11,311 result(s)
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9,351.
Kroka v. Canada (Citizenship and Immigration) - 2012 FC 728 - 2012-06-11
Federal Court Decisionsshe [the translator] would use the term ‘accident’ to refer to skinheads attacking the claimants at a McDonald’s. It seemed odder still that this was not merely a one-off reference to a date, but in the amended narrative the incident is physically situated in the section that deals with 2006” (Board’s decision, para 6). [...] The Board found the applicants’ explanations on this point to be unsatisfactory as the Board noted that the McDonald’s incident was described in a fair amount of detail in the applicants’ original narrative and therefore questioned why this particular element had been omitted.
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9,352.
Ismaili c. Canada (Citoyenneté et Immigration) - 2012 FC 351 - 2012-03-22
Federal Court Decisions[7] In Schedule 3 of his updated application, the applicant indicated, in the section dealing with work experience, that he had been employed as a pilot since April 1992, and he described his main duties as follows: [...] In my view, this is the only rigorous, fair, cohesive and coherent approach to assessing whether an applicant has performed the main duties of any position described in the NOC.
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9,353.
Phan c. La Reine - 2011 TCC 392 - 2011-08-23
Tax Court of Canada JudgmentsJUSTICE: Okay, well that's fair. MR. MAJAWA: There certainly is money there, and I take Your Honour's point. [...] • [16] As Mr. Majawa noted, I must deal with the credibility of the Appellant.
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9,354.
Beverly Yvonne v. Canada (Public Safety and Emergency Preparedness) - 2011 FC 820 - 2011-07-05
Federal Court DecisionsIt recognizes that officers often deal with requests for humanitarian and compassionate consideration while the applicants are still in Canada". [...] There is a public interest in enforcing removal orders in an efficient, expeditious and fair manner.
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9,355.
Vale Canada Limited v. Sandy Pond Alliance to Protect Canadian Waters Inc. - 2011 FCA 129 - 2011-04-08
Federal Court of Appeal DecisionsAs a result, SP Alliance contends that the participatory rights granted by the Federal Court are fair and more than adequate to allow the interveners to make their cases. [...] On the contrary, the Motions Judge twice decided not to deal with this issue.
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9,356.
Douze v. Canada (Citizenship and Immigration) - 2010 FC 1086 - 2010-11-04
Federal Court DecisionsThey submit that disclosure should only be expanded beyond this when certain narrow exceptions are shown to apply; such as when procedural fairness is at issue, or when apprehension of bias is at issue. [...] As the decision of the Court will deal only with the grounds of review invoked by the respondent, the relevance of the documents requested must necessarily be determined in relation to the grounds of review set forth in the originating notice of motion and the affidavit filed by the respondent.
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9,357.
Wasserman v. The Queen - 2010 TCC 312 - 2010-06-14
Tax Court of Canada Judgments[21] Dealing with penalties, the Minister’s counsel very fairly stated:
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9,358.
Khadr v. Canada - 2010 FC 564 - 2010-05-25
Federal Court DecisionsA document is relevant if it either directly or indirectly advances a party’s case or damages that of its adversary or may fairly lead to a “train of inquiry” that may have either of these two consequences: Apotex Inc. v. Canada, 2005 FCA 217, [2005] F.C.J. No. 1021. [...] According to the section of the Report dealing with the methodology of its review, SIRC examined all electronic and hard-copy documentation held by CSIS and related directly or incidentally to the plaintiff for the period of May 1, 2002 to September 30, 2005, inclusive.
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9,359.
Walcott v. Canada (Citizenship and Immigration) - 2010 FC 505 - 2010-05-10
Federal Court DecisionsI will deal with that issue first. Analysis Standard of Review [18] Since the decision of the Supreme Court of Canada in Dunsmuir v. New Brunswick[2], it is trite to say that the standard of review on an application such as this where a pure error of law or a breach of natural justice or procedural fairness is alleged, is
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9,360.
Sanofi-Aventis Canada Inc. v. Novopharm Limited - 2009 FC 1139 - 2009-11-06
Federal Court Decisions[27] Weighing all of this, I am of the view that a reduction in the overall award of costs (rather than trying to separate out specific fees and costs) in the order of 10% would be a fair and just recognition that Novopharm bears some responsibility for the second phase of the trial. [...] As noted above, I would decrease the cost award by 10% to deal with the remedies phase of the trial and a further 10% in respect of certain issues not pursued at trial.
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9,361.
Johnston Canyon Co. Ltd. v. Canada (Attorney General) - 2009 FCA 219 - 2009-06-30
Federal Court of Appeal Decisions[24] Accordingly, given the responsibilities and powers allotted to the Minister, it is unsurprising that section 3 of the Regulations affords the Minister a broad discretion in dealing with leases of public lands. [...] Rather, it operates as a component of procedural fairness, and finds application when a party affected by an administrative decision can establish a legitimate expectation that a certain procedure would be followed: Reference re Canada Assistance Plan (B.C.), [1991] 2 S.C.R. 525, at p. 557; Baker, supra, at para. 26.
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9,362.
Gould v. The Queen - 2009 TCC 307 - 2009-06-11
Tax Court of Canada JudgmentsThere are two sets of costs to deal with. First, there are the costs relating to the hearing of the motion. [...] [21] As to costs, I note that the authorities relied on by the Respondent provided no guidance as how costs might be properly and fairly dealt with in this case.
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9,363.
Kossow v. The Queen - 2009 TCC 304 - 2009-05-25
Tax Court of Canada JudgmentsThere are two sets of costs to deal with. First, there are the costs relating to the hearing of the motion. [...] [21] As to costs, I note that the authorities relied on by the Respondent provided no guidance as how costs might be properly and fairly dealt with in this case.
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9,364.
Gould v. The Queen - 2009 TCC 305 - 2009-05-25
Tax Court of Canada JudgmentsThere are two sets of costs to deal with. First, there are the costs relating to the hearing of the motion. [...] [21] As to costs, I note that the authorities relied on by the Respondent provided no guidance as how costs might be properly and fairly dealt with in this case.
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9,365.
Fiorante v. The Queen - 2009 TCC 309 - 2009-05-25
Tax Court of Canada JudgmentsThere are two sets of costs to deal with. First, there are the costs relating to the hearing of the motion. [...] [21] As to costs, I note that the authorities relied on by the Respondent provided no guidance as how costs might be properly and fairly dealt with in this case.
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9,366.
Shannon v. The Queen - 2009 TCC 231 - 2009-04-27
Tax Court of Canada Judgments[3] There are four related actions dealing with contested expenses of the corporate taxpayer, R & L Pipeline Services Ltd. (“Pipeline”), and alleged shareholder benefits. [...] [19]In particular, the Respondent alleges that the aim of ensuring a fair and expeditious proceeding that is facilitated by the discovery process is not thwarted in any way by the inclusion of Documents No. 7, given the extensive review of those documents performed by the Respondent’s auditor in the course of the audit of
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9,367.
Pan v. Canada (Citizenship and Immigration) - 2008 FC 1303 - 2008-11-21
Federal Court DecisionsThe concept of humanitarian and compassionate grounds has been the subject of a great deal of judicial treatment since the Immigration Appeal Board of the day rendered that decision. [...] [20] Having reviewed all of the materials in the Certified Tribunal Record and the decision under review, I conclude that the decision is reasonable and fair based on the evidence presented.
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9,368.
Mochizuki v. The Queen - 2008 TCC 526 - 2008-09-17
Tax Court of Canada Judgments[5] I will deal with the Respondent’s motion in the order presented. [...] (a) may prejudice or delay the fair hearing of the action, (b) is scandalous, frivolous or vexatious, or
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9,369.
Perry v. Canada (National Revenue) - 2008 FCA 260 - 2008-09-15
Federal Court of Appeal DecisionsAlthough the Trust does not have any Canadian beneficiary, the Trust is likely deemed to be a person resident in Canada for certain purposes under subsection 94(1) of the Income Tax Act (ITA) because the Trust acquired property from a Canadian resident (Mrs. Moog) and persons resident in Canada not dealing at arm's length [...] Section 94 is designed to encourage fair and neutral outcomes that protect the Canadian tax base.
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9,370.
Kazi v. Canada (Citizenship and Immigration) - 2008 FC 295 - 2008-03-04
Federal Court DecisionsThe officer referred to paragraph 117(1)(f) of the Regulations, which deals with orphaned siblings as dependents under the family class, and stated that as the applicant was over the age of 18 years when the application was submitted, she did not qualify. [...] 3. Did the officer err in not reviewing the file of the applicant on a full and proper basis in accordance with the applicable guidelines keeping in mind the principles of natural and fundamental justice and procedural fairness thereby reflecting the appearance of bias?
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9,371.
Lebrasseur v. Canada - 2007 FCA 330 - 2007-10-18
Federal Court of Appeal DecisionsIn August of 2003, Constable Lebrasseur and Mr. Lebrasseur filed a statement of claim seeking damages against the Crown on a number of grounds, including negligent and intentional infliction of nervous shock, public misfeasance, bad faith and breach of the duty of fairness, breach of fiduciary duty, and constructive [...] [18] As I read Vaughan, it stands for the proposition that, where an individual has recourse to a statutory grievance scheme such as Part III of the Royal Canadian Mounted Police Act to seek a remedy for a complaint arising from a workplace event, the Courts generally should decline to deal with claims for damages arising
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9,372.
Okeny Olal v. Canada (Citizenship and Immigration) - 2007 FC 811 - 2007-08-02
Federal Court DecisionsI did not believe that he was treating me fairly, and I told him so. Later I communicated my problems at work to one of the leaders of the Ugandan community in Ottawa. [...] I also conclude that Ms. Millisent Okeny Olal should not return to Uganda because, given the culture of impunity with which the government of Uganda deals with perceived political opponents and perceived supporters of anti-regime groups, it is quite likely that she will be raped and tortured and/or detained indefinitely
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9,373.
TPG Technology Consulting Ltd. v. Canada (Public Works and Government Services) - 2007 FCA 219 - 2007-06-07
Federal Court of Appeal DecisionsIn that complaint, TPG alleged that PWGSC did not evaluate the bids fairly, impartially and in accordance with its published criteria because of the occurrence of a re-confirmation process performed by a single evaluation team member, which was not contemplated in the RFP (the “First Complaint”). [...] In my view, it is not appropriate for me to consider these matters since the CITT did not deal with them.
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9,374.
Côté v. M.N.R. - 2007 TCC 212 - 2007-05-04
Tax Court of Canada Judgments[6] The Appellant’s schedule, while being fairly flexible, had to meet the Payor’s needs. [...] APFF, 2005), Justice Pierre Archambault of this Court describes, with regard to any period of employment after May 30, 2001, the method to be used by the courts since the coming into force, on June 1, 2001, of section 8.1 of the Interpretation Act, S.R.C. (1985), c. 1-21, amended, when dealing with a dispute like this one.
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9,375.
Daniel v. Canada (Citizenship and Immigration) - 2007 FC 392 - 2007-04-16
Federal Court Decisions[4] While it is unclear what decision the Applicant is actually challenging the Respondent proposes to deal with all three possibilities. [...] This is not simply a question of administrative convenience, but implicates the integrity and fairness of, and public confidence in, Canada's system of immigration control.