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2741-4150 Québec Inc. v. M.N.R. - 1999-05-11

They decided to hire a full-time salesperson, Raymond Dallaire, who had a great deal of experience in eavestrough sales and the operation of an eavestrough installation business.   [...]  [90] Moreover, Ms. Nicol was not able to provide much information on four of the above-mentioned five workers the insurability of whose employment is at issue here, since the portion of the reports (on an application or an appeal) dealing specifically with those four individuals was written by Francine Sévigny.   [...]  They provided all the documentation needed by the government authorities and, for example, travelled a fairly great distance to go to Sherbrooke to provide explanations to the Revenue Canada officials.

Friends of The West Country Association v. Canada (Minister of Fisheries and Oceans) - 1997-05-07

Further, this case is one which deals with what is, from start to finish, a very public process.   [...]  The requirement of possession in this case is fairly clear. The material in question is either in the public registry or should be in the public registry pursuant to subsection 55(4) of the CEAA. It is, as the applicant has pointed out, self evident that the material in question is in the possession of the responsible   [...]  As the decision of the court will deal only with the grounds of review invoked by the respondent, the relevance of the documents requested must necessarily be determined in relation to the grounds of review set forth in the originating notice of motion and the affidavit filed by the respondent.

Jafarnia v. The King - 2023 TCC 171 - 2023-12-29

Although one director was at some point involved with specific tasks regarding the control of available cash flow, the Appellant was really the sole senior officer and director on site dealing with all sorts of issues, challenges, crisis, negotiations, solicitations, meetings, orders, customers purchase orders, supplies   [...]  [65] Based on the description obtained from the Appellant, it would be fair to describe two periods regarding the management of the payroll functions: prior and past April 2012.   [...]  In addition, the Court is not an equity court and therefore fairness cannot justify a valid reason before the Court.

Woessner v. The Queen - 2017 TCC 124 - 2017-06-28

[12] The general test for the removal of legal counsel due to a conflict of interest is whether a “fair-minded and reasonably informed member of the public would conclude that the removal of the solicitor is necessary for the proper administration of justice” (Boudreau v Marler, [2004] OJ No 1543 (Ont CA) at paragraph 60;   [...]  [19] However, in a later decision, Imperial Oil Ltd. v Lubrizol Corp., 116 FTR 112, [1999] FCJ No 74 (FCTD), dealing with the same issue, Justice Nadon fully endorsed the rationale subsequently developed by the Ontario Divisional Court in Essa.   [...]  [55] These comments bring me back to the central question to be asked and that is whether a fair-minded, reasonably informed member of the public would conclude, in the circumstances of the present case, that there is a compelling reason for disqualifying counsel of record such that the proper administration of justice

Roach v. Canada (Attorney General) - 2013 FC 852 - 2013-08-09

However, when a major traumatic event occurs, DSSRs spend weeks at a time working extensive overtime dealing with high stress situations;   [...]  • The Applicant’s condition was monitored fairly regularly; • Workplace factors were not sufficiently beyond the care and control of the Applicant so as to impede his ability to manage his condition.   [...]  By all accounts, despite the high blood sugar recordings, the evidence suggests that the Applicant was being monitored by medical specialists on a fairly regular basis.

Shire v. Canada (Citizenship and Immigration) - 2012 FC 97 - 2012-01-25

[5] In Minnesota, the family lived in a marginalized neighbourhood with high rates of crime, drug dealing and drug use.   [...]  [49] Conversely, the adequacy of a Board’s reasons is a matter of procedural fairness and natural justice and the appropriate standard of review is correctness (see Guerrero v Canada (Minister of Citizenship and Immigration), 2010 FC 384, [2010] FCJ No 448 at paragraph 19).   [...]  5. (1) Il est interdit de faire le trafic de toute substance inscrite aux annexes I, II, III ou IV ou de toute substance présentée ou tenue pour telle par le trafiquant.

Dao v. The Queen - 2010 TCC 84 - 2010-02-16

Bowman J. (as he was then), in Bigayan, expressed the same concerns over the meaning of “national average” in dealing with Statistics Canada figures.   [...]  If the evidence creates any doubt, that it should be applied in the circumstances of the appeal, then the only fair conclusion is that the taxpayer must receive the benefit of the doubt in those circumstances.   [...]  I take it to be a clear rule of construction that in the imposition of a tax or a duty, and still more of a penalty if there be any fair and reasonable doubt the statute is to be construed so as to give the party sought to be charged the benefit of the doubt.

Vogo Inc. v. Acme Window Hardware Ltd. - 2004 FC 851 - 2004-06-11

(d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or   [...]  Nguyen submits that the statement of claim discloses no reasonable cause of action, is immaterial and redundant, scandalous, frivolous or vexatious, would prejudice or delay the fair trial of the action, constitutes a departure from a previous pleading and is an abuse of the Court.   [...]  [80] Acme and Nguyen suggest that the Prothonotary should have heard Nguyen's motion to strike prior to dealing with Vogo's motion to consolidate, however, I find no merit to this argument.

Newcourt Financial Ltd. v. Canada - 2004 FCA 91 - 2004-03-05

b) ne pas faire partie du patrimoine ou des biens de la personne à compter du moment où le montant est déduit ou retenu, que ces biens aient été ou non tenus séparés de ses propres biens ou de son patrimoine et qu'ils soient ou non assujettis à une telle garantie.   [...]  b) ne pas faire partie du patrimoine ou des biens de l'employeur à compter du moment où la somme est retenue, que ces biens aient été ou non tenus séparés de ses propres biens ou de son patrimoine et qu'ils soient ou non assujettis à une telle garantie.   [...]  It is therefore unnecessary to deal with the other arguments made by the parties.

Forsyth v. Canada (Attorney General) - 2002 FCT 643 - 2002-06-05

d'une ordonnance d'un office fédéral, rendue à tout stade des procédures, cette décision ou cette ordonnance ne peut, dans la mesure où elle est susceptible d'un tel appel, faire l'objet de contrôle, de restriction, de prohibition, d'évocation, d'annulation ni d'aucune autre intervention, sauf en conformité avec cette loi.   [...]  It was open to the Applicant, having challenged the jurisdiction of the Standing Court Martial to deal with the charge against him, and having had his challenge rejected, to allow the Standing Court Martial to proceed and, if he were found guilty, to appeal that finding of guilt on the ground that it was not legal by reason  [...]  d'une ordonnance d'un office fédéral, rendue à tout stade des procédures, cette décision ou cette ordonnance ne peut, dans la mesure où elle est susceptible d'un tel appel, faire l'objet de contrôle, de restriction, de prohibition, d'évocation, d'annulation ni d'aucune autre intervention, sauf en conformité avec cette loi.

Society of Composers, Authors and Music Publishers of Canada v. Vidéotron Ltée - 2023 FC 1385 - 2023-10-18

Court of Quebec, it is obliged to pay SOCAN the balance of $1.435 million for the use of the works in the relevant periods; and (d) it undertakes to raise no defence arising solely under the Copyright Act (such as fair use) in opposition to SOCAN’s claim, either before this Court or before the Superior Court of Quebec.   [...]  However, this conclusion was not based on the Federal Court’s inability to deal with matters of set-off, but on its inability to deal with the subject matter of the defendants’ claim on which the asserted set-off was based: Inuksuk I at paras 54–59.   [...]  In ITO itself, the Court quickly found the third criterion met because “Canadian maritime law and other laws dealing with navigation and shipping come within s. 91(10) of the Constitution Act, 1867, thus confirming federal legislative competence”: ITO at p 777.

Lewis v. Canada (Public Safety and Emergency Preparedness) - 2017 FCA 130 - 2017-06-21

[19] On October 15, 2014, the IAD dismissed the request to re-open the appeal of the Deportation Order, finding there had been no denial of procedural fairness as Mr. Lewis failed to keep the IAD advised of his whereabouts.   [...]  To make enquiries as to whether a child will be adequately looked after does not amount to a fulsome H&C assessment and in no way duplicates the role of the immigration officer who will eventually deal with such an application [...].   [...]  [66] As noted, the Gladue principles arise out of subsection 718.2(e) of the Criminal Code, which deals with sentencing and asks courts to consider alternatives to incarceration where possible.

Neale v. Canada (Attorney General) - 2016 FC 655 - 2016-06-13

[54] The duty owed by an expert witness to the Court to be fair, objective and non-partisan falls under the “qualified expert” criterion (White Burgess, at paragraphs 46, 53).   [...]  That first portion of the report deals more with the Court’s jurisdiction, and an expert report on applicable legislation does not meet the necessity criterion.   [...]  In that case, the applicant’s spouse was involved in an on-call drug dealing network and used the automobile for which she was the main driver.