11,309 result(s)
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10,351.
Amoroso v. Canada (Attorney General) - 2013 FC 157 - 2013-02-14
Federal Court DecisionsIt made a fair and generous offer to settle and even extended the time for acceptance. [...] (iii) is made as a consequence of a transaction involving the taxpayer and a non-resident person with whom the taxpayer was not dealing at arm’s length, [...] (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;
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10,352.
Khadr v. Canada (Attorney General) - 2008 FC 549 - 2008-04-29
Federal Court DecisionsAs stated in Kindler at paragraph 160, “... it differs from the criminal process in purpose and procedure and, most importantly, in the factors which render it fair. [...] [43] The public interest in disclosure in section 38.06 exceeds the public interest in the fair trial rights of the individual concerned. [...] There is a great deal of repetition of the same information as the content of messages received by one Canadian agency or department was circulated to the others and recycled in further messages and reports.
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10,353.
Turner v. Telus Communications Inc. - 2005 FC 1601 - 2005-11-29
Federal Court DecisionsIn the circumstances of this complaint, therefore, a voice print that is used solely for one-to-one authentication purposes seems to be fairly benign. [...] Information shall be collected by fair and lawful means. 4.4.1 Organizations shall not collect personal information indiscriminately. [...] Les organisations doivent faire un effort raisonnable pour s'assurer que la personne est informée des fins auxquelles les renseignements seront utilisés.
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10,354.
Rémillard v. Canada (National Revenue) - 2022 FC 338 - 2022-03-16
Federal Court Decisions[44] The Agency then provides a list of the various ties the applicant has with Canada, the United States and Barbados, concluding that he could be a resident of any of these countries, as he split his time fairly equally between them. [...] [91] The second passage to which the applicant draws the attention of this Court (Vol 12, p 2192, l 7, to p 2193, l 8) deals with Mr. Gagnon’s response to request T-997-1. [...] Of course, the question of whether the Agency should have issued a requirement or obtained a court order will be considered below when I deal with the issue of exhaustion of means.
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10,355.
Canada v. Deans Knight Income Corporation - 2021 FCA 160 - 2021-08-04
Federal Court of Appeal DecisionsHowever, the actual control test is different than the statutory de facto control test in subsection 256(5.1) of the Act. Moreover, it must be remembered that the GAAR is intended to supplement the provisions of the Act in order to deal with abusive tax avoidance. [...] [99] The Investment Agreement deals separately with control in general, and control over the approval of the Corporate Opportunity. [...] It deals with situations involving transfers of shares between related persons and reorganizations within a group of related corporations, as well as amalgamations and reverse takeovers.
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10,356.
MacDonald v. The Queen - 2017 TCC 157 - 2017-08-08
Tax Court of Canada Judgmentsi) whether the taxpayer dealt with the property acquired by him in the same way as a dealer in such property ordinarily would deal with it; [...] It was not necessary for Mr. MacDonald to sell or deal in his BNS shares in order to profit using the Forward Contract. [...] [74] The Respondent added that Mr. MacDonald had no ability to deal with the Forward Contract while TD Bank’s commitment to lend existed since the Loan required that he maintains the Forward Contract.
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10,357.
Offshore Interiors Inc. v. Sargeant - 2015 FCA 46 - 2015-02-16
Federal Court of Appeal Decisions[4] The relevant facts of this case are fairly straightforward and undisputed. [...] [80] Offshore further observes that the Judge omitted wording from and mis-cited a portion of section 13.5, which deals with termination of the VCA on account of a breach of its terms by Sargeant. [...] Further, I am satisfied that Offshore’s reliance on Commonwealth Construction is misplaced since that case deals with an insurer’s right to subrogate against a co-assured under the policy.
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10,358.
Wolf v. Canada - 2002 FCA 96 - 2002-03-15
Federal Court of Appeal DecisionsLe salarié, outre qu’il est tenu d’exécuter son travail avec prudence et diligence, doit agir avec loyauté et ne pas faire usage de l’information à caractère confidentiel qu’il obtient dans l’exécution ou à l’occasion de son travail. [...] [54] Major J. reminds us, at paragraph 39 of his reasons, of an early attempt to deal with the difficulties of the control test. [...] I note that in Article XV, which deals with “Professions dépendantes”, the words “emploi” and “emploi salarié” are used and such words are clearly associated with individuals commonly referred to as “employees”.
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10,359.
Simon v. The Queen - 2001-08-09
Tax Court of Canada Judgments[23] In his testimony, Mr. Simon explained that a transfer of a business was subject to fairly strict conditions under the new Civil Code of Québec and that the negotiations between Aviron and RTI lasted from March to June 1994. [...] "Did you have any dealings with Mr. Chehab?" "I never dealt with him." [...] And Mr. Lafond told us that he never had any dealings with Mr. Chehab except at that meeting.
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10,360.
Holt Cargo Systems Inc. v. Brussel (The) - 2000-02-11
Federal Court Decisions[11] Various claims raise similar issues, and I propose to deal first with the general issues before disposing of the individual claims. [...] Dealing with the cargo was accomplished in a very timely and efficient manner. [...] I deal briefly with each of these claims in turn. Ship repair claimants
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10,361.
Johnson v. M.N.R. - 2018 TCC 201 - 2018-10-22
Tax Court of Canada JudgmentsTo find where the right resides one must look first to the express terms of the contract, and if they deal fully with the matter one may look no further. [...] The judge’s role is to discover the true facts and apply the relevant law in order to resolve the issue in a fair and impartial way for all the parties. [...] In addition to the sales representatives dealing with clients, there is the assignment manager and the human resources manager, who deal with BDI’s staff of some 600 butlers.
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10,362.
Frac Shack Inc. v. AFD Petroleum Ltd. - 2017 FC 104 - 2017-01-26
Federal Court DecisionsAdditionally, he thought that the company was easier to deal with regarding business issues. [...] [94] He testified that AFD continues to do manual hot refueling, and that the market for manual hot refueling is still fairly robust. [...] 2. Adherence to the language of the claims in turn promotes both fairness and predictability.
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10,363.
Ploughman v. The Queen - 2017 TCC 64 - 2017-04-25
Tax Court of Canada JudgmentsThen you throw in the fact that we are dealing with a Caribbean country and the speed gets slower still.... [...] A. Yes, that’s fair. Q. ... And you have no explanation why you would mislead your clients that way or the donors of this charitable campaign that way? [...] Then you throw in the fact that we are dealing with a Caribbean country and the speed gets slower still.
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10,364.
Lafrenière v. Canada (Attorney General) - 2019 FC 219 - 2019-02-22
Federal Court Decisions[26] In this case, the FA concluded that that there is no legal duty of procedural fairness when the chain of command imposes an administrative measure, such as removing a member of the Forces from working in a particular position. [...] Dr. Vanier confirmed that the applicant was dealing with an intense and considerable level of stress and that his intense symptomatology had required an atypical pharmaceutical intervention. [...] • b) Second, during the military investigation which took place from September 2009 to March 2012, the military police acted wrongfully by failing to adhere to the principles of procedural fairness and by violating the applicant’s fundamental human rights.
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10,365.
Corocord Raumnetz GMBH v. Dynamo Industries Inc. - 2016 FC 1369 - 2016-12-14
Federal Court Decisions[23] Mr. David Wagner is a landscape architect with over 36 years of experience and whose work encompasses over 150 projects dealing with recreational parks and playground designs. [...] a) faire une déclaration fausse ou trompeuse tendant à discréditer l’entreprise, les produits ou les services d’un concurrent; [...] c) faire passer d’autres produits ou services pour ceux qui sont commandés ou demandés;
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10,366.
Toronto Star Newspapers Limited v. Canada - 2007 FC 128 - 2007-02-05
Federal Court Decisions[37] The agreed statement of facts does not deal with the right of the non-government party to seek leave to make ex parte representations. [...] c) la personne qui n'a pas l'obligation de divulguer des renseignements dans le cadre d'une instance, mais qui veut en divulguer ou en faire divulguer, peut demander à la Cour fédérale de rendre une ordonnance concernant la divulgation des renseignements. ... [...] Il peut en faire de même pour les personnes qu’il entend en application de l’alinéa 38.04(5)d).
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10,367.
Pfizer Canada Inc. v. Ratiopharm Inc. - 2010 FC 612 - 2010-06-08
Federal Court DecisionsThe facts in Servier, supra, similarly to the facts in Merck, supra, deal with an infringement action for an ACE-inhibitor drug used to treat hypertensive patients where the contention was that a class of compounds constituted a single invention. [...] The ‘324 Patent deals with all forms of pulmonary hypertension. Step Four: Viewed without any knowledge of the alleged invention as claimed, do those differences constitute steps which would have been obvious to the person skilled in the art or do they require any degree of invention? [...] [171] The Court concludes that it was self-evident or plain that there was a fair expectation of success that sildenafil would treat pulmonary hypertension based on the prior art, specifically the case studies in Atz et al. and the sheep model in Weimann et al.
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10,368.
Save Halkett Bay Marine Park Society v. Canada (Environment) - 2015 FC 302 - 2015-03-10
Federal Court Decisions[52] In its written submissions, the Society also alleged that the Minister’s denial of its request for a Board of Review to challenge the Permit breached its right to procedural fairness. [...] [163] For the purposes of this Application, the relevant provisions of the Clean-up Standard are those in Section 7.1, which deals with anti-fouling coatings on ships. [...] [180] At the end of the day, the Court is left in a position of having to deal with conflicting scientific opinions and supporting analysis of Dr. Pelletier and Mr. Doe, respectively.
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10,369.
The Commissioner of competition v. Pearson Canada Inc. - 2014 FC 376 - 2014-04-23
Federal Court DecisionsIt would then remain open to the respondent to bring a motion to deal with issues that subsequently arise, in the usual manner. [...] Part VIII deals with civilly reviewable trade practices, such as refusals to supply, price maintenance, exclusive dealing, tied selling, market restriction, abuse of dominant position and mergers. [...] c) de faire de la publicité trompeuse; d) de ne pas assurer la qualité de service à laquelle leurs acheteurs pouvaient raisonnablement s’attendre.
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10,370.
Abbott Laboratories v. Canada (Health) - 2005 FC 1332 - 2005-09-28
Federal Court DecisionsThe parties had available all the pre-hearing procedural steps to deal with any deficiencies in the record. [...] Paragraph 17 deals with Claim 2; paragraph 20 deals with Claim 13, paragraph 21 with Claim 15. [...] [138] Moreover, Abbott had its opportunity to deal with any alleged infirmities due to the hearsay nature of Dr. Rey’s evidence.
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10,371.
Quinn v. Canada (Attorney General) - 2021 FC 342 - 2021-04-20
Federal Court DecisionsThe historical record of how the Papaschase Band ceased to exist, and which gives rise to the Plaintiffs’ claims against the Crown in this matter, is fairly well established and is not disputed for the purposes of this motion. [...] The Statement of Claim sought injunctions preventing those individuals from acting on behalf of the descendants of the Papaschase Band and from dealing with any business or monies received on behalf of the descendants. [...] [32] Dealing, finally, with the question of standing to pursue the derivative claim for an accounting of any proceeds of the sale of IR 136 still in possession of the Crown, Justice Slatter stated that only a plaintiff “who is a descendant of the Papaschase Band, other than through a former member who took scrip” might be
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10,372.
Greenwood v. Canada - 2020 FC 119 - 2020-01-23
Federal Court DecisionsIn many ways, it is an indication of the failure of the internal mechanisms that are established to deal with workplace conflict. [...] That these women felt this was necessary is an indication of the failure of the RCMP to effectively deal with their cases. [...] (i) would fairly and adequately represent the interests of the class,
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10,373.
Jefferson v. The Queen - 2019 TCC 91 - 2019-05-24
Tax Court of Canada JudgmentsSubsection 160(1) allows the Minister of National Revenue (the “Minister”) to recover a tax debt from a person who has received a transfer of property from a non-arm’s length tax debtor for less than fair market value consideration. [...] The Appellant said he also had many informal meetings with clients and potential clients and that those meetings, as well as the trustee meetings, involved a great deal of travel, meals out and entertainment. [...] For this reason, and because the Appellant did not deal at arm’s length with Global, I do not accept that it can be inferred from the fact that Global reimbursed these amounts to the Appellant that they were related to Global’s business.
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10,374.
Clark v. Abegweit First Nation Band Council - 2019 FC 721 - 2019-05-22
Federal Court DecisionsTo be fair to the Respondents, they did not allege that the Applicants have no interest in the governance of the First Nation but the point is nevertheless applicable to the present case. [...] The Court will deal separately with the Chief position later in these reasons. [...] In the March 2019 plebiscite, two of the questions (one related to section 2 of the Election Regulations and the other dealing with voting processes) received what might be described as broad community support (61% and 59% respectively).
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10,375.
Joly v. Gadwa - 2019 FC 175 - 2019-02-12
Federal Court Decisions[2] This contempt hearing was bifurcated to deal separately with the issues of contempt and sentencing, as in the circumstances was appropriate given the contempt decision would be reserved and the Federal Court of Appeal’s decision in Winnicki v Canada (Human Rights Commission), 2007 FCA 52, per Sexton JA. [...] [4] These reasons deal with the appropriate sentence. [5] That said, as a preliminary issue, the Respondents also challenged the Applicants’ standing to address the issue of appropriate sentence based on the fact that this First Nation’s elections in September, 2018, resulted in the Applicant Brenda Joly [Joly], who was [...] Therefore the Court found it would be fair and reasonable to impose a fine at the upper end of the range, setting the fine at $4,000.