11,309 result(s)
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10,751.
National Gypsum (Canada) Ltd. v. Canadian National Railway Company - 2014 FC 869 - 2014-09-12
Federal Court DecisionsI propose to deal with her second argument first as it can be dispensed with quickly. [...] [112] Further, the surcharge will rise or fall based on the cost of diesel, making it fair to both parties. [...] (c) be commercially fair and reasonable to the parties. Decision binding
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10,752.
Lewis v. M.N.R. - 2000-07-13
Tax Court of Canada JudgmentsI also asked Dale to provide the 1993 shipping records which, according to him, should be "fairly close" to the DFO slip totals. [...] The amounts were fairly accurate but the names in the QMP scribblers were not. [...] So it would be fair to say that you didn't want to take away everything from these people.
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10,753.
Robertson v. The Queen - 2002-01-24
Tax Court of Canada JudgmentsA rug mount is less difficult than a lifesize mount because you are only dealing with the head. [...] Mr. Robertson told him that he had difficulty in finding all of the invoices as they were dealing with four prior years. [...] (b) a person licensed to deal in the meat of game. Counsel asked the question, what happens to it when the taxidermist commences his work?
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10,754.
Harkat (Re) - 2010 FC 1241 - 2010-12-09
Federal Court Decisions[273] The deal did not go through because Derbas could not raise the requisite funds. [...] There is a fair amount of evidence to show that the maintained connections with them. [...] [446] In fairness, Professor Wark stated during his testimony that Shehre was a terrorist:
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10,755.
McFadden v. Canada - 2024 FC 1105 - 2024-07-15
Federal Court Decisions[59] Dealing first with the interpretation of subsection 204.1(4) of the ITA, it is my view that the delegate’s interpretation is unreasonable and therefore, by definition, incorrect. [...] [49] Mr. McFadden also relies on Kerr to argue a breach of procedural fairness because it is not clear that the third review in his case was made by independent agents that did not participate in the earlier reviews (see Kerr at paras 47–53).
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10,756.
Singh v. Canada (Citizenship and Immigration) - 2023 FC 747 - 2023-05-29
Federal Court Decisionsa) directement ou indirectement, faire une présentation erronée sur un fait important quant à un objet pertinent, ou une réticence sur ce fait, ce qui entraîne ou risque d’entraîner une erreur dans l’application de la présente loi; [...] he relied when dealing with the immigration agent; the immigration agent’s non-disclosure of the two previous applications for a study permit that were refused; and that the applicant had not genuinely consented to the submission of the study permit application containing fraudulent documents by the agent on his behalf.
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10,757.
Kolo Scooter Inc. v. Canada (Transports) - 2023 FC 344 - 2023-03-14
Federal Court DecisionsThe court must instead adopt an attitude of restraint and intervene “only where it is truly necessary to do so in order to safeguard the legality, rationality and fairness of the administrative process” (Vavilov at para 13). [...] These reminders are particularly important given how “easy [it is] for a reviewing court to slide from the reasonableness standard into the arena of correctness when dealing with an interpretative issue that raises a pure question of law” (New Brunswick Liquor Corp. v. Small, 2012 NBCA 53, 390 N.B.R. (2d) 203, at para. 30).
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10,758.
Nader v. Canada (Citizenship and Immigration) - 2023 FC 265 - 2023-02-24
Federal Court Decisions[46] I should add for the sake of clarity that Canada, like Great Britain and the United States, has a fair number of hybrid offences, that is to say offences which, depending on the mitigating or aggravating circumstances surrounding their commission, can be prosecuted either summarily or more severely as an indictable [...] [74] I deal first with the Applicant’s second proposed question. While I conclude that the RAD erred by aggregating the taser and cannabis charges when finding that the handling stolen goods charge constituted a serious non-political crime, I arrive at this conclusion by noting that the RAD failed to first consider if the
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10,759.
Monsalve v. Canada (Citizenship and Immigration) - 2022 FC 1253 - 2022-09-02
Federal Court DecisionsThe BIOC must be “well identified and defined” and examined “with a great deal of attention”(Kanthasamy, at para 39; Legault, at paras 12-31), and decision-makers must be “alert, alive, and sensitive” to the BIOC (Baker v Canada (Minister of Citizenship and Immigration), [1999] 2 SCR 817 at para 75). [...] To the extent that this statement is inconsistent or in tension with the principles quoted in paragraphs 19 and 20 above, and with other jurisprudence that can be fairly read as having adopted a similar approach, I consider that it does not accurately reflect the existing state of the law: see, e.g., Li v Canada
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10,760.
Elegant Development Inc. v. The Queen - 2022 TCC 97 - 2022-08-31
Tax Court of Canada JudgmentsAnd because of the ongoing and past litigation, a great deal was in the form of sworn statements from other public proceedings. [...] [62] The appeal is allowed and the result is fair. The Paragon Debt did not exist on January 6, 2017.
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10,761.
Canada (Attorney General) v. Hull - 2022 FCA 82 - 2022-05-13
Federal Court of Appeal Decisions48 (1) Une personne ne peut faire établir une période de prestations à son profit à moins qu’elle n’ait présenté une demande initiale de prestations conformément à l’article 50 et aux règlements et qu’elle n’ait prouvé qu’elle remplit les conditions requises pour recevoir des prestations. [...] of the duration of the leave, and also the payment rate, whether the lower 33% or the higher 55%, it could result in incorrect payments to claimants, which we would subsequently have to recover, and in challenges for their employers dealing with both the leave and any top-ups they needed to provide to those employees”.
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10,762.
Canada v. Stephen Moffett Ltd. - 2021 FC 1223 - 2021-11-10
Federal Court Decisions[34] The principle of contra proferentum holds that any ambiguity or flaw in the wording of the Plaintiff’s Settlement Offer should be interpreted fairly and liberally, in favour of the Defendants. [...] It can also depend on a number of other factors, such as: (1) “the course of dealing between the parties leading up to the formation of the contract”; (2) the nature of the obligations under the contract; (3) the financial position of the relevant party; (4) the value of what is at issue; and (5) the state of the market:
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10,763.
Hughes v. Canada (Human Rights Commission) - 2021 FC 728 - 2021-07-09
Federal Court Decisions44 Indépendamment de toute autre forme de réparation qu’elle peut accorder, la Cour d’appel fédérale ou la Cour fédérale peut, dans tous les cas où il lui paraît juste ou opportun de le faire, décerner un mandamus, une injonction ou une ordonnance d’exécution intégrale, ou nommer un séquestre, soit sans condition, soit [...] [43] In my view, there is no merit to the submissions the Court has no jurisdiction to deal with vexatious litigants when proceeding under Part 12, or that the Vexatious Litigant Motion is an abuse of court.
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10,764.
Chettabi v. The Queen - 2020 TCC 19 - 2020-01-31
Tax Court of Canada JudgmentsMr. Chettabi also had fairly significant health issues in the subsequent years and was unable to work. [...] In argument, Mr. Chettabi also stated that some of his friends did not want to deal with the banks to get money in American currency so they did business with him to do that.
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10,765.
Basanti v. Canada (Citizenship and Immigration) - 2019 FC 1068 - 2019-08-09
Federal Court Decisions[38] Mr. Basanti’s last argument deals with the adequacy and sufficiency of the IAD’s reasons. [...] In City of Edmonton, the Supreme Court has even posited that a tribunal’s failure to provide any reasons does not, in itself, breach procedural fairness, and a reviewing court may consider the reasons which could be offered in support of the decision being reasonable (City of Edmonton at paras 36-38).
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10,766.
Kooner v. Canada (Citizenship and Immigration) - 2019 FC 806 - 2019-06-12
Federal Court Decisions162 (2) Each Division shall deal with all proceedings before it as informally and quickly as the circumstances and the considerations of fairness and natural justice permit.
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10,767.
Ramanathan v. Canada (Immigration, Refugees and Citizenship) - 2017 FC 834 - 2017-09-22
Federal Court DecisionsMoreover, Mr. Ramanathan argues that the Delegate should have either provided him with an opportunity to testify, or if no, assessed the documentary evidence in a fair and sensible manner. [...] According to the criminal investigation documentation, Mr. Ramanathan’s family was threatened with death by the Italian mafia because of his dealings with organized criminals.
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10,768.
Canada (Public Safety and Emergency Preparedness) v. Ismail - 2014 FC 390 - 2014-04-25
Federal Court Decisions[23] That said, both parties have asked that I exercise my discretion to deal with this matter as the issue will likely arise in Mr. Ismail’s subsequent detention reviews, and in other cases as well. [...] Amongst others, these include family reunification, and establishing fair and efficient procedures that maintain the integrity of the Canadian refugee protection system, while still upholding Canada’s respect for human rights.
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10,769.
Vachon v. The Queen - 2013 TCC 330 - 2013-10-24
Tax Court of Canada Judgments[44] Indeed, he was dealing with a con artist; however, I feel it is important to note that the con artist in question had a much easier time with his malicious scheme because of the appellant's carelessness, lack of attention and excessive and unwarranted trust. [...] This was a fairly major change that should have raised suspicions in a reasonable person.
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10,770.
Canada v. Bioartificial Gel Technologies (Bagtech) Inc. - 2013 FCA 164 - 2013-06-21
Federal Court of Appeal DecisionsThat author criticizes that approach since he is of the opinion that it is strange to take into account the voting clauses dealing with the election of directors when analyzing de jure control when a USA has effectively restricted the powers of these directors and the purpose of this exercise is to determine who has [...] In seeking to strike a fair balance between these two concerns, it is logical that the special nature of USAs, which are constating documents, and the fact that USAs are easily accessible (for example, under subsections 20(1) and 21(2) of the CBCA, USAs are entered in the records of a corporation and kept at the
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10,771.
Nagy v. Canada (Attorney General) - 2013 FC 137 - 2013-02-07
Federal Court Decisions(2) Le délinquant qui croit que les renseignements auxquels il a eu accès en vertu du paragraphe 23(2) sont erronés ou incomplets peut demander que le Service en effectue la correction; lorsque la demande est refusée, le Service doit faire mention des corrections qui ont été demandées mais non effectuées. [...] I note, however, the provision she was examining was not section 24 but section 26 dealing with disclosure to victims.
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10,772.
Blackburn Radio Inc. v. The Queen - 2012 TCC 255 - 2012-07-16
Tax Court of Canada Judgments[37] Pure Spring is a seminal decision dealing with the nature of assessments. [...] I raised a concern as to the fairness of raising it so late. If the respondent had asked for time to make further submissions, I certainly would have granted it.
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10,773.
Gagliano v. Gomery - 2011 FCA 217 - 2011-06-29
Federal Court of Appeal DecisionsFirst, the Commissioner concluded that the appellant had circumvented the chain of authority and ministerial responsibility by going around the Deputy Minister of his department to deal directly with a public servant under the Deputy Minister’s authority. [...] Would he think that it is more likely than not that Mr. Crowe, whether consciously or unconsciously, would not decide fairly.”
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10,774.
Wiesehahan v. Canada (Citizenship and Immigration) - 2011 FC 656 - 2011-06-08
Federal Court Decisions[36] Questions of natural justice and the duty to act fairly are questions of law to be determined on the standard of correctness: Kozak v. Canada (Minister of Citizenship and Immigration), 2006 FCA 124, at paragraph 44; Dunsmuir v. New Brunswick, 2008 SCC 9, [2008] 1 S.C.R. 190, at paras. 55 and 90; and Canada (Citizenship [...] [42] The Board does not deal with the emails between the applicants in any detail.
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10,775.
Gyimah v. The Queen - 2010 TCC 621 - 2010-12-03
Tax Court of Canada Judgments[27] At this point, there appears to be little or nothing in this recital of events that assists the Applicant to deal with the statutory limitation period for granting the Application sought. [...] Indeed, I believe it is fair to say that the Respondent’s witness’s confidence in the reliability of the evidence he was called to address, was shaken at least in respect of the 1999 year.