11,309 result(s)
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10,301.
Huntley v. Canada (Citizenship and Immigration) - 2014 FC 573 - 2014-06-17
Federal Court DecisionsI wish to emphasize again that all I am dealing with is a particular decision about one white South African within the narrow confines of Canadian jurisprudence on reviewable error. [...] In the present case, there are no mitigating or aggravating factors to consider or balance in determining if any presumption has been rebutted; rather, there is a great deal of evidence to be weighed to assess whether the applicant faces a risk of persecution. [...] [126] The Board found that in the absence of such evidence it must be assumed that there is a fair and independent judicial process in South Africa “despite its shortcomings”.
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10,302.
Marquez Lugo v. Canada (Citizenship and Immigration) - 2012 FC 1297 - 2012-11-06
Federal Court DecisionsThe Citizen’s Movement has many different branches dealing with environmental, socio-economic, and political issues. [...] [77] The Applicant now says that the letter from the Mental Health Therapist confirmed that he had been dealing with self-esteem issues, mood disorders (depression), lack of sleep and despair. [...] But the RPD can only act on the evidence that was placed before it, which in this case was fairly incomplete.
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10,303.
Plaisimond v. Canada (Citizenship and Immigration) - 2010 FC 998 - 2010-10-06
Federal Court DecisionsElles peuvent également se faire attribuer des opinions politiques en raison des activités des membres de leur famille. [...] [46] This Court has provided recent jurisprudence dealing with the applicability of section 97 to situations of generalized violence. [...] [52] With respect to the RPD’s use of 2008 documentation to deal with events that allegedly occurred in 2000, the Respondent submits that the RPD may have erred.
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10,304.
Hany Zeng v. Canada (Citizenship and Immigration) - 2008 FC 956 - 2008-08-19
Federal Court DecisionsThe applicant feared not receiving a fair trial and the possibility of the death penalty. [...] Moreover, I note that the majority of the Board’s decision deals with the specific acts alleged to have occurred in the Interpol warrants, specifically the concealed mortgage, the failure to make payments on the share transfer agreement and the false deposit. [...] The present case deals with a refugee application. The differences between extradition and refugee law are not to be forgotten (Gil above at paragraph 11).
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10,305.
Bonotto v. The Queen - 2008 TCC 221 - 2008-05-02
Tax Court of Canada Judgments[3] In dealing with the due diligence defence the Appellant has noted that this is not a case of total remittance failures by the Corporation. [...] Interestingly, in May of 1999 Ms. Fitzpatrick gave the Appellant a General Power of Attorney to deal with her interests in Belmont Concord and other activities. [...] [56] I believe it is fair to say that Chief Justice Bowman of this Court (as he is now) expressed the principle in similar terms in Mosier v. R., [2001] G.S.T.C. 124 (T.C.C.).
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10,306.
Grimard c. La Reine - 2007 TCC 755 - 2007-10-12
Tax Court of Canada Judgments(a) deal in a professional manner with the cases assigned to him and, more specifically but without limiting the generality of the foregoing, examine and analyze the cases, applying his knowledge and professional skills; [...] In practice, one looks for a number of indicia of supervision that may, however, vary depending on the context: compulsory attendance at a workplace, the fairly regular assignment of work, imposition of rules of conduct or behaviour, requirement of activity reports, control over the quantity or quality of the work done, and [...] On the other hand, he said that he had not been paid when he took three weeks off to deal with renovations to his home, which had been seriously damaged in a fire.
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10,307.
Vancouver Art Metal Works Ltd. v. Canada - 2001 FCT 265 - 2001-03-30
Federal Court DecisionsThat is to say when he professionally engages in the business of dealing in securities, or when his dealings amount to carrying on a business and can no longer be characterized as investor's transactions or mere adventures or concerns in the nature of trade. [...] 307. Q. So Mr. Burden's handwritten round trip memo to Mr. Worsfold, it is fairly short. [...] Q. You thought you were still dealing with the income -- PETER LING cross-examination by Mr. Sturrock:
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10,308.
Giasuddin v. Canada (Citizenship and Immigration) - 2023 FC 711 - 2023-05-23
Federal Court Decisions[62] The bullet at paragraph 84 of the Camayo decision dealing with precautionary measures leaves open the inferences to be drawn from precautions taken or not taken. [...] While this was in the context of evaluating the applicant’s claim under paragraph 108(1)(e), read holistically together with the portion of the Decision which deals with paragraph 108(1)(a), it obviously confirms that the RPD was aware of precautions taken by the applicant in some circumstances. [...] A fair examination of the reasons concerning the applicability of paragraph 108(1)(a) given by the RPD, when read as a whole, does not support the contention.
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10,309.
Lill v. Canada - 2022 FC 580 - 2022-04-21
Federal Court DecisionsThe reassessment of Mr. Lill’s security classification did not follow a fair, reasonable and transparent decision-making process based on all of the relevant information. [...] Since the CSC has admitted that it did indeed commit a fault, this judgment deals only with the other essential elements of liability, namely the causal link and the injury. [...] [59] Mr. Lill based the quantum of damages he claims on judgments that deal with the deprivation of liberty of individuals who are not held in federal penitentiaries and who are in circumstances quite different from his own.
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10,310.
Emera Brunswick Pipeline Company Ltd. v. Sierra Supplies Ltd. - 2018 FC 17 - 2018-01-09
Federal Court Decisions[9] The Pipeline Company argues that it should be awarded costs on the cross-appeal since the part of the cross-appeal dealing with interest is of the greatest financial magnitude. [...] [28] After dealing with a number of preliminary issues, the three-member PAC heard the matter from January 20-24, 2014. [...] (2) Il est interdit à toute personne de faire franchir un pipeline par un véhicule ou de l’équipement mobile, sauf lorsque cela :
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10,311.
Teva Canada Limited v. Pfizer Canada Inc. - 2017 FC 526 - 2017-05-26
Federal Court Decisions[37] In addition to this rationale, it is my view that on a redetermination of a fundamental issue at trial based on an existing trial record, the principle of fairness dictates that the Court deal with the record as it stands and not as one party might wish it to stand. [...] However, because of the position taken by Ms. Chiu at trial, this Court does not have available the record necessary to deal with all of those arguments. [...] Commercial parties reasonably expect a basic level of honesty and good faith in contractual dealings.
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10,312.
Hillis v. Canada (Attorney General) - 2015 FC 1082 - 2015-09-16
Federal Court Decisions(j) an entity authorized under provincial legislation to engage in the business of dealing in securities or any other financial instruments, or to provide portfolio management, investment advising, fund administration, or fund management, services; [...] de capital-investissement, un fonds spéculatif, un fonds de capital-risque, un fonds de rachat d’entreprise par effet de levier ou un mécanisme de placement similaire qui est établi pour faire des investissements dans des actifs financiers, ou le commerce de tels actifs, et qui est géré par une entité visée à l’alinéa j); [...] I doubt that such kind of judicial relief can be granted generally by the Court, but it is not necessary for me to deal specifically with this issue since the plaintiffs have not convinced me that the proposed disclosure of taxpayer information mentioned in the IGA is contrary to the provisions of the Canada-US Tax Treaty
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10,313.
Western Canada Wilderness Committee v. Canada (Fisheries and Oceans) - 2014 FC 148 - 2014-02-14
Federal Court Decisions[60] That said, the absence of posted recovery strategies deprives the Ministers of considerable leverage in dealing with the impact of industrial development on species at risk. [...] I will deal with the issues identified by the applicants, including the relevance of a standard of review analysis to this case and the legal nature of the statutory timelines in issue, in that context. [...] (2) Avant de faire une recommandation à l’égard d’une espèce sauvage ou d’une espèce en péril, le ministre :
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10,314.
Pfizer Canada Inc. v. Canada (Health) - 2009 FC 1294 - 2009-12-18
Federal Court Decisions[31] The ‘132 Patent deals with an ophthalmic solution for treatment of glaucoma and ocular hypertension. [...] I propose to deal with construction of the claims, beginning with Claim 19. [...] There has not been a great deal of discussion by the higher Courts in Canada as to the concept of "utility".
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10,315.
Almrei v. Canada (Citizenship and Immigration) - 2007 FC 1025 - 2007-10-05
Federal Court Decisions[15] Paragraph 140 of Charkaoui/Almrei/Harkat, deals with the suspension of the declaration: [...] The issue here is whether the term as used in the Immigration Act is sufficiently [page56] certain to be workable, fair and constitutional. [...] I am satisfied he was aware of Mr. Almrei’s extensive dealings in false documents.
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10,316.
Lassonde c. La Reine - 2003 TCC 715 - 2003-10-03
Tax Court of Canada JudgmentsAs I have explained to you, the Department must deal with these files in a fair and equitable manner, based on the facts and the applicable statutory provisions. [...] The las part deals with a second group of investors who allegedly invested from 1992 to 1994. [...] Part of that letter deals with the meeting with Mr. Boucher and no mention is made of the alleged promise.
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10,317.
Abbott v. Canada - 2001 FCT 242 - 2001-03-26
Federal Court DecisionsIf the enactment is expressed in language which is fairly capable of either interpretation, it ought to be construed as prospective only. [...] [53] Dealing further with the period between 1947 and 1959, the latter date being the date of the last of the Plaintiffs' leases, the regulations provided for the grant of leases for up to forty-two years and on such other terms as approved by the Minister or the Deputy Minister of Justice. [...] [66] Strictly speaking, having answered the first question in the affirmative, it may be unnecessary to deal with the second question.
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10,318.
Whiffin v. M.N.R. - 2001-02-19
Tax Court of Canada JudgmentsWhiffin stated he had no further dealings with Sian. APD insured the vehicle and informed him the amount of the premium which would be deducted from his earnings in the same manner as the monthly sum of $500.00 pertaining to the truck purchase. [...] The purchase price of the unit - $10,000.00 - was not of any concern to Vandenbroek as Whiffin had negotiated the deal with Sian and could have purchased it - or not - as he saw fit. [...] The business is known for its fluctuations in revenue and, while the rates are fairly consistent between companies, it is still a competitive business.
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10,319.
Sinnappu v. Canada (Citizenship and Immigration) - 1997-02-14
Federal Court DecisionsMr. Troutet candidly and fairly admitted that officers had erred in those decisions in applying the Regulations and guidelines to armed conflict situations. [...] In dealing with the requirements of fundamental justice, Linden, J.A. stated as follows: [...] These new facts may not have been examined in the particular way he would have liked them to be, but fundamental justice does not mandate a particular method of dealing with legal or factual issues.
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10,320.
Rebel News Network Ltd. v. Guilbeault - 2023 FC 121 - 2023-01-25
Federal Court DecisionsIf in light of the full record – which again, has yet to be submitted by either side – the legal arguments demonstrate to the Application judge that the evidence contained in the Hoaken Affidavit should be disregarded or given diminished weight, the Application judge will deal with this evidence appropriately. [...] Further, a lawyer has certain obligations of fairness and responsibility as an advocate (see, e.g., Rule 4.01 of the Law Society’s Rules of Professional Conduct). [...] The Applicants had a full and fair opportunity to examine her, and availed themselves of that opportunity.
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10,321.
Canmar Foods Ltd. v. TA Foods Ltd. - 2021 FCA 7 - 2021-01-20
Federal Court of Appeal Decisions[23] In recognition of the fact that summary judgment motions are an important tool for enhancing access to justice, most provinces have adopted rules of civil procedure to provide for such a mechanism with a view to ensure a fair balance between expediency and a just resolution of disputes. [...] Not only does it appear to pay heed to the disquiet expressed by some judges at the notion that a patentee’s dealings with the Patent Office should always be out of bounds for the purpose of construing a claim, but it can also be perceived as a step to better align Canadian law with its British and American counterparts. [...] Starting from the premise that literalism must be avoided to ensure that patent claims are constructed so as to give fair protection to the patentee, the Court reasoned, based on its review of both the United Kingdom and American jurisprudence, that there are two ways to achieve that objective.
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10,322.
Plains Midstream Canada ULC v. Canada - 2019 FCA 57 - 2019-03-27
Federal Court of Appeal DecisionsCourt made it clear that although the Act, like all other statutes, was to be interpreted in a textual, contextual and purposive manner, more emphasis often must be given to the text of the Act because of the particularity of many of its provisions and the need for consistency, predictability and fairness to taxpayers. [...] These rules are constantly changing to take into account, inter alia, Parliament’s prevailing views of the concepts of fairness and progressivity and the need to stimulate certain economic activities and certain well regarded social activities. [...] [85] Put differently, paragraph 16(1)(a) is there to deal with situations where no explicit provision for interest can be found in a contract or other arrangement but that, in the light of all relevant circumstances, an amount paid or payable to a person “can reasonably be regarded as interest”.
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10,323.
Alta Energy Luxembourg S.A.R.L. v. The Queen - 2018 TCC 152 - 2018-08-22
Tax Court of Canada JudgmentsFortunately, for the Co-Investors, the CRA accepted that the fair market and the adjusted cost base of the Shares were equal at that time. [...] In the case of the Duvernay Formation, this was possible because the geology of the formation was fairly consistent throughout. [...] In my opinion, the Respondent is seeking to apply the GAAR in order to deal with what Finance now believes is unintended gap in the Treaty.
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10,324.
Valeant Canada LP/Valeant Canada S.E.C v. Ranbaxy Pharmaceuticals Canada Inc. - 2018 FC 847 - 2018-08-20
Federal Court DecisionsValeant supported their position by arguing that Dr. Laskar could not have otherwise known to specifically deal with the terms at issue (paragraph 21 of his affidavit) in his claim construction, and submitted that his evidence was result driven. [...] His evidence was as fair and impartial as all Valeant’s experts (who knew who both the Applicant and Respondent are, and so would of course surmise the positions of the parties). [...] • fairness and predictability are promoted by maintaining the inventor’s intent.
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10,325.
Public Television Association of Quebec v. Canada (National Revenue) - 2015 FCA 170 - 2015-07-22
Federal Court of Appeal DecisionsTherefore, there is no evidence that the Organization ensures that it is paying fair market value for the services rendered. [...] There is no indication that the Organization paid the fair market value for the services rendered by VPT for fundraising. [...] a) s’adresse par écrit au ministre, en vue de faire révoquer son enregistrement;