11,311 result(s)
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9,451.
Regents of the University of California v. I-MED Pharma Inc. - 2018 FC 164 - 2018-02-12
Federal Court Decisions[51] While Dr. Wolffsohn was generally credible, his testimony did little to help deal with claim construction or the validity and infringement issues before the court. [...] Mr. Nachum stated Life Care Ltd., which has been in existence for over 20 years and deals exclusively in the field of medicine. [...] b) Adherence to the language of the claims in turn promotes both fairness and predictability.
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9,452.
Canada (Citizenship and Immigration) v. Mamut - 2024 FC 370 - 2024-03-06
Federal Court DecisionsIn short, while the exclusion of a party always raises serious procedural fairness concerns, I was satisfied that, in the circumstances of this case, the absence of an amicus would not leave either the respondents or the Court at a disadvantage. [...] [26] Justice Rothstein observed in Khan (at para 26) that a variety of factors have been considered by the Federal Court in determining whether an apparent case for disclosure has been established; however, he found the most helpful guidance in the then recent Supreme Court of Canada jurisprudence dealing with disclosure [...] As will become apparent to them once they see the dates of the visa officer’s emails, the officer’s communications with the CBSA post-date the procedural fairness letters sent to the respondents in February 2020.
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9,453.
DiCaita v. The Queen - 2021 TCC 5 - 2021-02-11
Tax Court of Canada JudgmentsIn April 2010, Strata undertook a major remediation of the complex to deal with issues of rot, mold, asbestos, water leakage and structural issues. [...] He estimates that the cost of the repairs amounted to only about 5% of the fair market value of the unit. [...] It is the evidence of the Appellant that this was about 5% of the total fair market value of the unit.
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9,454.
Pelletier v. Canada - 2020 FC 1019 - 2020-11-02
Federal Court DecisionsI will deal with that issue below. (b) The Herndon Affidavit [17] A motion for leave to allow the late filing of the affidavit of Dr. Marvin Herndon as expert evidence was filed on May 14, 2018. [...] (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; [...] 334.39 (1) Sous réserve du paragraphe (2), les dépens ne sont adjugés contre une partie à une requête en vue de faire autoriser l’instance comme recours collectif, à un recours collectif ou à un appel découlant d’un recours collectif, que dans les cas suivants :
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9,455.
Granados v. Canada (Citizenship and Immigration) - 2018 FC 302 - 2018-03-15
Federal Court Decisions[58] One of the problems with these allegations is that the unfairness and “reaching back” issues and the fairness and equitable arguments could all have been raised in judicial review proceedings dealing with the referral decision of November 7, 2016 or the deportation order of January 11, 2017. [...] [60] The Applicant’s failure to challenge earlier decisions, where he could have raised any humanitarian and compassionate factors and all of the equitable and fairness arguments he has raised before me, cannot be used as a basis for arguing that Parliament’s failure to limit the “reach back” consequence of s 64 means that [...] The Charter ensures that this decision is fair: e.g., Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817.
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9,456.
Tomar v. Canada (Parks) - 2018 FC 224 - 2018-02-28
Federal Court DecisionsShe believes other responsive documents should exist because “[t]he requested documents should be part of a standard process for it to be fair and transparent”. [...] There was no set rotation for acting assignments and pay records show the complainant received her fair share of acting assignment days. [...] [9] The Report did not deal with the initial appointment of Ms. Tomar in 2007 to a position at Parks Canada as it was not part of her harassment complaint.
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9,457.
St-Amour v. Canada (Attorney General) - 2014 FC 103 - 2014-01-30
Federal Court Decisions[...] [37] Administrative adjudicators and other decision-makers to whom the duty of fairness applies have no inherent jurisdiction to rehear, reconsider or vary a decision once it has been finalized. [...] a) révoquer la nomination ou ne pas faire la nomination, selon le cas; [...] It issued an award but the parties could not agree on how to implement that part of the award dealing with the “catch-up” component of the wage increase.
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9,458.
Grand Riverkeeper, Labrador Inc. v. Canada (Attorney General) - 2012 FC 1520 - 2012-12-20
Federal Court Decisions[26] NunatuKavut also claims that the JRP breached principles of procedural fairness or violated its right to be heard. [...] [42] Finally, it is well-established that questions of procedural fairness are to be assessed on the standard of correctness (Khosa, above, at para 43). [...] There is an entire chapter dedicated to the Proponent’s approach to cumulative effects, and the notion is built into many other chapters dealing with more specific issues.
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9,459.
Kablawi v. Canada (Citizenship and Immigration) - 2010 FC 888 - 2010-09-10
Federal Court Decisions¶14 In my view, given that he had no opportunity to respond to the evidence on which the officer relied, Mr. Kablawi was not given a fair chance to present his case. [...] This decision was following Justice O’Reilly’s decision that the February 5, 2008 decision be redetermined in accordance with the duty of fairness. [...] However, I will deal with these other aspects of the issue raised by the applicant in his memorandum.
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9,460.
Chowdhury v. Canada (Citizenship and Immigration) - 2009 FC 709 - 2009-07-09
Federal Court Decisions[35] The Applicant submits that he should not be left to wonder how his case is decided as a matter of procedural fairness and natural justice: Haj-Kamali. [...] [38] The Applicant alleges that the Judge concentrated on questions dealing with the Applicant’s marriage, the sponsorship procedures, how the Applicant came to Canada, and whether he had children. [...] I find this a breach of procedural fairness. [73] Since I have found in the Applicant’s favour on the first two issues, it is clear that I must also rule in his favour on the third issue that the residency tests were misapplied.
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9,461.
Canada (Public Works and Government Services) v. Musqueam First Nation - 2008 FCA 214 - 2008-06-13
Federal Court of Appeal Decisions• Was the correct standard on the first branch of the RJR-MacDonald test merely a “fairly arguable” issue? [...] As such, I will deal with that question first. I will subsequently briefly address the remaining issues in this appeal. [...] [73] The use of the test “fairly arguable” causes one to wonder whether the Motions Judge properly understood the correct test.
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9,462.
Canada (Citizenship and Immigration) v. Mahjoub - 2009 FC 1220 - 2009-11-30
Federal Court DecisionsThe Ministers do not expressly deal with Mr. Mahjoub’s claim that he is suffering from PTSD. [...] These policies were designed to deal with the circumstances of a large penitentiary with a large number of inmates. [...] I believe this factor is of particular relevance when dealing with the conditions relating to Mr. Mahjoub’s outings.
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9,463.
Saab v. Canada (Citizenship and Immigration) - 2018 FC 653 - 2018-06-22
Federal Court Decisionsb) le demandeur omet, sans excuse légitime, de se présenter aux moment et lieu — ou au moment et par le moyen — fixés et de prêter le serment alors qu’il a été invité à le faire par le ministre et qu’il est tenu de le faire pour avoir la qualité de citoyen. [...] 23.1 Le ministre peut exiger que le demandeur fournisse des renseignements ou des éléments de preuve supplémentaires se rapportant à la demande et préciser la date limite pour le faire. [...] ... Ms. Joan Atkinson: Yes, and to deal with some of those concerns, we think we have a better process outlined, if you will, in Bill C-11.
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9,464.
Canada (National Revenue) v. BP Canada Energy Company - 2015 FC 714 - 2015-06-05
Federal Court DecisionsThose were the three reasons that they gave and we were trying to deal with as they came up. [...] In my opinion, it is not possible, or fair, to make a finding on motive without providing the individual involved an opportunity to present an explanation. [...] [47] On the point of fairness, the question is: “fairness to whom?” I find the more compelling argument is that expressed by Counsel for the Minister, quoted in paragraph 5 of these reasons:
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9,465.
Ross v. The Queen - 2013 TCC 333 - 2013-10-23
Tax Court of Canada Judgments40 [...] Although fair market value is ultimately a question of fact to be resolved by the trier of fact, it is mostly a question of opinion answered by analysing different methodological approaches. [...] Certainly the Minister is entitled to disagree with a taxpayer’s view of fair market value and can reassess, within the limitation period, on the basis of his own evaluation. [...] [72] On the other hand, the tax system must encourage candour on the part of taxpayers in dealing with the Minister, if the Minister subsequently decides to audit the taxpayer’s filing.
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9,466.
Canada (National Revenue) v. Thornton - 2012 FC 1313 - 2012-11-13
Federal Court DecisionsThis principle protects not only the privacy interests of a person who seeks legal advice, but also supports the integrity and fairness of our judicial system (Lavallee, above, at paras 36 and 49). [...] vi. the impact on the fairness, both actual and perceived, of the processes of the Court. [...] [71] As to the fairness and truth seeking functions of the Court, given that the principle issue in these proceedings is whether the Retained Documents are protected by SCP, I am not satisfied that this consider merits significant weight in the Applicant’s favour in this particular case.
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9,467.
Canada (Public Safety and Emergency Preparedness) v. Martinez-Brito - 2012 FC 438 - 2012-04-16
Federal Court DecisionsIn my view, total exclusion of this evidence is required in order for the IAD to fairly assess this matter. [...] [50] The applicant’s attempt to distinguish MAO, above, by emphasizing Justice Heneghan’s remarks that she was dealing with a unique factual situation fail to sway this Court. [...] To reintroduce an involuntary statement in this way would run counter to the most fundamental aspect of trial fairness.
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9,468.
Sidhu v. Canada (Public Safety and Emergency Preparedness) - 2010 FC 911 - 2010-09-13
Federal Court DecisionsTo use the Applicant’s words, this would amount to a “conspicuous” breach of the duty of fairness and full disclosure. [...] However, a fair reading of s. 13 offers no indication that such a positive obligation exists. [...] (iii) establishing an agency that is responsible for dealing with reported and other information;
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9,469.
Appu v. Canada (Public Safety and Emergency Preparedness) - 2010 FC 780 - 2010-07-22
Federal Court Decisions-il porte des cicatrices susceptibles de le faire passer pour un ancien tigre [...] • [47] The same can be said of officers dealing with PRRA or H&C applications. [...] There is a public interest in enforcing removal orders in an efficient, expeditious and fair manner.
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9,470.
Cascades Inc. v. The Queen - 2007 TCC 730 - 2007-12-06
Tax Court of Canada Judgments3. The adjusted cost base of the PII shares held by the Appellant was at that time $68,783,154 and their fair market value was $52,841,546. [...] 12 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. [...] [30] As stated by the Supreme Court of Canada in passages quoted above, the provisions in the ITA must be interpreted in order to achieve consistency, predictability and fairness so that taxpayers may manage their affairs intelligently.
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9,471.
Eli Lilly Canada Inc. v. Canada (Minister of Health) - 2003 FCA 24 - 2003-01-22
Federal Court of Appeal DecisionsThe question, it seems to me, is whether there are words in the PMNOC Regulations that can fairly be read as imposing the "relevance" test propounded by the Minister. [...] [67] Dealing with the "relevance" test propounded by the Minister, my colleague makes the following statement about the utility of a Regulatory Impact Analysis Statement, in paragraph 33 of her reasons: [...] The 1989 amendment removed from the taxpayer the option of choosing to value inventory at historical cost and left only the more conservative methods of fair market value or the lower of cost or market value.
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9,472.
Distrimedic Inc. v. Dispill Inc. - 2013 FC 1043 - 2013-10-15
Federal Court Decisions(b) Adherence to the language of the claims in turn promotes both fairness and predictability. [...] The public is entitled to rely on the words used provided the words used are interpreted fairly and knowledgeably. [...] 7. Even advertisements which “push the bounds of what is fair” are not misleading in a material way (Tele-Mobile).
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9,473.
Canada (Attorney General) v. British Columbia Civil Liberties Association - 2024 FC 853 - 2024-06-05
Federal Court DecisionsIt is also fair to say that all of the redacted information in this document is contentious. [...] [62] Be that as it may, in fairness to BCCLA, its Notice of Application was drafted in 2017. [...] [71] It is important at this point to underscore that there is substantial agreement between the AGC and the amicus that summaries of a great deal of redacted information are warranted.
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9,474.
Sogi v. Canada (Minister of Citizenship and Immigration) - 2004 FCA 212 - 2004-05-28
Federal Court of Appeal Decisions(c) the judge shall deal with all matters as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit; [...] g) si le juge décide qu'ils sont pertinents, mais que leur divulgation porterait atteinte à la sécurité nationale ou à celle d'autrui, ils ne peuvent faire partie du résumé, mais peuvent servir de fondement à l'affaire; [...] b) le juge décide qu'ils sont pertinents, mais qu'ils devraient faire partie du résumé à fournir au titre de l'alinéa 83.05(6)b);
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9,475.
Carvest Properties Limited v. The Queen - 2021 TCC 21 - 2021-03-18
Tax Court of Canada JudgmentsThe builder is required to remit GST on the fair market value of the complex as of that time. [...] “fair market value” of property or a service supplied to a person means the fair market value of the property or services without reference to any tax excluded by section 154 from the consideration for the supply.” [...] In applying the Henderson definition of fair market value, the first step is to accurately identify the asset whose fair market value is to be ascertained.