11,309 result(s)
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9,976.
Betancour v. Canada (Citizenship and Immigration) - 2009 FC 767 - 2009-07-27
Federal Court DecisionsThis is to be contrasted with paragraph 101(2)(a) which deals with inadmissibility by reason of a conviction in Canada. [...] S’il ne peut le faire, il en donne la raison et indique quelles mesures il a prises pour s’en procurer. [...] So that provides fairly serious reasons to consider that he is the person named in this report.
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9,977.
Canada (Citizenship and Immigration) v. Feerasta - 2009 FC 577 - 2009-06-03
Federal Court Decisionsb) obtient ou utilise le certificat d’une autre personne en vue de se faire passer pour elle; [...] c) permet sciemment que son certificat soit utilisé par une autre personne pour se faire passer pour lui; [...] The Judge’s failure to deal with the misrepresentations constitutes an error of law.
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9,978.
Canada (Citizenship and Immigration) v. Feerasta - 2009 FC 575 - 2009-06-02
Federal Court Decisionsb) obtient ou utilise le certificat d’une autre personne en vue de se faire passer pour elle; [...] c) permet sciemment que son certificat soit utilisé par une autre personne pour se faire passer pour lui; [...] The Judge’s failure to deal with the misrepresentations constitutes an error of law.
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9,979.
Aguilar Espino v. Canada (Citizenship and Immigration) - 2007 FC 74 - 2007-01-25
Federal Court Decisions[7] The officer found that the applicants had achieved a "fair degree of establishment in Canada". [...] At the same time, to be fair to clients and to avoid just criticism, there must be as much consistency as possible in the use of this discretion. [...] The IAD is given jurisdiction by section 63 of the Act to deal with appeals brought by:
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9,980.
Canada v. Design Services Ltd. - 2006 FCA 260 - 2006-07-21
Federal Court of Appeal DecisionsIn the alternative, the respondents contended that the terms of the Request for SOQ and RFP extended an implied contractual duty of fairness to them. [...] ... [66] In fact, the trial judge even acknowledged in Design Services at para. 15: "At both the SOQ and RFP stages, PWGSC had no direct dealings with any of the plaintiffs." [...] Finally, we note that Desjardins J.A. relied on two cases to support the view that a duty to treat all bidders fairly and equally has been recognized in the context of tort claims.
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9,981.
Canada v. Prentice - 2005 FCA 395 - 2005-11-28
Federal Court of Appeal DecisionsThey find their meaning in the cases and traditions that have long detailed the basic norms for how the state deals with its citizens. [...] However, in the event that the respondent has breached the appellants' rights that are guaranteed by this section, it is far from certain that section 9 of the Act can be relied upon to exclude a fair and appropriate remedy in keeping with the circumstances. [...] It is up to the judge responsible for applying subsection 24(1) of the Charter, to assess whether the pension that might be awarded is appropriate and fair in regard to the circumstances, or if it would be appropriate to add further compensation.
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9,982.
Canada (Attorney General) v. H.J. Heinz Co. of Canada Ltd. - 2004 FCA 171 - 2004-04-30
Federal Court of Appeal Decisions(2) Dans les cas où, à son avis, il existe des éléments de preuve touchant la perpétration d'infractions fédérales ou provinciales par un cadre ou employé d'une institution fédérale, la Cour peut faire part à l'autorité compétente des renseignements qu'elle détient à cet égard. [...] [20] The appellant further submits that limiting the participation of third parties to matters falling within subsection 20(1) is a question of fairness: otherwise, there would be two classes of third parties, i.e. those receiving notice under sections 27 and 28, who would be afforded the opportunity of raising section 20 [...] [49] Consequently, although the issue raised before this Court in Siemens and before us was not raised before McKeown J. and, thus, he did not deal with that issue, the effect of his decision was that Siemens, a third party as defined in the Act, could, on a section 44 application, raise exemptions other than those found in
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9,983.
First Green Park Pty. Ltd. v. Canada (Attorney General) - 1997-03-05
Federal Court Decisions2. Did the Commissioner of Patents' failure to give notice of the deemed abandonment constitute a violation of the rules of natural justice and fairness? [...] A fair and liberal interpretation of Patent Rule 139, Article 48 (2) of the PCT and section 82bis.1 and 2 of the Regulations under the PCT confirms that such discretionary power resided with the Commissioner. [...] Finally, the respondent submits that it is acceptable to set limits to an applicant's rights to a fair hearing in accordance with the principles of fundamental justice.
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9,984.
Chad v. The Queen - 2021 TCC 45 - 2021-07-29
Tax Court of Canada Judgments(iv) contained conclusions of fact and mixed fact and law dealing with the ultimate issue before this Court. [...] Such an analysis is necessary, in any event, in order to deal with the Motion to strike out paragraph 5.1 and subparagraph 5.2(b) of the Second Amended Reply. [...] Balancing judicial finality, prudent use of judicial resources and fairness to the parties, the doctrine stipulates that a party may not relitigate an issue that was finally decided in a prior judicial proceeding between the same parties or those who stand in their places.
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9,985.
Rovi Guides, Inc. v. BCE Inc. - 2022 FC 979 - 2022-06-30
Federal Court DecisionsI doubt very much that the issues raised today by the defendant in this appeal truly deal with a pure question of law or an extricable legal principle at issue. [...] (d) may prejudice or delay the fair trial of the action, d) qu’il risque de nuire à l’instruction équitable de l’action ou de la retarder; [...] [40] With respect, this is a summary paragraph dealing with both issues, striking and particulars.
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9,986.
Misdzi Yikh v. Canada - 2020 FC 1059 - 2020-11-16
Federal Court DecisionsFurther, the decisions deal with the lawfulness of the orders regarding the BIOT, and not with a positive duty to legislate. [...] [46] These are cases which deal with the Charter, not POGG; but the arguments transfer to the current argument of the Dini Ze’. [...] [48] Though the Dini Ze’ argued the sections of the Charter separately regarding justiciability, I will deal with them together.
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9,987.
Express Gold Refining Ltd. v. Canada (National Revenue) - 2020 FC 614 - 2020-05-12
Federal Court Decisions[8] In addition, the CRA has had ongoing and regular interactions with the Applicant regarding its dealings with third parties in the scrap gold industry. [...] [80] This was the basis for denying mandamus in Madore, which involved an application to force the CRA to deal with the taxpayer’s objection to his Notice of Assessment. [...] [101] It is not necessary to deal with the Respondent’s motion to strike all or portions of the supporting affidavit filed by the Applicant.
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9,988.
Canada (National Revenue) v. Amdocs Canadian Managed Services Inc. - 2015 FC 1234 - 2015-10-30
Federal Court DecisionsAlso included was an explanation that two of the requested entities were not included as one is not a separate legal entity (Amdocs Development, Guernsey) and one has had very minor dealings with ACMS (Amdocs UK Ltd); [...] Counsel for ACMS proposed that this hearing be deferred until ACMS had been given fair opportunity to consider and respond to the forthcoming clarification query. [...] In this case, we are dealing with the management fees charged by Amdocs Management Ltd to ACMS. The approach used is set out in a letter of July 10, 2015 from Amdocs Management Ltd:
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9,989.
Ching v. Canada (Citizenship and Immigration) - 2015 FC 860 - 2015-07-15
Federal Court Decisions[9] The allegations against the applicant stem from a real estate development deal in Beijing about which the Chinese authorities claim an embezzlement of RMB ¥ 5 350 000 resulted. [...] In essence, the evidence of Dr. Yang, presented before the IAD, deals principally with the allegation of forced confessions made by Wang and the broker. [...] Prothonotary Lafrenière issued an order of fairly limited scope. Counsel for the applicant did not appeal Prothonotary Lafrenière’s order.
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9,990.
Federation of Newfoundland Indians v. Canada - 2011 FC 683 - 2011-06-14
Federal Court DecisionsRule114, dealing with representative proceedings, was repealed in 2002 but reinstated in 2007. [...] The basis for the order is the parties' agreement, not a judge's determination of what is fair and reasonable in the circumstances. [...] The many cases in the law report dealing with settlement releases may seem to have sharp edges but their thrust is that absent fraud, overreaching or some similar equitable consideration, the release must be given its due.
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9,991.
Real Estate Council of Alberta v. M.N.R. - 2011 TCC 5 - 2011-01-05
Tax Court of Canada Judgments[10] There is no minimum number of committee meetings required except for Finance which must deal with a budget. [...] [18] Counsel for the Appellant submitted the Income Tax Act (the “Act”) deals only with the end result after income has been earned and – obviously – is ascertainable at some point at or following the end of a taxation year. [...] Counsel referred to a case where there was an hourly rate in effect and calculation should have been fairly easy to accomplish but it was held that the remuneration was not fixed or ascertainable.
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9,992.
Public Service Alliance of Canada v. Canadian Federal Pilots Association and Attorney General of Canada - 2009 FCA 223 - 2009-07-02
Federal Court of Appeal DecisionsThese reasons deal with both applications and a copy will be inserted in both Court files (A-375-08 and A-383-08). [...] b) faire l’objet d’un recours judiciaire, notamment par voie d’injonction, de certiorari, de prohibition ou de quo warranto. [...] [20] The Board’s decision was rendered in response to an application by CFPA under section 58 of the PSLRA. However, section 57, which deals with the certification of bargaining units, is also relevant, as is section 70, which deals with post-certification reviews of the appropriateness of the bargaining units previously
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9,993.
Copthorne Holdings Ltd v. The Queen - 2007 TCC 481 - 2007-08-28
Tax Court of Canada JudgmentsI am dealing with a total PUC of $164,138,025 belonging to Copthorne III, and associated with Class D preference shares. [...] The common shares of VHHC Holdings were sold for $1,000, which was the estimated fair market value of these shares (JSF, paragraph 37). [...] It is a detailed provision dealing with the continuity of surplus accounts, reserves, costs and other financial aspects of the predecessor corporations.
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9,994.
Coastal Culture Inc. v. Wood Wheeler Inc. - 2007 FC 472 - 2007-05-02
Federal Court DecisionsThe Registrar’s decision was appealed to the Federal Court, and the trial Judge did not deal with the issue of the insufficiency of the pleadings. [...] [58] Because of my finding on this issue, I need not deal with the other issues. [...] a) soumet au registraire, par voie d'affidavit ou de déclaration solennelle ou conformément à l'article 54 de la Loi, la preuve sur laquelle il s'appuie ou une déclaration énonçant son désir de ne pas le faire;
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9,995.
Rondeau v. The Queen - 2004 TCC 321 - 2004-05-05
Tax Court of Canada Judgments(C) the fair market value of the share is nil, and (D) it is reasonable to expect that the corporation will be dissolved or wound up and will not commence to carry on business [...] (ii) to a person with whom the taxpayer was dealing at arm's length of any property that is [...] (iv) a debt owing to the taxpayer by a Canadian-controlled private corporation (other than, where the taxpayer is a corporation, a debt owing to it by a corporation with which it does not deal at arm's length) that is
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9,996.
Thomas v. Canada (Attorney General) - 2024 FC 655 - 2024-05-09
Federal Court DecisionsThe MGERC also provides the CDS with systemic recommendations, such as measures to increase fairness and transparency in the grievance process. [...] [29] In Vaughan, the Supreme Court held that while courts generally should defer to any legislative schemes that exist to deal with employment-related disputes, they nonetheless retain residual jurisdiction that may be exercised where the legislated process does not provide effective redress: Vaughan at paras 18–25. [...] (i) would fairly and adequately represent the interests of the class,
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9,997.
Indusol Industrial Control Ltd. v. The Queen - 2020 TCC 103 - 2020-09-14
Tax Court of Canada JudgmentsAs such the legislation dealing with such incentives must be given ‘such fair, large and liberal construction and interpretation as best ensures the attainment of its objects’”. [...] However, for the reasons explained below in the section dealing with the third criterion, I am not convinced that Indusol conducted a methodical and systematic testing of the hypotheses. [...] [148] As indicated above, SR&ED tax incentive provisions should be given a fair, large and liberal construction and interpretation.
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9,998.
Natco Pharma (Canada) Inc. v. Canada (Health) - 2020 FC 788 - 2020-07-24
Federal Court Decisions[73] Nonetheless, I am satisfied this passage is fairly read as Health Canada making the determination that Natco’s ANDS indirectly compared its drug to GENVOYA. I say this for three reasons. [...] While the distinction may admittedly be fine at times, I am satisfied Health Canada’s reasons are fairly characterized as the Attorney General proposed. [...] A new subsection 5(1.1) had been introduced to deal with this issue, but ultimately the Federal Court of Appeal determined that section 5(1) captured the situation: Merck & Co, Inc v Canada (Attorney General), 2000 CanLII 15094, 5 CPR (4th) 138 (FCA) at paras 30–37.
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9,999.
Tsleil-Waututh Nation v. Canada (Attorney General) - 2017 FCA 128 - 2017-06-16
Federal Court of Appeal DecisionsAs the decision of the Court will deal only with the grounds of review invoked by the respondent, the relevance of the documents requested must necessarily be determined in relation to the grounds of review set forth in the originating notice of motion and the affidavit filed by the respondent. [...] [117] The Tsleil-Waututh Nation submits that materials other than those before the administrative decision-maker may be considered relevant and producible under Rule 317 where it is alleged the decision-maker breached procedural fairness. [...] AND WHEREAS it is appropriate that this Court issue an order to ensure that these proceedings are conducted in an orderly, fair and prompt manner;
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10,000.
Sambaa K'e Dene First Nation v. Duncan - 2012 FC 204 - 2012-02-10
Federal Court DecisionsIt is not based on the common law duty of fairness, however. Rather, it is a duty based on “a process of fair dealing and reconciliation that begins with the assertion of sovereignty and continues beyond formal claims resolution”: Haida Nation, above at para. 32. [...] [136] In fairness, regard must be had to the entirety of Ms. Pound’s answer. [...] [193] The SKDB and NBDB have provided Canada with a great deal of historical and other material supporting their respective claims and have clearly articulated these claims.