11,309 result(s)
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9,851.
De Sousa v. Canada (Citizenship and Immigration) - 2019 FC 818 - 2019-06-14
Federal Court DecisionsHowever, in applying that test one must consider that the Kanthasamy Court acknowledges that “(t)he Immigration and Refugee Protection Act1 consists of a number of moving parts intended to work together to ensure a fair and humane immigration system for Canada” (para 1, footnote omitted). [...] I have reviewed with a great deal of attention the reasons given by the officer and I cannot reach such a conclusion. [...] Those interests must be “well identified and defined” and examined “with a great deal of attention” in light of all the evidence: Legault v. Canada (Minister of Citizenship and Immigration), [2002] 4 F.C. 358 (C.A.), at paras. 12 and 31; Kolosovs v. Canada (Minister of Citizenship and Immigration), 323 F.T.R. 181, at paras.
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9,852.
Kirkpatrick v. Canada (Attorney General) - 2019 FC 196 - 2019-02-15
Federal Court DecisionsLa Forest J. described that role as “(l)ooking at the Act as a whole it is evident that the role of the Commission is to deal with the intake of complaints and to screen them for proper disposition” (para 52). [...] [47] The decision of the Commission to dismiss a complaint under paragraph 44(3)(b) of the Act is a final decision made at an early stage, but in such case – contrary to a decision refusing to deal with a complaint under section 41 – the decision is made with the benefit and in the light of an investigation pursuant to [...] But regardless of possible improvements to the text which could have been offered before as part of the participation in the accommodation process, a fair reading of it confirms that the concerns expressed by the applicant ex post facto are not well placed.
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9,853.
Canada (Attorney General) v. L.P. Royer Inc. - 2018 FCA 27 - 2018-01-30
Federal Court of Appeal DecisionsOn November 4, 2015, Royer wrote to PWGSC regarding a [translation] “request to change the outer liner” accompanied by an illustrated explanation proposing to change the liner, at its own expense, to improve its resistance to the conditions of extreme cold that soldiers deal with (Exhibit 9 of the revised Government [...] [36] The applicant argues that the Tribunal’s interpretation clearly did not accord with the intention of the parties and would lead to an absurd result, to the extent that it would disregard the main objective of the RFP, which was to obtain high quality winter boots to allow members of the military to deal with extreme [...] The reason for this is, as noted by the Supreme Court in Double N Earthmovers Ltd. v. Edmonton (City), 2007 SCC 3 at para. 52, [2007] 1 S.C.R. 116, a concern for treating all bidders fairly.
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9,854.
MP Western Properties Inc. v. The Queen - 2017 TCC 82 - 2017-05-18
Tax Court of Canada Judgmentsf) The examining party is entitled to have any information, and production of any documents, that may fairly lead to a train of inquiry that may directly or indirectly advance his case, or damage that of the opposing party: Lloyd M. Teelucksingh v The Queen, 2010 TCC 94 at paragraph 15. [...] Request #6 - Provide unredacted version of Document 19 and provide full record of the correspondence during the period 2001 to 2012 between the Department of Finance and the CRA, including emails, memos and letters, with respect to the CRA’s perceived deficiency in the legislative scheme dealing with tax losses. [...] the legislative division of the Department of Finance for the period 2001 through 2012 with respect to the legislative scheme within the Income Tax Act dealing with so-called corporate loss trading, tech wrecks, transfer of corporate losses or whatever the colloquial terms might be, including any emails, memos and letters.
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9,855.
Wise v. Canada (Public Safety and Emergency Preparedness) - 2014 FC 1027 - 2014-10-29
Federal Court Decisions[32] As the action (appeal) is dismissed, I need not deal with remedy. [...] (iii) establishing an agency that is responsible for ensuring compliance with Parts 1 and 1.1 and for dealing with reported and other information; [...] (2) Une personne ou une entité n’est pas tenue de faire une déclaration en vertu du paragraphe (1) à l’égard d’une importation ou d’une exportation si les conditions réglementaires sont réunies à l’égard de la personne, de l’entité, de l’importation ou de l’exportation et si la personne ou l’entité convainc un agent de ce
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9,856.
Taticek v. Canada (Border Services Agency) - 2014 FC 281 - 2014-03-21
Federal Court DecisionsThe Respondent’s view was that the second item of the settlement agreement captured promotional appointments only and was intended to provide the Applicant with a fair opportunity for promotion. [...] respect of the employee, of a provision of any statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms or conditions of employment (subsection 208(1)(a)), or, as a result of any occurrence or matter affecting his or her terms of employment (subsection 208(1)(b)). [...] [26] When one examines the statutory scheme as a whole, it is clear that it constitutes a comprehensive scheme for dealing with employment related disputes, whereby Parliament has established an exclusive mechanism of non-adjudicative dispute resolution for grievances which do not involve demotion or termination, or
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9,857.
Hermiz v. Canada - 2013 FC 764 - 2013-07-09
Federal Court Decisions[18] The Prothonotary made a thorough review of a number of authorities dealing with the fact that a duty of care does exist between peace officers such as a policeman and a person under investigation. [...] [19] In Syl Apps Secure Treatment Centre v BD, [2007] 3 SCR 83, the Supreme Court, in dealing with an appeal on a motion to strike, considered the balance between statutory duties of the Children’s Aid Society in having a duty of care to the child and a duty of care to the child’s family and determined there was no duty of [...] of society is the paramount consideration, section 4(d) requires the least restrictive measures to be used, section 4(e) provides that offenders retain the rights and privileges of all members of society, except those necessarily removed and section 4(g) provides that decisions be made in a forthright and fair manner.
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9,858.
Kulasekaram v. Canada (Citizenship and Immigration) - 2013 FC 388 - 2013-04-17
Federal Court DecisionsUNHCR recommends that all claims by asylum-seekers from Sri Lanka need to be considered on the basis of their individual merits in fair and efficient refugee status determination procedures taking into account up-to-date and relevant country of origin information. [...] In May 2010, the Government, however, relaxed the Emergency Regulations by withdrawing several provisions, including those dealing with the imposition of curfews, propaganda activities, printing of documents and distributing them in support of terrorism, as well as those restricting processions and meetings considered [...] [43] In the circumstances of the present matter, there was no justification for the RPD to give preference to the, both controversial and mixed, conclusions of the UNHCR Report, which is over three years old, over a great deal of other more recent information and documents that appear in the Package and that describe the
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9,859.
Canada (Attorney General) v. Leer - 2012 FC 932 - 2012-07-27
Federal Court Decisions(9) The Governor in Council may make regulations prescribing the time, manner and form of making applications for division of unadjusted pensionable earnings or withdrawal of applications for that division, the procedures to be followed in dealing with and approving those applications and the information and evidence to be [...] (b) the procedures to be followed in dealing with and approving such applications and the information and evidence to be furnished in connection therewith; and [...] a) un contrat écrit est conclu entre les personnes visées par le partage, le 4 juin 1986 ou après cette date, et contient une disposition qui fait expressément mention de la présente loi et qui exprime l’intention de ces personnes de ne pas faire le partage, en application de l’article 55 ou 55.1, des gains non ajustés
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9,860.
Canadian Broadcasting Corporation v. Montréal (City) - 2012 FCA 184 - 2012-06-15
Federal Court of Appeal Decisions[16] Clearly, underlying this latest saga is an exchange of correspondence between the parties that illustrates some confusion, if not a great deal of confusion, in terms of the parties’ respective intentions and perceptions. [...] [26] I will now deal briefly with the letter from Tim Neal. The scope of Tim Neal’s letter [...] It [translation] “is based on the fair, equitable and predictable treatment of all stakeholders participating in the Payments in Lieu of Taxes Program and is designed to ensure that all reasonable measures are taken to properly compensate taxing authorities when payments . . . are unreasonably delayed”: ibidem.
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9,861.
Prashad v. Canada (Citizenship and Immigration) - 2011 FC 1286 - 2011-11-09
Federal Court DecisionsThe Officer’s Decision should not be subject to review because she exercised her discretion reasonably and within the parameters of procedural fairness. [...] Instead of addressing these submissions, the Officer emphasized the Applicants’ adaptability to Guyana and, in my view, neglected to deal with the hardship issue that arises from the parental sponsorship. [...] We are dealing with real people and massive disruption to their lives which may be entirely unnecessary if a positive sponsorship decision is forthcoming.
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9,862.
Toronto Dominion Bank v. Canada - 2010 FCA 174 - 2010-06-30
Federal Court of Appeal Decisions... 15. Le ministre peut, par avis signifié ou transmis par courrier recommandé, exiger d'une personne qui, en vertu d'une obligation existante, est ou sera tenue de faire un paiement à une personne qui est redevable d'un montant exigible en vertu d'une loi fiscale, qu'elle lui verse, à l'acquit de son créancier, la [...] [34] Before we deal with that question, it is appropriate to address the decision of the Court of Appeal of Québec in De Courval to which the appellant devoted all of its submissions. [...] 65. Apparently in order to deal with the competing lines of authority as to whether [subsection] 224(1.2) was sufficient to grant a priority to the [Minister of National Revenue] MNR, Parliament amended the section in 1990 by adding the following to the end of the section:
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9,863.
Blank v. Canada (Minister of Justice) - 2005 FC 1551 - 2005-11-17
Federal Court DecisionsEspecially when dealing with personal information, in my opinion, it is preferable to delete an entire passage in order to protect the privacy of the individual rather than disclosing certain non-exempt words or phrases. [...] In the cases where fairness has been held to require implied waiver, there is always some manifestation of a voluntary intention to waive the privilege at least to a limited extent. [...] In my judgment, the simplest, safest and most straightforward rule is that if a document is privileged then privilege must be asserted, if at all, to the whole document unless the document deals with separate subject matters so that the document can in effect be divided into two separate and distinct documents each of which
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9,864.
Canada (Citizenship and Immigration) v. Charkaoui - 2004 FC 624 - 2004-04-28
Federal Court DecisionsIt is hard to imagine a system in which one judge would deal with the certificate, another judge would be responsible for continuing the detention, while another judge would be responsible for the statutory review of continuing the detention, and a final judge would review the reasonableness of the certificate and the [...] However, the evidence he presented added to that of the first review, by increasing the surety from $25,000 to $50,000; filing newspaper articles dealing with the unreliability, and questioning the credibility, of Ahmed Ressam and Abou Zubaida, two individuals who identified Mr. Charkaoui as a person they had met in an [...] It has been held that the standards for reasonable apprehension of bias may vary, like other aspects of procedural fairness, depending on the context and the type of function performed by the administrative decision-maker involved: Newfoundland Telephone Co. v. Newfoundland (Board of Commissioners of Public Utilities),
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9,865.
Midland Hutterian Brethren v. Canada - 2000-12-21
Federal Court of Appeal DecisionsThe variable "B" in the mathematical formula set out in amended subsection 169(1) is the component that deals with the extent to which ITCs can be recovered for purchases (inputs) acquired for use in commercial activities in most circumstances. [...] In my opinion, there is no ambiguity in the wording of subsection 169(1) of the Act. I take comfort from the fact that on two earlier occasions, other panels of this Court have been called upon to deal with this subsection and none have suggested there is an ambiguity or a need to resort to a searching inquiry as to purpose [...] Having considered all relevant factors, I have concluded that my colleagues' understanding of the term permits an ITC to be claimed for an expenditure that has too tangential a connection with the production of taxable supplies, and is insufficiently attentive to important considerations of fiscal fairness.
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9,866.
Horvath v. Canada (Minister of Citizenship and Immigration) - 2000-10-26
Federal Court DecisionsRegarding an application for a stay of a removal order under the Immigration Act, it seems to me that the issue is whether it is fair and just to grant it. [...] Thankfully, the Court has the jurisdiction to deal with it. Sometimes, perhaps too rarely, judges who apprehend that the law's strictness will lead to certain and obvious injustice, invoke this residual jurisdiction to permit an out-of-the-usual adjudication, as did Madam Justice Simpson in her interesting, intellectually [...] Sections 49 and 50 deal with statutory stays of execution in certain defined circumstances; for instance, where an applicant has filed an appeal which has yet to be heard and disposed of, or where there are other proceedings.
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9,867.
Bell v. Canada - 2000-05-18
Federal Court of Appeal DecisionsThis is made clear in the following passage of his decision, at page 15, when he was dealing with the food fishing activity of the Company: [...] The short answer to the appellants" contention is, in my view, that it runs contrary to the decisions of the Supreme Court of Canada in Williams and Mitchell, supra, where the Court held that those Indians who acquire, hold and deal with property "in the commercial mainstream" must do so on the same terms as their fellow [...] I think it is fair to say that crucial facts relied upon by the appellants as the basis for their connecting factors have somewhat been embellished.
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9,868.
Ebco Industries Ltd. v. Canada - 2000-01-06
Federal Court Decisions[27] A final case to which I will refer, dealing with the nature of an amalgamation, is Regina v. Black & Decker Manufacturing Co. Ltd. (1974), 43 D.L.R. (3rd) 393, a decision of the Supreme Court of Canada, written by Mr. Justice Dickson as he then was. [...] Here I have in mind not a statutory amalgamation under BC company legislation, for that entails satisfying some fairly specific procedural requirements, evidence of which is not before me, but rather a common law amalgamation brought about by the BC Transit Act, such as was successfully argued in the Seaboard Life case. [...] Dealing with the latter he found difficult to contemplate a situation in which an amalgamating company does not cease to exist for all purposes yet might, as apparently argued by the Defendants, not commence an action.
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9,869.
Leblanc v. Canada - 1998-12-23
Federal Court DecisionsThe applicant submits that he did not truly want to leave the CF. The only reason he applied for transfer and release was to deal with his alcoholism. [...] 79.- The only purpose for my request for transfer of December 3, 1992, and my request for release dated February 5, 1993 and even the meetings related to these two requests was to deal with my alcoholism and to bring me closer to treatment and follow-up available in French. [...] Now, is it fair to say that this occurred because of your marital problems?
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9,870.
Morrison v. The Queen - 2018 TCC 220 - 2018-11-23
Tax Court of Canada JudgmentsRosenberg and Marigold would lead to substantial overestimates of the fair market value for the Products. [...] First, the issue of whether assumptions of fact should be taken as true is one of fairness to the taxpayer. [...] If a taxpayer makes a genuine gift by way of benefaction to a prescribed body, he should not be defeated in claiming his allowable deduction simply because that body, without his knowledge or participation, chooses to make some unusual arrangement to deal with the money.
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9,871.
Horseman v. Canada - 2015 FC 1149 - 2015-10-15
Federal Court Decisionsi. would fairly and adequately represent the interests of the class; [...] (i) would fairly and adequately represent the interests of the class, [...] (a) would fairly and adequately represent the interests of the subclass;
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9,872.
Fisher v. Canada (Attorney General) - 2013 FC 1108 - 2013-10-30
Federal Court Decisions4) The remedy must be fair to the defendant and should not impose substantial hardships that are unrelated to the securing of the right; [...] The remedy also does not go beyond the Court’s role and it is fair to the Respondent. [...] Substantively, the balance is fairly struck. [58] The Respondent submits that the present case involves a fair balance between the Applicant’s liberty interest and the public’s interest in having offenders on parole properly supervised.
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9,873.
Copthorne Holding Ltd. v. Canada - 2009 FCA 163 - 2009-05-21
Federal Court of Appeal DecisionsBy 1991, the fair market value of the Husky shares had fallen, with the result that VHSUB had an unrealized capital loss in respect of its Husky shares. [...] [12] After the completion of these loss consolidation transactions, Copthorne I owned all of VHHC Holdings, the shares of which had a nominal fair market value and a PUC of approximately $67.4 million. [...] Otherwise, legitimate tax planning would be jeopardized, thereby running afoul of that Court's clearly expressed goals of achieving "consistency, predictability and fairness".
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9,874.
Canadian Imperial Bank of Commerce v. Canada (Canadian Human Rights Commission) - 2006 FC 443 - 2006-04-24
Federal Court DecisionsIssue 3: The Commission did not breach the principles of procedural fairness. [...] (ii) aux activités destinées à faire respecter les lois fédérales ou provinciales, [...] (ii) aux activités destinées à faire respecter les lois fédérales ou provinciales,
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9,875.
Figurado v. Canada (Solicitor General) - 2005 FC 347 - 2005-03-10
Federal Court DecisionsThe applicant was alleging that the respondent had applied the wrong standard of proof and that there had been a denial of procedural fairness. [...] As a result, the issues related to procedural fairness have become academic. [...] As a result, the decision of the Court on the procedural fairness issue will have no practical effect on the rights of the Applicant.