11,309 result(s)
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10,151.
Canada v. McKinna - 2020 FC 48 - 2020-01-14
Federal Court DecisionsThe Plaintiff argues that this case should be determined by summary judgment, because the evidence needed to fairly adjudicate the matter is contained in affidavits that are before the Court, and the matter turns mainly on legal questions relating to the interpretation of the AMPA. [...] Again, I will deal with this submission briefly. The Defendant has not introduced any evidence to support this contention, and it flies in the face of the evidence and admissions on the record.
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10,152.
Canada v. Moodie - 2020 FC 46 - 2020-01-14
Federal Court DecisionsThe Plaintiff argues that this case should be determined by summary judgment, because the evidence needed to fairly adjudicate the matter is contained in the affidavits that are before the Court, and the matter turns mainly on legal questions relating to the interpretation of the AMPA. [...] I will deal with these arguments briefly. [36] The Defendants claim that the context must be considered.
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10,153.
Luciano v. Canada (Citizenship and Immigration) - 2019 FC 1557 - 2019-12-04
Federal Court DecisionsThe letters from Christine’s psychiatrist and therapist affirm that having her mother in the country would help her manage her depression, create a stable life for Zurie, and obtain a fair custody arrangement. [...] [48] The comparison between Christine—as someone with a low income who is dealing with mental illness, fighting for the custody of her child, and working full-time—with an individual who is criminally inadmissible to Canada not only borders on a repugnant and entirely inappropriate comparison between poverty and
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10,154.
Fournier v. Canada (Attorney General) - 2019 FCA 265 - 2019-10-23
Federal Court of Appeal DecisionsIt is therefore “not unlikely”, according to the Board, that the Supreme Court merely wanted to settle a particular situation fairly and give a victim of negligence the right to bring an action for damages against the Crown. [...] In accordance with Interpretation Decision I‑25, which deals with the issue of whether disability caused by inadequate medical care gives rise to pension entitlement, the Panel therefore found that Mr. Fournier had not established [translation] “that the military medical treatment deviated from or proved to be below the
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10,155.
Payette v. M.N.R. - 2019 TCC 235 - 2019-10-22
Tax Court of Canada Judgments3.3 Comply with all business and operational procedures described in the DPOA (Direction principale de l’assistance aux opérations) Guide prepared by the Federation which deals with: [...] 3.9 As required, represent the Caisses at events organized by market intermediaries and or at local housing market events (booth, trade fair, convention, etc.)
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10,156.
Wardlaw v. The Queen - 2019 TCC 199 - 2019-09-26
Tax Court of Canada Judgments[31] There is a great deal of case law about the penalty under subsection 163(2) and about what constitutes making a false statement “knowingly” or “under circumstances amounting to gross negligence”. [...] Any relevant factor may be considered and there is a fair amount of overlap in what is relevant to either standard.
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10,157.
Lin v. Canada (Public Safety and Emergency Preparedness) - 2019 FC 862 - 2019-06-26
Federal Court Decisionsadditional argument was advanced that the s 44 referral process employed against them constituted an abuse of process because the misrepresentation allegations could and should have been raised in the context of earlier admissibility hearings dealing with their residency obligations [see CTR in IMM-1061-18 at pp 755-758]. [...] This approach is consistent with the duty of procedural fairness recognized in some decisions of this Court requiring the Officer to invite submissions from the interested party.
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10,158.
Morissette v. The Queen - 2019 TCC 103 - 2019-05-28
Tax Court of Canada Judgments(a) may prejudice or delay the fair hearing of the appeal; (b) is scandalous, frivolous or vexatious; [...] [31] The respondent also cited Telus Communications (Edmonton) Inc. v. Canada, 2005 FCA 159 (Telus), in which the Federal Court of Appeal ruled that a taxpayer cannot add a cause of action or ask the Tax Court of Canada to “deal with an issue that was not properly raised in the notice of objection” (paragraph 17) which
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10,159.
Rooke v. M.N.R. - 2019 TCC 52 - 2019-03-05
Tax Court of Canada Judgments[23] Before I deal with what I consider to be the primary issue before me, which is whether the Appellant was engaged in insurable and pensionable employment, it is essential that I address one of the Appellant’s arguments, which was the use of religious beliefs to attack the credibility of a witness. [...] The efficient and fair functioning of our courts would not be well served by such a development.
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10,160.
Theaker v. Canada (Justice) - 2018 FC 662 - 2018-06-28
Federal Court DecisionsAugust 19, 2015, made pursuant to subsection 41(1) of the Canadian Human Rights Act, RSC, 1985, c H-6 [CHRA], respecting a complaint she made to the CHRC. The CHRC allowed the Applicant’s complaint to proceed in part but limited it “to deal only with the [Applicant]’s allegations dating from November 2008 to August 2010”. [...] [23] The Applicant states the grounds for her motion as: “ongoing acts of sabotage by JT against the Canadian Federal Government and myself for his own personal gain by bribing the United States Government since 2011”; applicable laws governing cybercrime in Canada; rules of procedural fairness for self-represented persons;
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10,161.
Canada (Attorney General) v. Mahood - 2018 FC 366 - 2018-04-05
Federal Court DecisionsMoreover, the Tribunal notes the requirements of procedural fairness are even more acute when a party is self-represented, as is the case with Ms. Mahood. [...] Under the circumstances, I can see no error on the part of the Tribunal member in her interpretation of s 4.79 of the Aeronautics Act. I will deal later with the reasonableness of the decision as to whether the CCTV footage is required by law.
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10,162.
Koppalapillai v. Canada (Citizenship and Immigration) - 2018 FC 235 - 2018-03-02
Federal Court Decisions[12] Although the Applicant raises several discrete issues, it is unnecessary to deal with these separately because the overarching issue, in my view, is whether the PRRA Officer’s decision was reasonable. [...] [13] It is well established that, absent any question of procedural fairness, the standard of review by which to assess a PRRA officer’s decision is that of reasonableness (see, e.g.: Paul v Canada (Immigration, Refugees, and Citizenship), 2017 FC 687 at para 12, 282 ACWS (3d) 146; Khatibi v Canada (Citizenship and
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10,163.
Abenakis of Odanak Council v. O'Bomsawin - 2018 FC 112 - 2018-02-01
Federal Court Decisions[53] The decisions cited by the applicant are distinct, and none of them deal with a comparable situation. [...] In short, I am of the view that the compensation set by the Tribunal, which was lower than the amounts sought by the respondent, represented a fair, equitable and, above all, reasonable compromise in light of all the facts and law.
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10,164.
Yuris v. Canada (Citizenship and Immigration) - 2017 FC 981 - 2017-11-01
Federal Court Decisions[36] Indeed, while not directly dealing with the objective or purpose of paragraph 25(1.2)(b) of the IRPA, the legislative history of the enactment of which paragraph 25(1.2)(b) of the IRPA was a part, indicates that one of Parliament’s primary objectives was to reduce backlogs and abuses in the refugee determination [...] [38] I note that although the Interpretation Act, RSC 1985, c I-21 at section 12 provides that enactments “shall be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objects”, that provision is qualified by the general principle of statutory interpretation that the
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10,165.
Murphy v. Canada (Attorney General) - 2016 FC 1208 - 2016-11-02
Federal Court Decisionsd) The form of hearing respects the requirement under the Social Security Tribunal Regulations to proceed as informally and quickly as circumstances, fairness and natural justice permit. [...] that benefits-conferring legislation ought to be interpreted in a broad and generous manner and that any doubt arising form the language of such legislation ought to be resolved in favour of the claimant.... has been adopted in a number of Supreme Court decisions dealing with the Unemployment Insurance Act, 1971.
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10,166.
Southwind v. Canada - 2016 FC 1132 - 2016-10-11
Federal Court DecisionsPhysical geography deals with the study of processes and patterns in the natural environment like the atmosphere, hydrosphere, biosphere, and geosphere. [...] It submits that Ms. Larcombe in parts of her report relied “fairly extensively” on them.
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10,167.
Canada v. Ewert - 2016 FCA 203 - 2016-08-03
Federal Court of Appeal DecisionsIn these circumstances, and when on my analysis these arguments need not be addressed, I prefer not to deal with these issues. [...] [26] Read fairly, this evidence falls short of establishing that the assessment tools generate, or are more likely than not to generate, false results and conclusions when administered to Aboriginal persons.
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10,168.
Astrazeneca Canada Inc v. Apotex Inc - 2016 FC 865 - 2016-07-22
Federal Court Decisions[9] Accordingly, the amendments now sought by Apotex relate only to paragraphs 46 (b),(c), and (c.1), dealing with the NIA plea as follows: [...] Ultimately it boils down to a consideration of simple fairness, common sense and the interest that the courts have that justice be done.
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10,169.
Red Label Vacations Inc. (Redtag.ca) v. 411 Travel Buys Limited (411 Travel Buys Limited) - 2015 FCA 290 - 2015-12-18
Federal Court of Appeal DecisionsAs a result, in my view, a fair reading of his reasons would mean that paragraph 121 should be read in light of the immediately preceding paragraphs. [...] [42] At paragraph 100, the Judge then found that the plaintiff’s metatags allegedly copied by the defendants “were substantially derived from a list of Google key words which are then incorporated into short phrases descriptive of travel industry types of travel, locations, and discounts or deals for consumers”.
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10,170.
Alani v. Canada (Prime Minister) - 2015 FC 649 - 2015-05-21
Federal Court DecisionsThere is a fairly lengthy literature on the subject. Although there may be shades of difference among the constitutional lawyers, political scientists, and Judges who have contributed to that literature, the essential features of a convention may be set forth with some degree of confidence. [...] ... [A] declaration is a peculiarly apt instrument in dealing with bodies “invested with public responsibilities” because it can be assumed that they will, without coercion, comply with the law as stated by the courts.
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10,171.
Canada v. Martin - 2015 FCA 95 - 2015-04-15
Federal Court of Appeal Decisions[6] Subsection 160(1) of the Act renders a taxpayer liable for income taxes owed by a tax debtor with whom the taxpayer was not dealing at arm’s length if property is transferred to the taxpayer from the tax debtor for consideration less than the fair market value of the transferred property.
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10,172.
Allergan, Inc. v. Apotex Inc. - 2015 FC 367 - 2015-03-24
Federal Court DecisionsThe Defendants filed a Defence on May 2, 2011 denying infringement and stating that any manufacture or use of gatifloxacin was for experimental and fair use, and relied on certain statutory exemptions provided in subsections 55.2(1) and (6) of the Patent Act, RSC 1985, c.P-4. [...] Many such settlements are very complicated such as structured settlements, and the deal is usually struck before the documentation can be completed.
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10,173.
Kagimbi v. Canada (Attorney General) - 2014 FC 400 - 2014-04-30
Federal Court Decisions[32] In this regard, the adjudicator determined that “[his] role is not to decide whether the employer acted fairly toward Ms. Kagimbi in how it managed the alleged shortcomings in her work or whether the management practices of the correctional supervisors were appropriate”. [...] The jurisprudence shows that the statute is drafted such that the employer has a great deal of flexibility during the probation period, precisely so that it can evaluate the skills of a potential employee.
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10,174.
Canada (Citizenship and Immigration) v. Thiara - 2014 FC 220 - 2014-03-07
Federal Court DecisionsHowever, very fairly, he conceded at the trial that it took place at the citizenship test and not at the citizenship ceremony, the two having been somehow conflated in his mind. [...] However on a balance of probabilities I prefer the evidence of the defendant and that of his sister which deals with their specific case.
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10,175.
Wurm v. Canada (Citizenship and Immigration) - 2014 FC 97 - 2014-01-28
Federal Court Decisionsc) a indiqué par écrit à l’agent qu’il a l’intention de faire ou a fait un placement. [...] More particularly, the affidavit of Pantea Jafari deals mostly with the context of Canada’s immigration system and with the record of the former Minister of Citizenship and Immigration, but does not provide new evidence relevant to the processing of the applicant’s application.