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Canada (Citizenship and Immigration) v. B147 - 2012 FC 655 - 2012-05-29

If the decision of the first detention review was largely binding on the Member hearing the 22nd detention review, the requirement that detention be reviewed fairly, openly and with a fresh perspective to evolving facts and circumstances would be easily and frequently, if not invariably, defeated.   [...]  Though the sum of $15,000 is a good deal of money, and I believe your brother can probably afford it, I don’t see how he would be able to exude any influence over you, with him living in Norway and you proposing to live in Montreal.   [...]  Fundamental justice requires that a fair balance be struck between these interests, both substantively and procedurally. . . .

Canada (Attorney General) v. Quadrini - 2011 FCA 115 - 2011-03-23

[25] The Board declined to consider at this stage the CRA’s submission that no exception to legal privilege existed in this case, because it was not yet dealing with the merits of the claim for privilege, but only with its authority to decide it.   [...]  Even courts will decline to review solicitor-client documents to adjudicate the existence of privilege unless evidence or argument establishes the necessity of doing so to fairly decide the issue.   [...]  a) de refuser d’employer ou de continuer à employer une personne donnée, ou encore de la suspendre, de la mettre en disponibilité, ou de faire à son égard des distinctions illicites en matière d’emploi, de salaire ou d’autres conditions d’emploi, de l’intimider, de la menacer ou de prendre d’autres mesures disciplinaires à

Alfaka Alharazim v. Canada (Citizenship and Immigration) - 2010 FC 1044 - 2010-10-22

Officer Blouin added that the Applicants had confirmed during their interviews that they knew that the individuals they had denounced would be detained, brutalized and possibly killed without any form of fair trial.   [...]  They maintain that it was a breach of procedural fairness for the Officer to have failed to provide notice that she was considering this provision.   [...]  It deals with the special situation where a person may have been subjected to very serious persecution in the past and will not therefore cease to be a refugee, even if fundamental changes have occurred in his country of origin.

Zavarella v. Canada (Attorney General) - 2010 FC 815 - 2010-08-11

60. (8) Dans le cas où il est convaincu, sur preuve présentée par le demandeur ou en son nom, que celui-ci n’avait pas la capacité de former ou d’exprimer l’intention de faire une demande le jour où celle-ci a été faite, le ministre peut réputer cette demande de prestation avoir été faite le mois qui précède celui au cours   [...]  a) que le demandeur n’avait pas la capacité de former ou d’exprimer l’intention de faire une demande avant la date à laquelle celle-ci a réellement été faite;   [...]  to appeal to the PAB had been prepared with respect to his dealings with the WSIB, and as opposed to his claims under the CPP. In addition, he submitted that chronic pain has been recently recognized as a form of disability and that he believes he can demonstrate that he has had this form of disability since December 2000.

Canada (Attorney General) v. Imperial Oil Resources Limited - 2009 FCA 325 - 2009-11-12

[8] The Alberta Crown Agreement deals with production from the “Syncrude Project”, defined in the Agreement as follows:   [...]  23. (2) Sur recommandation du Conseil du Trésor, le gouverneur en conseil peut, s’il le juge d’intérêt public, faire remise de tous droits, taxes ou pénalités.   [...]  (a) amounts receivable and the fair market value of any property receivable by the Crown as a royalty, tax, rental or levy with respect to the Syncrude Project, or as an amount however described, that may reasonably be regarded as being in lieu of any of the preceding amounts;

Thaneswaran v. Canada (Citizenship and Immigration) - 2007 FC 189 - 2007-02-20

Mr. Thaneswaran asserts that the Board exceeded its jurisdiction by failing to deal with his motion relating to the admissibility of the aforementioned pieces of evidence because the Board did not specifically refer to the objections in its reasons.   [...]  [25] It is now trite principle of law that even where there is a clear breach of procedural fairness and/or natural justice, a decision should not be sent back for redetermination where the claim is bound to fail.   [...]  The reviewable error may be an error of law or a breach of natural justice or of procedural fairness.

3234339 Canada Inc. (Crédico Marketing Inc.) v. M.N.R. - 2005 TCC 607 - 2005-09-15

They either deal directly with the Appellant or as "contacts" for another representative.   [...]  20. The workers all assume some financial risk, given the travel involved for various activities, fairs, shows and festivals, but contrary to the position taken by Respondent, the hotel room, like the other expenses, were never provided by the Appellant.   [...]  (a) the Appellant has been operating a credit card promotion business since 1996 in shopping centres, at fairs, festivals and shows;

Ethier v. The Queen - 2001-08-29

The fair market value ("FMV") of the Cameco shares had gone up significantly from the original public issue price of $12.50 in the spring of 1991.   [...]  7(1.1) Where ... a Canadian-controlled private corporation ... has agreed to sell or issue a share of the capital stock of the corporation ... to an employee of the corporation ... and at the time immediately after the agreement was made the employee was dealing at arm's length with   [...]  A is the amount, if any, by which the fair market value of the property at that time exceeds the amount that would, if the disposition referred to in subparagraph (i) were a disposition for the purpose of section 7 or 35, be included under that section as a result of the disposition in computing the income of the elector,

Page v. Canada (Attorney General) - 2023 FCA 169 - 2023-07-27

[...] [8] Paragraph 18(1)(a), the key provision at issue in this application, deals with disentitlement and provides that:   [...]  [14] Sections 9.001 and 9.002 of the EI Regulations deal with “reasonable and customary” efforts to find suitable employment, within the meaning of subsection 50(8) of the EIA, and with criteria for “suitable employment”.   [...]  (iv) attending job search workshops or job fairs, (iv) la participation à des ateliers sur la recherche d’emploi ou à des salons de l’emploi,

Rodrigue v. Canada - 2023 FC 712 - 2023-05-23

He relied on his assessment of the credibility of GCSurplus and the Forces to conclude that the vehicle was a better deal than the information disclosed on the GCSurplus website might suggest.   [...]  53 Where any right, duty or liability would arise under a contract of sale by implication of law, it may be negatived or varied by express agreement or by the course of dealing between the parties, or by usage, if the usage is such as to bind both parties to the contract.   [...]  GCSurplus may seek independent appraisals to assist in establishing fair minimum bids.

Cosentino v. Canada (Attorney General) - 2020 FC 884 - 2020-09-08

[84] The CJC referred to the Ethical Principles, which require a judge to listen fairly, but also assert firm control over the proceedings “to maintain an atmosphere of dignity, equality and order”.   [...]  Justice Daley’s decision – to deal with the matters three years later and in the context of his role as case management judge of seven related matters – is a judicial decision, as the CJC reasonably found.   [...]  Canadian Judicial Council Procedures for Dealing with Complaints made to the Canadian Judicial Council about Federally Appointed Judges

Onion Lake Cree Nation v. Canada - 2017 FC 1049 - 2017-11-20

It asserts that the Governor General, as the representative of the Sovereign, is the protector of the honour of the Crown in its dealings with First Nations and, in particular, OLCN, and that the Governor General has breached his fiduciary duty to consult with them and has offended the honour of the Crown by not upholding   [...]  20. The said Royal Proclamation set out a policy for the British Crown to treat and deal with all First Nations fairly and honourably, inter alia, to protect the First Nations people from exploitation and illegalities by anyone for any reason.   [...]  21. Aboriginal title, at all material times, was established by the said Royal Proclamation and formed the corner stone for the Treaty with the Government of Canada and the Defendant, Governor General, was and is established as the Protector of the Honour of the Crown in all its dealings and undertakings with First Nations,

Rowe v. The Queen - 2017 TCC 122 - 2017-06-23

The above excerpt from Mr. Rowe’s letter to the CRA indicates that, before Mr. Lewis said anything about Fiscal Arbitrators, Mr. Rowe approached Mr. Lewis to see if there was some way of dealing with the tax liabilities that had arisen by reason of the disallowed charitable donations.   [...]  I may be an unusual witness or an unusual appellant in this case, but I’m just – I’m a fair and honest individual.   [...]  Furthermore, this Court has no jurisdiction to deal with offences under section 239 of the ITA.