11,309 result(s)
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10,401.
Braud v. Canada (Citizenship and Immigration) - 2020 FC 132 - 2020-01-27
Federal Court DecisionsThe reviewing court must adopt an attitude of restraint and intervene only “where it is truly necessary to do so in order to safeguard the legality, rationality and fairness of the administrative process” (Vavilov at para 13). [...] This is provided in section 36 of the IRPA. It has been mentioned repeatedly that subsection 36(1) of the IRPA dealing with inadmissibility for “serious” criminality defines a form of “social contract” (Gill v Canada (Citizenship and Immigration), 2019 FC 772 at paras 11–12; Gannes v Canada (Citizenship and Immigration), [...] They serve to state “how and why a decision was made”, demonstrate that “the decision was made in a fair and lawful manner” and shield against “the perception of arbitrariness in the exercise of public power” (Vavilov at para 79).
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10,402.
Asghar v. Canada - 2017 FC 947 - 2017-10-24
Federal Court Decisions(d) may prejudice or delay the fair trial of the action, d) qu’il risque de nuire à l’instruction équitable de l’action ou de la retarder; [...] In this regard, the Supreme Court of Canada has noted that the power to strike out a statement of claim is a “valuable housekeeping measure essential to effective and a fair litigation.” See Hunt v Carey Canada Inc, [1990] 2 SCR 959 and R v Imperial Tobacco Canada Ltd, 2011 SCC 42, at paragraphs 17 and 19. [...] [31] Having determined that the Plaintiff’s action should be dismissed, it is unnecessary to deal with the claim for interlocutory injunctive relief.
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10,403.
Ewert v. Canada - 2015 FC 1093 - 2015-09-18
Federal Court Decisions(f) correctional decisions are made in a forthright and fair manner, with access by the offender to an effective grievance procedure; [...] (2) Le délinquant qui croit que les renseignements auxquels il a eu accès en vertu du paragraphe 23(2) sont erronés ou incomplets peut demander que le Service en effectue la correction; lorsque la demande est refusée, le Service doit faire mention des corrections qui ont été demandées mais non effectuées. [...] [112] Overbreadth deals with a law that is so broad in scope that it includes some conduct that bears no relation to its purpose.
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10,404.
Solutions MindReady R&D Inc. v. The Queen - 2015 TCC 17 - 2015-01-21
Tax Court of Canada Judgments38. PUBLIQUE INC. transferred its employees specializing in SR&ED to the appellant through a rollover and received as consideration 110,617 class C shares of the appellant’s capital stock with a fair market value and paid‑up capital of $110,617. [...] 39. AUTEURCO granted the appellant an option to purchase at their fair market value all of the shares of either BENEFICIARY 1 or BENEFICIARY 2. [...] direct or indirect influence that, if exercised, would result in control in fact of the corporation, except that, where the corporation and the controller are dealing with each other at arm’s length and the influence is derived from a franchise, licence, lease, distribution, supply or management agreement or other similar
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10,405.
Taypotat v. Taypotat - 2013 FCA 192 - 2013-08-13
Federal Court of Appeal DecisionsHe further found that the Electoral Officer did not, in these circumstances, breach any duty to act fairly by failing to provide the appellant with an oral hearing prior to disqualifying him as a candidate (Reasons at paras. 50 to 53). [...] [19] Turning his mind to the appellant’s submissions under the Charter, the Judge concluded that education requirements are not an analogous ground of discrimination under section 15 “since they deal with personal attributes rather than characteristics based on association with a group” (Reasons at para. 59). [...] [25] The issues raised by the appellant with respect to the duty to act fairly and to the interpretation of the Kahkewistahaw Election Act by the Electoral Officer should also be dismissed.
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10,406.
Merck Frosst Canada & Co. v. Apotex Inc. - 2011 FCA 329 - 2011-11-25
Federal Court of Appeal DecisionsIt is fair to assume, given the complexity of the wording of section 8 of the 1993 Regulations and the 1993 Regulations themselves, that any decision by Merck to launch an application for prohibition and accept the potential of section 8 liability on May 31, 1993 was pregnant with risk. [...] [59] Third, it is fair to say that section 8 of the 1993 Regulations is notorious in judicial circles for its obscurity of meaning. [...] Pursuant to the terms of the contract as it stands, Apotex is simply permitted to direct Novopharm to the third party manufacturer which it favours and with whom it has negotiated terms, which would then oblige Novopharm to deal with that manufacturer and acquire the patented medicine on the terms negotiated.
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10,407.
Canadian National Railway Company v. Canadian Transportation Agency - 2010 FCA 65 - 2010-03-30
Federal Court of Appeal Decisions[4] CN also argued that the CTA’s decision respecting the nature of the payment by [the shipper] to CN was made in breach of the duty of fairness because CTA staff led CN to believe that the CTA would not decide this issue. [...] However, since I am of the view that CN’s substantive challenge succeeds, the procedural fairness issue does not arise. [...] [42] The Panel did not deal with this argument since it was satisfied that at least some of the grain in question had been imported into Canada within the meaning of Article III:4, and the United States had not claimed a violation of Article V.
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10,408.
Hinzman v. Canada (Citizenship and Immigration) - 2007 FCA 171 - 2007-04-30
Federal Court of Appeal DecisionsWhen dealing with a refugee claim advanced by a mere foot soldier, is the question whether a given conflict may be unlawful in international law relevant to the determination which must be made by the Refugee Division under paragraph 171 of the UNHCR Handbook? [...] In the case of a nondemocratic State, contrary evidence might be readily forthcoming, but in relation to a democracy like the United States contrary evidence might have to go to the extent of substantially impeaching, for example, the jury selection process in the relevant part of the country, or the independence or fair [...] In view of the fact that the United States is a democracy that has adopted a comprehensive scheme to ensure those who object to military service are dealt with fairly, I conclude that the appellants have adduced insufficient support to satisfy this high threshold.
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10,409.
Powell v. Canada (Attorney General) - 2004 FC 1304 - 2004-09-22
Federal Court DecisionsDr. Sagi discussed with the Applicant the need to curtail his drinking in order to deal more effectively with his anxiety symptoms. [...] « _soins de santé mentale_ » Traitement des troubles de la pensée, de l'humeur, de la perception, de l'orientation ou de la mémoire qui altèrent considérablement le jugement, le comportement, le sens de la réalité ou l'aptitude à faire face aux exigences normales de la vie. [...] a) violates the common law duty to act fairly; b) violates the Applicant's right under s. 7 of the Charter of Rights and Freedoms not to be deprived of the security of his person except in accordance with the principles of fundamental justice;
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10,410.
Leblanc v. Canada - 2003 FCT 776 - 2003-06-24
Federal Court Decisions"I venture to suggest this principle: if there has been an issue raised and decided against a party in circumstances in which he has had a full and fair opportunity of dealing with the whole case, then that issue must be taken as being finally and conclusively decided against him. [...] He is not at liberty to reopen it unless the circumstances are such as to make it fair and just that it should be reopened"
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10,411.
Demont v. The Queen - 2002-10-23
Tax Court of Canada Judgments[51] With respect to the case law, counsel took the position that the Court should give "the most equitable and large interpretation possible" to subsection 118(2) dealing with specified medical expenses. [...] [72] This case was well presented, ably and fairly argued. The Court was most impressed with the evidence of the Appellant and Patricia Demont, the patient. [...] In particular, Mrs. Demont showed a considerable medical improvement which was so substantial that it enabled her to proceed with the angioplasty which by that time was described as a fairly routine procedure whereas earlier it was equated to the much more serious procedure of open heart surgery.
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10,412.
Garbo Group Inc. v. Harriet Brown & Co. - 1999-11-16
Federal Court Decisions[7] It is important to bear in mind in the context of this question that the related purposes of trade-mark law are the protection of consumers from being misled about the source of goods, and of the interest of traders in identifying their goods or services to the extent compatible with fair competition. [...] The appeal is from a tribunal which, in dealing with compensation claims throughout the province, acquires an expertise in these matters. [...] On the other hand, the Registrar also held that the mark T.G.I.F. BY GARBO possessed "a fair degree" of inherent distinctiveness when considered in its entirety.
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10,413.
Canada (Minister of National Revenue) v. Mattel Canada Inc. - 1999-01-13
Federal Court of Appeal DecisionsThe need for a fair, uniform and neutral system for the valuation of goods for customs purposes that precludes the use of arbitrary or fictitious customs values was recognized internationally and led to the development of the said Code to which Canada as a contracting party adhered. [...] [46] A review of the American precedents relating to the lowest transaction value rule shows that "the rule only applies where there is a legitimate choice between two statutorily viable transaction values" and "the manufacturer's price constitutes a viable transaction value when... the manufacturer and the middleman deal [...] [48] I think it is fair to conclude that the DMNR was satisfied that the relationship between the respondent and Mattel Inc. did not influence the price paid or payable for the goods.
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10,414.
Energizer Brands, LLC v. Gillette Company - 2024 FC 717 - 2024-05-09
Federal Court Decisions[9] Fairness and reasonableness are overarching considerations in making a costs award; it involves striking a balance between compensating the successful party and not burdening the unsuccessful party unduly: Janssen Inc v Teva Canada Ltd, 2022 FC 269 [Janssen] at para 8. [...] [51] At trial, I disallowed or excluded the portion of Dr. Kolsarici’s expert report dealing with the Difference in Difference [DID] analysis, specifically paragraphs 258‐272, because of Dr. Kolsarici’s failure to comply with paragraph 3(i) of the Court’s Code of Conduct for Expert Witnesses (under rule 52.2): Energizer
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10,415.
Chrono Aviation Inc. v. Canada (Attorney General) - 2024 FC 635 - 2024-04-26
Federal Court Decisions[23] The Attorney General makes detailed submissions to show that the Minister complied with procedural fairness and that his decision was reasonable. [...] I will deal with these two issues in turn. (3) Alleged lack of alternatives
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10,416.
Panton v. Canada (Citizenship and Immigration) - 2024 FC 514 - 2024-04-03
Federal Court DecisionsThey determined any hardship the Applicant would face in relocating to Jamaica would “arise from the normal and foreseeable working of the law.” In summary, the officer determined the Applicant failed to meet their “onus of demonstrating, having regard to all of the circumstances that decent, fair-minded Canadians aware of [...] Those interests must be well identified, defined, and examined with a great deal of attention in light of all the evidence (Kanthasamy at para 39).
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10,417.
Mamlouk v. Canada (Citizenship and Immigration) - 2023 FC 1097 - 2023-08-11
Federal Court Decisions[20] The applicant argues that, despite the fact that the RAD’s findings deal with credibility, which would usually warrant deference, the Court should not hesitate to intervene in a clear case of error as in this case (Martinez Giron v Canada (Citizenship and Immigration), 2013 FC 7 [Martinez Giron] at para 15). [...] She argues that this evidence [translation] “the genuineness of which is not in dispute” should have been considered fairly by the RAD rather than being discounted because of what it does not say, that is, the names of the persecutors or their organizations.
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10,418.
Gunasinghe v. Canada (Citizenship and Immigration) - 2023 FC 400 - 2023-03-22
Federal Court DecisionsThe police officer told them to return home and that they would deal with the matter. [...] Having not been afforded an oral hearing, the Applicants assert that their procedural fairness rights were breached.
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10,419.
Bellegarde v. Carry the Kettle First Nation - 2023 FC 129 - 2023-01-27
Federal Court DecisionsNevertheless, members of First Nations are entitled to procedural fairness and remedies for the breach of their rights: Sparvier v Cowessess Indian Band, [1993] 3 FC 142 (TD) at 161; Saulteaux, at paragraphs 55–58. [...] Most legal systems that respect individual freedoms and dignity must find peaceful ways to deal with opposition in their midst.
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10,420.
Canada (Attorney General) v. Turmel - 2022 FC 1526 - 2022-11-09
Federal Court DecisionsPeople put their faith in you to help and you never do. you spout lies and nonsense but when the Crown does it-you cry foul...way too funny. you think you’re such a big deal and so important. just because you’re a loser?? [...] ● Preserve the Court’s powers to act further, when necessary, to adjust the vexatious litigant order, but only in accordance with procedural fairness.
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10,421.
National Bank of Canada v. Taha - 2022 FC 1282 - 2022-09-12
Federal Court DecisionsIn considering costs, the PEI Court of Appeal noted that the primary issue of mortgage default was fairly narrow and not complex, but the appeal proceeding was made more complex because Mr Taha engaged in “superfluous correspondence” and introduced “wide-ranging unmeritorious and often non-justiciable defences and claims” [...] • Courts are community property available to everyone, but access may be restricted in some circumstances in order to protect the finite resources of the Court from being diverted away from dealing with other proceedings involving allegations deserving of a proper share of the Court’s attention.
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10,422.
Ibrahim v. Canada (Citizenship and Immigration) - 2022 FC 1194 - 2022-08-12
Federal Court DecisionsIn my view, a reasonable and fair-minded person would judge the requirement that he leave Canada and go to a war zone where a dire humanitarian crisis prevails so that he could apply for permanent residence as a misfortune potentially deserving of amelioration. [...] The Respondent emphasizes the Court’s statement in Ndikumana that it would not be unreasonable to find that the applicant will continue to benefit from the ADR applicable to that country and that she will not have to deal with current conditions in Burundi (at para 19).
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10,423.
Oladele v. Canada (Citizenship and Immigration) - 2022 FC 1161 - 2022-08-03
Federal Court DecisionsThe Applicant states that the move to Uganda caused the family a great deal of practical, financial, physical and emotional hardship. [...] [33] Third, the Applicant submits that this Court’s intervention is warranted, and nothing short of the remedy of mandamus compelling the Minister to discharge his duty will ensure the Applicant’s right to the fair processing of his application for permanent residence.
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10,424.
Mitchell v. Academy of Learning Mississauga - 2022 FC 607 - 2022-04-26
Federal Court DecisionsIf the motions to strike are unsuccessful and the matter is properly before the Court, that is the appropriate time to deal with existing and future pleadings. [...] (d) may prejudice or delay the fair trial of the action, d) qu’il risque de nuire à l’instruction équitable de l’action ou de la retarder;
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10,425.
Shah v. Canada (Citizenship and Immigration) - 2022 FC 424 - 2022-03-29
Federal Court DecisionsIn the end, Madam Justice Kane concluded that the officer did not breach the principles of procedural fairness by relying upon his own internet search with respect to the services in Bangladesh that could support their son with autism, did not apply an outdated approach to the H&C determination, and did not fetter his [...] ” The Immigration Officer also sets out at length sections of the website dealing specifically with the nature of the programs and the faculty of 51 teachers and professionals from various disciplines at the school.