11,309 result(s)
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10,101.
Sun v. Canada (Citizenship and Immigration) - 2012 FC 206 - 2012-02-13
Federal Court DecisionsIRPA. 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!
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10,102.
Sochatsky v. The Queen - 2011 TCC 41 - 2011-01-23
Tax Court of Canada Judgments[17] It is also worth noting that there is a great deal with respect to which the appellant did not testify. [...] . . . It seems to me, however, that when the doctrine of “constructive receipt” is not clearly involved, because the taxpayer had no entitlement to the payment being made or the property being transferred, it is fair to infer that subsection 56(2) may receive application only if the benefit conferred is not directly taxable [...] [31] Generally, where a party has been taken by surprise with respect to an issue, as is the case here, either the party should be allowed to undertake further discovery and to lead new evidence if it wishes to do so, or the issue should not be pursued, depending on considerations of cost, convenience and fairness,
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10,103.
Lumayno v. Canada (Citizenship and Immigration) - 2009 FC 765 - 2009-07-27
Federal Court DecisionsThe 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;
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10,104.
Fort McKay First Nation v. Laurent - 2009 FCA 235 - 2009-07-23
Federal Court of Appeal Decisions31. I find it is fair to say that the creation of s. 106.1 at some time during the consultative process leading up to the referendum vote is evidence of the high importance given by the Fort McKay First Nation electors to the changes to the governance custom of the Fort McKay First Nation, including the qualifications [...] [45] In my view, the members of Fort McKay First Nation are entitled to expect that information sent to them regarding the affairs of the band is fairly presented, reasonably accurate, and not misleading. [...] Justice Campbell did not consider it necessary to deal with Mr. Laurent’s Charter arguments, and so we do not have the benefit of his analysis.
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10,105.
Pharmascience Inc. v. Canada (Attorney General) - 2007 FC 1323 - 2007-12-14
Federal Court DecisionsIn 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:
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10,106.
See You In – Canadian Athletes Fund Corporation v. Canadian Olympic Committee - 2007 FC 406 - 2007-04-18
Federal Court DecisionsAt the most, the Court suggested that such evidence would be admissible on issues of procedural fairness and jurisdiction with leave of the Court. [...] However, the parties proceeded without reservation to deal with the affidavit evidence of the Respondent. [...] 3. Une marque de commerce est réputée avoir été adoptée par une personne, lorsque cette personne ou son prédécesseur en titre a commencé à l’employer au Canada ou à l’y faire connaître, ou, si la personne ou le prédécesseur en question ne l’avait pas antérieurement ainsi employée ou fait connaître, lorsque l’un d’eux a
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10,107.
Canada v. Tsiaprailis - 2003 FCA 136 - 2003-03-17
Federal Court of Appeal DecisionsIt 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
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10,108.
Hudon v. Canada - 2001 FCA 320 - 2001-10-29
Federal Court of Appeal Decisions(c) throughout that part of the 24 months immediately preceding the determination time while it was owned by the individual or a person or partnership related to the individual, was a share of the capital stock of a Canadian-controlled private corporation more than 50% of the fair market value of the assets of which was [...] - "small business corporation" at any particular time means a particular corporation that is a Canadian-controlled private corporation all or substantially all of the fair market value of the assets of which at that time was attributable to assets that were [...] [64] Again, in Bowater Power Company Limited v. Minister of National Revenue (71 D.T.C. 5469 at 5481), a case dealing also with deductible business expenses and capital outlay, Noël, A.C.J. stated:
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10,109.
Sunderland v. Toronto Regional Real Estate Board - 2023 FC 1293 - 2023-09-25
Federal Court DecisionsIn 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.
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10,110.
Ital-Press Ltd. v. Sicoli - 1999-05-31
Federal Court Decisions[46] Earlier in these reasons, I engaged in a fairly lengthy description of the appearance and the content of the Guidas and the Directories. [...] a) faire une déclaration fausse ou trompeuse tendant à discréditer l'entreprise, les marchandises ou les services d'un concurrent; [...] c) faire passer d'autres marchandises ou services pour ceux qui sont commandés ou demandés;
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10,111.
Alliance For Life v. Canada (Minister of National Revenue) - 1999-05-05
Federal Court of Appeal Decisionsa) 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.
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10,112.
Potash Corporation of Saskatchewan Inc. v. The Queen - 2022 TCC 75 - 2022-07-07
Tax Court of Canada JudgmentsSubsection 2(3) ensures that the words “sold or otherwise disposed of” encompass every way in which a producer may ultimately deal with potash mined and produced in Saskatchewan. [...] (vi) an amount equal to the fair market value of an asset disposed of, where the disposition is made: [...] (A) by a producer to a person with whom the producer is not dealing with at arm’s length at the time of the disposition;
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10,113.
Sellathurai v. Canada (Public Safety and Emergency Preparedness) - 2008 FCA 255 - 2008-09-09
Federal Court of Appeal DecisionsIn 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.
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10,114.
Kirkbi AG v. Ritvik Holdings Inc. - 2002 FCT 585 - 2002-05-24
Federal Court Decisions[23] While the foregoing statement of issues is admirable for its brevity and simplicity it belies the complexity of the arguments relating to contravention of paragraph 7(b) of the Act. In my analysis, I will deal separately with the various elements of that issue. [...] [159] While I am satisfied that the cause of action here is a statutory tort and that therefore the foregoing reasoning applies, we are not here dealing with "...the particular question of prescription in actions against the Crown." [...] In the circumstances, I decline to deal in a more formal way with the objection of counsel for the plaintiffs.
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10,115.
Bristol-Myers Squibb Canada Co. v. Apotex Inc. - 2009 FC 137 - 2009-02-10
Federal Court DecisionsExample 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.
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10,116.
Brink’s Global Services Korea Ltd. v. Woowon Sea & Air Co. Ltd. - 2022 FC 1512 - 2022-11-07
Federal Court Decisionsf) une demande d’indemnisation, fondée sur une convention relative au transport par navire de marchandises couvertes par un connaissement direct ou devant en faire l’objet, pour la perte ou l’avarie de marchandises en cours de route; [...] This is because among other things, “Prothonotaries deal with an extraordinary volume of procedural issues” (Novopharm Ltd v Nycomed Canada Inc, 2011 FC 109 [per Mandamin J] at para 22 [Novopharm]). [...] f) une demande d’indemnisation, fondée sur une convention relative au transport par navire de marchandises couvertes par un connaissement direct ou devant en faire l’objet, pour la perte ou l’avarie de marchandises en cours de route;
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10,117.
Akme Poultry, Butter & Eggs Distributors Inc v. Canada (Public Safety and Emergency Preparedness) - 2023 FC 1368 - 2023-10-13
Federal Court DecisionsNor 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.
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10,118.
Almrei v. Canada (Minister of Citizenship and Immigration) - 2004 FC 420 - 2004-03-19
Federal Court DecisionsThe commodity in which such a service deals is secret and confidential information. [...] [99] The evidence before the Court, both public and secret, deals essentially with whether Mr. Almrei poses a danger to national security as opposed to a danger to the safety of any person. [...] The Supreme Court stated that while the phrase must be given "...a fair, large and liberal interpretation, it nevertheless demands proof of a potentially serious threat."
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10,119.
Pfizer Canada Inc. v. Canada (Minister of Health) - 2005 FC 1725 - 2005-12-20
Federal Court DecisionsIf 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.
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10,120.
Canada (Attorney General) v. Kempo - 2004 FC 1678 - 2004-11-30
Federal Court DecisionsIt is the very essence of any judicial system deserving of public confidence that, above all else, every litigant be given a fair chance and be seen to have been given it. [...] [122] In making this observation, I have in mind the motions judge dealing with summary dismissal need not be a designated judge of this Court and in many cases may well be a judge of the superior court of a Province or Territory and would have, if the order requested is made, access to the redacted materials but the [...] [123] Again, this point was not argued and, in fairness, the parties should have an opportunity to address the Court’s concerns.
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10,121.
Nagalingam v. Canada (Citizenship and Immigration) - 2012 FC 176 - 2012-02-08
Federal Court Decisions1) 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.
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10,122.
Bell Media Inc. v. Macciacchera (Smoothstreams.tv) - 2023 FC 801 - 2023-06-07
Federal Court DecisionsI have to phone around now and get an IP lawyer to deal with you”: Exhibit P-6, Video #9, at 00:53. [...] I have to call around now to get an IP lawyer to deal with this. [Emphasis added.] [...] “ ... setting out the procedure for dealing with solicitor-client privilege or other confidential information ... with a view to enabling defendants to advance claims of confidentiality over documents before they come into the possession of the plaintiff or its counsel, or to deal with disputes that arise.”
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10,123.
Sealand Marine Electronics Sales and Services Ltd. v. M/V Inuksuk I (Ship) - 2021 FC 887 - 2021-08-26
Federal Court DecisionsWe 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
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10,124.
Canada (Attorney General) v. Northrop Grumman Corporation - 2008 FCA 187 - 2008-05-22
Federal Court of Appeal Decisions[2] The application before this Court deals only with the issue of whether the CITT had jurisdiction to hear the complaint. [...] To put it plainly and simply, they refer to a public deal or contract done in Canada which involves the Canadian Government in this case. [...] [109] Finally, this matter involves an issue of fairness, efficiency and costs.
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10,125.
Canadian Tobacco Manufacturers' Council v. Canada (Minister of National Revenue) - 2003 FC 1037 - 2003-09-08
Federal Court Decisions[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.