11,309 result(s)
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10,201.
131 Queen Street Limited v. Canada (Attorney General) - 2007 FC 347 - 2007-04-11
Federal Court DecisionsDispute resolution, including the definition of fair market net effective rent, being article 1 of the Head Lease and Article 15 of schedule E of the Head Lease; and [...] As well, the Respondent argues that paragraph 20(1)(d) does not apply to daily commercial dealings but rather, is intended to respond to those situations not covered by paragraph 20(1)(c).
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10,202.
Vlad v. Canada (Citizenship and Immigration) - 2007 FC 172 - 2007-02-15
Federal Court DecisionsHe was warned by his superiors to “use discretion” and “close his eyes” when dealing with high-profile persons. [...] [7] The Applicant maintains that he was framed and that the trials and appeals were not fairly conducted.
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10,203.
Tulina-Litvin v. Canada (Public Safety and Emergency Preparedness) - 2007 FC 105 - 2007-01-31
Federal Court Decisions[78] Importantly, as previously mentioned, decision-makers are free to enact guidelines to assist them in the exercise of the discretion as long as these guidelines are not mandatory and as long as visa officers consider the particular facts of each case in determining the content of the duty of fairness. [...] [58] As stated by Justice John Sopinka in Canada (Minister of Employment and Immigration) v. Chiarelli, [1992] 135 N.R. 161 (SCC) (though dealing with an extradition case): “...The most fundamental principle of immigration law is that non-citizens do not have an unqualified right to enter or remain in the country...”
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10,204.
Karsoua v. Canada (Citizenship and Immigration) - 2007 FC 58 - 2007-01-22
Federal Court DecisionsThe first issue deals with a question requiring the IRB to consider whether the evidence of harassment and discrimination amounts to persecution in the circumstances of this case. [...] [26] The objectives of the Act with respect to refugees is set out in subsection 3(2) and is to provide a safe haven for refugees while providing a fair and efficient procedure to achieve that end.
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10,205.
Perez Burgos v. Canada (Citizenship and Immigration) - 2006 FC 1537 - 2006-12-21
Federal Court DecisionsIn order that faith may be maintained in the legal system, it is necessary that losing parties be satisfied that they have been fairly dealt with, that their position has been understood by the judge, and that it has been properly weighed and considered. [...] Notwithstanding these findings, case law recognizes that the presumption of state ability is rebuttable, even when dealing with a democratic state.
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10,206.
Wilson v. Canada (Revenue Agency) - 2006 FC 1535 - 2006-12-20
Federal Court DecisionsAfter reviewing the history of Mr. Wilson’s dealings with legal counsel, Justice Mactavish concluded that Mr. Wilson’s failure to respond to the Defendants’ dismissal motion was not the result of a mistake. [...] If that evidence had been lost as he alleged, she found that it still could not be fairly described as undiscoverable.
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10,207.
Labrador Métis Nation v. Canada (Attorney General) - 2006 FCA 393 - 2006-12-01
Federal Court of Appeal DecisionsConsequently, these reasons deal only with the prosecution of the Province. [...] 504. Quiconque croit, pour des motifs raisonnables, qu’une personne a commis un acte criminel peut faire une dénonciation par écrit et sous serment devant un juge de paix, et celui-ci doit recevoir la dénonciation, s’il est allégué, selon le cas :
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10,208.
Nejad v. Canada (Minister of Citizenship and Immigration) - 2006 FC 1444 - 2006-11-29
Federal Court DecisionsFive photographs depict her with prominent female activists and four photographs show her in a room containing literature and posters dealing with the defence of civil rights in Iran. [...] Fairness to the parties and the tribunal under review dictates such a limitation: Bekker v. Canada (2004), 323 N.R. 195 (F.C.A.).
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10,209.
Couprie Fenton Inc. c. Canadian National Railway Company - 2006 FC 1418 - 2006-11-23
Federal Court DecisionsIt will deal with Fenton’s motion to strike, and the other remedy, at the appropriate time. [...] [11] In a fairly simple defence filed in April 2005, CN admits, inter alia, paragraphs 3 and 5 of Fenton’s statement of claim, disregards paragraph 6 of that same statement of claim, and indicates in the paragraphs that follow what appears to be its basic position with respect to its actions at the time that the container
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10,210.
Normandeau v. Lévesque Estate - 2006 FC 798 - 2006-06-22
Federal Court Decisions[43] Nor is it useful to deal in detail with the argument based on rule 77 of the Rules. [...] [51] The Court is persuaded in this case that it would not be fair and equitable to rule on this issue without a trial.
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10,211.
Fédération des producteurs acéricoles du Québec v. Canadian Food Inspection Agency - 2006 FC 516 - 2006-04-26
Federal Court Decisions21. (1) Dans le but de faire observer la présente loi et ses règlements, l’inspecteur peut procéder à la visite de tout lieu — ou, s’il s’agit d’un véhicule, à son immobilisation et à sa visite — s’il a des motifs raisonnables de croire que s’y trouvent des produits agricoles ou d’autres objets visés par la présente loi ou [...] There is no need to deal with the other conditions for obtaining an order of mandamus.
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10,212.
Orly Automobiles Inc. v. Canada - 2005 FCA 425 - 2005-12-15
Federal Court of Appeal Decisions(ii) The economic viability of at least some of the deals from Orly's point of view depended on Orly keeping the GST and PST and then claiming ITCs in respect of the GST. [...] While that information appears anomalous in the context of the assumptions made by the Minister because these documents show that the appellant had not purchased many of the cars from the alleged secondary dealers, but rather directly from new car dealerships, it is a fact disclosed in fairness to the appellant.
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10,213.
Innu Nation of Uashat Mak Mani-Utenam v. Fontaine - 2005 FCA 357 - 2005-10-31
Federal Court of Appeal Decisions[11] Dealing more specifically with the appropriateness of the sanction in cases involving “forms of dishonesty that . . . bordered on theft, misappropriation, forgery or a fraudulent sham” (McKinley v. B.C. Tel, [2001] 2 S.C.R. 161, at para. 46), the Supreme Court of Canada in McKinley rejected the absolute and [...] In all fairness to the parties, I feel the adjudicator should give them an opportunity to present their views on this point, in writing or orally, based on the record as it stands.
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10,214.
Wiley v. The Queen - 2005 TCC 659 - 2005-10-12
Tax Court of Canada JudgmentsTo be clear, this was not actually presenting seminars but in researching the subject, writing materials, establishing a website, arranging dates, attending activity fairs and making calls. [...] [14] Before turning to the specific income tax and GST issues, I must deal with a couple of preliminary issues relating to Mrs. Wiley's appeals.
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10,215.
Alticor Inc. v. Nutravite Pharmaceuticals Inc. - 2005 FCA 269 - 2005-08-09
Federal Court of Appeal DecisionsThis would be in harmony with the jurisprudence dealing with opposition proceedings. [...] 6.(2) L'emploi d'une marque de commerce crée de la confusion avec une autre marque de commerce lorsque l'emploi des deux marques de commerce dans la même région serait susceptible de faire conclure que les marchandises liées à ces marques de commerce sont fabriquées, vendues, données à bail ou louées, ou que les services
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10,216.
Tossell v. Canada - 2005 FCA 263 - 2005-07-27
Federal Court of Appeal Decisions169. (1) Lorsqu'un contribuable a signifié un avis d'opposition à une cotisation, prévu à l'article 165, il peut interjeter appel auprès de la Cour canadienne de l'impôt pour faire annuler ou modifier la cotisation: [...] [29] Does it follow that this Court has the jurisdiction to deal with the substantive result of the section 174 determinations as they affect Mr. Peterson, even though the Minister could have appealed Mr. Peterson's Tax Court judgment under section 27 of the Federal Court Act, but did not do so?
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10,217.
Saskatchewan (Minister of Agriculture, Food and Rural Revitalization) v. Canada (Attorney General) - 2005 FC 1027 - 2005-07-25
Federal Court DecisionsThe goal of this Agreement, as stated in the preamble, was to ensure the orderly marketing of eggs, a fair return to producers, a dependable supply of high quality products to the consumers, as well as cooperation and coordination between the provincial boards and CEMA. [...] [37] Before disposing of this motion, there is one final argument that I need to deal with.
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10,218.
Daniel Adam (Syndic) pour Luc Lafontaine (failli) c. La Reine - 2005 TCC 321 - 2005-04-11
Tax Court of Canada Judgments[19] Are we dealing with the same vehicle? Why had he formally admitted, under oath before the Court, following the seizure, that he was the owner of the vehicle in question? [...] [58] Admittedly, the value of certain assets, specifically the heat pump, was established in a fairly arbitrary manner, although one that was not unreasonable; this is a consequence that any person must accept when they do not have in their possession supporting documentation to refute its accuracy.
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10,219.
Mainil v. Canada (Wheat Board) - 2004 FC 1768 - 2004-12-23
Federal Court DecisionsThe producer is then issued a Permit Book, which is used to record all of the producer's dealings with the CWB. In the 2003-2004 crop year, there were approximately 75,000 Permit Book holders. [...] The Regulations contemplate the hiring of an Election Co-ordinator to conduct the election of directors, and to ensure that the elections are carried out in a fair and impartial fashion, in accordance with the Act and the Regulations.
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10,220.
Kawacatoose First Nation v. Ireland - 2004 FC 1686 - 2004-12-01
Federal Court Decisions(3) The Minister may extend the period of time referred to in subsection (2) where the Minister is satisfied that a complaint was made in that period to a government official who had no authority to deal with the complaint but that the person making the complaint believed the official had that authority. [...] 241. (1) La personne congédiée visée au paragraphe 240(1) ou tout inspecteur peut demander par écrit à l'employeur de lui faire connaître les motifs du congédiement; le cas échéant, l'employeur est tenu de lui fournir une déclaration écrite à cet effet dans les quinze jours qui suivent la demande.
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10,221.
MBNA Canada Bank v. Financial Consumer Agency of Canada - 2004 FC 1665 - 2004-11-26
Federal Court Decisions[10] Both parties agree that notwithstanding a right of appeal provided for in the FCACA, judicial review is available where the issues in question deal with whether or not there was a failure to observe the principles of natural justice or a breach of a procedural statutory provision. [...] Or, stated differently, instead of giving MBNA a fair hearing, he is giving MBNA a right of appeal.
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10,222.
Blais v. Canada (Attorney General) - 2004 FC 1638 - 2004-11-26
Federal Court DecisionsIt was proposed that Ms. Dawson deal with the management behaviour grievances as well. [...] The disclosure of the "confidential" agreement raises the spectre that not one of the 4500 lawyers in the Department of Justice would be able to give her a fair hearing.
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10,223.
Realsearch Inc. v. Valon Kone Brunette Ltd. - 2004 FCA 5 - 2004-01-09
Federal Court of Appeal DecisionsThis concern was first expressed in Berliner Gram-O-Phone, supra, where Riddell J., sitting as a judge pro hac vice of the Exchequer Court, noted at 241-42 that the case was such "that an appellate Court would be called upon to deal with one branch of the case while another part would be in the course of being dealt with [...] Rather, the present case seems to involve a fairly simple and relatively straightforward issue of infringement.
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10,224.
Barrie v. The Queen - 2004 TCC 37 - 2004-01-09
Tax Court of Canada JudgmentsHowever, he had no "distribution deal". Mr. Barrie testified that Mr. Pauzé showed him a copy of the book before 1999 as part of his effort to have Mr. Barrie lend 1348903 Ontario Inc. ("134 Inc.") money to be used to increase the number of books already printed and to assist in Mr. Pauzé's "follow up" book. [...] [40] Even if all the loans Mr. Barrie claims he had to the three corporations were valid loans, I cannot conclude one way or the other whether any of 117 Inc., 128 Ltd. and 134 Inc. could qualify as a small business corporation; I do not know if substantially all of the fair market value of any corporation's assets were
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10,225.
Kalombo v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 460 - 2003-04-17
Federal Court DecisionsWhat the adjudicator must do is to scrupulously observe fairness in making his decision on the facts. [...] We are not dealing here with a provision requiring the imposition of a severe punishment for an offence.