11,311 result(s)
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9,526.
Cueto v. Canada (Citizenship and Immigration) - 2009 FC 805 - 2009-08-10
Federal Court Decisions[11] The applicants raised what I consider to be secondary issues (which I will deal with briefly later). [...] [22] Questions of law are reviewable on a standard of correctness as are questions of procedural fairness (see Chrétien v. Canada (Commission of Enquiry into the Sponsorship Program and Advertising Activities, Gomery Commission), [2008] F.C.J. No. 973 (QL)).
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9,527.
Hodder Tugboat Co. Ltd. v. JJM Construction Ltd. - 2009 FC 161 - 2009-02-13
Federal Court DecisionsCounsel did not disagree that this federal statute dealing with subrogation did not change the common law. [...] • [16] A fair summary of the legal concepts set out above leads to the conclusion that the courts seek to avoid a multiplicity of proceedings, for example, by not permitting the splitting of a subrogated insured claim from an uninsured claim where only one cause of action exists expecting the insurer and the uninsured to
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9,528.
Moreau v. M.N.R. - 2009 TCC 4 - 2009-01-06
Tax Court of Canada JudgmentsTo show how little credibility the Appellant's testimony had, we will examine three fairly significant examples. [...] [9] The second example deals with the Appellant's testimony on his compensation.
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9,529.
Li v. Canada (Citizenship and Immigration) - 2008 FC 266 - 2008-02-28
Federal Court DecisionsShe claims to have lost a good deal of weight and suffered from insomnia due to these personal problems. [...] Questions of procedural fairness should be assessed on a correctness standard (Hassani v. Canada (Minister of Citizenship and Immigration), [2007] 3 F.C.R. 501).
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9,530.
Nu-pharm Inc. v. Canada - 2007 FC 977 - 2007-09-28
Federal Court DecisionsNu-Pharm says it sought other ways to deal with the Director-General’s decision by combining the judicial review into an action or staying the judicial review, but on June 26, 2002, counsel for the Director-General informed the plaintiff that “it is our view that the particular circumstances surrounding the two proceedings [...] arbitrarily purporting to do so without giving any bona fide consideration to the evidence, and discriminatorily denying natural justice and procedural fairness to Nu-Pharm by purporting to make that determination, and advising provincial regulatory authorities, third party pharmacists, distributors of pharmaceutical
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9,531.
Lee v. Canada (Citizenship and Immigration) - 2007 FC 814 - 2007-08-02
Federal Court DecisionsThe other relevant regulatory provision is section 4 which deals with the issue of bad faith adoptions and marriages as follows: [...] Whether that failure constitutes a breach of the duty of fairness as in the case of Khan v. Canada (Minister of Citizenship and Immigration), 2005 FC 1372, [2005] F.C.J. No. 1688, I need not answer in this case, but it is a factor to be considered in determining whether the decision stands up to scrutiny on judicial review.
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9,532.
6236251 Canada Inc. v. M.N.R. - 2007 TCC 101 - 2007-02-16
Tax Court of Canada Judgments[17] The assessments in relation to the 623 with respect to EI premiums and CPP contributions relative to the employees of 622 are somewhat more complicated to deal with. [...] [23] To be fair B.W., said she was not concerned as to what the payments were for.
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9,533.
173122 Canada inc. c. La Reine - 2007 TCC 17 - 2007-02-07
Tax Court of Canada JudgmentsEach case turns on its own facts, but where a taxpayer has taken significant and essential steps that are necessary to the carrying on of the business it is fair to conclude that the business has started. [...] [39] Although this matter elicits sympathy and although Ms. Léger devoted a great deal of energy to her preparation, I cannot dispose of this appeal based on sympathy.
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9,534.
Canada (Attorney General) v. Canada (International Trade Tribunal) - 2006 FCA 395 - 2006-12-04
Federal Court of Appeal Decisions[7] Canadian North argued that this Court has no jurisdiction to issue a stay in this matter because the CITT is under a statutory duty to deal with a procurement complaint within 135 days after it is filed. [...] To permit this kind of contracting out of procurement would effectively preclude accountability for ensuring that the considerable sum of public money allocated to the food mail program is spent efficiently, fairly, and transparently.
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9,535.
Fieldturf (IP) Inc. v. Installations Sportives Defargo Inc. - 2006 FC 1043 - 2006-08-30
Federal Court DecisionsMoreover, the question must be a fair question in the sense of evincing a bona fide intention directed to these ends, rather than being something in the nature of a fishing expedition. [...] . . . . . . if we were dealing with an examination for discovery, where the test of relevancy involves a consideration of what might reasonably be supposed to contain information likely to assist the party in advancing his own case and in damaging the case of his adversary.
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9,536.
Pfizer Canada Inc. v. Canada (Health) - 2006 FC 789 - 2006-06-21
Federal Court Decisions[15] Applying the approach taken by Justice MacKay, I conclude that if the Brophy affidavit was outside the scope of the leave granted by Prothonotary Milczynski's March 3rd order, it was not wrong in principle for Prothonotary Lafrenière to deal with the issue of admissibility by way of interlocutory order rather than to [...] Such defects in form, if that is what they are, should not disqualify an affidavit that is in fact responsive, upon a fair reading, to the evidence tendered by the opposing party.
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9,537.
Canada (Attorney General) v. Farrell - 2006 FC 636 - 2006-05-24
Federal Court Decisions[9] Before dealing with counsel for the Attorney General's alternative argument, in order to establish context for that argument, I set out some relevant facts related to Mr. Farrell's efforts to obtain a disability benefit under the CPP Act: [...] In my view, fairness to both the Attorney General and to Mr. Farrell calls for another review on the leave from the Review Tribunal's 2005 decision.
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9,538.
Krishnasamy v. Canada (Minister of Citizenship and Immigration) - 2006 FC 451 - 2006-04-07
Federal Court Decisions[12] Mr. Krishnasamy identifies the issue as: "Did the Immigration Division err in law or in fact, breach fairness or exceed jurisdiction in relation to the credibility determination?" [...] In the two penultimate paragraphs of her decision dealing with the psychiatric and psychological assessments, she found that these medical reports did not affect her negative finding of credibility.
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9,539.
3925928 Manitoba Ltd. v. 101029530 Saskatchewan Ltd. - 2005 FC 1465 - 2005-10-28
Federal Court DecisionsAlthough the trademark jurisprudence is particularly sparse in this area, this rule accords with common sense and the Court's duty of fairness. [...] The Plaintiffs have not demonstrated a decline in their own financial experience, or that they have been threatened by the spectre of bankruptcy, or that individuals refuse to deal with them.
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9,540.
Canada (Attorney General) v. Caisse populaire de la Vallée de l'Or - 2005 FC 948 - 2005-07-08
Federal Court Decisionsb) ne pas faire partie du patrimoine ou des biens de la personne à compter du moment où le montant est déduit ou retenu, que ces biens aient été ou non tenus séparés de ses propres biens ou de son patrimoine et qu'ils soient ou non assujettis à une telle garantie. [...] In this case, we are clearly not dealing with a sale by the tax debtor in the normal course of business.
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9,541.
Johnston v. The Queen - 2005 TCC 325 - 2005-05-06
Tax Court of Canada Judgments(1.1) Where at any particular time a taxpayer has disposed of a property, the fair market value of which has been confirmed or redetermined by the Minister of the Environment under subsection 118.1(10.4), the taxpayer may, within 90 days after the day on which that Minister has issued a certificate under subsection [...] [11] Similarly, the Tax Court of Canada has no power to accept or deal with a Notice of Appeal which is not within the statutory preconditions set out in the Act.
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9,542.
Podlesny v. The Queen - 2005 TCC 97 - 2005-02-03
Tax Court of Canada JudgmentsSomewhat less than one half of his fairly substantial income came from his home care employment. [...] In Words and Phrases Legally Defined there are eight pages of two columns dealing with the words reasonable or reasonably, yet no court of which I am aware has ever had the temerity to try to formulate a comprehensive definition of the word, nor do I. Any attempts to assign a meaning to it usually end up using the word
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9,543.
Hyndman v. The Queen - 2004 TCC 641 - 2004-09-27
Tax Court of Canada JudgmentsI will therefore not deal with these admissions. The appeal therefore rests on whether the Minister could reassess under paragraph 152(4)(a) of the Act and whether he could assess penalties under subsection 163(2) of the Act for the appellant's failure to report this income in his 1994 taxation year. [...] The Notice of Assessment issued indicates the fair market value of the shares as at June 21, 1994, as $94,274 Canadian, which was added to his previously reported income and to which a stock option and share deduction of $23,569 was made and another amount was deducted for non capital losses of previous years.
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9,544.
Hanano v. Canada (Minister of Citizenship and Immigration) - 2004 FC 998 - 2004-07-16
Federal Court DecisionsBecause the application entailed a significant number of documents and because the expirations of those documents were not consistent, it is fair to say that Mr. Hanano and his family became victims of a cycle of document expiration. [...] In fact, other than issuing repeated requests for additional and renewed documents, I can find nothing to signify that anyone did anything to actually deal with the application.
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9,545.
Laboratoire G.M.F (1983) Inc. v. M.N.R. - 2003 TCC 776 - 2003-11-12
Tax Court of Canada JudgmentsOn a receiving order being made or an assignment being filed with an official receiver, a bankrupt ceases to have any capacity to dispose of or otherwise deal with his property, which shall, subject to this Act and to the rights of secured creditors, forthwith pass to and vest in the trustee named in the receiving order or [...] These are fairly audacious claims in view of the number of written documents and especially the unambiguous content regarding the nature of the relationship that existed.
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9,546.
Canada (Minister of Citizenship and Immigration) v. Wysocki - 2003 FC 1172 - 2003-10-09
Federal Court DecisionsLa communication de l'avis peut se faire par courrier recommandé envoyé à la dernière adresse connue de l'intéressé. [...] Mr. Wysocki remembers that his wife asked a lawyer, retained to deal with the criminal charge, whether the charge would create problems with citizenship.
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9,547.
Ching v. Canada (Minister of citizenship and immigration) - 2003 FC 1090 - 2003-09-24
Federal Court Decisions[12] The respondent submits the visa officer committed no error of law or fact, did not fail to observe any principle of natural justice or procedural fairness, and did not act in any other manner which would raise grounds for review. [...] I am of the view that the visa officer must deal with the explanations offered by the applicant and either accept or reject the explanations.
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9,548.
Maritime-Ontario Freight Lines Limited v. The Queen - 2003 TCC 674 - 2003-09-24
Tax Court of Canada JudgmentsHe specifically referred to the failure by the Appellant to identify what technological barriers had to be overcome and stated that unless there was some evidence as to what these barriers were and what was done to deal with them, it was not possible to conclude that there existed a type of uncertainty that could not be [...] [15] Was a detailed record of the hypotheses tested and results kept as the work progressed: It is fair to say that one of the main requisites of proper scientific experimentation is to produce recorded results which can be independently verified under identical conditions.
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9,549.
Bolduc c. La Reine - 2003 TCC 309 - 2003-05-16
Tax Court of Canada Judgments[6] I shall deal with only the 1998 and 1999 taxation years, for which the Notice of Appeal respects the time periods and the relevant procedure. [...] Every enactment is deemed remedial, and shall be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objects.
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9,550.
Tremblay v. Canada - 2002 FCT 1072 - 2002-11-01
Federal Court Decisions(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; [...] [7] In paragraphs 3 and 4, the plaintiff identifies the triggering factor in his action, his retirement, and the source or cause of this event, namely, the presence of one or more provisions of the Queen's Regulations and Orders for the Canadian Forces (the QR & O) dealing with the mandatory age of retirement.