11,309 result(s)
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10,626.
Pabla v. Canada (Citizenship and Immigration) - 2018 FC 1141 - 2018-11-13
Federal Court DecisionsI do not find the cases cited by the Applicant to be applicable, since they deal with different factual situations. [...] For example, in Tamber the Court overturned the decision primarily on the basis of a denial of procedural fairness and the “minutiae and marginalities” that concerned the Court did not relate to the relationship between the spouses.
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10,627.
Ravichandran v. Canada (Citizenship and Immigration) - 2018 FC 811 - 2018-08-02
Federal Court Decisions[67] The Applicants say that the threshold for needing to deal with compelling reasons was met based on their testimony accepted by the Officer and as a result it was unreasonable for the Officer to not say why they did not fall within the provisions of subsection 108(4). [...] [76] In my view, the Officer fairly considered the evidence and provided reasons that enable the Applicants and the Court to understand why she came to the conclusions she did with respect to current risk of persecution and torture.
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10,628.
Patel v. Canada (Public Safety and Emergency Preparedness) - 2018 FC 804 - 2018-07-31
Federal Court DecisionsGenerally speaking, in such circumstances, it is not realistic or fair to expect either party to be able to reproduce exactly what a witness said in the absence of a verbatim transcript. [...] The result is that I am prevented from dealing with an important issue arising in the application for judicial review.
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10,629.
Fox v. The Queen - 2018 TCC 43 - 2018-02-28
Tax Court of Canada JudgmentsThis led fairly promptly to a 40 to 60% drop in value in the junior mining industry shares, he testified. [...] [9] In dealing with CRA from September 2010 forward, director’s liability was referenced by a CRA Collections officer to the Appellant on August 30, 2011, per CRA diary records known as “T2020s”.
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10,630.
RAR Consultants Ltd. v. The Queen - 2017 TCC 214 - 2017-10-31
Tax Court of Canada Judgments... We have summarized the transaction above and submit that this transaction is fair and should be approved for the following reasons: [...] [34] The Court will deal with each separate assertion in sequence. a) The information to be disclosed in the T1134 return was otherwise provided.
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10,631.
Newbould v. Canada (Attorney General) - 2017 FC 326 - 2017-03-29
Federal Court DecisionsConcerns about procedural fairness or bias, the presence of an important legal or constitutional issue, or the fact that all parties have consented to early recourse to the courts are not exceptional circumstances allowing parties to bypass an administrative process, as long as that process allows the issues to be raised [...] This is a “middle-of-the-line” case and parallels Girouard v Inquiry Committee Constituted under the Procedures for Dealing with Complaints made to the Canadian Judicial Council about federally appointed Judges, 2014 FC 1175, [2014] FCJ No 1360 [Girouard].
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10,632.
Cai v. Canada (Citizenship and Immigration) - 2016 FC 748 - 2016-07-04
Federal Court Decisions[31] As to De Bing Li, there Justice Barnes held that there was more evidence of the applicant’s positive contributions to the welfare of his family than was fairly captured by his acknowledged role as a financial contributor to the household. [...] all of the evidence before them even if they do not refer specifically to each item, the more central a document is to the issue to be decided, the greater the obligation on the decision-maker to deal with it specifically, particularly when the document in question contradicts the decision-maker’s own conclusions.
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10,633.
McGillivray Restaurant Ltd. v. Canada - 2016 FCA 99 - 2016-03-30
Federal Court of Appeal DecisionsThe essential facts for the purpose of dealing with the issues raised in this appeal are summarized below. [...] The provisions of the Income Tax Act must be interpreted in order to achieve consistency, predictability and fairness so that taxpayers may manage their affairs intelligently ...
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10,634.
Strathearn Consulting Inc. v. Kirshenblatt - 2015 FC 1404 - 2015-12-21
Federal Court Decisions[10] The Prothonotary stated that “it was fair that there be an inspection of this house at some point” noting that the Appellant (Plaintiff in the action) alleged that the design of 33 Strathearn was copied through visits to the property. [...] As always, facts do matter and they are particularly important when dealing with motions such as those under Rule 249 which require the Court to balance any number of factors relevant to the three main interests at play: those of the party requesting the inspection or samples, those of the party in possession of the
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10,635.
Mariyadas v. Canada (Citizenship and Immigration) - 2015 FC 741 - 2015-06-11
Federal Court DecisionsQuestions of procedural fairness and questions of law are reviewed on a standard of correctness: Kastrati v Canada (Citizenship and Immigration), 2008 FC 1141 at paras 9-10. [...] [24] The Applicants have raised three (3) principal grounds for review, and I will deal with them in turn.
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10,636.
Canada (National Revenue) v. Lee - 2015 FC 634 - 2015-05-13
Federal Court Decisionsc) to determine whether it may be appropriate to reassess Mr. Lee under section 160 of the Act or section 325 of the ETA in respect of the transfer of property to him by a person with whom he does not deal at arm’s length for consideration that was less than the fair market value of the property at a time when the
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10,637.
Rogers Communications Partnership v. Society of Composers, Authors and Music Publishers of Canada - 2015 FC 286 - 2015-03-06
Federal Court Decisions[10] Separately, the Board dealt with other tariffs dealing with royalties for the transmission of musical works over the Internet and through digital mobile networks. [...] [55] However, I begin by noting that this aspect of the unjust enrichment analysis is meant to be applied flexibly, with discretion and with a view to achieving fairness between the parties (Garland v Consumers’ Gas Co, 2004 SCC 25 at para 43-44).
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10,638.
Scheuer v. Canada - 2015 FC 74 - 2015-01-20
Federal Court DecisionsI will deal with each of these in turn. (1) Reliance on Ficek [17] The Defendants submit that the Prothonotary improperly considered the case of Ficek, above, as evidence, since judges on motions to strike are required to limit their consideration to the language of the pleadings: Imperial Tobacco at paras 23-24. [...] [24] “Proximity” is the term used to describe a relationship that is sufficiently “close and direct” to render it fair and reasonable to require the defendant, in conducting his or her affairs, to be mindful of the plaintiff’s legitimate interests: Cooper at paras 32-33; Taylor at para 66.
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10,639.
Servicemaster Company v. 385229 Ontario Ltd. (Masterclean Service Company) - 2014 FC 440 - 2014-05-07
Federal Court DecisionsThis results in there being a fair degree of resemblance between the marks in appearance, sound and ideas suggested. [...] C.P.R. (3d) 108 at 115 (T.M.O.B.)], I nevertheless accept that a reputation established for the first and dominant portion of the Word Mark would be of assistance in distinguishing the source of the services associated with the Word Mark, especially in a case such as this where one is dealing with inherently weak marks.
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10,640.
Ruszo v. Canada (Citizenship and Immigration) - 2013 FC 1004 - 2013-10-01
Federal Court DecisionsAfter dealing with the persecution versus discrimination issue, the RPD then proceeded to conclude that the Applicants had failed to provide sufficient “objective evidence in the material aspects of these claims and, alternatively, the availability of state protection” (my emphasis). [...] This included evidence that the most recent election was considered to have been free and fair, and that civilian authorities generally maintained effective control of the security forces.
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10,641.
Bergeron v. Canada (Attorney General) - 2013 FC 301 - 2013-03-25
Federal Court DecisionsHer psychiatrist initially found the recommendation “eminently reasonable and fair.” [...] [38] These factors are aimed at determining whether a claim has, in substance, already been determined by another mechanism such that the Commission should refuse to deal with it again.
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10,642.
Afovia v. The Queen - 2012 TCC 391 - 2012-11-08
Tax Court of Canada Judgments(ii) where the donation is a gift of property other than cash, the amount that is the fair market value of the property at the time that the gift was made; [...] [6] I will deal firstly with the question of whether the receipts issued by PDGL to the appellants met with the requirements of the Act and Regulations.
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10,643.
Massicolli v. The Queen - 2012 TCC 344 - 2012-10-01
Tax Court of Canada JudgmentsWhen dealing with interest expenses, the task can be objectified readily. [...] Such conduct must surely be avoided if at all possible if taxpayers are to perceive the system as fair, equitable, and reasonable in application, a system with which they are expected to cooperate voluntarily.
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10,644.
Riach v. Canada (Attorney General) - 2011 FC 1230 - 2011-10-28
Federal Court DecisionsGiven that this issue is somewhat related to the one initially raised by the applicant and given the absence of prejudice or opposition from the respondent, I will deal with both issues. [...] Would he think that it is more likely than not that [the decision maker], whether consciously or unconsciously, would not decide fairly.”
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10,645.
Pontbriand v. Federal Public Service Health Care Plan Administration Authority - 2011 FC 1029 - 2011-08-31
Federal Court Decisionssont applicables aux programmes, notamment en ce qui concerne les primes et cotisations à verser, les prestations et les dépenses à effectuer ainsi que la gestion, le contrôle et la vérification des programmes, et faire des paiements, notamment à l’égard des primes, cotisations, prestations et autres dépenses y afférentes. [...] [23] In fact, the Treasury Board, with the concurrence of the bargaining agents, ruled out a grievance arbitration process (Directive, Exhibit R-14) and instead opted for a flexible, informal and rapid process to deal with claims for reimbursement (see para. 35 of the Court of Appeal’s decision, Exhibit R-6).
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10,646.
Apotex Inc. v. Pfizer Canada Inc. - 2011 FCA 236 - 2011-08-16
Federal Court of Appeal Decisions[35] I will first deal with the Applications Judge’s finding that Apotex did not meet its evidentiary burden as to the gap between the factual basis and the promise of the patent (the “gap issue”). [...] Is that fair? A. I would agree with that. [49] In light of the record as a whole, I have not been persuaded by Pfizer that the inventors had, at the time of filing, an articulable and sound line of reasoning bridging the gap between the factual basis and the promise of the patent.
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10,647.
Kheder Alcharic v. Canada (Citizenship and Immigration) - 2011 FC 968 - 2011-08-02
Federal Court DecisionsAdequacy of reasons is a procedural fairness issue, which attracts the correctness standard. [...] [42] The RPD then goes on to deal with the well-foundedness of the Applicants’ claim as a separate ground.
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10,648.
Li v. Canada (Citizenship and Immigration) - 2011 FCA 110 - 2011-03-22
Federal Court of Appeal DecisionsTherefore, the Court is not dealing with judicial review of administrative action, to which the principles established in Dunsmuir v. New Brunswick, 2008 SCC 9, [2008] 1 S.C.R. 190 apply, but with appellate review of the decision of a judge of first instance rejecting an administrative law challenge to the validity of [...] This approach is buttressed by section 12 of the Interpretation Act, R.S.C. 1985, c. I-21, which provides that every enactment “is deemed remedial, and shall be given such fair, large and liberal construction and interpretation as best ensures the attainment of its object.”
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10,649.
Hao v. Canada (Citizenship and Immigration) - 2011 FC 46 - 2011-01-28
Federal Court DecisionsShe echoed the comments of Justice Marc Nadon, as he then was, in Chen v. Canada (Minister of Citizenship and Immigration) 2001 FCT 1229, 17 Imm. L.R. (3d) 222, “that justice and fairness will no longer be achieved by the approach suggested in Lam, supra”. [...] These include the fact that the transition referred to in Lam, above, has not come to pass as Parliament has failed to deal with the issue and it is no longer reasonable to adhere to the strict interpretation.
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10,650.
Dale v. The Queen - 2010 TCC 561 - 2010-11-03
Tax Court of Canada JudgmentsI decided in court to accept Mr. Meehan’s testimony and report, but only with respect to his factual knowledge of the driving habits of sales agents, as he himself had been a sales agent for many years and is now managing a broker’s office and dealing with many sales agents. [...] Her friend drives a Toyota Corolla and whenever they go out together, which is fairly rare, they use his car.