11,311 result(s)
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9,401.
Dogra v. Canada (Minister of Citizenship and Immigration) - 1999-04-23
Federal Court Decisions[12] These mistakes indicate a lack of care by the visa officer in dealing with Ms. Dogra"s visa application. [...] However, counsel for the applicant may also have had a point when he argued that procedural fairness required the officer either to put any concerns that he had on this score to the applicant so that she could respond, or to make inquiries himself through the Canadian High Commission in New Delhi.
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9,402.
Hadiken Concrete & Supply Ltd. v. The Queen - 1998-06-12
Tax Court of Canada JudgmentsAs of May 1, 1991, the fair market value of the Northeast Quarter was for the most part dependant upon the value of the deposits of limestone contained under the surface of the property. [...] [18] Both counsel referred to a number of cases dealing with capital gain and income gain.
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9,403.
Koo v. Canada (Minister of Citizenship and Immigration) - 1998-06-01
Federal Court Decisions2. Did the visa officer breach the duty of procedural fairness by not considering the letter sent by the applicant when making her decision? [...] In that case, costs were awarded against the Minister because the Court was of the view that the respondents were unnecessarily put through a great deal of trouble and expense for a period of 4 years by the Minister"s officials.
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9,404.
Noël v. M.N.R. - 1998-02-13
Tax Court of Canada JudgmentsHe was for all practical purposes almost illiterate and had a great deal of difficulty explaining the agreement which he had with the payer when he was employed in 1993. [...] [26] In all fairness, I am persuaded on a balance of probabilities, disregarding the suspect evidence, that the appellant worked for the five weeks at issue at a gross weekly salary of $350.
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9,405.
Flynn, Rivard, general partnership v. The Queen - 1998-02-11
Tax Court of Canada JudgmentsAlthough Mr. Justice Dickson was dealing with “offences” I can see no reason in principle for not extending his analysis to administratively imposed penalties as well. [...] It is, I think, contrary to ordinary concepts of fairness that a taxpayer should be penalized for a failure to observe a statutory provision or to calculate tax correctly if that taxpayer demonstrates that even with the exercise of due diligence the mistake was unavoidable.
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9,406.
Saunders v. The Queen - 1998-02-05
Tax Court of Canada Judgments[9] These rental rates, which were received from arm’s length tenants, represented fair market value. [...] I shall deal with this point when I come to discuss Mohammad v. The Queen, 97 DTC 5503.
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9,407.
Quigley v. Canada (Treasury Board) - 1997-09-25
Federal Court Decisions(b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe; [...] It would be our position that those consequences can still be dealt with through the adjudication process, and I think that the wording of the statute, the Public Service Staff Relations Act, section 91, is broad enough to encompass any claim that he would have to deal with those different issues.
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9,408.
Saygili v. Canada (Citizenship and Immigration) - 1997-03-03
Federal Court DecisionsThe applicant here lacks credibility, and we only got true facts when she realized the respondent had a good deal of information about her travels. [...] Also, as I have indicated, many Kurds accept this violent role for PKK, but to be fair they are not all wholly in favour of PKK's methods.
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9,409.
Janssen Inc. v. Pharmascience Inc. - 2022 FC 1218 - 2022-08-23
Federal Court Decisions[31] The Patent Act promotes adherence to the language of the claims, which in turn promotes fairness and predictability (Free World Trust at paras. 31(a), (b) and 41). [...] The public is entitled to rely on the words used provided the words used are interpreted fairly and knowledgeably. [...] fees of Dr. Chue should be reduced by 33% given that he provided unhelpful and unnecessary evidence dealing with obviousness and on issues (decided in Janssen Inc. v Tera Canada Ltd., 2020 FC 593) (Teva Paliperidone), and
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9,410.
Canada (Citizenship and Immigration) v. Solmaz - 2020 FCA 126 - 2020-07-28
Federal Court of Appeal DecisionsSection 34 of the Act deals with cases where there are reasonable grounds to believe that, here as elsewhere, the individuals concerned pose a threat to security, whereas section 35 of the Act deals with cases where there are reasonable grounds to believe that the individuals concerned have been guilty of or complicit in [...] The second and third grounds provided for in paragraphs 36(1)(b) and 36(1)(c) of the Act deal with cases involving crimes committed abroad. [...] As I have mentioned, the most basic rules of procedural fairness and natural justice require that the IAD bring these allegations to the attention of the person concerned and that the person be given the opportunity to respond to them.
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9,411.
Canadian Environmental Law Assn. v. Canada (Minister of The Environment) - 1999-04-27
Federal Court DecisionsThe Brown case deals with an entirely different area of the law: governmental tort liability. [...] 6.8 In dealing with Canada-wide Environmental Standards under this Sub-Agreement, in general the main functions of the federal government include: [...] 6.9 In dealing with Canada-wide Environmental Standards under this Sub-Agreement, in general the main functions of the provincial and territorial governments include:
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9,412.
Burlington Resources Finance Company v. The Queen - 2017 TCC 144 - 2017-08-03
Tax Court of Canada Judgments3. The examining party is entitled to any information, and production of any documents, that may fairly lead to a train of inquiry that may directly or indirectly advance his case, or damage that of the opposing party.[7] [...] In determining whether to order a party to respond, this Court has indicated the ultimate purpose is to fairly, reasonably and expeditiously move matters along to a hearing.[19] [...] In addition, I will be dealing with Conoco Funding Company involving the same issue as Burlington in a separate Order.
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9,413.
Davis v. Canada (Royal Canadian Mounted Police) - 2024 FCA 115 - 2024-06-24
Federal Court of Appeal DecisionsDealing as it did with the terms and conditions of her employment, Ms. Davis’ individual grievance was not one that could be referred to adjudication. [...] [67] Part 1 of the FPSLRA deals with labour relations, and it only applies to employees who are subject to collective agreements. [...] (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;
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9,414.
Fournier v. Canada (Attorney General) - 2018 FC 464 - 2018-05-01
Federal Court Decisions[14] In the section dealing with the analysis and reasons, the Review Panel cites Decision I25 and confirms that the burden is on the applicant to support an allegation of negligence or of medical mismanagement. [...] Mr. Fournier also submits that the Supreme Court of Canada’s judgments in Amos and Godbout, while dealing with the interpretation of different compensation schemes, should be used to interpret section 45 of the Act, rather than the Mérineau judgment. [...] [72] The case law dealing with those former provisions is therefore still relevant because this case involves interpreting and applying the same terms as those used in paragraph 45(1)(a) of the Act.
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9,415.
Garraway v. Canada (Immigration, Refugees and Citizenship) - 2017 FC 286 - 2017-03-16
Federal Court DecisionsNot doing so lacks fairness and renders the decision unreasonable. Respondent’s Position [...] Under that test, “[t]hose interests must be “well identified and defined” and examined “with a great deal of attention” in light of all the evidence” (Kanthasamy SCC at para 39; Legault at paras 12 and 31; Hawthorne v Canada (Minister of Citizenship and Immigration), 2002 FCA 475 [Hawthorne] at para 32). [...] It is certain, with Baker, that the interests of the children are one factor that an immigration officer must examine with a great deal of attention.
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9,416.
Canadian Union of Public Employees v. Canada (Transport) - 2016 FC 120 - 2016-02-03
Federal Court DecisionsThe CSIM was designed to guide Transport Canada Cabin Safety Inspectors (such as those involved in these tests) in dealing with “any Cabin Safety documents”. [...] Toutes les annonces à faire aux passagers doivent être incluses dans le format retenu. [...] To my mind, the Minister and his or her officials acting reasonable should be looking for language that intelligently and reasonably deals with safe emergency passenger evacuation.
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9,417.
Hare v. The Queen - 2011 TCC 294 - 2011-06-08
Tax Court of Canada JudgmentsAn estimate to remove the existing stucco, which would have been required to re-stucco had the big unknown of dealing with any exposed insulation. [...] · The next expenditure of $1,435.83 deals with a number of items. o It covers a new exterior door to the back porch door. [...] [17] It is submitted the repairs here were piecemeal repairs dealing with issues as they were discovered on close post-acquisition inspection.
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9,418.
Ermineskin v. Canada - 2008 FC 741 - 2008-06-16
Federal Court DecisionsPart E of the CFA deals with program and service delivery and reporting requirements. [...] Subsection 2.3.2 of the Manual deals with the procedure for determining eligibility and provides: [...] It cannot fairly be concluded that INAC only reviewed the April report and then applied its findings to all subsequent months without regard to the content of those reports.
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9,419.
Lang v. M.N.R. - 2007 TCC 547 - 2007-09-14
Tax Court of Canada Judgments4. Once appointments are made, the person or persons who will be doing the work are given the dates and times, and they are responsible to deal with the customer from that point onward. [...] (ww) Liebrecht was dealing with the Appellant at arm’s length; (xx) the Workers did not have specific licenses to perform their duties; [...] [18] Articles 2098, 2099 and 2100 deal with independent contractors.
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9,420.
Canadian Forest Products Ltd. v. Canada (Attorney General) - 2005 FCA 220 - 2005-06-29
Federal Court of Appeal Decisions[20] However, the parties were unanimous in requesting that this Court make the decision on the issue of jurisdiction that should have been made by the motions judge and accordingly, I will proceed to deal with the issue of jurisdiction raised by the parties. [...] [83] The remainder of the Regulations deals with varied matters, such as license fees, ground rent, security deposits, scaling requirements, record maintenance, conservation, fire protection, and the seizure of timber cut without a license or permit. [...] In view of this conclusion, the consequential proceedings between the co-defendants and the third party proceedings must likewise fail, and it is unnecessary to deal with the issues raised as to their validity or propriety.
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9,421.
Marathon Electric Ltd. v. M.N.R. - 2003 TCC 714 - 2003-10-09
Tax Court of Canada JudgmentsTsakalos deals with suppliers, obtains permits for projects and supervises and coordinates work done on a project. [...] On one job, Belos accepted the sum of $17 per hour as it seemed to be a fair wage for the nature of the work required to be done. [...] [15] There was not a great deal of direct control exercised over any of the workers, particularly in the case of Hoy who was a highly qualified electrician with more than 20 years experience.
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9,422.
Nowak v. The Queen - 1998-09-18
Tax Court of Canada JudgmentsOn an examination of the evidence as a whole, the often repeated assertions that “I had a deal with Ingle for the horses” do not withstand close scrutiny. [...] He also made reference to several organized shows which were conducted at Barcrest including the Champion Trillion Show and the fact that the Olympic Training Team was “hosted” there prior to the Royal Winter Fair. [...] Just simply the experience he had in hand all his life in dealing with that type of thing.
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9,423.
X (Re) - 2017 FC 1048 - 2017-09-27
Federal Court DecisionsAmong other things, I considered that such an approach would avoid having to deal with CSIS’s requests for such broad authorizations in the context of multiple different applications made over the course of a year, that are otherwise focused on named subjects of investigation. [...] Accordingly, I will only deal with this type of authorization briefly. [...] a) de soixante jours, lorsque le mandat est décerné pour permettre au Service de faire enquête sur des menaces envers la sécurité du Canada au sens de l’alinéa d) de la définition de telles menaces contenue à l’article 2;
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9,424.
Public Service Alliance of Canada v. Canada Post Corporation - 2010 FCA 56 - 2010-02-22
Federal Court of Appeal DecisionsJob evaluation is the field of expertise that deals with these types of assessments, which are called evaluations. [...] Instead, the question is whether, upon a fair reading of the Tribunal’s reasons, it can be said that the Tribunal actually failed to make the requisite finding with respect to the third element. [...] In any event, who could disagree that the Tribunal’s aim should be to strive to reach “a fair and reasonable conclusion” to a dispute?
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9,425.
General Electric Capital Canada Inc. v. The Queen - 2009 TCC 563 - 2009-12-04
Tax Court of Canada JudgmentsThe market dynamic, including a buyer and a seller, is integral to the definitions of fair market value and arm’s length price. [...] [89] From 1995 to 2000, RBC had business dealings with the Appellant. [...] 35 Courts traditionally afford expert witnesses a great deal of respect.