11,311 result(s)
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1,826.
Welcome v. Canada - 2024 FC 443 - 2024-03-19
Federal Court DecisionsAggravated damages of $300,000 for the Plaintiff’s vexatious experience resulting in the Plaintiff’s moral indignation due to a loss of faith in the federal civil service’s ability, or willingness, to conduct itself in good faith and fair dealing when managing a hiring competition; [...] Any other relief that this Court may consider fair and equitable. II. Issues [...] a) révoquer la nomination ou ne pas faire la nomination, selon le cas;
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1,827.
Henkel Canada Corp. v. Conros Corp. - 2004 FC 1747 - 2004-12-17
Federal Court Decisionsc) faire passer d'autres marchandises ou services pour ceux qui sont commandés ou demandés; [...] That section in its terms deals only with the "exclusive right to the use throughout Canada of a registered trade-mark in respect of those wares or services" for which it is registered. [...] [11] Dealing with TMA210,104 and TMA216,365 in neither case is the mark used by defendant, which includes the possessive apostrophe but omits any design feature, the exact same mark for which plaintiff holds these registrations.
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1,828.
Trottier v. The Queen - 2004 TCC 526 - 2004-08-12
Tax Court of Canada Judgmentsj) as of December 10, 1997, and May 29, 1998, the fair market value of the exchange units was nil; [...] [24] What is the value of these bartering points to a corporation that deals exclusively with its own members? [...] The accountant’s completely arbitrary and self-interested appraisal was certainly not the way to determine their fair market value.
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1,829.
McKesson Canada Corporation v. The Queen - 2014 TCC 266 - 2014-12-02
Tax Court of Canada JudgmentsShe clearly understood that when the transaction could be terminated would have a fairly significant affect on the overall risk that was being transferred. [...] Appellant’s counsel later took Mr. Reifsnyder back to confirm that while at CAP MAC and MBIA, he worked on Canadian-related deals, being U.S. commercial paper deals managed by two of Canada’s major banks. [...] The financier may well look at it that way but the fact he can’t tell me they’ve ever done a deal, isn’t it, to state the obvious, there’s nobody on the other side that would do a deal like that unless they’re worse than junk bond status?
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1,830.
Tapia Fernandez v. Canada (Citizenship and Immigration) - 2020 FC 889 - 2020-09-09
Federal Court Decisions[21] In this situation, I will review the matter to determine if it was fair or not. [...] I will deal with the prejudice component first. (1) Prejudice Component-Procedural Fairness [...] Section. 200(3) deals with if you are a temporary worker and who work contrary to the conditions on their work permit.
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1,831.
Pretashi v. Canada (Public Safety and Emergency Preparedness) - 2019 FC 1105 - 2019-08-27
Federal Court DecisionsThe FCA (at para 9) and Justice Strickland (at paras 23–25) both were dealing with applicants that, after the decision under review, had done things that meant they came to the Court with unclean hands. [...] For that reason I am dealing with the matter on the merits. III. Issues [...] A. Issues one and two: Procedural fairness and the officer’s interactions with the first wife
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1,832.
Flynn v. Canada (Attorney General) - 2007 FC 14 - 2007-01-08
Federal Court DecisionsPart of that obligation is to provide the offender with sufficient information to afford him a fair opportunity to respond to the allegations against him. [...] [23] In the case at bar, we are dealing with an alleged infringement of a right to contact visits, provided for in subsection 90(1) of the Regulations. [...] The Court cannot comment on the reasonableness of the decision if it is determined that the rules of procedural fairness were not observed.
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1,833.
Kouridakis v. Canadian Imperial Bank of Commerce - 2019 FC 1226 - 2019-09-24
Federal Court DecisionsIn that case, the determinative issue related to procedural fairness. [...] G. The issue of Mr. Kouridakis not having been treated fairly following the Elevator Incident [...] In fact the directive to the tribunal was only to deal with those two issues.
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1,834.
Prophet River First Nation v. Canada (Attorney General) - 2015 FC 1030 - 2015-08-28
Federal Court DecisionsThey base their submissions on the idea that the GIC violated procedural fairness in not taking into account all relevant information or considerations. [...] The infringement of those important and fundamental treaty rights require a complete evidentiary record, that has reached the standard of admissibility at trial, to be reasonably and fairly determined. [...] Sharp dealing is not permitted. However, there is no duty to agree; rather, the commitment is to a meaningful process of consultation.
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1,835.
Transport Robert (Québec) 1973 Ltd. v. Brazeau - 2019 FC 1203 - 2019-09-23
Federal Court Decisions[4] It is helpful to start with the applicable legal framework before dealing with the facts. [...] 6 (1) Sous réserve du présent article et de l’article 8, la durée normale du travail d’un conducteur routier de véhicule automobile peut dépasser 40 heures par semaine mais non 60 heures et nul employeur ne doit faire ou laisser travailler un tel conducteur au-delà de 60 heures par semaine. [...] It is reasonable for the referee not to deal with an issue that is not within the scope of the issues stated in the notice of appeal.
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1,836.
Yakoubi v. Canada (Public Safety and Emergency Preparedness) - 2019 FC 776 - 2019-05-31
Federal Court Decisions[4] The Applicant seeks judicial review of all three reports; these proceedings have been consolidated and this decision deals with all three matters. [...] [54] A court assessing a procedural fairness argument is required to ask whether the procedure was fair having regard to all of the circumstances, including the Baker factors. [...] That, in and of itself, is generally sufficient to amount to a denial of procedural fairness.
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1,837.
S. N. v. Canada (Citizenship and Immigration) - 2016 FC 821 - 2016-07-19
Federal Court DecisionsThe applicants are both [educated] and they both work for a company, [REDACTED], that has had dealings with [three Iranian nuclear entities]. [...] [48] That is where the fairness letter and the response to it are important. [...] The letter of [REDACTED] by the applicant also in response to the fairness letter did not address either the concerns raised in the fairness letter.
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1,838.
Neighbouring Rights Collective of Canada v. Astral Media Radio Inc. - 2010 FCA 16 - 2010-01-18
Federal Court of Appeal Decisions(2) For the purpose of calculating advertising revenues, goods and services shall be valued at fair market value. [...] As to compensations in kind, paragraph 2(a), which provide that goods and services are valued at their fair market value, is sufficient to deal fairly with all the other concerns raised in this respect. [...] Subsection 2(2) deals with an obvious problem left open by subsection 2(1), namely, the valuation of those goods and services.
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1,839.
Jazz Air LP v. Toronto Port Authority - 2006 FC 567 - 2006-05-02
Federal Court DecisionsGenerally, these decisions and acts that are under review, raise the issue of whether the TPA acted in excess of its statutory jurisdiction under the Canada Marine Act in its dealings with Jazz and in its dealings with a prospective competitor of Jazz, one of the Deluce Parties: Porter Airlines Inc., all in respect of the [...] [3] Jazz pleads that the TPA has restricted and threatened to eliminate its access to and use of the Toronto City Centre Airport; discriminatorily denied them any access to space for passenger facilities; discouraged or precluded fair, reasonable and competitive access by airline users and/or conducted its affairs in a [...] [4] With respect to the relief sought by Jazz, aside from declaratory relief, Jazz seeks to set aside any acts or decisions of the TPA that the Court determines have been made in excess of its jurisdiction, in restraint of trade or in breach of its obligations to act fairly, reasonably and in good faith.
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1,840.
Gao v. Canada (Minister of Citizenship and Immigration) - 2000-10-06
Federal Court Decisions[3] Counsel for the applicant suggests that the visa officer erred in law by considering the language proficiency in determining the personal suitability factor raising the double counting issue; he also submits that the visa officer failed with respect to the duty of fairness owed to the applicant by not advising him of [...] has a great deal of difficulty of understanding me; I require an interpreter: reading test "not bad on question submitted"; two good answers out of three; ability to write: good; he speaks English labouriously; great deal of difficulty during the interview; speaks English with difficulty; allows two points for his English. [...] [7] With respect to the issue of lack of fairness, that the visa officer having failed to advise the applicant of his concerns about the applicant's personal suitability, the uncontroverted evidence is provided by the visa officer in his affidavit wherein he states as follows:
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1,841.
Adams v. The Queen - 1999-11-15
Tax Court of Canada JudgmentsThe Indian Act defines "reserve" but nowhere deals with the creation of a reserve. [...] these sections confirms that Indians who acquire and deal in property outside lands reserved for their use, deal with it on [...] [16] Section 89 of the Act, which deals with this issue, is worded similarly to section 87:
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1,842.
Canada v. Piot - 2019 FCA 53 - 2019-03-25
Federal Court of Appeal DecisionsClause 2.01 of the 1991 lease deals with the setting of the rent at the conclusion of each five-year period: [...] [86] I now turn to the last three issues which all deal with the rate of return. [...] [88] I shall deal with these in turn. [89] The lease provides that the rent shall be “based on the fair market value of the land.” The lease does not provide any further guidance as to how the rent is to be set.
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1,843.
Canada (Attorney General) v. Lavoie - 1998-09-09
Federal Court Decisions128. (1) Sous réserve des autres dispositions du présent article, l"employé au travail peut refuser d"utiliser ou de faire fonctionner une machine ou une chose ou de travailler dans un lieu s"il a des motifs raisonnables de croire que, selon le cas: [...] (2) L"employé ne peut invoquer le présent article pour refuser de faire fonctionner une machine ou une chose ou de travailler dans un lieu lorsque, selon le cas: [...] The bottom line in this matter is that the Canada Labour Code, as it now stands, is an inappropriate means of dealing with health and safety concerns in correctional institutions.
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1,844.
Ahmed v. Canada (Public Safety and Emergency Preparedness) - 2018 FC 471 - 2018-05-02
Federal Court DecisionsThis gives rise to an issue of procedural fairness. IV. Standard of Review [...] [17] Questions of procedural fairness are reviewed on a correctness standard (Mission Institution v Khela, 2014 SCC 24 at para 79). [...] Therefore, the Minister’s Delegate breached the duty of procedural fairness.
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1,845.
Mazarei v. Canada (Citizenship and Immigration) - 2014 FC 322 - 2014-04-02
Federal Court Decisions[7] The Ankara office also hired 17 new staff members in order to deal with the increased workload. [...] This would appear to indicate that the respondent acted in good faith in an attempt to deal with the situation. [...] [20] In applying the fairness principle, it is relevant in this case to look at the impact of the Applicant’s position vis-à-vis others.
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1,846.
Universal Sales, Limited v. Edinburgh Assurance Co. Ltd. - 2012 FC 1192 - 2012-10-12
Federal Court DecisionsThere had been a change of solicitors by the defendants; both sides needed a great deal of time to collect documents as the Irving Whale had sunk in 1970; there were serious issues with respect to discovery of documents and privilege. [...] Indeed, while section 36 of the Federal Courts Act deals with pre-judgment interest, subsection 7 provides that the section does not apply if relief is sought under Canadian maritime law, as is the case here. [...] Unlike some provinces, our Federal Courts Rules do not specifically deal with this point.
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1,847.
Guiseppe Ferraro v. Canada (Citizenship and Immigration) - 2011 FC 801 - 2011-06-30
Federal Court Decisions[6] Mr. Ferraro raises several issues with the decision, including issues of procedural fairness. [...] [14] The parties are agreed that questions involving procedural fairness, including the allegation of a reasonable apprehension of bias, are reviewable on a correctness standard (Canada (Citizenship and Immigration) v Khosa, 2009 SCC 12 at paragraph 43 [Khosa]; Dunsmuir v New Brunswick, 2008 SCC 9 [Dunsmuir]; Ahmad v Canada [...] In his voluminous and numerous submissions, and despite the fact that he deals at length with his later criminal charges, Mr. Ferraro never contested the fact that physical evidence was recovered from his business premises in 2003.[15] In the particular circumstances, it was within the decision-maker’s discretion to
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1,848.
Purdue Pharma v. Pharmascience Inc. - 2007 FC 1196 - 2007-11-15
Federal Court DecisionsIn those earlier cases, the applicants were seeking the reversal essentially on arguments of what the Regulations contemplated, and on grounds of procedural fairness and prejudice. [...] Further, it is fair to say that proceedings under the Regulations had not, at that time, reached the same proportions as they have now reached. [...] In other words, the goal and the precondition would be that is should not affect the substantive rights of the parties and the fairness of their procedural rights.
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1,849.
Mahendran v. Canada (Minister of Citizenship and Immigration) - 2004 FC 255 - 2004-02-20
Federal Court DecisionsIt concluded the portion of its reasons dealing with the Applicant's credibility in the following terms: [...] [20] I will deal first with the issue regarding the RPD's credibility assessment, secondly with its assessment of country conditions and lastly with the issue regarding post-hearing evidence. [...] In the absence of such paragraphs, I find a breach of fairness to have occurred.
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1,850.
Tabaj v. Canada (Minister of Citizenship and Immigration) - 2004 FC 90 - 2004-01-22
Federal Court DecisionsThe aim of the board's guideline, it is argued, is to specifically address how the board should operate when dealing with minor claimants. [...] The best interests of the child were not served and Maria cannot be said to have had a fair hearing. [...] Maria was not deprived of a fair hearing. [32] Maria's counsel proposed two questions for certification: