11,309 result(s)
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10,026.
Angelcare Development Inc. v. Munchkin, Inc. - 2018 FC 447 - 2018-04-24
Federal Court Decisionsthe salutary effects of the confidentiality order, including the effects on the right of civil litigants to a fair trial, outweigh its deleterious effects, including the effects on the right to free expression, which includes the public interest in open and accessible court proceedings (Sierra Club at paras 53, 58, 69). [...] [24] There is little case law that explicitly deals with the issue of preventing disclosure of commercially sensitive and confidential information to the receiving party’s in-house counsel.
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10,027.
Ahmad v. The Queen - 2017 TCC 195 - 2017-09-29
Tax Court of Canada JudgmentsThe Appellant asserted that there had been an amending agreement to deal with that. [...] Therefore, in fairness to the self-represented Appellant who had no notice of this argument from the Respondent’s pleadings, I decline to entertain the submission.
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10,028.
Tovar v. Canada (Citizenship and Immigration) - 2016 FC 598 - 2016-05-30
Federal Court DecisionsMoreover, the RPD benefits from the specialized knowledge of its members in assessing evidence that deals with facts related to their field of expertise (El-Khatib v. Canada (Citizenship and Immigration), 2016 FC 471 at paragraph 6). [...] According to Ms. Tovar, Le Singe had been fairly insistent in April 2013 and had contacted her repeatedly over a very short period of time.
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10,029.
Suncor Energy Inc. v. The Queen - 2015 TCC 210 - 2015-11-16
Tax Court of Canada JudgmentsAlthough Rule 58 contemplates questions of fact and of mixed law and fact, the determination of such questions is very much like a trial, except that an actual trial has the benefits of a fair hearing with evidentiary protections. [...] The Respondent’s third question and the Appellant’s question deal with whether the denominator should be the entire PCC or merely 50% of the PCC; the Respondent’s question 4(i) asks whether the numerator should be Petro-Canada’s entire business use or merely 50% of it.
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10,030.
Transport Réal Ménard inc. v. Ménard - 2015 FC 616 - 2015-05-11
Federal Court DecisionsThe tension was such that, in October 2009, the respondent asked the President and owner of the applicant, Réal Ménard, if he could stop dealing with Ms. Young, insofar as possible. [...] [12] With respect to the reinstatement order, the applicant also maintains that the Adjudicator exceeded his jurisdiction, thereby breaching the rules of procedural fairness, because the respondent, in his written communications with the Adjudicator, allegedly expressly waived his right to such a remedy.
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10,031.
4453761 Manitoba Ltd. v. M.N.R. - 2014 TCC 321 - 2014-10-28
Tax Court of Canada JudgmentsThe parties’ dealings provide the practical objective reality against which the agreement is to be measured: 1392644 Ontario Inc. o/a Connor Homes v the Minister of National Revenue, 2013 FCA 85 at paragraphs 39 and 40. [...] d) in any case, subsection 27(3) of the Rules ought to apply and allow this Court, on the basis of fairness and the Court’s own inherent jurisdiction to govern its own process, to conclude that the 445 Decision Letter was never sent.
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10,032.
Capa v. Canada (Citizenship and Immigration) - 2014 FC 648 - 2014-07-03
Federal Court DecisionsGiven the apparently conflicting narrative that Aleti was obsessively stalking Ms Capa and continually demanding that she agree to be re-engaged with him, it was fair to impose a requirement on the applicants to provide detailed evidence explaining how in a small geographic region the applicants were able to live together [...] In the present case, both personal and country documentation corroborated the applicants’ story and yet the member did not deal with this documentary evidence.
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10,033.
Ménard v. Canada (Attorney General) - 2014 FC 260 - 2014-03-17
Federal Court Decisions(2) Sous réserve du paragraphe (3), cette personne ou cet organisme doit, dès que sa decisionest rendue, faire connaître au délinquant qui y a droit au titre de la présente partie ou des règlements les renseignements pris en compte dans la décision, ou un sommaire de ceux-ci. [...] The CSC is not required to obtain information from the SQ to support the references it made in his referral sheets to the information from the SQ dealing with the applicant’s affiliation with the Hell’s Angels.
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10,034.
Tan Gatue v. Canada (Citizenship and Immigration) - 2012 FC 730 - 2012-06-12
Federal Court Decisionsa) directement ou indirectement, faire une présentation erronée sur un fait important quant à un objet pertinent, ou une réticence sur ce fait, ce qui entraîne ou risque d’entraîner une erreur dans l’application de la présente loi; [...] [33] Rather, the Court finds that, on the basis of the evidence on record, the applicants were not forthright in their dealings with immigration authorities and thereby did not fulfill their “duty of candour”.
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10,035.
Said v. Canada (Citizenship and Immigration) - 2011 FC 1245 - 2011-11-01
Federal Court Decisions[26] The Applicant also says that, had the Officer complied with the rules of procedural fairness, she would have found he was a member of the Spouse in Canada class. [...] He does not explain what the best interests of the children or other H&C factors have to do with a decision under subsection 124 of the Regulations that deals with whether the Applicant has established that he has an interdependent relationship with his Sponsor and cohabitates with her.
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10,036.
Dupuis v. Human Resources - 2011 TCC 485 - 2011-10-18
Tax Court of Canada Judgments[23] In the current appeal, the Court does not have to interpret whether the permanent partial disability amount the Appellant receives from the CSST is covered by the generality of paragraph 3(a) of the ITA; as the Respondent has pointed out, the ITA includes a specific provision at paragraph 56(1)(v) that deals with [...] It is not open to the Court to make exceptions to statutory provisions on the grounds of fairness or equity.
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10,037.
Land and Sea Enterprises Ltd. v. The Queen - 2011 TCC 101 - 2011-02-16
Tax Court of Canada JudgmentsEach case turns on its own facts, but where a taxpayer has taken significant and essential steps that are necessary to the carrying on of the business it is fair to conclude that the business has started.... [...] Mr. Johnston has a good deal of previous business experience. The Appellant was first incorporated as Troy Construction Ltd. in 1991.
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10,038.
Dundurn Street Lofts Inc. v. The Queen - 2010 TCC 553 - 2010-10-28
Tax Court of Canada JudgmentsShe told the jury that the amount of the fraudulent refunds, if the jury found the claims were fraudulent, was "a matter of law for me to deal with". [...] [25] In terms of fairness, the Appellants argue that the application of the doctrine of issue estoppel to the extent of $702,646 would be unfair to them because they did not have the opportunity to contest the quantum.
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10,039.
Connolly v. The Queen - 2010 TCC 231 - 2010-04-30
Tax Court of Canada Judgments[19] The definition of eligible individual looks to the caregiver at a particular point in time; namely, the first day of the month and the person who is the caregiver at that point in time gets the whole month’s benefit.[7] One can resolve this appeal to meet the Appellant’s sense of what is “fair” if she is an eligible [...] [30] Indeed, I tend to believe that a liberal construction of the subject provisions is being given effect in order to allow a result that best deals with this sensitive area affecting children from broken homes.
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10,040.
Shpati v. Canada (Public Safety and Emergency Preparedness) - 2010 FC 367 - 2010-04-07
Federal Court Decisions[14] The process undergone by Mr. Shpati is fairly typical of that undergone by refugee claimants who are not suspected of being inadmissible due to serious criminality or other grounds. [...] Section 112 of IRPA, in Division 3 thereof, which deals with pre-removal risk assessments, provides that “...a person in Canada ... may apply to the Minister for protection...”
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10,041.
L'Écuyer v. Canada - 2009 FC 541 - 2009-05-28
Federal Court DecisionsIn conducting my own analysis of the evidence submitted by Mr. L’Écuyer, I have reached the same conclusion as the RCMP. It should be noted that the agencies dealing with the access to information requests all categorically stated that there was no file on Mr. L’Écuyer. [...] 4. (1) Sous réserve des autres dispositions de la présente loi mais nonobstant toute autre loi fédérale, ont droit à l’accès aux documents relevant d’une institution fédérale et peuvent se les faire communiquer sur demande:
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10,042.
Jakhu v. Canada (Citizenship and Immigration) - 2009 FC 159 - 2009-02-13
Federal Court Decisions[16] Counsel for the applicant has raised five separate arguments dealing with various aspects of the PRRA officer’s decision. [...] Once again, a careful reading of that documentation, and in particular of the U.S Department of State Country Reports on Human Rights Practices and of the Home Office (U.K.) Operational Guidance Note for the year 2007 has persuaded me that the officer’s analysis of the situation is fair and balanced, and accurately reflects
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10,043.
Lakhani v. Canada (Citizenship and Immigration) - 2008 FC 656 - 2008-05-26
Federal Court Decisions[...] Or, la demanderesse ne soumet aucune preuve démontrant qu’elle a demandé la protection des autorités de son pays ou qu’elle n’a pu le faire ou qu’elle ne pourrait recourir è cette protection dans le futur. [...] [...] [41] As such, I am of the opinion that her analysis corresponds with the Federal Court of Appeal's decision in Rajudeen v. Canada (Minister of Employment and Immigration), [1984] F.C.J. No. 601 (QL) (Rajudeen), the leading case dealing with the notion of persecution under the Act in terms of refugee status under the
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10,044.
Canada (Public Safety and Emergency Preparedness) v. Cortez Muro - 2008 FC 566 - 2008-05-01
Federal Court DecisionsHowever, the Board did not lose its way in dealing with the important subject matter. [...] [30] With the Supreme Court of Canada’s decision in Dunsmuir v. New Brunswick, 2008 SCC 9, the Court has clarified that there are only two standards of review - reasonableness regarding issues of fact and mixed fact and law and correctness on issues of law and procedural fairness.
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10,045.
Eli Lilly and Company v. Apotex Inc. - 2007 FC 1041 - 2007-10-10
Federal Court DecisionsBartlett does not address whether other experts to deal with the competition law issues are necessary. [...] The appropriate consideration is whether taken as a whole, does the case which a party has to present or to meet fairly require more than five (5) experts.
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10,046.
Haché v. Canada (Fisheries and Oceans) - 2006 FC 940 - 2006-08-01
Federal Court DecisionsAfter having heard the parties on this application, I reached the conclusion that a postponement was appropriate in the circumstances, out of fairness, but that it was not appropriate to postpone the hearing to the fall as Ms. Sivret had requested. [...] In fact, this case is similar to the scenario my colleague Madam Justice Heneghan had to deal with in Tucker v. Canada, 2004 FC 1729.
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10,047.
Thambiturai v. Canada (Solicitor General) - 2006 FC 750 - 2006-06-20
Federal Court DecisionsThese documents indicate that the latter was arrested in Paris on February 16, 1988 with other people in a deliberate act of trying to deal 720 grams and 560 grams of heroin. [...] a) directement ou indirectement, faire une présentation erronée sur un fait important quant à un objet pertinent, ou une réticence sur ce fait, ce qui entraîne ou risque d'entraîner une erreur dans l'application de la présente loi;
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10,048.
Front Carriers Ltd. v. Atlantic & Orient Shipping Corporation - 2006 FC 18 - 2006-01-11
Federal Court Decisions2. The plaintiff should give particulars of his claim against the defendant, stating the ground of his claim and the amount thereof, and fairly stating the points made against it by the defendant. [...] 2. An order is granted restraining the defendant whether by themselves, their servants or agents, or any of them or otherwise, howsoever from removing from the jurisdiction or disposing of or dissipating, pledging, charging, assigning or otherwise dealing with any of the defendant's assets in Canada, including in particular
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10,049.
Canada (Minister of Citizenship and Immigration) v. Ryjkov - 2005 FC 1540 - 2005-11-16
Federal Court Decisions[16] The tribunal then turned to a consideration of the documentary evidence and referred, in particular, to a document entitled "Confessions at any Cost" published in 1999 by Human Rights Watch, which deals with police torture in Russia. [...] Those affected may [page846] be more likely to feel they were treated fairly and appropriately if reasons are given: de Smith, Woolf, & Jowell, Judicial Review of Administrative Action (5th ed. 1995), at pp. 459-60.
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10,050.
Nassr v. Tele-Mobile Company (Telus Mobility) - 2005 FC 306 - 2005-03-01
Federal Court Decisions[57] The fact that the adjudicator took the restructuring into account when assessing whether the dismissal was fair does not amount to reassessing the motivation for the dismissal of the applicant, as he argued. [...] In the case at bar we were not dealing with the same facts underlying, but with subsequent incidents of the same type.