play and decency. [...] Further, in dealing with the privacy complaint, the Commission applied Principle 4.3 regarding consent and found that there had in fact been a breach of the applicant’s privacy by the respondent.
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9,272.
McLarty v. The Queen - 2010 TCC 141 - 2010-03-08
Tax Court of Canada JudgmentsGeorge Fairs of 746757 Alberta Ltd. $1,800.00 [9] Mr. Haymour stated that it was necessary to retain these consultants to review their prior work and prepare to testify at the hearing. [...] [20] Ms. Burnham stated that Christopher Talbot and George Fairs were involved with finding the seismic database and testified about their involvement in that process. [...] While executive class travel affords travellers a great deal of comfort, it is an extravagance, the cost of which is not justified for domestic travel and recoverable on a party and party taxation.
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9,273.
McMaster v. Canada - 2009 FC 937 - 2009-09-21
Federal Court Decisionsd) ait la possibilité de faire au moins une heure d'exercice par jour, en plein air si le temps le permet ou, dans le cas contraire, à l'intérieur. [...] Justice Rouleau found the official’s informal conduct was not “illegal” since he was obligated to deal with such situations.It was his action in combination with the Commission’s denial of the plaintiff of any means of appealing the official’s decision that constituted the unlawful act.Justice Rouleau found that while the [...] ... Although I’m fairly confident that Ms. Whirry [sic] will not appreciate that I have contacted you on this matter I have been left with little to no choice.
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9,274.
Singh v. Canada (Citizenship and Immigration) - 2009 FC 11 - 2009-01-07
Federal Court Decisions[32] The applicants also note that Chapter IP 5 of the guidelines of the Department of Citizenship and Immigration Canada (CIC) deals with disproportionate, unusual or undeserved hardship in the case of applications made from outside Canada and that the immigration officer made his decision strictly from this point of view. [...] Procedural fairness [45] The applicants start from a false premise, namely that the Immigration Manual is binding on immigration officers. [...] [48] The decision‑maker therefore did not, in this regard, breach his duty to act fairly or violate the applicants’ right to be heard.
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9,275.
Anglehart v. Canada (Attorney General) - 2008 FC 1323 - 2008-11-28
Federal Court Decisions(4) Elle a compétence concurrente, en première instance, dans les procédures visant à régler les différends mettant en cause la Couronne à propos d'une obligation réelle ou éventuelle pouvant faire l'objet de demandes contradictoires. [...] (d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or [...] [38] The doctrine of unjust enrichment provides an equitable cause of action that retains a large measure of remedial flexibility to deal with very different circumstances (Pacific National Investments v. Victoria, [2004] 3 S.C.R. 575).