11,309 result(s)
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10,951.
Fu v. Canada (Attorney General) - 2020 FC 235 - 2020-02-11
Federal Court Decisions[45] For the other issues raised by Ms. Fu such as a fraudulent foreign internet posting, I either have no jurisdiction to deal with the issues, or the matters are res judicata or unrelated to the decision at hand. [...] 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 le Tribunal de la sécurité sociale, 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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10,952.
Makomena v. Canada (Citizenship and Immigration) - 2019 FC 894 - 2019-07-05
Federal Court DecisionsIn any event, the decision should deal in large part with the potential to re-offend, and criminological expertise was at the core of the argument that the risk of re-offending was low. [...] While the first two conditional sentences may have appeared fairly lenient, the same surely cannot be said of the period of incarceration of six months less a day.
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10,953.
Mavangou v. Canada (Citizenship and Immigration) - 2019 FC 177 - 2019-02-12
Federal Court DecisionsFinally, the newspaper article dated back to May 2015, well before the RPD rejected the refugee claim, and did not deal with the existence of a relationship between Ms. Mavangou and Mr. Eboa, or between Mr. Eboa and Ms. Ndenguet. [...] It also does not require that all documents and allegations be accepted at face value, but rather is designed to ensure a fair hearing (Odurukwe v Canada (Citizenship and Immigration), 2015 FC 613 at para 40).
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10,954.
Jencal Holdings Ltd. v. The Queen - 2019 TCC 16 - 2019-01-18
Tax Court of Canada Judgments[39] The impetus for the 2007 Reorganization was the need for the Kal Management Trust to distribute its shares in KT Holdings to the trust’s beneficiaries before the 21-year rule in subsection 104(4) forced a deemed disposition of the shares at their fair market value. [...] [55] The Appellant submits that investment planning was a main reason for the separate existence of the HoldCos. I acknowledge that holding companies are commonly used to allow individual shareholders to make personal, tax-effective decisions about how they want to deal with dividends that they have received from an
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10,955.
Dickson v. Canada - 2016 FC 836 - 2016-07-20
Federal Court Decisionsix) the breach of Rainbow’s rights to natural justice and procedural fairness. [...] [55] The issuance of a licence authorizing the manufacture of tobacco products is governed by the Excise Act, 2001 and its Regulations, which both deal with the production and possession of tobacco products and are administered by the Minister of National Revenue.
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10,956.
Oroville Reman & Reload Inc. v. Canada - 2016 TCC 75 - 2016-04-01
Tax Court of Canada Judgmentsa. Notice of Amended Final Determination of Sales at Less than Fair Value and Antidumping Order: Certain Softwood Lumber Products from Canada, 67 Fed. Reg. 36,068 (May 22, 2002), as amended; and [...] [55] We are dealing with taxing legislation. It is my view that in order for tax legislation to have effect on a taxpayer, the government must bring the taxpayer’s conduct, and the taxpayer, within the four corners of the statute.
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10,957.
Maynard v. The Queen - 2016 TCC 21 - 2016-01-28
Tax Court of Canada JudgmentsThey are victims and it is not fair for them to now have to pay a penalty because they were too trusting and naive. [...] (c) Questionable Prior Dealings — The Appellants testified that they had no reason to be suspicious of Mr. Rasool.
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10,958.
Novartis Pharmaceuticals Canada Inc. v. Teva Canada Limited - 2015 FC 770 - 2015-06-19
Federal Court DecisionsGenerally speaking, the utility requirement represents a fairly low threshold. [...] He has published over 250 articles or book chapters, many dealing with sickle cell diseases, iron metabolism, malarial anemia and congenital polycythemia.
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10,959.
Lai v. Canada (Citizenship and Immigration) - 2015 FC 646 - 2015-05-19
Federal Court DecisionsRather, it would allow for a fair redetermination of the related H&C decision. [...] Further, it is difficult to accept that statements such as “You want to deal with me by legal means, while I wish to resort to non-legal means and even get ready to end the relationship between you and me at the cost of bloody means” and “However, you have thrown away the last life-saving straw” as non-threatening.
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10,960.
Des Roches v. Wasauksing First Nation - 2014 FC 1126 - 2014-11-25
Federal Court DecisionsThe Band’s decision to impose the surcharge is not related to the exercise of statutory authority under the Indian Act and does not deal with a matter of public interest and is, therefore, not open to judicial review. [...] 83. (2) Toute dépense à faire sur les fonds prélevés en application du paragraphe (1) doit l’être sous l’autorité d’un règlement administratif pris par le conseil de la bande.
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10,961.
B381 v. Canada (Citizenship and Immigration) - 2014 FC 608 - 2014-06-24
Federal Court DecisionsAmnesty International believes that individuals suspected of belonging to, or having links to, the LTTE fair a real risk of torture or other ill-treatment if formerly returned to Sri Lanka. [...] have or have had ties to the LTTE by the Sri Lankan government simply because he was a passenger on the M.V. Sun Sea. Justice Russell found that the fact that the applicant therein had been cleared of any suspicion of LTTE connection in the past does not deal with the sur place claim, although it has some relevance to it.
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10,962.
Beri v. Canada (Citizenship and Immigration) - 2013 FC 854 - 2013-08-09
Federal Court DecisionsComplaints filed with the latter generally deal with discrimination in employment, discriminatory treatment and discrimination by law enforcement authorities or police officers (Response to Information Request HUN103091.E 21 April 2009); [...] (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;
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10,963.
Prescient Foundation v. Canada (National Revenue) - 2013 FCA 120 - 2013-05-01
Federal Court of Appeal DecisionsI add to this discussion that, in the normal course of litigation involving the Act, no deference is showed by the Tax Court of Canada, or this Court, to the CRA’s or the Minister’s interpretation of the Act, and I see no reason why this approach should be different when dealing with appeals under paragraph 172(3). [...] a) s’adresse par écrit au ministre, en vue de faire révoquer son enregistrement;
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10,964.
Payne v. Bank of Montreal - 2013 FCA 33 - 2013-02-08
Federal Court of Appeal DecisionsHe was required by the action plan to refrain from making unwelcome comments and/or conduct directed at other employees, and was expected to understand the difference between appropriate and inappropriate conduct in dealing with others, including his subordinates. [...] However, I do not accept that, on a fair reading of the Adjudicator’s reasons, he regarded actual harm as a legal prerequisite for dismissal for cause.
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10,965.
Williams v. Canada (Citizenship and Immigration) - 2012 FC 166 - 2012-02-07
Federal Court Decisions[27] The Applicant says that in Curry v Canada (Minister of Citizenship and Immigration) 2006 FC 1350, Justice Douglas Campbell held at paragraph 10 that it was not fair or proper for an officer to act contrary to the IP5 Manual and not consider all the factors before him or her. [...] The Applicant agrees and says that, in exercising this discretion, officers must give a great deal of attention to the best interests of children affected by their decisions (see Legault, above, at paragraph 11).
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10,966.
Khalil v. Canada (Public Safety and Emergency Preparedness) - 2011 FC 1332 - 2011-11-21
Federal Court DecisionsThe provisions deal with subversion and terrorism. The context in immigration legislation is public safety and national security, the most serious concerns of government. [...] (i) Fairness [45] Ms. Haj Khalil submits that the officer treated her unfairly by failing to provide adequate reasons for his decision and by failing to interview her.
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10,967.
White v. Canada (Citizenship and Immigration) - 2011 FC 1043 - 2011-09-02
Federal Court Decisions[5] Mr. White argues that the Director failed to treat him fairly, rendered an unreasonable decision, breached his rights under the Canadian Charter of Rights and Freedoms, and failed to consider whether his removal to Jamaica would violate Canada’s international obligations. [...] [29] The Director acknowledged that Mr. White’s father had suffered a great deal since his son’s accident and, being 65 and retired, it would be difficult for him to return to Jamaica to care for his son.
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10,968.
Katwaru v. Canada (Citizenship and Immigration) - 2010 FC 1277 - 2010-12-10
Federal Court Decisions(ii) the salutary effects of the confidentiality order, including the effects on the right of civil litigants to a fair trial, outweigh its deleterious effects, including the effects on the right to free expression, which in this context includes the public interest in open and accessible court proceedings. [...] [46] In addition, he submits that section 11.4 of Immigration Manual IP-5, entitled Immigrant Applications in Canada made on Humanitarian or Compassionate Grounds (“IP-5”), issued by Citizenship and Immigration Canada (CIC), identifies additional factors to be considered when dealing with known inadmissibility on grounds
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10,969.
Chartier v. Canada (Attorney General) - 2010 FCA 150 - 2010-06-10
Federal Court of Appeal DecisionsHowever, in the interest of making fair and final decisions, it required that the reconsideration occur within 36 months of the time the benefits were paid or became payable. [...] Although the second decision involves the allocation, under section 36 of the Regulations, of earnings later paid by a trustee in bankruptcy, Wheaton, despite its succinctness, deals specifically with the issue before this Court.
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10,970.
Li v. Canada (Citizenship and Immigration) - 2009 FC 623 - 2009-06-09
Federal Court Decisions[22] The Officer acknowledged the decision of the Federal Court in Biro v. Canada, 2007 FC 776 where the Court decided that the absence of a fair trial process may have negatively affected the ability of the applicant to present a full defence at trial. [...] [53] The language of these provisions strengthens my opinion that the starting point in dealing with an application for protection is the factual determination in accordance with subsection 112(3).
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10,971.
Mediclean Incorporated v. M.N.R. - 2009 TCC 340 - 2009-04-22
Tax Court of Canada JudgmentsBecause in my view we are dealing with standard workers, in order for them to be held to be employees the evidence must indicate that the payer had the right to tell them not only what to do but how to do it. [...] I need to explain to Ms Minto, who is here, and to whoever cares to read these Reasons, that the difference or distinction between an independent contractor and an employee is a matter of law because the rights of third parties are affected; it is not just what is fair between the worker and the payer.
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10,972.
Abbott Laboratories Limited v. Canada (Attorney General) - 2008 FC 700 - 2008-06-04
Federal Court DecisionsAdditional evidence can only be filed with the Court where it describes the proceedings and the evidence before the tribunal whose decision is under review, or where jurisdiction or lack of procedural fairness or bias is in issue (see e.g. Kante v. Canada (Minister of Public Safety and Emergency Preparedness), 2007 FC 109 [...] [32] Applicant’s counsel concedes that the word “obese” does not appear in any of the claims of the ’620 patent but points out that in the description there are two examples given each of which deal with the treatment of obese patients.
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10,973.
Abenakis of Odanak v. Canada (Indian Affairs and Northern Development) - 2008 FCA 126 - 2008-04-04
Federal Court of Appeal Decisionsa) après avoir donné un avis convenable de son intention de ce faire, fixer les règles d’appartenance à ses effectifs; [...] [45] The honour of the Crown requires that it ensure the proper operation of the Indian Act. In Haida Nation v. British Columbia (Minister of Forests), 2004 SCC 73, paragraphs 16-19, McLachlin C.J. wrote that the honour of the Crown is always at stake in its dealings with Aboriginal peoples (paragraph 16).
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10,974.
Sfetkopoulos v. Canada (Attorney General) - 2008 FC 33 - 2008-01-10
Federal Court Decisionswere it not for the decision over 20 years ago that section 7 authorizes them, (see Re B.C. Motor Vehicle Act, [1985] 2 S.C.R. 481), in the determination of what is contrary to the principles of fundamental justice, to pass judgment not only on the procedural fairness but also on the substantive correctness of the law. [...] I do not intend to deal with this case further. It is under appeal. Further, I have found that the unnecessary restrictions on access in subsection 41(b.1) cannot be overcome by a forced monopoly for PPS product for those who cannot grow for themselves or find an available designated producer.
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10,975.
Fortin v. The Queen - 2006 TCC 270 - 2006-07-21
Tax Court of Canada Judgments[37] Having had absolutely nothing to do with the charges at the root of that seizure, Patrick Fortin held on to the establishment and continued to deal with his vendor, that is, the former owner. [...] [56] There is nothing exceptional about these requirements; essentially, they provide a measure of fairness and justice for all of the country's taxpayers.