11,309 result(s)
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10,176.
Kearney v. Canada (Citizenship and Immigration) - 2014 FC 96 - 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.
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10,177.
Garcia Arreaga v Canada ( Citizenship and Immigration) - 2013 FC 977 - 2013-09-25
Federal Court DecisionsThey also argued that, if she had to return to Guatemala, the female applicant would risk a great deal because of her political opinions. [...] Further, the RPD did not rule on the existence or the lack of a link between refugee claim and the grounds established under section 96 of the IRPA, unlike what procedural fairness dictates.
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10,178.
CPNI Inc. v. Canada (National Revenue) - 2013 FC 96 - 2013-03-01
Federal Court Decisions25. Les pénalités et les intérêts peuvent faire l'objet d'une renonciation ou d'une annulation, en tout ou en partie, lorsqu'ils découlent de circonstances indépendantes de la volonté du contribuable. [...] The Court notes that we are not dealing here with an event comparable to the examples set out in paragraphs 5(a) and (b) of the Guidelines, such as flood, fire, civil disturbances or disruptions in services.
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10,179.
Precision Door & Gate Service Ltd. v. Precision Holdings of Brevard, Inc. - 2012 FC 496 - 2012-04-30
Federal Court DecisionsThey are all dominated by the word “Precision” which is a fairly common noun, associated with exactitude and care. [...] (...) I am satisfied that confusion would be inevitable in this case given that the trade names are not merely similar but identical and deal with the same type of wares (...)
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10,180.
Williams v. Canada (Attorney General) - 2011 FC 1311 - 2011-11-15
Federal Court DecisionsCATSA’s investigation and review process to deal with Performance Events is set out in chapter 11 of the SOP (Sévigny Affidavit at para 34; Exhibit A at pp 85 to 94). [...] In the event of a second failed X-ray recertification test, the NTCP provides that the LDB refers the matter to the NDB. As indicated in the LPA Briefing Note, dated January 5, 2011, the LDB was of the view that the Applicant’s testing had been done fairly and there were no reasons to offer a third attempt (Sévigny
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10,181.
Montreal (City) v. Montreal Port Authority - 2011 FC 937 - 2011-07-27
Federal Court Decisions[17] Regarding department properties, the PWGSC Policy establishes a procedure and lists criteria for the application and administration of LPS applications to ensure that they are processed in a fair, equitable and predictable manner. [...] This is a type of general insurance that while respecting the principle of tax immunity, allows the taxing authority to forecast spending and to budget, or even to borrow, based on the expected PILT income as if it were dealing with another business taxpayer.
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10,182.
News to you Canada v. Canada (National Revenue) - 2011 FCA 192 - 2011-06-07
Federal Court of Appeal DecisionsPrior to that decision, the “advancement of education” had been given a fairly restrictive meaning limited to formal training or the improvement of a useful branch of human knowledge. [...] [23] In N.D.G. Neighbourhood, the concerned organization’s purposes included (i) to provide a forum for group education of interested community members and help animate people in dealing with social issues that affect them and the community; (ii) through community media and door to door contact, to expand the accessibility
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10,183.
McMeekin v. Canada (Human Resources and skills Development) - 2011 FCA 165 - 2011-05-13
Federal Court of Appeal DecisionsThe usual practice in this Court is to deal with all motions on the basis of written submissions under Rule 369 of the Federal Courts Rules. [...] Mr. McMeekin alleges among other things that the procedure followed by Justice Desmarais in allowing his appeal in secret, without giving him an opportunity to be heard, was a denial of procedural fairness.
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10,184.
Kargo v. Canada (Citizenship and Immigration) - 2011 FC 469 - 2011-04-15
Federal Court DecisionsThe first refusal was issued on 3 June 2009, following a misunderstanding by a visa officer that both the Applicant Daughter and Son had failed to respond to official “Fairness Letters” and that neither met the definition of a dependant. [...] This leaves the Court to deal with the outstanding issues of directed verdict, time-limits for completion of the re-determination and finalization of the permanent residence application, and costs.
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10,185.
Genex Communications Inc. v. Canada - 2010 FCA 353 - 2010-12-17
Federal Court of Appeal DecisionsCounsel for the respondent refers, moreover, to the English definition of “commercial debt obligation” in interpreting paragraph (b) of the French version of that definition (“créance commerciale”), which, according to her, deals with interest-free debt obligations, hence, debt obligations for which there is no legal [...] [34] As our colleague so aptly puts it, it is a matter of the fairness of both the trial and the appeal.
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10,186.
Dezameau v. Canada (Citizenship and Immigration) - 2010 FC 559 - 2010-05-27
Federal Court DecisionsAdditional evidence may be submitted on issues of procedural fairness and jurisdiction according to Ontario Assn. of Architects v. Assn. of Architectural Technologists of Ontario, [2003] 1 F.C. 331 (C.A.), leave to appeal to the Supreme Court of Canada, refused. [...] Specialized medical facilities are required to deal with the trauma of rape.
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10,187.
Omary v. Canada (Attorney General) - 2010 FC 335 - 2010-03-26
Federal Court DecisionsWe are dealing here with the powers of an administrative tribunal in relation to its procedures. [...] In the absence of specific rules laid down by statute or regulation, they control their own procedures subject to the proviso that they comply with the rules of fairness and, where they exercise judicial or quasi-judicial functions, the rules of natural justice.
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10,188.
Nagaratnam v. Canada (Citizenship and Immigration) - 2010 FC 204 - 2010-02-23
Federal Court Decisions[13] Whether the Officer erred by making a finding of credibility without convoking an in-person hearing is an issue of procedural fairness. [...] On these facts, Rule 167 was not triggered and there was no need to convene an interview to deal with a Decision that, essentially, is concerned with country condition documentation.
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10,189.
Provost v. Canada (Indian Affairs and Northern Development) - 2009 FC 1214 - 2009-11-26
Federal Court DecisionsOther sections dealing with approvals are 20(2), 35, 37, 38, 53(1)(b), 58(1) and 58(3). [...] In Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817, Madam Justice L’Heureux-Dubé set out a non-exhaustive list of five factors to aid in determining the scope of the duty to be procedurally fair in specific situations.
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10,190.
Belzberg v. Canada (Commissioner of Patent) - 2009 FC 657 - 2009-06-23
Federal Court DecisionsThe final action report must be comprehensive and deal with every grounds [sic] for which the application is considered to be defective. [...] [...] (6) Lorsque le refus n’est pas annulé selon le paragraphe (5), le commissaire en fait la révision et le demandeur se voit donner la possibilité de se faire entendre.
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10,191.
Lowell v. Canada (Citizenship and Immigration) - 2009 FC 649 - 2009-06-22
Federal Court DecisionsI do not believe that I will receive a fair hearing at my court-martial proceeding. [...] In any event, the Officer’s decision does deal with both sorts of punishments.
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10,192.
Angels of Flight Canada Inc. v. The Queen - 2009 TCC 279 - 2009-04-01
Tax Court of Canada JudgmentsPart II covers a fairly wide range of health related supplies by hospitals and other (defined) health care facilities, by doctors, dentists, nurses and others. [...] The Court of Appeal did not deal with this aspect. [21] Paragraph 24 of North Shore cannot be read in isolation.
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10,193.
Randhawa v. Canada (Citizenship and Immigration) - 2009 FC 310 - 2009-03-24
Federal Court DecisionsIn reaching this conclusion, at page 8 of the decision, the Minister correctly acknowledges that the test for determining a danger opinion is found in Justice Strayer’s decision in Williams v. Canada (Minister of Citizenship and Immigration), [1997] 2 F.C. 646 (F.C.A.) at para. 29 which deals with the precursor provision to [...] A second instrument was also used in this evaluation, the STABLE - 2000, with the conclusion reached that the STATIC - 99 fairly represents Mr. Randhawa’s risk as medium - low.
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10,194.
Glenora Distillers International Ltd. v. Scotch Whiskey Association - 2009 FCA 16 - 2009-01-22
Federal Court of Appeal DecisionsI believe it is fair to say that Glenora has marketed its product as being like a single-malt Scotch in everything but name. [...] [26] While neither of these cases deal directly with section 10 of the Act, in my view, the same essential logic applies, and it would be improper for this court to segment the previously registered marks, or the appellant’s mark GLEN BRETON, as the respondent suggests.
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10,195.
Weekes v. Canada (Public Safety and Emergency Preparedness) - 2008 FC 820 - 2008-06-30
Federal Court DecisionsIn my view, in dealing with legislation of this nature, the courts should, wherever possible, avoid a narrow, technical construction, and endeavour to make effective the legislative intent as applied to the administrative scheme involved. [...] The filing of the notice of appeal raised issues of procedural fairness.
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10,196.
Sarnoff Corporation v. Canada (Attorney General) - 2008 FC 712 - 2008-06-06
Federal Court DecisionsPatent agents are skilled in matters of technology, patent draftsmanship and dealing with the Patent Office and its procedures. [...] [37] Equitable remedies can be invoked even in respect of public authorities exercising statutory duties providing that there is no clear positive duty on the authority to act in a manner that would otherwise conflict with the principles of common law and fairness.
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10,197.
1072174 Ontario Ltd. v. The Queen - 2008 TCC 129 - 2008-04-18
Tax Court of Canada JudgmentsI do not think it is necessary for the purposes of this motion that I deal with the actual numbers in detail. [...] These are issues that can fairly be put before a trial judge for determination.
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10,198.
Kaur Grewal v. Canada (Citizenship and Immigration) - 2008 FC 55 - 2008-01-16
Federal Court Decisions[8] It was the applicants’ new solicitors, Waldman & Associates, who responded to the visa officer’s fairness letters of May 23, 2006. [...] [37] In the circumstances, it is not appropriate to deal with the other issues raised by the parties.
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10,199.
Peter and Marlene Yakabuski v. The Queen - 2008 TCC 27 - 2008-01-14
Tax Court of Canada Judgments[17] He took the position that CRA’s decision that a structure that is not habitable is not a residential unit and cannot be a residential complex is a departure from fairness and logic. [...] [44] This same conclusion was reached by Chief Justice Bowman in Leowski (A. D.), v. Canada, supra, when he was dealing with:
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10,200.
Streanga v. Canada (Citizenship and Immigration) - 2007 FC 792 - 2007-07-29
Federal Court Decisions[9] In Brown v. Canada (MCI), 2006 FC 1250, the Court noted that the test concerning a serious issue on an application for a stay, is that there be an issue that is not frivolous or vexatious, this being a lower test than the test applied at the leave stage, namely whether there is a “fairly arguable case.” [...] “will necessarily result” and the balance of convenience will normally favour the applicant because of the issues at stake with a PRRA—that an applicant would be exposed to a risk to her life or cruel or unusual treatment or punishment if removed prior to a judicial review dealing with serious issues concerning that risk.