11,309 result(s)
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10,551.
Canada (Citizenship and Immigration) v. B272 - 2013 FC 870 - 2013-08-15
Federal Court DecisionsIn particular, she observed that Sri Lanka is not an electoral democracy and power is concentrated in the hands of a president whose latest election was not deemed to be either fair or free. [...] I am aware that Justice Harrington has certified a serious question relating to the applicable standard of review in related cases dealing with successful MV Sun Sea claimants: see Canada (Minister of Citizenship and Immigration) v B472, 2013 FC 151; Canada (Minister of Citizenship and Immigration) v B323, 2013 FC 190; [...] This is made even clearer by the fact that she speaks of his involvement with the SLA; since the Respondent has never been a member or an associate of the SLA, she could only be referring to his dealings with the SLA when he was considered a suspect.
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10,552.
Canada (Attorney General) v. Meredith - 2013 FCA 112 - 2013-04-26
Federal Court of Appeal DecisionsIn the first place, it confirms the Treasury Board’s decision to unwind a previous agreement and second, it restricts the manner of dealing with a particular issue in future agreements. [...] ii) required the vehicle for dealing with members’ collective concerns to be structurally independent of management. [...] In their entirety, these proposals represent a way of balancing the needs of government’s economic restraint policy with the maintenance of fair RCMP remuneration to ensure sufficient attraction and retention of high quality public safety employees.
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10,553.
Advanced Agricultural Testing Inc. v. The Queen - 2009 TCC 190 - 2007-04-13
Tax Court of Canada JudgmentsDr. Koots has a Ph.D. from the University of Guelph, where his thesis was the construction of a bioeconomic model of a beef herd, dealing with the many facets of beef production. [...] Nor did they produce a written contract between Dr. Bateman and the appellant dealing with the division between them of either the work or the fee for this trial. [...] It has no power to change them, or to declare them inapplicable in the circumstances of particular cases, on grounds of fairness or equity.
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10,554.
Mercury Launch & Tug Ltd. v. Texada Quarrying Ltd. - 2006 FC 464 - 2006-04-10
Federal Court Decisions[4] But before getting any further into the issues to be determined, it is important to note that the parties agreed that the trial would only deal with liability issues and that the damages, if necessary, would be later determined by reference. [...] In fact, the evidence is that they were all new or fairly new and in good order. [...] [138] In my view, this is a clear application of the general principle set out in classic cases dealing with the common law duty of a port/berth owner such as "The Moorcock" (1889) 14 PD 64, The Grit (1924) P. 246.
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10,555.
Harkat v. Canada (Citizenship and Immigration) - 2008 FC 198 - 2006-02-18
Federal Court Decisions[7] These reasons now deal with: • The request of the Ministers that Mr. Harkat be incarcerated, that monies paid into Court under the release order be paid to Her Majesty, and that certain performance bonds posted pursuant to the terms of the release order, as amended, be forfeited to Her Majesty because Mr. Harkat [...] [31] Turning to the Ministers' motion, I propose to deal with it as follows: (a) whether paragraph 6 of the release order was breached; (b) if so, what is the severity of the breach; and (c) what, if any, consequences should flow from the breach. [...] [37] The evidence with respect to Ms. Brunette's involvement at the residence is fairly straightforward.
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10,556.
Schut v. Canada (Attorney General) - 2003 FC 1323 - 2003-11-10
Federal Court Decisions26. The Board has full and exclusive jurisdiction to hear, determine and deal with all appeals that may be made to the Board under section 25 or under the War Veterans Allowance Act or any other Act of Parliament, and all matters related to those appeals. [...] [33] The decision of Teitelbaum J. dealing with s.s. 3 and 10(5) of the Veterans Appeal Board Act, in Tonner v. Canada (Minister of Veterans Affairs), [1995] F.C.J. No. 550 (Fed. T.D.) further supports the Respondent's argument: [...] As well, Stein, supra, is distinguishable because it deals with the reversal of previous findings, not the replacement of silence with new findings.
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10,557.
Glaxosmithkline Inc. v. Apotex Inc. - 2003 FCT 687 - 2003-05-30
Federal Court Decisions9. The original patent dealing with the medicine paroxetine was U.S. Patent, No. 4,007,196 (the "'196 US patent"). [...] (b) Adherence to the language of the claims in turn promotes both fairness and predictability. [...] Gibson J. reached essentially the same conclusion in his decision dealing with similar language contained in the '060 patent.
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10,558.
9000-6560 Québec inc. v. The Queen - 2001-01-24
Tax Court of Canada JudgmentsMr. Duchesneau said that he preferred dealing with Mr. Picard because he could obtain a better price for his vehicles. [...] We pointed out to them [the tax authorities] that our members should not have to pay the price for abuses committed by native or other persons who deal in vehicles without car dealers knowing about it. [...] It is, of course, the general rule that every party to litigation in this Court must plead the facts upon which he relies in such a way as to put his opponent fairly on notice of the case he has to meet.
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10,559.
Reference re Marine Transportation Security Regulations (CA) - 2009 FCA 234 - 2009-07-21
Federal Court of Appeal DecisionsIn my view, because section 8 deals specifically with the protection of privacy from unreasonable search and seizure, this concern is not appropriately considered under section 7. [...] Reconsiderations of negative decisions are undertaken by the Minister pursuant to section 517, on the basis of a fair and participatory process and with the advice of experts in security. [...] b) une vérification des dossiers pertinents des organismes chargés de faire respecter la Loi, y compris les renseignements recueillis dans le cadre de l’application de la Loi;
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10,560.
Brass v. Key First Nation - 2024 FC 1074 - 2024-07-09
Federal Court Decisions10 Le président doit faire régner l’ordre et décider de toute question de procédure. [...] Procedural fairness requires no less. Notice was not given to Councillor Reece who testified to that effect. [...] [27] For good measure, it is argued that not being duly convened renders the meeting afoul of the principle of procedural fairness, which of course includes natural justice.
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10,561.
Google LLC v. Canada (Privacy Commissioner) - 2023 FCA 200 - 2023-09-29
Federal Court of Appeal DecisionsParliament, is mandated to oversee compliance with PIPEDA. Section 11 of the Act authorizes an individual to file with the Commissioner a written complaint against an organization for contravening, among other things, a provision of Division 1 of Part 1 of the Act, which deals with the protection of personal information. [...] an activity should qualify as journalism only where its purpose is to (1) inform the community on issues the community values, (2) it involves an element of original production, and (3) it involves a “self-conscious discipline calculated to provide an accurate and fair description of facts, opinion and debate at play within [...] [F]irst, Google makes information universally accessible, which is much broader than informing a community about issues the community values; second, Google does not create or produce anything—it only displays search results; and third, there is no effort on the part of Google to determine the fairness or the accuracy of
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10,562.
Gemak Trust v. Jempak Corporation - 2020 FC 644 - 2020-05-26
Federal Court DecisionsThus, it is important that the patent system—and in particular, the scope of patent protection—be fair as well as predictable in its operation. [...] This is a surprising statement coming from an expert who apparently had no difficulty expressing a definitive opinion about encapsulation when dealing with the issue infringement by Jempak. [...] I am left with the conclusion that Dr. Frankenbach failed to provide fair, objective and non-partisan opinions, which ended up tainting her entire evidence.
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10,563.
Canada v. Callidus Capital Corporation - 2017 FCA 162 - 2017-07-27
Federal Court of Appeal Decisionsb) ne pas faire partie du patrimoine ou des biens de la personne à compter du moment où le montant est perçu, que ces biens aient été ou non tenus séparés de ses propres biens ou de son patrimoine et qu’ils soient ou non assujettis à un droit en garantie. [...] In the case of a non-arms’ length transfer, the event is the transfer of property for less than fair market value, while in the garnishment context the crystallizing event is service of a “requirement to pay” (RTP) notice. [...] b) ne pas faire partie du patrimoine ou des biens de la personne à compter du moment où le montant est perçu, que ces biens aient été ou non tenus séparés de ses propres biens ou de son patrimoine et qu’ils soient ou non assujettis à un droit en garantie.
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10,564.
Interbox Promotion Corp. v. 9012-4314 Québec Inc. - 2003 FC 1254 - 2003-10-27
Federal Court DecisionsGiven that ESPN 2 had already entered into "package deals for trading content" with TSN and RDS (two Canadian specialty programming services), the plaintiff therefore wanted to be certain that its written agreement with ESPN 2 would have precedence. [...] They were, however, able to give a fairly accurate description of the premises and of the outdoor parking lot. [...] [...] (6) Il est entendu que la cession du droit d'action pour violation du droit d'auteur est réputée avoir toujours pu se faire en relation avec la cession du droit d'auteur ou la concession par licence de l'intérêt dans celui-ci.
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10,565.
Sir Wynne Highlands Inc. v. The Queen - 2000-01-28
Tax Court of Canada JudgmentsWhile one can readily sympathize with the Appellant's dilemma, this Court has no authority to allow the appeal from the imposition of GST on the basis of fairness in order to compensate for the "double payment of tax". [...] No such material was forthcoming although it would seem that a good deal of information might have been available to the Appellant, such as building inspector's reports, Hudac inspection dates and reports, etc. [...] later of the time the construction or substantial renovation is substantially completed and the time possession of the complex is so given to the particular person or the complex is so occupied by the builder, tax under this Division in respect of the supply, calculated on the fair market value of the complex at that time.
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10,566.
Tunda v. Canada (Citizenship and Immigration) - 1999-06-11
Federal Court DecisionsIt is therefore unnecessary for the purposes of the case at bar to deal with all the points raised by the applicant in detail. [...] The new method of redistributing seats throughout Canada is fair because it ensures that the proportion of seats and proportion of population of each province does not significantly deviate from the present situation. [...] First, it limits increases in membership in the House of Commons to levels as moderate as are fair and practical.
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10,567.
Oceanex Inc. v. Canada (Transport) - 2018 FC 250 - 2018-03-07
Federal Court DecisionsPart II of the CTA deals with air transportation, including the issuance, suspension or cancellation of licences. [...] (c) each carrier “as far as is practicable” was to receive only “fair and reasonable compensation” for the services it was to provide. [...] It also generally extends to other forms of transportation under Part V, which deals with undue barriers to transportation for persons with disabilities.
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10,568.
Sifto Canada Corp. v. The Queen - 2017 TCC 37 - 2017-03-10
Tax Court of Canada Judgments[15] Since 1939, the Act has included provisions under which a Canadian taxpayer may be reassessed to include in his Canadian income the difference between the price paid for a property or service to a non-resident with whom he does not deal at arm’s length and the price he would have paid had he be [sic] dealing at arm’s [...] Identifying the fair market value of a transaction between related corporations is the underlying principle in transfer pricing. [...] It entails a comparative exercise with what parties dealing at arm’s length would have considered.
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10,569.
Apotex Inc. v. Sanofi-Aventis - 2014 FCA 68 - 2014-03-14
Federal Court of Appeal DecisionsI am striving to be reasonable and fair – I cannot achieve perfection. [...] Further, while not enough of a point on its own, it can fairly be said that, far from increasing litigation, permitting Zodiac to rely on the amendment of the Patent, would serve to put an end to the assessment. [...] [107] Nevertheless, a methodology which strives to compensate adequately and fairly the generic manufacturers must be preferred over one that almost unavoidably leads to windfalls.
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10,570.
Bombardier Recreational Products Inc. v. Arctic Cat, Inc. - 2020 FC 691 - 2020-06-15
Federal Court Decisionsa) l'objet de la modification est de faire concorder le document avec les questions en litige à l'audience; [...] [147] The market share analysis proceeds from a fairly simple proposition. [...] It would be puzzling why AC would not have made adequate plans to deal with the injunction.
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10,571.
Jaballah (Re) - 2010 FC 507 - 2010-05-11
Federal Court DecisionsThus, the Ministers submit that it is premature to deal with issues of removal at this time. [...] [29] I accept the submissions of the Ministers that it is premature to deal with issues relating to removal at this time. [...] I will deal with the constitutional exemption issue later. [52] She went on to submit that:
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10,572.
Western Canada Wilderness Committee v. Canada (Environment and Climate Change) - 2024 FC 870 - 2024-06-07
Federal Court Decisions(2) Le ministre compétent est tenu de faire la recommandation s’il estime que l’espèce est exposée à des menaces imminentes pour sa survie ou son rétablissement. [...] (3) Avant de faire la recommandation, il consulte tout autre ministre compétent. [...] [62] For the Court of Appeal, the obligation made by s 82 for the Minister to recommend that an emergency order be repealed when the imminent threat no longer exists “clearly demonstrate once again that the objective is to deal with a precarious situation which requires an immediate response, and not to encroach on
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10,573.
Çolakoğlu Metalurji A.S. v. Altasteel Inc. - 2024 FC 831 - 2024-05-31
Federal Court Decisions[36] Dealing with the first ground, one must distinguish between a re‐investigation which is in the nature of an inquiry process, and a re‐determination which is a decision that may result from that inquiry process. [...] [28] It is clear, however, that the grounds of appeal available under SIMA are broad and include issues of procedural fairness (Toyota, above; Spike Marks, above). [...] d’une ordonnance d’un office fédéral, rendue à tout stade des procédures, cette décision ou cette ordonnance ne peut, dans la mesure où elle est susceptible d’un tel appel, faire l’objet de contrôle, de restriction, de prohibition, d’évocation, d’annulation ni d’aucune autre intervention, sauf en conformité avec cette loi.
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10,574.
Serimbetoz v. Canada (Immigration, Refugees and Citizenship) - 2022 FC 1130 - 2022-07-28
Federal Court DecisionsThe refusal letters issued with respect to the reconsideration simply state that no error in fact, law or procedural fairness occurred. [...] In a November 28, 2013 meeting of the Standing Committee on Citizenship and Immigration, the IRCC Minister noted that the Program is aimed at “ensuring that entrepreneurs [...] are cleared to become a permanent resident once they do a deal with a venture capital partner, an angel investor, or an incubator. [...] (2) L’entreprise qui ne satisfait pas aux exigences prévues aux alinéas (1)a) à c) est néanmoins une entreprise admissible si le demandeur a l’intention, après s’être vu délivrer un visa de résident permanent, de faire en sorte que l’entreprise satisfasse à ces exigences.
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10,575.
Mafoumba v. Canada (Citizenship and Immigration) - 2021 FC 1325 - 2021-11-30
Federal Court DecisionsInstead, the RAD deals with other issues whose relevance to the admissibility of the evidence on appeal is questionable. [...] They demonstrate that the arguments were considered and that the decision is fair: It is not arbitrary (Vavilov, para. 79). [...] It follows that the provision of reasons for an administrative decision may have implications for its legitimacy, including in terms both of whether it is procedurally fair and of whether it is substantively reasonable.