11,309 result(s)
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9,801.
Goodman v. Canada (Minister of Citizenship and Immigration) - 2000-02-29
Federal Court DecisionsThe principles ensure the fairness of the administrative decision-making process while recognizing the need for flexibility in applying these concepts in the administrative context. [...] (e) the scope of his deal with the authorities when he turned supergrass and his knowledge of what happened to others in the INLA who had turned supergrass; [...] [88] I was invited to certify three questions but I decline to do so on the grounds the proposed questions do not fairly arise.
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9,802.
Marzen Artistic Aluminum Ltd. v. The Queen - 2014 TCC 194 - 2014-06-10
Tax Court of Canada JudgmentsIs that also fair? A If I said “in” I didn’t -- I thought it might help them with a – level the playing field vis-à-vis competition, yes. [...] Mr. Fabian spent a good deal of time explaining this function; he did so in a thorough and convincing manner. [...] Similarly, the “package deal” Mr. MacDonald referred to in paragraph 1.43 has to do combining transactions.
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9,803.
Canadian Imperial Bank of Commerce v. The Queen - 2022 TCC 83 - 2022-07-19
Tax Court of Canada JudgmentsThis, in my opinion, is the most efficient way to deal with this matter. [...] The evidence also shows that the LCL Group had spent a good deal of time and money building up these trademarks. [...] The taxpayer’s business was promoting credit cards in public spaces such as shopping centres, fairs and exhibition sites.
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9,804.
Canada v. Williams Lake Indian Band - 2016 FCA 63 - 2016-02-29
Federal Court of Appeal Decisions[20] In 1876, a joint commission between Canada and British Columbia, called the Joint Indian Reserve Commission, was established to deal with the allotment of Indian Reserves. [...] It did not deal with the allotment of a reserve to the Band: AR Vol. 14, Tab O at 3762, para. 130. [...] Rather, any possible fiduciary duty that may have existed required that he act honourably and fairly in considering the needs and wishes of the Band in resolving the issue of a land base, including the issue of the pre-emptions that had occurred on Lots 71 and 72.
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9,805.
Blank v. Canada (Minister of Justice) - 2004 FCA 287 - 2004-09-08
Federal Court of Appeal DecisionsIt is a personal and extra-patrimonial right which follows a citizen throughout his dealings with others. [...] At page 260, he wrote: "the zone of privacy is thus restricted in aid of the pursuit of early exchange of relevant facts and the fair resolution of disputes". [...] In short, section 23 of the Act is designed to deal with documents which are privileged, not those which were once privileged.
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9,806.
7294140 Canada Inc. (Zoomtoner) v. Connexlogix Inc. - 2023 FC 1010 - 2023-07-24
Federal Court DecisionsThe Court must interpret summary judgment rules broadly, favouring proportionality and fair access to affordable, timely and just adjudication; a fair and just process is one that permits a judge to find the facts necessary to resolve the dispute and to apply the relevant legal principles to the facts as found. [...] [23] I deal first with the preliminary admissibility issues and follow with a consideration of whether the Defendants have established, for each of them, that there is no genuine issue for trial. [...] c) faire passer d’autres produits ou services pour ceux qui sont commandés ou demandés;
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9,807.
Janssen Inc. v. Apotex Inc. - 2022 FC 107 - 2022-01-31
Federal Court DecisionsThe Court has discretion to look at one or more issues and determine whether it is appropriate to deal with those issues by way of summary trial [Rule 213(1); Teva Canada Limited v. Wyeth and Pfizer Canada Inc., 2011 FC 1169 (rev’d on other grounds 2012 FCA 141) [Teva Canada] at paragraph 32]. [...] [31] The Patent Act promotes adherence to the language of the claims, which in turn promotes fairness and predictability (Free World Trust at paras. 31(a), (b) and 41). [...] The public is entitled to rely on the words used provided the words used are interpreted fairly and knowledgeably.
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9,808.
Younis v. Canada (Immigration, Refugees and Citizenship) - 2021 FCA 49 - 2021-03-09
Federal Court of Appeal DecisionsMS. GERAMI: I don’t think that is a fair reflection of, you know, essentially - - [...] We will deal with that. I think there is - - MS. GERAMI: Okay. JUSTICE ANNIS: It really turns on how the third, how this sort of leaving the country, how it is applied. [...] At page 75 of the transcript, he questioned the Crown whether it was fair for the second Citizenship Judge to “choose anything but the Koo” test.
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9,809.
Kioko v. Canada (Citizenship and Immigration) - 2014 FC 717 - 2014-07-18
Federal Court Decisions[14] Issues of procedural fairness, on the other hand, call for a more exacting standard of review – the standard of correctness – and no deference is due to the decision-maker (Adetunji, above at para 23). [...] [15] In some judgments, the Court has treated the decision to not hold a hearing as a breach of procedural fairness and has, as a result, applied the standard of correctness. [...] [34] The Minister, through the Officer, gave no weight to the affidavit dealing with the deadly car accident.
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9,810.
Toussaint v. Canada (Attorney General) - 2011 FCA 213 - 2011-06-27
Federal Court of Appeal Decisions(a) We are dealing with a Ministerial delegate, not a “tribunal” in any formal sense. [...] (ii) The person seeking admission to Canada for permanent residence is receiving “care and maintenance pending placement in employment.” A fair reading of the Order in Council is that the “care and maintenance” is at the direction of the immigration authorities who met the person upon entry to Canada. [...] In my view, this is a fair reading in light of the history of the Order in Council, reviewed by the Federal Court at paragraphs 30-37, which shows that this medical coverage program was always focused on those entering Canada for the first time, not on those who had already arrived in Canada.
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9,811.
Ochapowace First Nation v. Canada (Attorney General - 2007 FC 920 - 2007-09-14
Federal Court DecisionsBut in all fairness, this is also true of Mr. Woodvine’s affidavit, submitted by the respondents. [...] Despite having reasonable grounds to believe this other police officer had been operating a motor vehicle while intoxicated, Beaudry decided not to request a breathalyzer and not to prepare an impaired driving report, using his discretion to deal with the case otherwise than through prosecution. [...] To be fair, he also argued that the only way to establish transparency and honesty, in the context of the subjective justification, was to provide the reasons for the decision.
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9,812.
Roy v. Poitras - 2006 FC 1386 - 2006-11-17
Federal Court DecisionsAs far as the trustee’s fees and disbursements are concerned, we leave everything to the Court, which will award you fair and reasonable compensation according to the circumstances. [...] 14.02 (1) Lorsqu’il se propose de prendre l’une des mesures visées au paragraphe 14.01(1), le surintendant envoie au syndic un avis écrit et motivé de la mesure qu’il entend prendre et lui donne la possibilité de se faire entendre. [...] and all options available under subsection 14.01(1) of the Act. Therefore, it will not be necessary to deal with the trustee’s two (2) other arguments, that is to say, the lack of reasons for the decision concerning the sanction and the merit of the decision suspending the trustee’s licence for a period of one (1) week.
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9,813.
Vivat Holdings Ltd. v. Levi Strauss & Co. - 2005 FC 707 - 2005-05-19
Federal Court DecisionsTo import a consideration of "concept" into paragraph 6(5)(e) of the Act, which deals with the degree of resemblance between the trade-marks, constitutes an error of law, urges Vivat. [...] cannot fairly be made except upon certain conditions, and they are also [...] Vivat simply did not establish, on the evidence, that the third party designs that bear the common element - double arch-double stitching - are in "fairly extensive use" in the marketplace.
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9,814.
Strachan v. Constant Craving (The) - 2003 FCT 86 - 2003-01-28
Federal Court DecisionsAfter all, it was nothing more than an attempt to deal with circumstantial evidence. [...] At the same time, the compensation must be fair to both the plaintiff and the defendant. [...] The ideal of compensation which is at the same time full and fair is met by awarding damages for all the plaintiff's actual losses, and no more.
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9,815.
Air Canada Pilots Association v. Kelly - 2011 FC 120 - 2011-02-03
Federal Court Decisions[158] These cases deal either with the constitutional validity of mandatory retirement policies or of legislation, and, in one case, deal specifically with the constitutional validity of paragraph 15(1)(c) of the Canadian Human Rights Act itself. [...] Mandatory retirement had profound implications for the structuring of pension plans, for fairness and security of tenure in the workplace, and for work opportunities for others. [...] [422] Meiorin imposes both procedural and substantive obligations on employers when dealing with discriminatory employment standards.
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9,816.
La Rose v. Canada - 2023 FCA 241 - 2023-12-13
Federal Court of Appeal DecisionsTake, for example, the right to a fair trial, which requires the state to refrain from breaching certain procedural guarantees, but also to provide an adequate court system. [...] While the pleadings require amendment, there is a vast body of scientific knowledge dealing with climate change, GHG emissions, and their consequences on human health and the environment. [...] [121] A motion to strike is a valuable tool in ensuring that litigation is efficient and fair, and that the common law remains within reasonable bounds—but it must be used with care (Imperial Tobacco at paras. 20-21).
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9,817.
Meda AB v. Canada (Health) - 2016 FC 1362 - 2016-12-09
Federal Court Decisions[116] This is particularly true in dealing with the prosecution histories of foreign patent applications, where different cannons of patent construction, different laws and different jurisprudence has evolved, differentiating doctrines applied elsewhere from Canadian patent law. [...] In Free World Trust, at paragraph 30, Mr. Justice Binnie enumerated six propositions that must be considered ensure that a fair and predictable result is achieved while construing claims to determine whether there is infringement: [...] 2. Adherence to the language of the claims in turn promotes both fairness and predictability.
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9,818.
Air Canada v. Thibodeau - 2012 FCA 246 - 2012-09-25
Federal Court of Appeal DecisionsB) Was the Judge entitled to a general order against Air Canada to comply with Part IV of the OLA dealing with the obligations of federal institutions in the area of communication with the public and provision of services? [...] It has long been recognized that statutes are not inconsistent simply because they overlap, occupy the same field or deal with the same subject matter. [...] (iv) The remedy must be “fair to the party against whom the order is made” and not “impose substantial hardships that are unrelated to securing the right”.
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9,819.
Singh v. Canada (Citizenship and Immigration) - 2023 FC 1715 - 2023-12-18
Federal Court DecisionsThe reviewing court must adopt an attitude of restraint and intervene “only where it is truly necessary to do so in order to safeguard the legality, rationality and fairness of the administrative process” (Vavilov at para 13), without “reweighing and reassessing the evidence” before it (Vavilov at para 125). [...] [37] It is true that, when an administrative decision maker does not properly deal with evidence squarely contradicting its findings of fact, the Court may intervene and infer that the decision maker overlooked the contradictory evidence when reaching its conclusion (Ozdemir v Canada (Minister of Citizenship and [...] They serve to state “how and why a decision was made,” demonstrate that “the decision was made in a fair and lawful manner,” and shield against “the perception of arbitrariness in the exercise of public power” (Vavilov at para 79).
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9,820.
Surewerx USA Inc. v. Dentec Safety Specialists Inc. - 2022 FC 921 - 2022-06-17
Federal Court DecisionsOnce the designating party has met its burden, the receiving party must accept the designation, unless it can show that certain directions are needed to balance its right to fairly defend or prosecute the action against the risk of harm established by the designating party. [...] He explained that the public disclosure of that particular information would allow competitors to negotiate directly with the suppliers to provide products manufactured to the same or similar specification at a cost equivalent or lower than the Plaintiffs, and allow customers to bypass the Plaintiffs to deal directly with [...] Seeking relief against a moving party as part of a responding record does not afford the moving party a fair opportunity to lead the required evidence.
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9,821.
Gomes v. Canada (Citizenship and Immigration) - 2020 FC 506 - 2020-04-09
Federal Court DecisionsIn my opinion, the long-established rule in judicial proceedings that justice must not only be done but must appear to be done, may be paraphrased for cases where the requirement is simply that of fair dealing, by saying that in such cases not only must the person involved be dealt with fairly but it must be apparent that
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9,822.
Montalbo v. Royal Bank of Canada - 2018 FC 1155 - 2018-11-15
Federal Court Decisions[The Respondent] has, therefore, provided a fair and reasonable response to the complaint. [...] Two (2) of those Divisions concern this proceeding: Division 1, which deals with the protection of personal information (sections 5 to 10), and Division 2, which sets out a comprehensive remedy process (sections 11 to 17.2). [...] has contravened its obligations under the PIPEDA. In conducting its investigation into the complaint, the OPC enjoys broad investigatory powers, including discontinuing the investigation if it considers that the organization has provided a fair and reasonable response to the complaint (PIPEDA, paragraph 12.2(1)(c)).
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9,823.
Osikoya v. Canada (Citizenship and Immigration) - 2018 FC 720 - 2018-07-11
Federal Court DecisionsThe RAD needed to say a great deal more than it did to explain why the claim was rejected despite this corroborative evidence. [...] In determining whether a claimant should be given protection in Canada on this basis, a decision-maker must evaluate the credibility of the claim with care and sensitivity, ensuring that it is judged against expectations that are fair and reasonable given the specific circumstances of the case. [...] Guideline 9: Proceedings before the IRB Involving Sexual Orientation and Gender Identity and Expression (effective May 1, 2017) now provide assistance to members of the Immigration and Refugee Board in this regard, helping to ensure that claims for protection on these grounds are scrutinized rigorously but fairly.
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9,824.
Chua v. Canada (Attorney General) - 2015 FC 738 - 2015-06-10
Federal Court Decisions[29] No issue in respect of lack of procedural fairness has been raised here. [...] [41] However, given that the evidence does not support the finding that the Applicant lacked the mental capacity at the relevant time to request voluntary release, and given that this issue was not raised during the grievance, I find that it is unnecessary for me to deal further with this point. [...] Once again, this factor suggests a fair amount of deference for the decisions made by the DMCA. Indeed, the necessity for the CF to have broad discretion in assessing employability and possibly releasing members is recognized in section 15 of the Canadian Human Rights Act, R.S. 1985, c. H-6, which makes the need to
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9,825.
Budlakoti v. Canada (Citizenship and Immigration) - 2015 FCA 139 - 2015-06-04
Federal Court of Appeal Decisions[40] As for the second preliminary objection—that there is another forum where adequate and effective relief can be had—the Federal Court did not deal with it fully and did not reach a firm conclusion on it. [...] the appellant applies to the Minister for citizenship under subsection 5(4) of the Citizenship Act, the Minister must decide the appellant’s application for citizenship fairly on the basis of the evidence presented and the applicable legislative standards, all in accordance with applicable standards of procedural fairness.