11,309 result(s)
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10,576.
Weatherley v. Canada (Attorney General) - 2021 FCA 158 - 2021-07-29
Federal Court of Appeal DecisionsAs the Appeal Division found, this was a severe breach of procedural fairness: see also Taypotat at paras. 25-27 and R. v. Mian, 2014 SCC 54, [2014] 2 S.C.R. 689 (a discussion of courts raising new issues but equally applicable to administrative decision-makers in this context). [...] Under the Charter, courts, “firmly grounded in the discipline of the common law methodology”, deal “only with the challenge the Charter challengers have advanced and...the evidence the parties have offered concerning that challenge”: MacKay v. Manitoba, [1989] 2 S.C.R. 357, 61 D.L.R. (4th) 385 at 363 S.C.R.; Danson v. [...] Parliament could have achieved its objective of ensuring a fair distribution of survivor benefits that reflected the insurance purpose of the Canada Pension Plan by limiting entitlement to only the most recent spouse or to the spouse with the smallest retirement pension.
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10,577.
Hutton v. Sayat - 2020 FC 1183 - 2020-12-22
Federal Court Decisionscontain information which might directly or indirectly enable the moving party to advance its own case or to damage the case of its adversary, or which might fairly lead the moving party to a train of inquiry that could have either of these consequences; and (iii) that the opposing party has them in its power, possession [...] To determine whether a document sought is relevant, the Court must consider the “train of inquiry test” – namely, whether it is reasonable to suppose that the document sought may directly or indirectly enable the party requiring production to advance his own case or to damage the case of his adversary, or which might fairly [...] This judge has fifteen years of experience in dealing with matters relating to national security as well as related prior legal experience.
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10,578.
Glaxosmithkline Biologicals S.A. v. Canada (Health) - 2020 FC 397 - 2020-04-07
Federal Court DecisionsIs that fair? A. I think the context of this paragraph is in line with the position that the key ingredient in a vaccine to excerpt the desired effect is the antigen. [...] 125 Q. So the ASO1B Adjuvant System in SHINGRIX, it is fair to say, increases the body’s immune response to the gE antigen? [...] [18] It is clear that the origins of Canada’s CSP legislative regime lie in Chapter 20 of the Canada-European Union Comprehensive Economic Trade Agreement [CETA] dealing with supplementary patent-like protection for certain eligible pharmaceutical patents.
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10,579.
Brake v. Canada (Attorney General) - 2019 FCA 274 - 2019-11-04
Federal Court of Appeal DecisionsBut Rule 334.18(a) explicitly states that this is not a reason to deny certification and Rules 334.26 and 334.27 establish a process specifically for dealing with such determinations. [...] (i) first, whether the class proceeding would be a fair, efficient and manageable method of advancing the claim; and [...] [94] The central issue here is whether the proposed representative plaintiff/applicant would fairly and adequately represent the interests of the proposed class.
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10,580.
632738 Alberta Ltd. v. The Queen - 2019 TCC 225 - 2019-10-17
Tax Court of Canada Judgments[69] 632 submits that its situation is indistinguishable from any of the parties in other cases dealing with the scope of waiver in the context of an interlocutory application. [...] [72] In Hryniak, the Court observed that, “summary judgment rules are to be interpreted broadly favoring proportionality and expediency” and “a summary judgment is to be granted where the record enables a motions judge to reach a fair and just determination on the merits”. [...] However, an approach that circumscribes the manner in which evidence is introduced is not conducive with a fair and just determination on the merits.
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10,581.
2763478 Canada Inc. v. Canada - 2018 FCA 209 - 2018-11-15
Federal Court of Appeal Decisions[8] First, on January 4, 2005, Mr. Jobin transferred to the appellant, by rollover pursuant to subsection 85(1) of the ITA, the 11,143,607 common shares he held in Groupe AST. At that time, these shares had an adjusted cost base (ACB) of $341,413 and a fair market value (FMV) of $11,143,600. [...] Dealing with the series of transactions, the appellant submits that the primary purpose behind the incorporation of 9144 was to allow for the growth of the amounts obtained from the sale of the shares in Groupe AST to take place in a new entity which would use them as investment funds (Appellant’s Memorandum, paragraphs 48 [...] By operation of these rules, specifically subsections 13(1) and 20(16), any depreciation that is either excessive or insufficient by reason of these approximate percentages is eventually recaptured or deducted as a terminal loss based on the true value of the property— i.e.: its fair market value.
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10,582.
Joly v. Gadwa - 2018 FC 746 - 2018-07-17
Federal Court Decisions[23] These reasons deal with the results of the hearing ordered by Justice Martineau. [...] While Councillor Badger had a fairly specific recollection of the Order of Justice Zinn, and knew Justice Zinn’s Order had expired, he could only say he had “a recollection” of the November 10 Order. [...] [60] In post-hearing submissions, counsel for the Respondents, fairly in my view, conceded that: “Mr. Gadwa continued to hold himself out as a councillor at a November 29, 2017 meeting and a January 31, 2018 meeting.” Mr. Gadwa’s counsel submits this demonstrates her client’s misunderstanding of the November 10 Order’s
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10,583.
Best v. Canada (Attorney General) - 2017 FC 1145 - 2017-12-14
Federal Court Decisions[63] The issue before the Court on the application for judicial review is not to find whether Justice Shaughnessy engaged in misconduct, but rather whether the ED of the CJC made a reviewable error in holding that the CJC had no jurisdiction to deal with the complaint [see Taylor v. Canada (Attorney General), [1997] F.C.J. [...] appellate review and not the filing of a complaint with the CJC. In Chiang, the Court of Appeal restored the original seven-day sentence imposed by Justice Farley, finding that the Chiangs had not had fair notice that they faced a term of imprisonment greater than seven days for their continued contempt (see paras 93-103). [...] Similarly, even if the Applicant in this case may have faced an increased sentence without fair notice, the proper remedy was appellate review and not the filing of a complaint with the CJC.
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10,584.
Canadian Union of Public Employees v. Air Canada - 2017 FC 554 - 2017-06-06
Federal Court Decisionsa) nomme une personne qualifiée pour faire enquête sur la situation; [...] The main difference between them is that the Companion Decision deals with an investigation of a hazardous substance and the Decision addresses a refusal to work. [...] [82] Given the time and expense that would be involved in a de novo rehearing of the evidence, the parties’ agreement on the facts and the extensive transcripts of expert cross-examinations, the existing evidentiary record is more than sufficient for a fair redetermination by the same or a different Appeals Officer.
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10,585.
Max Realty Solutions Ltd. v. Canada (Attorney General) - 2014 FC 656 - 2014-07-04
Federal Court DecisionsIn that regard, I note that in Cactus Cafe Turner Road Ltd v British Columbia (Liquor Control and Licensing Branch), 2010 BCSC 1691 at paras 79-81, Justice Cullen determined that a liquor inspector had erred by failing to properly consider a due diligence defence and thereby breached procedural fairness. [...] Further, the Nova Scotia Court of Appeal, in a case where the Minister argued a due diligence defence was only available on the offence, and not where the offence was “deemed” to have occurred through non response of a party, found that a failure to consider this was a breach of procedural fairness (Guild Contracting [...] This states that a lawyer provided training at the Homelife Real Estate head office in August where the Deal Secretary, Mariam Kottab, was trained on the importance of FINTRAC and PCMLTFA. A second training session by the same lawyer occurred in Max Realty’s office in September 2008 which was attended by agents.
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10,586.
Sami v. Canada (Citizenship and Immigration) - 2012 FC 539 - 2012-05-04
Federal Court DecisionsThe First Appeal failed because the Couple did not address these concerns, even though they had a fair opportunity to do so. [...] [54] The Applicant says her argument does not deal with how the IAD weighed the evidence before it. [...] [57] Relying on Kamtasingh v Canada (Minister of Citizenship and Immigration) 2010 FC 45, the Applicant also says that the IAD must ensure that unrepresented parties receive a fair hearing.
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10,587.
Lee v. Canada (Attorney General) - 2011 FC 689 - 2011-06-14
Federal Court DecisionsPersonnes admises à faire une demande 74. (1) Une demande de prestation d’enfant de cotisant invalide ou une demande de prestation d’orphelin peut être faite, pour le compte d’un enfant de cotisant invalide ou pour celui d’un orphelin, par cet enfant ou par cet orphelin, ou par toute autre personne ou tout autre organisme à [...] [48] In response to the claim for interest, the Respondent submits that the CPP is a complete code dealing with the payment of benefits. [...] It is my duty to decide whether or not, in reaching that conclusion, he proceeded in any way that was not procedurally fair or whether his conclusion was unreasonable in the sense of falling outside the “range of possible, acceptable outcomes which are defensible in respect of the facts and law,” as stipulated in paragraph
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10,588.
Birks v. Canada (Attorney General) - 2010 FC 1018 - 2010-10-19
Federal Court Decisions[31] In his decision, the CDS found that CPO2 Birks was “treated fairly” as a member of ST(A) with respect to the CI “B” classification and therefore the redress that was requested was denied. [...] The definition contained in the operations manual, dealing with "operations", is totally unrelated to Armstrong and the work that he is performing. [...] personnel and the distribution of human, financial and material resources in addition to the allocation of funds requires profound consideration in the Armed Forces as in all other situations of choices to be made for a large organization or entity; however, in the Armed Forces, more than morale and fairness are at stake.
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10,589.
Rihan v. Canada (Citizenship and Immigration) - 2010 FC 123 - 2010-02-05
Federal Court DecisionsConvention accepted the fundamental rule of international law that the perpetrator of a political crime, even one of extreme seriousness, is entitled to elude the authorities of the State in which he committed his crime, the premise being that such a person would not be tried fairly in that State and would be persecuted. [...] [54] What emerges is Article 1F(b) leaves signatories to the convention a fair degree of latitude to exclude both criminal and possibly criminal applicants. [...] The legitimacy of the conviction mentioned in the Red Notice is challenged, be that as it may, the notice is there and the RPD was required to deal with it.
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10,590.
Landry v. The Queen - 2009 TCC 399 - 2009-08-10
Tax Court of Canada JudgmentsShe then turned to her lawyer, Mr. Ouellette, so that he could guide her in her dealings with the CRA. From the beginning of her first meeting with her lawyer, the appellant indicated that she wanted to do everything possible to protect the identity of Mr. X. She was concerned about Mr. X's reputation and about the effect [...] During his testimony, he admitted that he had financed the purchase of the pub Le Sainte‑Élisabeth and that he had sold the building in which the pub was located to the appellant's management company at a price far below the building's fair market value. [...] In the end, he found that "a fair disposition of this matter and one that partially compensates the appellants for their ordeal of having to come to court and justify their position is $52,000.00".
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10,591.
Laurent v. Gauthier - 2009 FC 196 - 2009-02-24
Federal Court Decisions88.1.4 to determine the procedure to be followed having regard for fairness and equality between the parties to the hearing; [...] 11. The third major change was the section dealing with ratification of the new Election Code. [...] [31] I find it is fair to say that the creation of s. 106.1 at some time during the consultative process leading up to the referendum vote is evidence of the high importance given by the Fort McKay First Nation electors to the changes to the governance custom of the Fort McKay First Nation, including the qualifications
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10,592.
Kiefer v. Canada (Attorney General) - 2008 FC 786 - 2008-06-23
Federal Court DecisionsThe conferment of benefits, however, is balanced with the interests of fairness and financial responsibility. [...] However, it does not address a good deal of that evidence in the “Analysis” portion of its decision. [...] pour l’harmoniser avec une autre décision rendue aux termes de la Loi sur la Cour canadienne de l’impôt sur un appel pertinent à celui interjeté aux termes de la présente loi devant un tribunal de révision, définitive et obligatoire et ne peut faire l’objet que d’un recours prévu par la Loi sur les Cours fédérales.
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10,593.
Axa Canada Inc. v. The Queen - 2006 TCC 4 - 2006-01-11
Tax Court of Canada JudgmentsFairness of Sale to Victoire • Based on the foregoing, we believe that the agreed upon sale price of $75 million for LGC's 50% interest in Laurentian General is a reasonable price as it represents the mid‑range of our valuation range [...] − we must therefore assess the fairness of this consideration • Adjustment to initial purchase price (September 30, 1990) [...] So there is always the idea, on the part of an assignor who is negotiating with a reinsurer, that this is a business partner with whom he will have to deal subsequently.
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10,594.
Condo v. Canada (Attorney General) - 2005 FCA 391 - 2005-11-22
Federal Court of Appeal Decisions[25] I will now briefly deal with the appellant's submissions. Firstly, Peter Slaughter, the parole officer who would not have recommended his detention, is the CSC officer who presented the detention referral to the Board. [...] I have carefully examined the Board's decision and find that the Attorney General has fairly set out the factors which the Board considered in a fair manner, namely:
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10,595.
Sandia Mountain Holdings Inc. v. The Queen - 2005 TCC 65 - 2005-01-18
Tax Court of Canada JudgmentsMr. Sood, for the Respondent, maintains these interruptions precluded the Respondent from obtaining a full and fair examination. [...] This difference should be borne in mind, it is submitted, when considering the proper and fair scope of the Minister's right to examine a taxpayer for discovery. [...] [10] The Respondent's position is that simply because Canada Revenue Agency (CRA) had dealings with the Appellants prior to the involvement of the Department of Justice, the scope of the discovery should not be limited, as none of that information was provided under oath and none of it is part of the record.
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10,596.
Val Waldbauerv o/p VW Industry Workplace Development v. M.N.R. - 2004 TCC 25 - 2004-02-12
Tax Court of Canada JudgmentsHaving said that, it is also fair to say that where the parties truly choose a particular method of setting up their working arrangement, it is not for the Minister or this Court to disregard that choice. [...] [94] In this case, I find that there was a great deal of control exercised by the Appellant over the Workers. [...] To be fair to her, much of this was no doubt driven by her desire to make sure the funding would keep coming from HRDC. Nonetheless, she exercised a considerable degree of control over the Workers.
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10,597.
Canada (Minister of Citizenship and Immigration) v. Phan - 2003 FC 1194 - 2003-10-15
Federal Court DecisionsThere is no doubt that the right to a fair trial is not limited to criminal trials but also applies to cases where the proceedings are quasi-judicial, as in the case before us.. . . [...] Rule 169(a) provides that the Part of the Rules dealing with Actions applies to references such as this under section 18 of the Citizenship Act. Rule 283, in the Part of the Rules relating to Actions, incorporates by reference Rule 93, with such modifications as are necessary, to the use of an interpreter at trial and, [...] La communication de l'avis peut se faire par courrier recommandé envoyé à la dernière adresse connue de l'intéressé.
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10,598.
In the matter of Harkat - 2003 FCT 759 - 2003-06-19
Federal Court Decisions[6] I turn first to consider the legislative framework relevant to this motion, and specifically the inter-relation of the provisions of the Act which deal with security certificates, refugee protection and pre-removal risk assessments. [...] 160. (1) Sous réserve du paragraphe (2), pour l'application du paragraphe 112(1) de la Loi, toute personne peut faire une demande de protection après avoir reçu du ministère un avis à cet effet. [...] However, the threshold at law for the granting of leave is low, an applicant need only establish a fairly arguable case.
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10,599.
A. Lassonde Inc. v. Canada (Registrar of Trade-Marks ) - 2003 FCT 518 - 2003-04-25
Federal Court Decisions[22] 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 [...] Section 46 [now section 47] provides flexibility in dealing with fixed periods of time for the doing of anything either under the statute or under its regulations. [...] A proposed trade-mark must be used in association with the wares and services specified in the application for registration, and within a fairly limited time.
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10,600.
Canada v. Bear - 2003 FCA 40 - 2003-01-27
Federal Court of Appeal DecisionsThat is, however, the scope of the judicial review jurisdiction granted by subsection 18(1) of the Federal Court Act. As the appellant raised no objections on procedural grounds, and as the subject-matter is otherwise within our jurisdiction, I will proceed to deal with the substance of the case. [...] For the reasons already given, I am unable to see how a fair-minded person would take that from a legislative arrangement that excluded status Indians with tax-exempt income from contributing involuntarily to a government imposed and administered pension plan. [...] I believe it is fair to conclude from the jurisprudential history that it was not until the adoption of the Charter, and the coming into force of subsection 15(1) thereof in 1985, that a political will to guarantee equality under the law and equal benefit of the law was given constitutional effect.