11,309 result(s)
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10,451.
Elbit Systems Electro-optics Elop Ltd. v. Selex ES Ltd. - 2016 FC 1129 - 2016-10-11
Federal Court DecisionsI doubt very much that the issues raised today by the defendant in this appeal truly deal with a pure question of law or an extricable legal principle at issue. [...] I am not satisfied that, either on a fair reading of the SOC or at law, the giving of an indemnity is a sine qua non condition of inducement.
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10,452.
Kondur v. The Queen - 2015 TCC 318 - 2015-12-09
Tax Court of Canada Judgments[10] The Respondent has opposed the filing of the Proposed Pleadings on the basis that the Appellants have not complied with various sections of the Rules which deal with pleadings and the Proposed Pleadings are deficient. [...] Amendments to pleadings should generally be permitted, so long as that can be done without causing prejudice to the opposing party that cannot be compensated by an award of costs or other terms, as the purpose of the Rules is to ensure, so far as possible, a fair trial of the real issues in dispute between the parties.
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10,453.
Gaboury v. The Queen - 2015 TCC 235 - 2015-10-01
Tax Court of Canada JudgmentsJustice Auclair acknowledged that the Supreme Court had established the principle that a court dealing with a judicial review should not intervene and that an appropriate remedy is generally to refer the matter back to the Government for reconsideration. [...] Justice Woods found that interest thus paid was interest from property (the property being the right to fair compensation) under the Act and that the meaning of the word “interest” in paragraph 12(1)(c) should not be limited to situations involving the borrowing of money (para. 21).
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10,454.
Mukamusoni v. Canada (Citizenship and Immigration) - 2015 FC 196 - 2015-02-17
Federal Court DecisionsI find it useful to reproduce the following passage from L. Waldman, Immigration Law and Practice (Markham: Butterworths Canada Ltd. 1992) at page 8.10, paragraph § 8.22 which deals with plausibility findings and the impact of documentary evidence that may be before the tribunal: [...] [46] The Court considers that the applicant’s claim that the RPD breached its duty of procedural fairness by issuing a decision six months after the hearing was held is without merit.
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10,455.
1057513 Ontario Inc. v. The Queen - 2014 TCC 272 - 2014-09-12
Tax Court of Canada Judgments[18] Beyond a detailed textual examination, the context of subsection 129(1) is that it appears within Part I of the Act, division F which contains special rules, in this case, dealing with private corporations. [...] a) peut faire ce qui suit : [...] b) doit effectuer le remboursement visé au sous-alinéa a)(iii) avec diligence après avoir envoyé l’avis de cotisation, si le contribuable en fait la demande par écrit [...].
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10,456.
Lippert Music Centre Inc. v. M.N.R. - 2014 TCC 170 - 2014-05-27
Tax Court of Canada JudgmentsThese issues raise the underlying question of whether the Court should assume a paternalistic role of protecting workers from their own acceptance of a position as an independent contractor or a laissez-faire approach that allows payors certainty of contract. [...] Ms. Wickberg in particular was given a great deal of flexibility. She was a member of the Canadian Opera Company (the “COC”).
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10,457.
Gvozdenovic v. Canada (Citizenship and Immigration) - 2013 FC 851 - 2013-08-09
Federal Court DecisionsI do not think that a fair and reasonable reading of the Decision supports that position. [...] IFA is given its own heading, but paragraphs 8 and 9 deal with state protection and make clear and discrete findings on point.
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10,458.
Yusuf v. Canada (Citizenship and Immigration) - 2013 FC 591 - 2013-06-05
Federal Court Decisionsto humanitarian values and the objectives of the IRPA. Moreover, the provisions of an Act are to be interpreted as to ensure the attainment of the object of the said Act and in considering the objectives of the IRPA in respect of refugees, decision makers are to ensure that asylum seekers receive fair consideration. [...] [29] For the reasons that follow, it will not be necessary to deal with the second issue.
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10,459.
Robat Torki v. Canada (Citizenship and Immigration) - 2012 FC 1400 - 2012-11-29
Federal Court DecisionsThe refugee protection claimants also raised two issues related to procedural fairness: (5) a reasonable apprehension of bias and (6) translation errors. [...] According to the applicant, the panel failed to deal with the issue of whether Mohammad could be subject to persecution if the state authorities were to learn that he had rejected Islam.
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10,460.
Canada (Citizenship and Immigration) v. Morel - 2012 FC 1404 - 2012-11-29
Federal Court DecisionsAccording to counsel [translation] “in so far as the new version of section 4 is more onerous, fairness requires the enforcement of the law in effect at the time of the initial decision”. [...] Almost the entire decision deals with Mr. Morel’s intentions. The panel should have considered both parties’ intentions.
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10,461.
Hadaydoun v. Canada (Citizenship and Immigration) - 2012 FC 995 - 2012-08-14
Federal Court Decisions[14] The appeal in this case relates essentially to the determination made by a citizenship judge under section 5 of the Act. The Federal Court has produced a great deal of jurisprudence on these types of decisions, most of which relates to interpretations of the residence requirements. [...] The issues of jurisdiction, procedural fairness and natural justice raised in these appeals are nonetheless reviewed against the correctness standard in accordance with the principles outlined in Dunsmuir.
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10,462.
Nautical Data International, Inc. v. C-Map USA Inc. - 2012 FC 300 - 2012-04-03
Federal Court DecisionsFor this reason, the Federal Courts Rules dealing with summary judgment need to be interpreted and applied in a manner that secures the just, most expeditious and least expensive determination of every proceeding on its merits: Teva Canada Ltd v Wyeth LLC, 2011 FC 1169 at para 30 [Teva]. [...] ou concession consentie par écrit par le titulaire peut, individuellement pour son propre compte, en son propre nom comme partie à une procédure, soutenir et faire valoir les droits qu’il détient, et il peut exercer les recours prévus par la présente loi dans toute l’étendue de son droit, de son titre et de son intérêt.
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10,463.
Jacobsen v. The Queen - 2012 TCC 25 - 2012-01-20
Tax Court of Canada JudgmentsI 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. [...] He kept close control of his financial dealings and had an expertise in the electronic management of such information.
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10,464.
Buckley v. Buhlman - 2012 FCA 9 - 2012-01-11
Federal Court of Appeal Decisionscalculée conformément aux règles de jaugeage prévues à l’annexe I de la Convention internationale de 1969 sur le jaugeage des navires, conclue à Londres le 23 juin 1969, y compris les modifications dont les annexes ou l’appendice de cette convention peuvent faire l’objet, indépendamment du moment où elles sont apportées. [...] [39] I shall deal first with paragraph 29(3)(b) concerning claims of persons carried on board a ship for a commercial or public purpose.
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10,465.
Choudry v. Canada (Citizenship and Immigration) - 2011 FC 1406 - 2011-12-02
Federal Court DecisionsIt also noted that Greece is a democracy, has civilian authorities which maintain control of the security forces, and has a fair and independent judiciary. [...] Item 3.1 thereof deals with this issue, and the Panel cannot find, on a balance of probabilities, that the claimant is a citizen of Bangladesh.
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10,466.
Hernandez Febles v. Canada (Citizenship and Immigration) - 2011 FC 1103 - 2011-09-27
Federal Court Decisions[30] The fettering of discretion, which the Applicant also raises, is a matter of procedural fairness, reviewable on the standard of correctness (Khosa at para 43). [...] . . . The exclusion deals with denial of refugee protection. Protection remains available, though subject to considerations of public safety and security of Canada.
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10,467.
Kgaodi v. Canada (Citizenship and Immigration) - 2011 FC 957 - 2011-07-28
Federal Court DecisionsThere are free and fair elections and a relatively independent and impartial judiciary. [...] The Applicant’s Personal Information Form narrative (PIF) never says that the husband was charged or arrested; he was simply told to go home and deal with the matter there.
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10,468.
Medica v. Canada (Citizenship and Immigration) - 2011 FC 927 - 2011-07-25
Federal Court DecisionsHis conduct at the hearing may raise questions as to whether he appreciated the Chairperson’s Guideline on Procedures with Respect to Vulnerable Persons Appearing Before the IRB and, in particular, Section 4 dealing with procedural accommodation. [...] [23] After dismissing the recusal motion, Member McSweeney continued with his questioning of the applicant; however, when he suggested that the applicant shared the personal details of her assaults with a stranger (the psychologist), Mr. Munro again objected saying that this was not a fair question.
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10,469.
Winifred v. Canada (Citizenship and Immigration) - 2011 FC 827 - 2011-07-08
Federal Court DecisionsHowever, systems for investigating police misconduct exist, and though in practice these are too often a charade, especially when dealing with extra-judicial killings by the police, they nevertheless result in police officers being disciplined and dismissed ... [...] The collapse of the persecutory regime, coupled with the holding of genuinely free and democratic elections, the assumption of power by a government committed to human rights, and a guarantee of fair treatment for enemies of the predecessor regime by way of amnesty or otherwise, is the appropriate indicator of a meaningful
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10,470.
Bailey v. The Queen - 2011 TCC 233 - 2011-04-28
Tax Court of Canada Judgments[1] The three Appellants have brought motions to strike the Respondent’s Replies to their Notices of Appeal on the basis that the Replies do not disclose any reasonable ground for opposing the appeal or, alternatively, will prejudice or delay the fair hearing of the appeal. [...] Paragraph 12 of this memorandum deals with the zero‑rating of drugs that contain a substance included in the Narcotics Control Regulations.
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10,471.
Friends of the Canadian Wheat Board v. Canada (Attorney General) - 2011 FCA 101 - 2011-03-16
Federal Court of Appeal Decisions[6] Sections 5, 6, 7 and 8 of the Regulations deal with the right to vote at the election of the CWB members and the inclusion of eligible voters in the voters list. [...] b) le paiement des frais afférents à la tenue de l’élection qu’elle a engagés ou qui l’ont été en son nom, y compris les frais qu’elle a autorisés quant à la préparation, l’impression et la diffusion de la documentation électorale destinée à faire connaître les candidats.
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10,472.
Le Massif Inc. v. Station touristique Massif du sud (1993) Inc. - 2011 FC 118 - 2011-02-02
Federal Court Decisions(7) Il est fourni, de la manière prescrite, à l’opposant et au requérant l’occasion de soumettre la preuve sur laquelle ils s’appuient et de se faire entendre par le registraire, sauf dans les cas suivants : [...] . . . The Respondent submits it is settled law that there is no jurisdiction to deal with an issue not found in a Statement of Opposition and this Court does not have jurisdiction to entertain issues that were not raised before the Board (McDonald’s Corp. v. Coffee Hut Stores Ltd., (1994), 76 F.T.R. 281, 55 C.P.R. (3d) 463,
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10,473.
Apotex Inc. v. Pfizer Ireland Pharmaceuticals - 2010 FC 968 - 2010-09-28
Federal Court DecisionsThrough such a process, this is a fairly clear indication that these issues must be of a limited or preliminary nature. [...] Patent litigation is already complex, in this Court and in every court that deals with patents.
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10,474.
Welch v. The Queen - 2010 TCC 449 - 2010-08-27
Tax Court of Canada JudgmentsHe testified that Cactus Cowboys provided him with advice relating to such issues as the interface between accident benefits under the Ontario legislation and amounts that were required to be paid by the tortfeasor's insurance company, how to deal with situations where there were no claims under the legislation, and how to [...] [55] The Appellant testified that it was not "fair" for Cactus Cowboys to retain 100% of the fees and disbursements billed to his Ontario clients.
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10,475.
Peer v. Canada (Citizenship and Immigration) - 2010 FC 752 - 2010-07-19
Federal Court Decisions[7] On May 5, 2008, the High Commission sent that applicant a procedural fairness letter informing him that there may be reasonable grounds to believe that he was inadmissible for security reasons and inviting him to make further submissions before a final decision was made. [...] [45] It is submitted that the question is a serious one of general importance as it raises a question of the proper interpretation of subsection 43(1)(a) of the Act. It is submitted that the decision in Qu did not deal with the situation at hand, namely where the applicant has no hostile intent to those who are the target