11,311 result(s)
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9,551.
Hakimi v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 481 - 2002-04-29
Federal Court DecisionsThe applicant submits that the Board had not rendered a decision on March 20, 2001, and therefore ought to have considered Ms. Leggett's (the applicant's former counsel) written submissions, and failing to do so was a breach of fairness and natural justice. [...] I propose to deal with issues 4 and 5 together. The applicant filed further written submissions with the Board on March 29, 2001.
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9,552.
Kozak v. Canada (Attorney General) - 2002 FCT 169 - 2002-02-14
Federal Court Decisions[...] 18. The Board has full and exclusive jurisdiction to hear, determine and deal with all applications for review that may be made to the Board under the Pension Act, and all matters related to those applications. [...] [24] Therefore, it was fairly conceded on the Attorney General's behalf that the decision of the Appeal Board could only be upheld if the Court infers that the Appeal Board determined that the 1986 injury aggravated a pre-1986 injury or condition which was not service related.
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9,553.
Gardner v. Canada (Attorney general) - 2001 FCA 401 - 2001-12-31
Federal Court of Appeal Decisions23 (1) Le contribuable qui a signifié un avis d'opposition à une cotisation aux termes du paragraphe 165 (1) de la loi fédérale, tel qu'il s'applique aux fins de la présente loi peut interjeter appel devant la Cour de l'Ontario (Division générale) pour faire annuler ou modifier la cotisation; [...] The Ontario Court clearly would have jurisdiction to deal with all of the issues raised including the Charter issues.
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9,554.
Beattie v. The Queen - 2001 FCA 309 - 2001-10-18
Federal Court of Appeal DecisionsIt is clear that the Court was dealing with all of the claims of all of the Plaintiffs when it said "the Defendant is hereby released with respect to the claims of the Plaintiffs made in this action". [...] In addition, declarations were sought regarding personal entitlement to receive payment of a share of the total fair market value of the mineral rights of Indian Reserve No. 172, and for compound interest payable in regard to the alleged personal entitlement.
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9,555.
Mathieu v. The Queen - 2001-08-15
Tax Court of Canada Judgments[15] In his judgment, Judge Archambault also analysed the main and most important decisions dealing with the deductibility of legal expenses. [...] 26 With respect for the opposite view, I believe that it is necessary to reconsider the correctness of those decisions and to determine whether it is fair under the law to apply sections 9 et seq. of subdivision b in deciding on the deductibility of legal expenses incurred to obtain or contest the payment of support. . . .
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9,556.
Mohammadian v. Canada (Minister of Citizenship and Immigration) - 2001 FCA 191 - 2001-06-06
Federal Court of Appeal DecisionsAs was pointed out by Lamer C.J. in R. v. Tran, supra, at 977, "the underlying principle behind all of the interests protected by the right to interpreter assistance under s. 14 is that of linguistic understanding", a principle which he found to be evident from the general jurisprudence dealing with interpreters. [...] Ultimately, the purpose of the right to interpreter assistance is to create a level and fair playing field, not to provide some individuals with more rights than others.
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9,557.
Rlp Machine & Steel Fabrication Inc. v. Walter Ditullio - 2001 FCT 245 - 2001-03-27
Federal Court Decisions[7] At the end of 1989, Nor-Equip was in fairly serious financial trouble. [...] [42] Reliance by the Applicant upon the decision in Saskatchewan Economic Development Corp. v.Westfalia DME Inc., supra, likewise does not assist it because the Court in that case was dealing with an application for an injunction, not with the merits of the claim.
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9,558.
Sharma v. Canada (Minister of Citizenship and Immigration) - 2000-12-08
Federal Court Decisionsb) ne possède les compétences voulues pour exercer un emploi dans une profession désignée, et ne soit disposé à le faire. [...] When asked how the applicant would deal with sub-contractors or officials who speak English, he replied that he would learn English immediately.
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9,559.
Gingras v. The Queen - 2000-08-24
Tax Court of Canada JudgmentsThe Court does not attach a great deal of importance to this phase of the case since it involves facts subsequent to the signing of their returns. [...] [28] How was it possible for fairly responsible and reasonable persons to believe unquestioningly that this kind of scenario could be proper, legitimate and beyond reproach?
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9,560.
Manigat v. Canada (Minister of Citizenship and Immigration) - 2000-06-30
Federal Court DecisionsIn the case at bar, as the principal applicant Yolette Frézin mentioned her three daughters as dependants, there is no doubt that we are dealing with a visa application filed by a person belonging to the family class.3 However, it appears from the record that aside from this statement by the mother, which did not satisfy [...] 2 19.(2) Appartiennent à une catégorie non admissible les immigrants et, sous réserve du paragraphe (3), les visiteurs qui: . . . d) soit ne se conforment pas aux conditions prévues à la présente loi et à ses règlements ou aux mesures ou instructions qui en procèdent, soit ne peuvent le faire.
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9,561.
Glavine v. Canada (Attorney General) - 2000-03-24
Federal Court Decisionsfairly and correctly and that you have not suffered any personal oppression, injustice or other ill-treatment. [...] Insofar as the Minister may have authority in dealing with a grievance to consider the effective date for any redress, he obviously did not exercise any such discretion himself nor did he invite the Career Review Board (Medical) to make any recommendation about that.
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9,562.
Joseph v. Canada (Minister of Citizenship and Immigration) - 2000-01-14
Federal Court DecisionsFurther, it is argued that the decision to accord refugee status to her eldest son but not the applicant and her two younger sons illustrates that the Board did not act fairly and impartially. [...] [27] I will first deal with the question of illegality raised by the applicant before moving on to the main issue, that being the credibility of the applicant.
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9,563.
Ovando v. Canada (Minister of Citizenship and Immigration) - 2000-01-12
Federal Court DecisionsFurther, it is argued that the decision to accord refugee status to her eldest son but not the applicant and her two younger sons illustrates that the Board did not act fairly and impartially. [...] [27] I will first deal with the question of illegality raised by the applicant before moving on to the main issue, that being the credibility of the applicant.
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9,564.
Thiruvarulselvan v. Canada (Minister of Citizenship and Immigration) - 1999-06-17
Federal Court Decisions[12] The applicant counsel suggests that he had the right to a fair hearing of his claim by the Refugee Division and that deprivation of section 7 of the Charter of Rights security of the person is at stake and denial of eligibility is not in accordance with fundamental justice. [...] The repeal in 1993 of the specific provision dealing with this very issue suggests that it should not be read back into the statute through the words "can be returned" in paragraph 46.01(1)(a).
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9,565.
Ouellette v. The Queen - 1999-03-15
Tax Court of Canada Judgments(f) the appellant only put his property up for sale because of financial difficulties and would have sold it only for a price that was well above the fair market value of the property, because in spite of everything his preference was to keep the property; [...] The Humane Society seized some animals, and so there was a great deal of media attention focused on the property;
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9,566.
Canada (Attorney General) v. Kahn - 1998-10-23
Federal Court Decisions[14] This confirms the fact that Mr. Kahn was dealing with legal counsel for advice. [...] We are not sure that the actual rule 400(4) (formerly 344(4) could not, to a certain extent, be used to satisfy, in special cases, what fairness could dictate in that respect.
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9,567.
Hayden v. The Queen - 1998-05-08
Tax Court of Canada JudgmentsNevertheless they saw the acquisition as a "good deal". [7] Mr. Hayden stated that when he acquired the property he realized it would not be a profitable investment; however, he looked at the anticipated growth at Mont Ste. Marie and saw "tremendous potential". [...] [28] Soon after deciding Mastri, the Court of Appeal released its reasons in Watt v. The Queen.[8]Décary, J.A., writing for the Court, stated that a fair reading of Tonn and Mastri allows the following conclusion[9] in considering whether a taxpayer had a reasonable expectation of profit from a venture:
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9,568.
Geropoulos v. The Queen - 1998-05-01
Tax Court of Canada Judgments“small business corporation” at any particular time means a particular corporation that is a Canadian-controlled private corporation all or substantially all of the fair market value of the assets of which at that time was attributable to assets that were [...] ... The text writers give us some insight as to why there was a change in dealing with active business income and investment income, and how this came about.
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9,569.
Schering Canada Inc. v. Apotex Inc. - 1998-03-20
Federal Court Decisions480 patent makes a reference in its disclosure to the patent which issued from -- or at least one of the patents; I don't know if it was the only one -- the 160,795 patent, it is relevant in assessing the argument as to what the 480 patent signifies and the extent to which it does deal with obviousness or not obviousness. [...] If you have some questions that arise out of these documents, that is fair game.
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9,570.
Eli Lilly and Company v. Apotex Inc. - 1998-02-20
Federal Court Decisionsor are old or obvious or that some promise he has made in his specification is false in a material respect; but if, when attacked, he survives this risk successfully, then his claim does not go beyond the consideration given by his disclosure, his claim is fairly based on such disclosure in these respects, and is valid. [...] [28] Counsel for the defendant relied on the later decision of Mr. Justice Rouleau in the Rothmans case8 as giving a more expansive reading of subsection 53(1) of the Patent Act. In that case, Rouleau J. was dealing an untrue allegation in the disclosure.
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9,571.
Prologic Systems Limited v. Prologic Corporation - 1998-01-26
Federal Court Decisions[18] If it were necessary to deal with the applicant's second issue of distinctiveness, I would find that the trade mark PROLOGIC and Design does not distinguish the respondent's services from those of the applicant's. [...] 6(3) L'emploi d'une marque de commerce crée de la confusion avec un nom commercial, lorsque l'emploi des deux dans la même région serait susceptible de faire conclure que les marchandises liées à cette marque et les marchandises liées à l'entreprise poursuivie sous ce nom sont fabriquées, vendues, données à bail ou louées,
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9,572.
Canada (National Revenue) v. Atlas Tube Canada ULC - 2018 FC 1086 - 2018-11-05
Federal Court DecisionsAs I understand it, the valuation issue under review in the audit involves at least in part the question whether the post-acquisition transfer by LSI to JMC of the Lakeside US shares for a stated value of $57 million represented fair market value for those shares. [...] A. That’s fair, because attributes denotes both assets and liabilities. [...] When one examines the context and purpose of subsection 231.1(1), it is clear that Parliament intended that the broad power set out in subsection 231.1(1) be used with restraint when dealing with TAWPs. It follows that the decision of the Federal Court judge must be set aside.
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9,573.
Muhammad v. Canada (Citizenship and Immigration) - 2012 FC 1483 - 2012-12-18
Federal Court DecisionsThe Court had considered this a breach of procedural fairness. In the present case, there is no indication that the documents relied on by the PRRA Officer are no longer accurate. [...] [53] The Minister’s Delegate consulted another document dealing with the “Project Thread”, PAK42394.E, dated March 3, 2004 (Tribunal Record, Vol 1, pp 68-71). [...] a) il n’est pas nécessaire de faire d’évaluation au regard des éléments mentionnés aux sous-alinéas 113d)(i) ou (ii) de la Loi;
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9,574.
Eli Lilly Canada Inc. v. Novopharm Limited - 2009 FC 1018 - 2009-10-05
Federal Court DecisionsNovopharm mounted its attack on numerous grounds, but I am persuaded that the main one – that the ‘113 is not a valid selection patent – is supported by the preponderance of evidence and, therefore, I deal with the others briefly at the end of my reasons. [...] By contrast, the ‘113 patent deals with olanzapine alone. In these circumstances, patent law considers the ‘113 to be a “selection patent”. [...] As he said, “the problem in dealing with very small samples is there is no fair way to do it; there [are] just different ways of skewing it.”
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9,575.
National Council of Canadian Muslims v. Canada (Attorney General) - 2022 FC 1087 - 2022-07-25
Federal Court DecisionsThe Applicants also submit that the CJC’s process for reviewing complaints is not procedurally fair and, in particular, that the CJC breached the duty of procedural fairness owed to them as complainants. [...] The Review Panel squarely asked itself, “How can a Palestinian, Arab or Muslim have faith that the judge would deal with their issues free of bias? [...] All this is true, but does not demonstrate any breach of procedural fairness.