11,309 result(s)
-
9,876.
Voltage Picture LLC v. John Doe - 2014 FC 161 - 2015-02-16
Federal Court Decisions[36] There is developing jurisprudence in Canada and in this Court dealing with Norwich Orders. [...] d). that fairness requires the information be provided prior to trial; and, [...] Accordingly, in my judgment, to make such an order would not proportionately and fairly balance the interests of the Other Claimants with the Intended Defendants' interests.
-
9,877.
Alberta Wilderness Assn. v. Cardinal River Coals Ltd. - 1999-04-08
Federal Court Decisions(ii) Did the Joint Review Panel conduct its public hearings in accordance with the principles of procedural fairness, the procedural requirements of CEAA and the Joint Panel Agreement, and the legitimate expectations of the applicants? [...] The first provincial approval (or permitting) stage deals primarily with the conceptual plans for the mine project as a whole. [...] : Procedural Fairness [57] The sole procedural fairness argument in this case arises from what appears to be an oversight on the part of the Joint Review Panel Secretariat.
-
9,878.
Dysert v. The Queen - 2013 TCC 57 - 2013-02-21
Tax Court of Canada JudgmentsThere are a number of leading and oft-quoted cases dealing with the meaning to be given to the terms resident and ordinarily resident and some are quoted from, below. [...] Section 116 of the Act and Part XIII deal with these cases. The former provision applies when a non-resident sells property and the latter when a non-resident collects, among other things, rental income. [...] Subsection 250(5) applies notwithstanding any other provision of the ITA, including paragraph 250(1)(a) dealing with sojourners (or subsection 250(3) dealing with factual residents).
-
9,879.
Makhija v. Canada (Attorney General) - 2008 FC 327 - 2008-03-25
Federal Court DecisionsHe acknowledged that Infowave was relying on this certificate in its dealings with TPC. [...] Such bias resulted in a breach of the principles of procedural fairness in arriving at the rulings under review. [...] To this end, public office holders, when they deal with the public and with lobbyists, are required to honour the standards set out for them in their own codes of conduct.
-
9,880.
Glaxosmithkline Inc. v. Apotex Inc. - 2003 FC 1055 - 2003-09-10
Federal Court Decisions(3) Sous réserve du paragraphe (4), la personne qui soumet une liste de brevets doit le faire au moment du dépôt de la demande d'avis de conformité. [...] In order to distinguish the facts of the present case from the decision in Novapharm,supra, GSK argues that, in Novapharm, supra, Hugessen J. was dealing with the way that patents are listed in the first place in accordance with section 4 of the Regulations. [...] In this instance, we are dealing with supplemental submissions which, as the case law makes clear, are eligible for inclusion on the Register and encompass the original 08356 submission made June 11, 1990.
-
9,881.
Colbran v. The Queen - 2003 TCC 154 - 2003-03-20
Tax Court of Canada Judgments[72] He testified that he was hoping to have the May 1 rent paid so that a deal, compromising rent, with the landlord, would stay in place. [...] Those arrangements would be your responsibility, as it's not our position to be dealing directly with your sub-tenant. [...] He didn't really understand anything about the restaurant business and we tried to convince him, which we thought fairly successfully, was to try and sell it but that wasn't happening.
-
9,882.
3510395 Canada Inc. v. Canada (Attorney General) - 2020 FCA 103 - 2020-06-05
Federal Court of Appeal Decisions[12] The CRTC found that the main thrust of the Act “deals with electronic commerce” (Constitutional Decision at para. 43). [...] (iii) pour faire valoir un droit ou exécuter une obligation juridique, une ordonnance judiciaire, un jugement ou un tarif, [...] (iv) pour faire valoir un droit découlant d’une règle de droit fédérale, provinciale, municipale ou étrangère;
-
9,883.
Watson v. Canada - 2020 FC 129 - 2020-01-28
Federal Court Decisions(c) the representative can fairly and adequately represent the interests of the represented persons; and [...] show that the representative plaintiffs are capable of fairly and adequately representing the collective; and [...] [432] Further, I find that the Watson Plaintiffs have shown they can fairly and adequately represent the collective.
-
9,884.
Coldwater First Nation v. Canada (Attorney General) - 2020 FCA 34 - 2020-02-04
Federal Court of Appeal DecisionsBut to make that sort of point “fairly arguable,” there must be at least a shred of evidence to support it. [...] This issue is not “fairly arguable.” In law, statements of this sort do not trigger disqualifying bias. [...] That said, we are dealing with a constitutional duty of high significance to Indigenous peoples and indeed the country as a whole.
-
9,885.
Canadian National Railway Company v. Halton (Regional Municipality) - 2024 FCA 84 - 2024-05-02
Federal Court of Appeal DecisionsRelevant considerations are procedural fairness and the need to make a proper determination. [...] They argue that CN cannot show that Dr. Singh’s affidavit (dealing with the harmful consequences of a resumption of construction of the Project) raises new issues since the goal of CN’s motion is the resumption of construction.
-
9,886.
Sidhu v. Canada (Citizenship and Immigration) - 2023 FC 504 - 2023-04-11
Federal Court Decisions• 1)Did the Officer err in law or breach procedural fairness by not properly considering the Applicant’s request for Temporary Resident Permits? [...] This means that decision-makers must do more than simply state that the interests of a child have been taken into account: the BIOC must be examined with a great deal of attention in light of all the evidence [the Supreme Court itself italicizes the word “all”].
-
9,887.
Burke v. The King - 2022 TCC 158 - 2022-12-09
Tax Court of Canada JudgmentsAs noted, these same difficulties occurred during his dealings with the CRA. [...] Where so used, the NWA needs to be well executed and the taxpayer fairly believed where exceptional circumstances were experienced, explained and obvious.
-
9,888.
Kovacs v. Canada (Citizenship and Immigration) - 2022 FC 1532 - 2022-11-10
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). [...] [30] The Federal Court of Appeal also stated that when dealing with cessation cases, the RPD must provide “reasoned explanation concerning the relevant evidence and key issues, including the key arguments made by the parties” (Camayo FCA at para 82, citing Sexsmith v Canada (Attorney General), 2021 FCA 111 at para 36).
-
9,889.
Boudreau v. Canada (Revenue Agency) - 2022 FC 792 - 2022-06-02
Federal Court DecisionsThis is a simple reality that Ms. Boudreau must deal with in this case. [...] This is a judicial review where the parties will debate the reasonableness of an administrative decision or the fairness of the process that led to it.
-
9,890.
Lim v. Canada (Attorney General) - 2022 FC 140 - 2022-02-04
Federal Court DecisionsTo have disciplinary proceedings conducted by a judge’s peers offers the guarantees of expertise and fairness that judicial officers are sensitive to, while avoiding the potential perception of bias or conflict that could arise if judges were to sit in court regularly in judgment of each other. [...] In addition, the Applicant has filed a copy of the Supreme Court of Canada’s decision in Legare dealing with the interpretation of the charge of “luring of a child” under subsection 172.1(1)(c) CCC.
-
9,891.
Quiros v. Canada (Citizenship and Immigration) - 2021 FC 1412 - 2021-12-14
Federal Court Decisions[21] The same conclusion, in my view, can be drawn in this case, as we are dealing with two individuals who have established their lives in Canada for over 18 1⁄2 years in one case and 12 years in another. [...] In fairness to my colleagues, I note that Kanthasamy was rendered after their decisions.
-
9,892.
Duhamel v. Canada (Attorney General) - 2021 FC 1255 - 2021-11-19
Federal Court Decisions[15] The reasonableness standard is a deferential form of review meant to ensure that “courts intervene in administrative matters only where it is truly necessary to do so in order to safeguard the legality, rationality and fairness of the administrative process” (Canada (Minister of Citizenship and Immigration) v Vavilov, [...] [16] The Respondent submits that decisions of judicial councils are to be reviewed “with a great deal of deference.” In Moreau-Bérubé v New Brunswick (Judicial Council), 2002 SCC 11, Justice Arbour stated that “[j]udicial councils may be viewed as unique not only amongst administrative tribunals but even amongst
-
9,893.
Khalsa v. Canada (Citizenship and Immigration) - 2021 FC 1152 - 2021-10-28
Federal Court Decisions[5] A procedural fairness letter (“PFL”) was provided to the Applicant by CBSA on January 6, 2015. [...] Thus, it appears that while the ID Member may have been improper in their dealing with the psychiatrist’s note, this is not determinative and does not render the decision unreasonable.
-
9,894.
Ouimet v. Canada (Attorney General) - 2021 FCA 200 - 2021-10-15
Federal Court of Appeal DecisionsIt would therefore be unfair to consider it because the respondent did not have the opportunity to deal with it properly. [...] under the Act. Their main purpose is to provide some consistency when an agreement has been reached with a province that has adopted its own pregnancy or childcare benefits plan and to ensure fairness between residents of different provinces: see Summary of the Regulatory Impact Study, Respondent’s Record, at page 2573.
-
9,895.
Ebid v. Immigration Consultants of Canada Regulatory Council - 2021 FC 755 - 2021-07-16
Federal Court Decisions[3] In the underlying judicial review, the Applicant claims that the disciplinary process breached his right to procedural fairness, and that it violated section 7 of the Canadian Charter of Rights and Freedoms, s 7, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11 [Charter], as [...] • breached his duty to his clients by failing to deal with their files in a professional manner, misrepresenting the ongoing situation and the clients’ options regarding future representation, inappropriately issuing a blanket denial of refunds for unearned fees, and attempting to have his clients sign a waiver and release;
-
9,896.
Soulliere v. The Queen - 2020 TCC 67 - 2020-07-23
Tax Court of Canada Judgments[17] Prior to the existence of Metro 2010, the appellant’s father had operated a similar business which originally began in the 1960s with two food trucks and eventually grew into a fairly large and quite successful operation. [...] However, I will deal briefly with these questions. The first two are questions of fact while the third is essentially a question of law given the facts.
-
9,897.
Canada (Attorney General) v. Valero Energy Inc. - 2020 FCA 68 - 2020-03-31
Federal Court of Appeal DecisionsWhen looking at the entire Application, including most importantly its factual underpinnings, the real question turns on whether the Minister can be blocked from exercising her statutory authority under subsection 231.2(1) of the Act. While this appeal deals with the striking of an application for judicial review on [...] If she does not exercise her discretion in Valero’s favour once the assessments are complete, Valero may have administrative law arguments to advance before the Federal Court about procedural fairness and any representations upon which it relied at the time.
-
9,898.
Gonzales v. Canada (Immigration, Refugees and Citizenship) - 2019 FC 519 - 2019-04-24
Federal Court DecisionsSubsection 25(1) provides the Minister a mechanism to deal with exceptional circumstances. [...] In failing to do so, that officer breached the Applicant’s right to procedural fairness.
-
9,899.
Farah v. Canada (Citizenship and Immigration) - 2018 FC 1162 - 2018-11-16
Federal Court Decisions[12] The Applicant further submits that the Officer breached the duty of fairness by failing to consult the Chairperson Guideline 9 - Proceedings before the IRB Involving Sexual Orientation and Gender Identity and Expression [the SOGIE Guidelines] before rendering his decision (Hernandez v Canada (Minister of Citizenship [...] The Court disagrees as there is no obligation for a PRRA officer to apply these guidelines to the Applicant’s sexual orientation when dealing with a PRRA (Mudiyanselage at para 28).
-
9,900.
Al-Abayechi v. Canada (Citizenship and Immigration) - 2018 FC 360 - 2018-04-09
Federal Court Decisions[12] A correctness standard of review applies to the Applicant’s allegations that their former consultant is incompetent, as this issue “goes to the Applicant’s right to fully present his case, which is an issue of procedural fairness”: Galyas v Canada (Citizenship and Immigration), 2013 FC 250 at para 27. [...] If the Applicant chooses to hire an immigration consultant rather than a member of the immigration bar, he has to deal with the consequences.