11,309 result(s)
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10,851.
Spirit Bear Coffee Company Inc. v. Kitasoo First Nation - 2023 FC 1185 - 2023-09-06
Federal Court Decisions[8] The deponents’ evidence is fairly summarized at paragraphs 12 to 37 of the Decision. [...] She stated at para 35 that bad faith “may also include dealings which fall short of the standards of acceptable commercial behaviour as observed by reasonable experienced people in the area being examined.” She also cited with approval at para 35 the decisions in Chocoladefabriken Lindt & Sprüngli AG v Franz Hauswirth
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10,852.
Wuttunee v. Whitford - 2023 FCA 18 - 2023-01-30
Federal Court of Appeal Decisions[25] To answer this question it is necessary to review the jurisprudence dealing with the FNEA and similar legislation. [...] c) faire sciemment usage d’un faux bulletin de vote; (d) put a ballot into a ballot box knowing that they are not authorized to do so under the regulations;
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10,853.
Canada (Citizenship and Immigration) v. Kurt - 2022 FC 1347 - 2022-09-27
Federal Court DecisionsBefore me, the Minister confirmed that exclusion under Article 1F(a) would apply whether the particular crimes were perpetrated against the PKK or regular civilians suspected of common crimes; ultimately, we are dealing with the inhumane treatment of a civilian population or an identifiable group. [...] This Court should adopt a posture 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).
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10,854.
Canada (National Revenue) v. Shaker - 2022 FC 407 - 2022-03-24
Federal Court Decisions[33] Justice Brown also observed that a trustee holds trust property solely for the beneficiaries’ enjoyment and cannot profit personally from their dealings with the trust property or with the beneficiaries of the trust (Valard at para 17). [...] b) précisant les date, heure et lieu de l’audience à laquelle le débiteur judiciaire peut faire valoir les raisons pour lesquelles la charge ne devrait pas être maintenue.
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10,855.
Canada (National Revenue) v. Shaker - 2022 FC 408 - 2022-03-24
Federal Court Decisions[33] Justice Brown also observed that a trustee holds trust property solely for the beneficiaries’ enjoyment and cannot profit personally from their dealings with the trust property or with the beneficiaries of the trust (Valard at para 17). [...] b) précisant les date, heure et lieu de l’audience à laquelle le débiteur judiciaire peut faire valoir les raisons pour lesquelles la charge ne devrait pas être maintenue.
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10,856.
Khodeir v. Canada (Attorney General) - 2022 FC 44 - 2022-01-14
Federal Court DecisionsThe following provisions of the Civil Code of Québec deal with judicial notice: [...] [31] Those who assert that judicial notice should only be a rebuttable presumption are typically concerned with the fairness of the process.
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10,857.
Shala v. Canada (Citizenship and Immigration) - 2021 FC 326 - 2021-04-15
Federal Court DecisionsThis alternative request had to be addressed, as a matter of substance and of simple procedural fairness. [...] I note that in three recent cases, this Court has returned TRP applications for determination or redetermination in other circumstances when an officer failed to deal with them alongside an H&C application: see Li v Canada (Citizenship and Immigration), 2020 FC 754 (Elliott J.), at paras 10-11; Williams v. Canada
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10,858.
Alsaloussi v. Canada (Attorney General) - 2021 FC 168 - 2021-02-22
Federal Court Decisionsbeen issued by the administrative decision-maker, and the motions to vary the Court’s orders were seeking variations of the orders to clarify the process to be followed by the administrative decision-maker in conducting the re-determination, or to deal with issues relating to evidence used in the re-determination process. [...] These are not the type of remedies that the Court may or should order on a motion under Rule 399(2)(a), In fact, doing so would be highly prejudicial to the right of the decision-maker and of the AGC to a fair hearing, and would mean that the Court could invalidate the Decision on the basis of an expedited and curtailed
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10,859.
Nashir v. Canada (Public Safety and Emergency Preparedness) - 2020 FC 147 - 2020-01-28
Federal Court DecisionsIt is fair to say that this evidence was contradictory and inconsistent in many respects. [...] This brief deals with a police investigation into a domestic dispute which occurred at approximately 7:30 pm, Wednesday, May 11, 2016, between the victim, 49-year-old [name redacted] and her ex-boyfriend, 30-year-old Amir NASHIR....
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10,860.
9228-2987 Québec Inc. v. The Queen - 2019 TCC 281 - 2019-12-13
Tax Court of Canada Judgments(ii) if the gift is of property other than cash, the amount that is the fair market value of the property at the time that the gift is made; [...] There are no provisions expressly dealing with the authority to sign cheques.
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10,861.
Green v. The Queen - 2019 TCC 74 - 2019-04-03
Tax Court of Canada JudgmentsMs. Green found dealing with people very stressful and, because she wouldn’t respond to customers, her stepfather had some awkward and frustrating experiences with customers. [...] This Committee released a report titled “Disability Tax Fairness” in December 2004.
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10,862.
Daoust v. Mohawk Council of Kanesatake - 2018 FC 766 - 2018-07-20
Federal Court Decisions[10] The provisions of the Manual dealing specifically with the IAP are found in Chapter 2. [...] However, the Moratorium provides the Council with a fairly broad discretion to ensure the Moratorium is effectively enforced.
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10,863.
Lesly v. Canada (Citizenship and Immigration) - 2018 FC 272 - 2018-03-08
Federal Court DecisionsIn my view, this can include fairness to third parties who acted diligently in filing their application and any appeals therefrom, and as a result are no longer able to benefit from the same substantive change in the law that may form the basis for an application. [...] since his admissibility proceeding before the ID. However, further affidavit evidence shedding light on the reasons for Mr. Emmanuel’s delay, and explaining how his “limited means” differed from the other crew members and passengers who were being assisted by Legal Aid and had to deal with similar issues, was not filed.
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10,864.
Williams v. Canada (Public Safety and Emergency Preparedness) - 2017 FCA 252 - 2017-12-28
Federal Court of Appeal Decisions(iii) establishing an agency that is responsible for ensuring compliance with Parts 1 and 1.1 and for dealing with reported and other information; [...] As the authorities suggest, we are to investigate the text, context and purpose of the legislation as objectively and fairly as we can.
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10,865.
Canada (Attorney General) v. Bernier - 2017 FC 120 - 2017-01-31
Federal Court DecisionsUnder the applicable standard of review, the role of the Federal Court is to determine whether the decision under review is correct, namely with respect to procedural fairness, or reasonable, depending on the issue to be decided. [...] A judicial review hearing is not a trial de novo (Paradis, at paragraph 22), nor does it deal with the merits, because questions of merit are entrusted by Parliament to the administrative tribunals created for that purpose (Bernard v Canada (Revenue Agency), 2015 FCA 263; 479 NR 189).
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10,866.
Maltz v. Witterick - 2016 FC 524 - 2016-05-10
Federal Court Decisions24 Requiring that an original work be the product of an exercise of skill and judgment is a workable yet fair standard. [...] [36] As a general matter, it is important to not conduct the substantiality analysis by dealing with the copied features piecemeal: Designers Guild, at p. 705, per Lord Hoffman. ...
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10,867.
Olympia Trust Company v. Canada - 2015 FCA 279 - 2015-12-04
Federal Court of Appeal Decisionsc) acknowledged that Olympia, by accepting the Private Company Shares into his or her RRSP, had no responsibility for determining either the eligibility of the Private Company Shares for investment under the RRSP provisions of the Act or the fair market value of such shares; and [...] [27] While no such allegations appear in the record that was before the Judge, the fact that such allegations arose in other litigation dealing with quite similar circumstances places the instant circumstances into their context.
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10,868.
Bakorp Management Ltd. v. Canada - 2014 FCA 104 - 2014-04-24
Federal Court of Appeal Decisions(2.1) Malgré les paragraphes (1) et (2), la société qui était une grande société au cours d’une année d’imposition, au sens du paragraphe 225.1(8) et qui signifie un avis d’opposition à une cotisation établie en vertu de la présente partie pour l’année ne peut interjeter appel devant la Cour canadienne de l’impôt pour faire [...] In a similar vein, Justice Jorré of the Tax Court of Canada in Canadian Imperial Bank of Commerce v. The Queen, 2013 TCC 170 in dealing with the corresponding provisions in the Excise Tax Act, R.S.C. 1985, c. E-15, stated that a general description of the issue as the correct amount of tax owing would not be sufficient.
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10,869.
Sivaraththinam v. Canada (Citizenship and Immigration) - 2014 FC 162 - 2014-02-20
Federal Court DecisionsI will deal with the issue of different qualifiers of possibility, risk, etc, below. [...] What is more, it connotes reasonableness, a notion which a fair legal system must be based upon.
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10,870.
S.A. v. Canada (Citizenship and Immigration) - 2014 FC 146 - 2014-02-13
Federal Court DecisionsThroughout that section of its decision (at paragraphs 37, 39, 45 and 47), as well as the remaining sections dealing with failed asylum-seekers (at paragraphs 51, 53 and 56) and S.A.’s sur place claim (at paragraphs 62 and 63), it repeatedly referred to the situation facing Tamils in Sri Lanka, including those returning [...] A fair reading of those other sources reflects that such persons may be detained for a period of time ranging from a few hours to “months.” A small number of those sources also suggest that such persons may be assaulted or tortured in detention.
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10,871.
A.P. Toldo Holding Corporation v. The Queen - 2013 TCC 416 - 2013-12-19
Tax Court of Canada Judgments[3] The principal assets of the Appellant are the shares it holds in four subsidiaries.[1] Through these four subsidiaries, the Appellant controls eight other corporations.[2] These companies are worth a great deal of money. [...] [71] Penn Ventilator Canada is based upon a fairly unique fact situation.
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10,872.
Davis v. Canada (Citizenship and Immigration) - 2013 FC 1243 - 2013-12-11
Federal Court Decisions[23] On a fair reading of the interview notes, it is clear that it was the father’s statements of support for the adoptions, rather than Ida’s motive in making the adoption proposal, which produced the reasons relied upon by the Officer. [...] He argued with the step-mother but it didn’t make a difference b/c they still got on with their relationship and Lancia & her sister Terika were left to deal with her again.
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10,873.
Hine v. The Queen - 2012 TCC 295 - 2012-08-15
Tax Court of Canada JudgmentsThe Canadian tax system is a self-assessing system; if one person does not pay their fair share, then someone else will be paying for it. [...] [36] Before delving into how the analysis should differ in this case, some brief mention of the cases dealing with taxpayers and their agents in the context of subsection 163(2) can be made.
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10,874.
Transport Vares Inc. v. Feng - 2011 FC 1295 - 2011-11-10
Federal Court DecisionsThe action raises issues quite beyond the capacity of the arbitration board to deal with. [...] [85] The Applicant claimed that the Adjudicator committed several breaches of procedural fairness during the hearing.
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10,875.
Wrangler Apparel Corporation v. Big Rock Brewery Limited Partnership - 2010 FC 477 - 2010-04-30
Federal Court Decisions25 The onus remained throughout on the respondent to establish the absence of likelihood, but the Board was only required to deal with potential sources of confusion that, in the Board's view, have about them an air of reality. [...] (2) L’emploi d’une marque de commerce crée de la confusion avec une autre marque de commerce lorsque l’emploi des deux marques de commerce dans la même région serait susceptible de faire conclure que les marchandises liées à ces marques de commerce sont fabriquées, vendues, données à bail ou louées, ou que les services liés