11,309 result(s)
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1,476.
Mycogen Plant Science, Inc. v. Bayer Bioscience N.V. - 2009 FC 1013 - 2009-10-06
Federal Court DecisionsAn obligation arises on those seeking to gain a patent to act in good faith when dealing with the Patent Office. [...] This disclosure, as the Supreme Court has said, should be full, frank and fair. [...] It is to be expected that there will be full, frank and fair disclosure.
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1,477.
Dugré v. Canada (Attorney General) - 2020 FC 789 - 2020-07-24
Federal Court Decisions[28] It is clear that, contrary to the applicant’s argument, procedural fairness or even constitutional issues are not grounds for short-circuiting the process put in place to deal with matters that Parliament intended to have reviewed by a body it created. [...] In Wilson, both the Federal Court and the Federal Court of Appeal agreed to deal with judicial review. [...] Justice Girouard raised arguments relating to jurisdiction, procedural fairness and administrative invalidity issues.
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1,478.
Nunavut Territory (Attorney General) v. Canada (Attorney General) - 2005 FC 342 - 2005-03-08
Federal Court DecisionsArticle 39 of the Agreement dealing with "Inuit Organizations" applies to Nunavut Tunngavik Incorporated and certain other organizations. [...] Article 4 of the NCLA, dealing with Nunavut political development, mandates NTI, the successor to the Tunngavik Federation of Nunavut (TFN), to negotiate a political accord to deal with the establishment of Nunavut. [...] (2) Did the Minister of Fisheries and Oceans apply the principles of adjacency and economic dependence in such a way as to promote a fair allocation of quota?
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1,479.
Farrier v. Canada (Attorney General) - 2018 FC 1190 - 2018-11-28
Federal Court Decisions[32] Part II of the Act deals with conditional release, detention and long-term supervision. [...] In particular, section 140 of the Act deals with hearings before the Board and section 147 with the right of appeal to the Appeal Division. [...] [43] This affidavit was not before the Appeal Division, which could not deal with these particular issues.
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1,480.
Christen v. Canada (Revenue Agency) - 2021 FC 1440 - 2021-12-17
Federal Court DecisionsI agree with the applicant that the principles of fairness are reflected in each of these decisions. [...] They did not establish a tacit promise or a breach of procedural fairness. [...] • (a) The VDP will deal with the applicant’s file urgently and with priority.
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1,481.
North Shore Health Region v. Canada - 2008 FCA 2 - 2008-01-04
Federal Court of Appeal DecisionsPart I of Schedule V deals with real property. Part II of Schedule V deals with health care services. [...] [12] Part I of Schedule V of the Excise Tax Act deals with real property. [...] There can be no doubt that Kiwanis Care Centre can fairly be described as a medical facility.
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1,482.
Ballantyne v. Nasikapow - 2000-11-22
Federal Court DecisionsAlthough the plain meaning rule has been discredited on many occasions, it is still invoked by some judges when dealing with aids to interpretation that are considered to be "extrinsic" or "external." [...] This Court rejects the application of Crow to this case because Crow did not deal with procedural fairness but with the application of the Canadian Charter of Rights and Freedoms. [...] [74] The following cases demonstrate some of the remedies that this Court has ordered when dealing with contested Indian Band elections.
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1,483.
Bouchard v. Canada (Attorney General) - 2007 FC 608 - 2007-06-07
Federal Court Decisions[21] The Court is of the opinion that there was no breach of procedural fairness. [...] In the situation we are dealing with here, guilt was not what had to be confirmed, it was whether the information received from six different sources was sufficient to raise a valid concern and warrant the transfer. [...] [27] Therefore, there was no breach of procedural fairness and no violation of the applicant’s Charter section 7 rights.
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1,484.
Brar v. Canada (Public Safety and Emergency Preparedness) - 2021 FC 932 - 2021-10-05
Federal Court DecisionsThe next stage will also deal with any question(s) of law that this legislation raises. [...] Only then will the designated judge have the necessary facts and law to render a fair decision. [...] When dealing with a Canadian agency, the same concerns exist subject to proper adaptation in accordance with existing policies.
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1,485.
Chabot v. The Queen - 2000-01-28
Tax Court of Canada JudgmentsHe explained in general terms how he goes about doing appraisals, although he did not specifically deal with each of the artworks in question. [...] In this case, Mr. Lapalme accepted as submitted the appraisal provided by Mr. Amireault with whom he had been dealing for a few years. [...] While evidence of intention may be used by the Courts on occasion to clarify dealings, it is rarely determinative.
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1,486.
McLellan v. Canada (Solicitor General) - 1998-07-23
Federal Court Decisions[3] The proper way to deal with a groundless originating notice of motion is to argue the point at the eventual hearing of the motion: see David Bull Laboratories (Canada) Inc. v. Pharmacia Inc. [1995] 1 F.C. 588 at 596-597 (F.C.A.). [...] "Pour ce fair la jurisprudence a établi que la décision doit avoir un caractère définitif ayant des conséquences juridiques." . [...] [13] Counsel for Mr. McLellan went on to say that the decision to publish the cryptic summary of police information, the Interpol Notice, was without any notice to Mr. McLellan and thus in violation of the principle of fairness.
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1,487.
Ali v. Canada (Minister of Citizenship and Immigration) - 2004 FC 1153 - 2004-08-19
Federal Court Decisions[17] Rule 61 of the RPD Rules also deals with the provision of reasons: [...] In that decision, dealing with a motion to reopen made under the former immigration legislation and former Board Rules,[1] Justice Evans, as he then was, stated as follows at page 260: [...] However, these findings do not end the matter, as the common law of procedural fairness requires some form of reasons.
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1,488.
Martel v. The Queen - 2002-06-07
Tax Court of Canada Judgments(ii) to a person with whom the taxpayer was dealing at arm's length of any property that is [...] (iv) a debt owing to the taxpayer by a Canadian-controlled private corporation (other than, where the taxpayer is a corporation, a debt owing to it by a corporation with which it does not deal at arm's length) that is [...] Once the decision has been made, the parties in question must deal with the consequences, both positive and negative.
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1,489.
Baak v. The Queen - 2002-03-01
Tax Court of Canada Judgments6. The fair market value of the RRSPs at the time of death of the Deceased was $47,420.35. [...] (a) the fair market value of all the property of the plan at the time of death [...] I find that they did not deal with relevant discrimination under the Income Tax Act.
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1,490.
Buccini v. Canada - 2000-11-20
Federal Court of Appeal DecisionsThe Continental Bank case merely reasserts an established rule of procedural fairness that requires the Crown to give a taxpayer adequate notice of the basis of reassessment, so that a taxpayer can fairly appeal or respond. [...] (1) Agreement to issue shares to employees -- Subject to subsection (1.1), where a corporation has agreed to sell or issue shares of the of the capital stock of the corporation or of a corporation with which it does not deal at arm's length to an employee of the corporation with which it does not deal at arm's length, [...] (e) à titre de contrepartie total ou partielle des services rendus comme cadre ou l'employé doit faire, ou ne doit pas faire, avant ou après la cessation de l'emploi.
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1,491.
Lemay v. Canada (Attorney General) - 2019 FC 608 - 2019-05-08
Federal Court DecisionsB. Was the Adjudicator’s decision procedurally fair? (1) The Parties’ Submissions [...] He was quiet as he was trying to find a way to deal with it. • He asserts he does not feel he is the “ignoring” type. [...] If he was quiet, it was his way of dealing with his own issues. • He never expected the complainant to carpool, pick up vehicles, or do other things for him.
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1,492.
Bighetty v. Barren Lands First Nation - 2014 FC 171 - 2014-02-21
Federal Court DecisionsThe first part of the ELECTION APPEALS provisions deals with discrepancies in the method of elections. [...] [48] Depending on the grounds relied upon, the nature of procedural fairness will vary. [...] Where misconduct is alleged, the fairness element will be more substantive.
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1,493.
Deer Lake Regional Authority Inc. v. Canada (Attorney General) - 2008 FC 1281 - 2008-11-17
Federal Court Decisions“ . . . that the Minister failed to observe procedural fairness, failed to comply with his implied duty to act fairly in the exercise of statutory powers, and acted contrary to law in that: [...] [26] The Applicant also submits that the prothonotary had to deal with the issue of procedural fairness. [...] “It is in this context that we find section 317 of the Rules dealing with the request for disclosure of material.
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1,494.
Faci v. Canada (Public Safety and Emergency Preparedness) - 2011 FC 693 - 2011-06-14
Federal Court Decisionsc. Whether the Decision was made in a procedurally fair manner. STATUTORY PROVISIONS [...] Immigration officials have no heightened duty of fairness when dealing with a person in custody, even though that person’s liberty is restricted. [...] [37] Justice Mosley found that there was no breach of procedural fairness.
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1,495.
Boivin v. M.N.R. - 2017 TCC 31 - 2017-02-17
Tax Court of Canada JudgmentsThe parties agree that Ms. Boivin worked from home and seemed to have a fairly flexible schedule. [...] [3] Under paragraph 5(2)(i) of the Employment Insurance Act (EIA), it goes without saying that an employment is not insurable if the employer and employee are not dealing with each other at arm’s length. [...] In such a case, the idea is to offer effective and fair remuneration under a social contract between the payer and the employee.
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1,496.
Re:Sound v. Canadian Association of Broadcasters - 2017 FCA 138 - 2017-06-28
Federal Court of Appeal Decisions(a) in establishing fair and equitable royalties to be paid pursuant to this Act; and [...] This case deals with the interpretation of a similar regime and is not part of a shared jurisdiction with courts. [...] [T]he SOCAN and NRCC tariffs deal with a similar use in a similar market.
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1,497.
Canada v. McLarty - 2006 FCA 152 - 2006-04-27
Federal Court of Appeal Decisions(a) where a taxpayer has acquired anything from a person with whom the taxpayer was not dealing at arm's length at an amount in excess of the fair market value thereof at the time the taxpayer so acquired it, the taxpayer shall be deemed to have acquired it at that fair market value; [...] (a) related persons shall be deemed not to deal with each other at arm's length; and [...] This is not a situation where paying more than the fair market value would be unreasonable.
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1,498.
Canada (Minister of Citizenship and Immigration) v. Jaballah - 2004 FCA 257 - 2004-07-13
Federal Court of Appeal DecisionsParagraph 78(c) provides that the judge shall deal with all matters as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit. [...] Therefore, the judge must be in a position to deal practically with delay by the MCI. [...] (c) the judge shall deal with all matters as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit;
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1,499.
Merck Frosst Canada & Co. v. Canada (Minister of Health) - 2004 FC 959 - 2004-07-06
Federal Court DecisionsWhere it can fairly be said that all possible causes have been canvassed, the strongest must be the winner. [...] Couple this with cases dealing with hearsay and the other side to a dispute would have a tremendous advantage. [...] To paraphrase Lord Diplock, "might the deletion fairly lead to a chain of inquiry"?.
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1,500.
Johal v. Canada Revenue Agency - 2009 FCA 276 - 2009-09-25
Federal Court of Appeal Decisions(2) No collective agreement may deal with matters governed by the staffing program. [...] Whether the CRA intended the Staffing Program to deal comprehensively with staffing matters is not the issue. [...] Further, subsection 54(2) expressly provides that no collective agreement may deal with a matter governed by the Staffing Program.