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Sun v. Canada (Citizenship and Immigration) - 2012 FC 206 - 2012-02-13

IRPA. I am in agreement with the view expressed by Justice Kelen at paragraph 38 of his reasons in de Guzman, above, that "The objective of family reunification does not override, outweigh, supersede or trump the basic requirement that the immigration law must be respected, and administered in an orderly and fair manner."   [...]  [40] In Newfoundland and Labrador Nurses’ Union, above, at paragraphs 12 to 18, the Supreme Court of Canada recently provided guidance for dealing with the adequacy of reasons of administrative tribunals:   [...]  See also David Mullan, “Dunsmuir v. New Brunswick, Standard of Review and Procedural Fairness for Public Servants: Let’s Try Again!

Lumayno v. Canada (Citizenship and Immigration) - 2009 FC 765 - 2009-07-27

The Applicant stayed with her aunt in Thornhill, Ontario and, after a few days of dealing with the shock, went to the agency to discuss other job options.   [...]  199. L’étranger peut faire une demande de permis de travail après son entrée au Canada dans les cas suivants :   [...]  d) l’étranger cherche à entrer au Canada et à faire partie de la catégorie des aides familiaux, à moins qu’il ne se conforme à l’article 112;

Pharmascience Inc. v. Canada (Attorney General) - 2007 FC 1323 - 2007-12-14

In my view, discretion of this sort warrants judicial deference that recognizes the special expertise and responsibilities of the Minister and his advisers within HPH (Health Protection Branch) who must deal with numerous applications for approval of new drugs ... it is now accepted that a court will intervene only where   [...]  Is that fair to say? A. That’s fair to say. [27] Further, in relation to the safety of component Y, the applicant submits that Ms. Cockell’s testimony is consistent with:

Canada v. Tsiaprailis - 2003 FCA 136 - 2003-03-17

It seems to me that a fair characterization of the position taken by the majority of the judges of the Tax Court is that a settlement of all claims arising under a disability insurance policy in return for the payment of a global amount does not create liability for tax under paragraph 6(1)(f) of the Act because:   [...]  [33] Second, Pelletier J.A. relies on The Queen v. Manley, [1985] 2 F.C. 208 (C.A.), to deal with this last point.   [...]  In a scheme as complex as the Income Tax Act, fairness may be too elusive and multifaceted a concept to justify a court's adopting an interpretation or application of particular provisions of the Act that does not sit comfortably with the language that Parliament has selected to convey its meaning and ignores the legal

Sunderland v. Toronto Regional Real Estate Board - 2023 FC 1293 - 2023-09-25

In addition, they do not provide enough facts or particulars to ensure that the trial proceedings will be “both manageable and fair”: see paragraph 49 above.   [...]  (a) to limit unduly the facilities for transporting, producing, manufacturing, supplying, storing or dealing in any product,   [...]  [5] Part VI of the Competition Act deals with criminal matters.

Alliance For Life v. Canada (Minister of National Revenue) - 1999-05-05

a) s"adresse par écrit au ministre, en vue de faire révoquer son enregistrement;   [...]  Procedural fairness The appellant submits that the respondent was under a duty to act fairly in the process by which it determined to revoke the appellant"s registration and that such fairness was denied.   [...]  It is a part of the rules of procedural fairness which can govern administrative bodies.

Sellathurai v. Canada (Public Safety and Emergency Preparedness) - 2008 FCA 255 - 2008-09-09

In taking this position, counsel relies on a quotation from Bennett J. in R. v. Pilarinos, 2001 BCSC 1690, [2001] B.C.J. No. 2540, at paragraph 143, dealing with proof of a reasonable apprehension of bias:   [...]  It seems clear from a fair reading of the record that what the Minister actually did was to insist upon proof of the legitimacy of the source of the funds as a condition of exercising his discretion in favour of Mr. Sellathurai.   [...]  [49] Where the Minister repeatedly asks for proof that the seized currency has a legitimate source, as he did in this case, it is a fair conclusion that he made his decision on the basis of the applicant's evidence on that issue.

Bristol-Myers Squibb Canada Co. v. Apotex Inc. - 2009 FC 137 - 2009-02-10

Example X deals with preparation of a phosphate salt and is not of interest in this proceeding.   [...]  Examples XI and XII are of interest as they deal with preparation of the dihydrochloride monohydrate salt.   [...]  [174] Double patenting only applies when dealing with the same person getting two or more patents.

Akme Poultry, Butter & Eggs Distributors Inc v. Canada (Public Safety and Emergency Preparedness) - 2023 FC 1368 - 2023-10-13

Nor did Akme produce its books and records, although in fairness it may not have been clear to Akme whether, in “requiring access”, the CBSA was actually making a demand for production of the books and records in its May 2020 decision.   [...]  However, given my decision regarding the paucity of the Officer’s engagement with, and the Officer’s lack of responsiveness to, the central issues raised by the company in its submissions, I do not see it necessary to deal with those other issues.   [...]  In addition, Akme argues that sections 42 and 43—provisions which the Minister accepts relate to his audit powers—are also of little assistance, as we are not dealing here with a situation where the Minister is auditing Akme and compelling production of documents and records in support thereof.

Pfizer Canada Inc. v. Canada (Minister of Health) - 2005 FC 1725 - 2005-12-20

If he uses language which, when fairly read, is avoidably obscure or ambiguous, the Patent is invalid, whether the defect be due to design, or to carelessness or to want of skill.   [...]  In Western Electric Co. v. Baldwin International Radio of Canada, [1934] S.C.R. 570, the Court cited earlier authority dealing with the word "conduit" as used in a patent claim.   [...]  The public is [page1054] entitled to rely on the words used provided the words used are interpreted fairly and knowledgeably.

Nagalingam v. Canada (Citizenship and Immigration) - 2012 FC 176 - 2012-02-08

1) Whether the Delegate breached his right to procedural fairness by:   [...]  [160] One of the fundamental principles of administrative law is procedural fairness.   [...]  [164] In the present case, of course, we are not dealing with criminal procedure and the full panoply of safeguards devised to ensure that guilt is established beyond reasonable doubt.

Sealand Marine Electronics Sales and Services Ltd. v. M/V Inuksuk I (Ship) - 2021 FC 887 - 2021-08-26

We have to ask ourselves: what should we do now so as to ensure fair dealing between the parties? . . .   [...]  (1) No corporation and no guarantor of an obligation of a corporation may assert against a person dealing with the corporation or against a person who acquired rights from the corporation that   [...]  (1) No corporation, no guarantor of an obligation of a corporation and, in Quebec, no surety may assert against a person dealing with the corporation or against a person who acquired rights from the corporation that

Canadian Tobacco Manufacturers' Council v. Canada (Minister of National Revenue) - 2003 FC 1037 - 2003-09-08

[27] The Applicants submit that only section 4 and appendix D of the B Report deal with the subject of tobacco package markings.   [...]  (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.   [...]  [81] To begin with, the Applicants point out that only a small part of Report B (the section dealing with Tobacco Package Markings and Appendix D) is even relevant to Mr. Cunningham's request.