11,309 result(s)
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10,476.
Abbasi v. Canada (Citizenship and Immigration) - 2010 FC 288 - 2010-03-12
Federal Court DecisionsA marriage is a union between two individuals, and where suspicion exists as to the genuineness of the union because an expected standard of conduct is not met, to fairly and properly deal with the suspicion, the evidence of each individual must be carefully considered.
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10,477.
Tzeachten First Nation v. Canada (Attorney General) - 2009 FCA 337 - 2009-11-19
Federal Court of Appeal Decisions[8] Chief Hall also deposes that the Tzeachten tabled a proposal, based on their position that the CFB Chilliwack land had originally been set aside for them as IR 13 and 14, that the Crown buy the CFB Chilliwack land from them at fair market value. [...] The position of the Tzeachten is that the Crown was obliged to engage in further consultations with them after 2000 and before dealing with any of the land that was subject to the two-year hold period.
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10,478.
Granaas v. The Queen - 2009 TCC 547 - 2009-10-26
Tax Court of Canada JudgmentsIndeed, “fairness and realism” have never been the governing criteria for the interpretation of taxing statutes. [...] [27] For non-resident taxpayers, superannuation income does not constitute income from employment pursuant to subsection 115(1)(a)(i) of the Act, which deals with incomes from the duties of offices and employments performed by an non‑resident in Canada.
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10,479.
A. B. v. Canada (Citizenship and Immigration) - 2009 FC 325 - 2009-03-27
Federal Court Decisions(b) the salutary effects of the confidentiality order, including the effects on the right of civil litigants to a fair trial, outweigh its deleterious effects, including the effects on the right to free expression, which in this context includes the public interest in open and accessible court proceedings. [...] [17] Counsel for the applicant took me to the US Department of State Country Reports on Human Rights Practices dealing with the Islamic Republic of Iran and released on the 11th of March, 2008.
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10,480.
Carr v. Canada - 2008 FC 1416 - 2008-12-29
Federal Court DecisionsThe expectation that evidence of mental illness comes to the courtroom without co morbid factors (which will be discussed below), and with a clean and unqualified rigid diagnosis is not realistic or fair to claimants. [...] I do find, therefore, that Mr. Carr is entitled to $12,000.00 exclusive of costs for pain and suffering and for damages as he continues to deal with symptoms of PTSD, albeit mild at this point.
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10,481.
Jozsefne v. Canada (Public Safety and Emergency Preparedness) - 2008 FC 1411 - 2008-12-23
Federal Court DecisionsIt deals only with various possible scenarios. As well, this letter, intended to be a medical assessment, is odd considering that the physician goes so far as to refer to the father’s situation in Canada (He’s legally residing and working in Canada). [...] This is not simply a question of administrative convenience, but implicates the integrity and fairness of, and public confidence in, Canada’s system of immigration control.
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10,482.
Manivannan v. Canada (Citizenship and Immigration) - 2008 FC 1392 - 2008-12-17
Federal Court Decisions[50] At the hearing of this matter, there was indication from Respondent’s counsel that everything was in place for a decision to be made and that a decision could be expected in the fairly near future. [...] [54] The Court recognizes that time was required to investigate the husband’s admissibility, particularly from the aspect of security, and that background checks needed to be made, but my review of the record suggests illogical and unnecessary delays in dealing with the Applicant’s PIF and in not making it clear to the
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10,483.
Somodi v. Canada (Citizenship and Immigration) - 2008 FC 1356 - 2008-12-05
Federal Court Decisions6. Whether, in all the circumstances, the Applicant was denied a fair hearing (consideration)? [...] 21 Section 72 of IRPA deals with applications for judicial review. Subsection 72(1) states that not application can be made until any right of appeal provided by the Act is exhausted:
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10,484.
Lotech Medical Systems Limited v. Kinetic Concepts Inc. - 2008 FC 1195 - 2008-10-24
Federal Court DecisionsI will deal with these objections below. [5] I begin with the following facts that are undisputed and set the background for the motion. [...] If a litigant could achieve an undeserved tactical advantage over the opposing party by bringing a disqualification motion or seeking other "ethical" relief using "the integrity of the administration of justice" merely as a flag of convenience, fairness of the process would be undermined.[10]
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10,485.
Campbell v. Electoral Canada - 2008 FC 1080 - 2008-09-25
Federal Court DecisionsAccordingly, the supplementary material must not deal with evidence that could have been made available at the time the initial affidavits were filed, unless its relevance could not have been anticipated at that time (Atlantic at para. 9; Pfizer Canada Inc. v. Canada (Minister of Health), [2007] 2 F.C.R. 371 at paras. [...] [27] Thus, it is fair to say that each case will involve a different weighing depending on the individual circumstances before the decision maker (Solvay Pharma Inc. v. Apotex Inc., [2007] F.C.J. No.1190 (QL) at para. 12, 2007 FC 913).
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10,486.
Gill v. The Queen - 2008 TCC 473 - 2008-09-01
Tax Court of Canada JudgmentsRelations Law of the State of New York, and in view of the other terms, conditions and provisions of this Agreement, it is fair and equitable to modify the aforesaid past due child support obligations and arrears so that same is herein modified to be reduced to the present sum of $100,000.00 United States currency. [...] I do not have to decide whether there is any difference between the liability for past due arrears and the liability for future payments of maintenance as this appeal deals only with past due arrears.
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10,487.
Kanavaros v. The Queen - 2008 TCC 254 - 2008-05-22
Tax Court of Canada Judgments[15] He identified a letter dated February 23, 2006 from himself to ICBC in which he indicated the difficulties in determining what monies were still owing by ICBC to Autotek and indicated that he had taken it upon himself to deal with this particular issue. [...] [50] The Court should do what is fair. He did everything that he could.
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10,488.
Burley v. Canada (Attorney General) - 2008 FC 525 - 2008-04-22
Federal Court DecisionsMr. Burley's submissions challenge only the decision of the ADM and do not expressly deal with the decision of the TBS. The Attorney General argues to uphold the decision of the TBS. In oral argument, counsel for the Attorney General asserts that any comments made by the ADM in her reasons, other than her conclusion that [...] a) La rémunération de base versée pour l’accomplissement des fonctions normales d’un poste dans la fonction publique, y compris les allocations, les rémunérations spéciales ou pour temps supplémentaire ou autres indemnités et les gratifications qui sont réputées en faire partie en vertu d’un règlement pris en application de
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10,489.
Canada (National Revenue) v. Lachapelle - 2007 FC 1161 - 2007-11-09
Federal Court Decisionsb) que le tiers se présente, aux date, heure et lieu précisés, pour faire valoir les raisons pour lesquelles il ne devrait pas payer au créancier judiciaire la dette dont il est redevable au débiteur judiciaire ou la partie de celle-ci requise pour l’exécution du jugement. [...] Therefore, when Marco Gagnon testifies and says that Robert Landry came close to “breaking the deal”, he was referring to Robert Landry’s incompetence in the tasks that he had to perform as an Animation JL Inc. employee and talking about Pierre Lachapelle’s dissatisfaction with Robert Landry.
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10,490.
Parrish & Heimbecker Limited v. Canada - 2007 FC 789 - 2007-07-27
Federal Court Decisions[17] The leading authority dealing with extensions of time under section 18.1(2) of the Act is Grewal v. Canada, (Minister of Employment and Immigration), [1985] F.C.J. No. 144 (F.C.A.), [1985] 2 F.C. 263. [...] 2006, I do not think that its cause of action should be defeated simply because of its incorrect choice of process and I do not think that its conduct in that regard can be fairly described as reckless or indifferent as those terms were used in McGill v. Minister of National Revenue (1985), unreported F.C.A. A-876-84.
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10,491.
Transport Ronado Inc. v. Canada - 2007 FC 166 - 2007-02-14
Federal Court Decisions[52] I would now like to briefly deal with the plaintiff’s factual submissions to the effect that the application for refund had been mailed on February 13, 2003, that is, before the February 17, 2003 deadline, and that the delays which led to the Minister’s physically receiving said document on March 11, 2003, were not [...] [59] There is no doubt that the plaintiff’s claim may inspire sympathy for reasons of fairness, but a State has the inalienable power to legislate from time to time to modify the rights of taxpayers, and taxpayers who have or believe that they have legitimate rights also have a responsibility to make their intentions known
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10,492.
Husband v. Canadian Wheat Board - 2006 FC 1390 - 2006-11-16
Federal Court Decisionsb) transporter ou faire transporter d’une province à une autre du blé ou des produits du blé appartenant à d’autres personnes; [...] [29] In closing I would observe, as many other courts have done in dealing with legal challenges to the Act and the policies of the CWB, that what seems to be at issue are the political and economic wisdom of Canada’s grain marketing scheme.
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10,493.
Distrimedic Inc. v. Dispill Inc. - 2006 FC 832 - 2006-06-29
Federal Court Decisions[12] We will begin our analysis of the motion under review by first dealing with the motion for particulars sought by Distrimedic. [...] Both parties are entitled to fair notice of the case which they are bound to meet so that they may procure evidence relevant to the issues disclosed by the pleadings.
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10,494.
Flanders Filters Inc. v. Trade Mark Reflections Ltd. - 2006 FC 145 - 2006-02-07
Federal Court Decisions[6] Prior to the hearing of this appeal, the Court issued a direction to counsel for Flanders requesting that at the hearing of the appeal counsel be prepared to deal with two decisions of the Trade-marks Opposition Board: MCI Communications Corp. v. MCI Multinet Communications Inc. (1995), 61 C.P.R. (3d) 245; and Dynatech [...] 50(3) Sous réserve de tout accord encore valide entre lui et le propriétaire d'une marque de commerce, le licencié peut requérir le propriétaire d'intenter des procédures pour usurpation de la marque et, si celui-ci refuse ou néglige de le faire dans les deux mois suivant cette réquisition, il peut intenter ces procédures
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10,495.
9058-3956 Québec Inc. v. Canada (Public Safety and Emergency Preparedness) - 2006 FC 4 - 2006-01-04
Federal Court DecisionsThe plural form was also used in the section dealing with persons from whom a notice of waiver is required. [...] (...) Qui peut faire une demande 5. Vous pouvez présenter une demande de drawback, si vous êtes l’importateur, l’exportateur, le transformateur, le propriétaire ou le fabricant des marchandises qui ont été exportées hors du Canada et dont les droits ont été acquittés au moment de l’importation.
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10,496.
Canada (Attorney General) v. Campbell - 2005 FCA 420 - 2005-12-09
Federal Court of Appeal DecisionsHowever, fairness would seem to require that, if the mother claims the CCTB and the father makes submissions in an attempt to establish that he is the primary caregiver, the Minister should not find in favour of the father without giving her an opportunity to respond. [...] [44] Consequently, I need not deal separately with the argument that paragraph 122.6(f) is invalid because it also denies women the right to equality under the law.
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10,497.
Bird v. The Queen - 2005 TCC 744 - 2005-11-29
Tax Court of Canada Judgments. . . . . . While the subsection does not say so explicitly, it is fair to infer that Parliament intended, by section 8, to sweep in payments, distributions, benefits and advantages that flow from a corporation to a shareholder by some route other than the dividend route and that might be expected to reach the shareholder
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10,498.
Alibhai v. The Queen - 2005 TCC 574 - 2005-08-26
Tax Court of Canada Judgments11. On May 20, 2004, the Appellant's accountant sent a letter to the CCRA Fairness Committee, appealing the April 29 Notice of Assessment as unfair and punitive. [...] This results, however, from delay by the Board in dealing with her claim.
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10,499.
Falls Management Co. v. Canada (Minister of Health) - 2005 FC 924 - 2005-06-30
Federal Court DecisionsIn that respect, the provisions dealing with "promotion" are a key feature of the Act. They are found in Part IV, the relevant portion of which reads as follows: [...] 19. Il est interdit de faire la promotion d'un produit du tabac ou d'un élément de marque d'un produit du tabac, sauf dans la mesure où elle est autorisée par la présente loi ou ses règlements.
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10,500.
Pieces d'autos usagées RTA (1986) Inc. v. Canada - 2005 FC 771 - 2005-05-31
Federal Court DecisionsThe same standard has been applied in appeals of CIT decisions dealing with anti-dumping legislation: 2703319 Canada Inc. (c.o.b. VWV Enterprises) v. Canada (Deputy Minister of National Revenue) (1999), 250 N.R. 381; Specialized Vicycle Components Canada Inc. v. Canada (Deputy Minister of National Revenue), [2000] F.C.J. [...] I also rely upon s. 10 of the Interpretation Act, R.S.O. 1980, c. 219, which provides that every Act "shall be deemed to be remedial" and directs that every Act shall "receive such fair, large and liberal construction and interpretation as will best ensure the attainment of the object of the Act according to its true