11,309 result(s)
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9,726.
Emerson Electric Co. v. Canadian Tire Corporation, Limited - 2016 FC 308 - 2016-03-10
Federal Court DecisionsI think it is fair to say that the parties provided contrasting interpretations of the conclusions to be drawn from these decisions. [...] In both cases it was clear that the courts were dealing with “bare allegations” in pleadings which were unsustainable due to the lack of material supporting facts.
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9,727.
MacIntyre v. Canada - 2015 FC 429 - 2015-04-09
Federal Court Decisions[10] “Enfranchisement” is a euphemism for one of the most oppressive policies adopted by the Canadian government in its history of dealings with Aboriginal peoples: Report of the Royal Commission on Aboriginal Peoples: Looking Forward, Looking Backward, vol. 1 (Ottawa: Canada Communication Group Publishing, 1996) at page [...] ... where a statute is declaratory of the law, it may be both natural and fair to interpret it, under a retroactive construction, as a statement not only of what the law is at the time of the enactment but also as a statement of what the law has always been.
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9,728.
Genu v. Canada (Citizenship and Immigration) - 2015 FC 129 - 2015-02-03
Federal Court Decisions[15] The RAD began by dealing with the preliminary issues related to its jurisdiction and the scope of the appeal before it. [...] [51] Acting as the RPD did in this case is, in my opinion, entirely consistent with one of the objectives of the IRPA, namely, to establish fair and efficient procedures that will maintain the integrity of this system, while upholding Canada’s respect for the human rights and fundamental freedoms of all human beings.
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9,729.
Newman v. Canada (Attorney General) - 2014 FCA 218 - 2014-09-30
Federal Court of Appeal Decisions[8] Section 32 of the VRABA deals with the reconsideration of an Appeal Panel decision. [...] 32. (1) [...] le comité d’appel peut, de son propre chef, réexaminer une décision rendue en vertu du paragraphe 29(1) ou du présent article et soit la confirmer, soit l’annuler ou la modifier s’il constate que les conclusions sur les faits ou l’interprétation du droit étaient erronées; il peut aussi le faire sur demande si
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9,730.
Ratiopharm Inc. v. Canada (Attorney General) - 2014 FC 502 - 2014-05-27
Federal Court DecisionsTherefore, I see no basis for departing from the conclusion reached in Manitoba Society of Seniors Inc that the provisions of the Patent Act dealing with patented medicines, properly interpreted, fall within federal jurisdiction over patents of invention; they are constitutional. [...] 92. Dans chaque province la législature pourra exclusivement faire des lois relatives aux matières tombant dans les catégories de sujets ci-dessous énumérés, savoir :
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9,731.
Compagnie Amway Canada v. Murphy - 2014 FCA 136 - 2014-05-27
Federal Court of Appeal Decisions[8] The ensuing decision issued on July 2, 2010 deals exclusively with the question whether the Federal Court or the arbitration tribunal had the authority to pronounce on the enforceability of the arbitration clause. [...] [26] Also, a fair reading of the Federal Court judge’s decision giving effect to the arbitration clause (2011 FC 1341) leaves no doubt as to scope of his conclusion:
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9,732.
Connolly v. The Queen - 2014 TCC 55 - 2014-02-20
Tax Court of Canada Judgments(b) The transferor and transferee must not have been dealing at arm’s length; [...] [34] A loan can be consideration for the purposes of subsection 160(1) but the onus was on the Appellant to demonstrate that a loan existed at the time of transfer, and the fair market value of that loan.
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9,733.
Nagy v. Canada (Citizenship and Immigration) - 2013 FC 299 - 2013-03-25
Federal Court DecisionsThe basis for this Court’s intervention was the Board’s failure to deal with the principal applicant’s claim that she faced a risk of persecution on account of her daughter’s partial Roma ethnicity (IN v Canada (Minister of Citizenship and Immigration), 2011 FC 723, [2011] FCJ No 919). [...] [14] The Board noted that in light of the documentary evidence, Hungary is a democratic state where free and fair elections are held and a relatively independent and impartial judiciary is in place.
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9,734.
Acklands-Grainger Inc. v. Canada (Attorney General) - 2012 FCA 298 - 2012-11-19
Federal Court of Appeal DecisionsIn this case, there was no dispute as to the jurisdiction of the Tribunal to deal with the Acklands complaint. [...] ¶77. Therefore, while the trade agreements impose fairness and transparency obligations upon government entities, the Tribunal is of the view that these obligations cannot be interpreted in a fashion that would require the government to adopt tendering procedures that seek to eliminate the effects of any natural or
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9,735.
Twentieth Century Fox Home Entertainment Canada Limited v. Canada (Attorney General) - 2012 FC 823 - 2012-06-28
Federal Court Decisions23. (2) Sur recommandation du ministre compétent, le gouverneur en conseil peut faire remise de toutes taxes ou pénalités, ainsi que des intérêts afférents, s’il estime que leur perception ou leur exécution forcée est déraisonnable ou injuste ou que, d’une façon générale, l’intérêt public justifie la remise. [...] Therefore, this was an issue which the Court should deal with on its merits.
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9,736.
Marma v. Canada (Citizenship and Immigration) - 2012 FC 777 - 2012-06-19
Federal Court Decisions[21] The applicants raised several issues, including the Board’s alleged failures to deal with the risk associated with the fact that the applicants’ father has been granted refugee status in Canada some years earlier, and the changing conditions in Syria. [...] [27] Furthermore, the applicants cite Neheid v Canada (Minister of Citizenship and Immigration), 2011 FC 846, which found that “there was a breach of fairness by reason of unreasonable translation which was material to the Board's decision.” In that decision, the Court cited Singh v Canada (Minister of Citizenship and
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9,737.
Adventure Tours Inc. v. St. John's Port Authority - 2012 FC 305 - 2012-03-14
Federal Court Decisions[21] Consequently, for the following reasons, the overall impression on the Court is that the matter subject to review in this application is public in nature and in dealing with this matter, the SJPA was acting as a “federal board, commission or other tribunal”. [...] [33] This Court does not intend to address the issues of procedural fairness or the discretionary nature of judicial review.
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9,738.
Spidel v. Canada (Attorney General) - 2012 FC 54 - 2012-01-17
Federal Court DecisionsIt was not unreasonable, therefore, for the Commissioner to deal with the validity of the policy itself, leaving the question whether there were appropriate alternatives in individual cases such as Mr. Spidel’s to a separate inquiry. [...] (g) that correctional decisions be made in a forthright and fair manner, with access by the offender to an effective grievance procedure;
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9,739.
Massey v. Canada (Citizenship and Immigration) - 2011 FC 1382 - 2011-11-29
Federal Court DecisionsIn all likelihood, these applications could have been processed in a fairly straightforward manner but for a single fact that complicated everything. [...] I cannot see any other realistic way of dealing with the unusual circumstances before him.
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9,740.
Lee v. The Queen - 2011 TCC 337 - 2011-06-29
Tax Court of Canada Judgments[14] Accordingly, I will deal only with the subpoena concerning Ms. Mohamed. [...] It is fairly clear to me that the Appellant accuses Mr. Mohamed and/or his wife as being a source of his tax problems and they would both likely be hostile witnesses in respect of the Appellant’s case.
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9,741.
Korayem v. Canada (Citizenship and Immigration) - 2011 FC 486 - 2011-04-21
Federal Court DecisionsAdditional evidence may be submitted on issues of procedural fairness and jurisdiction only (Dezameau v Canada (Minister of Citizenship and Immigration), 2010 FC 559, 369 FTR 151 at para 13). [...] It is settled law that a removal officer is not to conduct a “mini” H&C assessment when dealing with a request to defer removal (Chetaru v Canada (Minister of Public Safety and Emergency Preparedness), 2009 FC 436 at paras 18-20).
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9,742.
Eli Lilly Canada Inc. v. Nu-Pharm Inc. - 2011 FC 255 - 2011-03-03
Federal Court Decisions[6] The purpose of pleadings is to define the question in controversy between the litigants and to give the defendant fair notice of the case to be met (Weatherall v Canada (AG), [1989] 1 FC 18, 86 NR 168 at paragraph 14). [...] The respondent maintains that this is because the argument was not put to the Federal Court Judge and urges us not to deal with this argument on that ground.The fact that the argument was not addressed by the Federal Court Judge does suggest that it was not made or insisted upon by the appellants.
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9,743.
Castillo Afable v. Canada (Citizenship and Immigration) - 2010 FC 1317 - 2010-12-21
Federal Court Decisions[15] I shall deal first with the issue of whether the supplementary affidavit will be admitted into evidence. [...] The law is clear that judicial review applications are to be conducted strictly on the evidence that was before the decision-maker, unless the additional evidence pertains to questions of procedural fairness or jurisdiction: see, e.g., Vasquez Encinas v. Canada (Citizenship and Immigration), 2006 FC 61.
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9,744.
Aleksic v. Canada (Citizenship and Immigration) - 2010 FC 1285 - 2010-12-14
Federal Court Decisions[31] The Applicant submits that the IAD ignored the evidence of hardship her father would face with air travel, and the financial impact she would deal with if she had to move back to Serbia to be with her parents. [...] 6. Is it the visa officer or the medical officer that needs to resolve all of the medical and non-medical information contained in the fairness letter?
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9,745.
Bageerathan v. Canada (Citizenship and Immigration) - 2009 FC 513 - 2009-05-21
Federal Court DecisionsThe Court has retained jurisdiction to deal with any issues which may arise that affect the mandatory order. [...] [25] Breaches of the rules of natural justice or of procedural fairness are governed by the standard of review of correctness (Juste v. Minister of Citizenship and Immigration, 2008 FC 670, paragraphs 23 and 24; Bielecki v. Minister of Citizenship and Immigration, 2008 FC 442, paragraph 28; Hasan v. Minister of Citizenship
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9,746.
Saskferco Products ULC v. Canada - 2008 FCA 297 - 2008-10-06
Federal Court of Appeal Decisions[26] The legal issue to be decided in this appeal is fairly narrow. Saskferco does not base its argument on the interpretation of a provision of the Income Tax Act. It is conceded that subsection 39(2), which deems foreign exchange losses to be on capital account, only applies if the underlying transaction in connection [...] Hence, courts should approach with considerable scepticism arguments based solely on general principle, even where, as here, the Income Tax Act does not deal comprehensively with an issue.
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9,747.
Bondoc v. Canada (Citizenship and Immigration) - 2008 FC 842 - 2008-07-08
Federal Court Decisions[16] The HRSDC deals exclusively with the employer in Canada, and therefore is not responsible for assessing the bona fides of the employment contract. [...] The applicant has also failed to convince the Court that the visa officer breached procedural fairness in failing to provide adequate reasons for this finding.
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9,748.
Moss v. Canada - 2008 FC 768 - 2008-06-19
Federal Court DecisionsOf particular concern is the portion of the contracts referred to as settlement options which deal with the types of benefits which can be paid to the holder upon maturity. [...] [13] Given that Ms. Moss is an unrepresented litigant and the present litigation proceeded as a simplified action, I find that a fair and just award of costs in favour of Minister be limited to the all encompassing amount of $1,000.
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9,749.
Rae v. Electoral Officer of Canada - 2008 FC 246 - 2008-02-25
Federal Court DecisionsSection 16 of the Act requires him to ensure that all election officers act with fairness and impartiality and in compliance with the Act. He is vested with all the powers necessary to perform his duties and functions in administering the Act. Section 17 even gives him, during an election period, if an emergency, an unusual [...] [22] Previous cases dealing with the role of the Chief Electoral Officer under the Canada Elections Act were considered by Madam Justice Heneghan in Sinclair v. Conservative Party of Canada, 2004 FC 1628, 2004 F.C.J. No. 1966 (QL).
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9,750.
Kikot v. The Queen - 2008 TCC 38 - 2008-01-23
Tax Court of Canada JudgmentsI will deal with the remaining years individually. [25] For 1998 he claimed $33,203 in employment expenses. [...] Although case law is clear to the effect that the complexity of one’s tax issues is insufficient reason for not abiding by the requirements of the Act, in this instance common sense and fairness must come into play.