11,311 result(s)
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1,926.
Graymar Equipment (2008) Inc. v. Cosco Pacific Shipping Ltd. - 2018 FC 974 - 2018-10-02
Federal Court DecisionsSummary judgments go back to 1978, while Rule 216, dealing with summary trials, was only added in 2009. [...] Lawyers should consider their client’s limited means and the nature of their case and fashion proportionate means to achieve a fair and just result. [...] The summary of these invoices by Mr. Braconnier indicates that a fair amount of the repair work was done by Fraser River.
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1,927.
Ace-J Transportation Inc. v. M.N.R. - 2010 TCC 174 - 2010-04-15
Tax Court of Canada JudgmentsSome of them are fairly dated, such as tab 4, Lister Transportation which was back in 1998. [...] It was said that this management fee was to assist them with their schedules, but I repeat that that is unusual, unreasonable and a great deal of control over the worker. [...] [40] I am moved to comment on the Minister's Reply because, in fairness to the Appellant, there is not a lot in the Reply to argue with because there is a not a lot in the Reply that is determinative of the issue before the Court.
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1,928.
St-Pierre c. La Reine - 2007 TCC 90 - 2007-02-28
Tax Court of Canada JudgmentsAll that is required is that the husband should so deal with the property as to divest himself of it and vest it in his wife, that is to say, pass the property from himself to her. [...] (i) does not deal with the individual at arm's length, or (ii) is the niece or nephew of the individual. [...] (a) at the time of the transfer the fair market value of the transferred property did not exceed the fair market value of the property received by the transferor as consideration for the transferred property;
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1,929.
Lafontaine c. La Reine - 2007 TCC 89 - 2007-02-28
Tax Court of Canada JudgmentsAll that is required is that the husband should so deal with the property as to divest himself of it and vest it in his wife, that is to say, pass the property from himself to her. [...] (i) does not deal with the individual at arm's length, or (ii) is the niece or nephew of the individual. [...] (a) at the time of the transfer the fair market value of the transferred property did not exceed the fair market value of the property received by the transferor as consideration for the transferred property;
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1,930.
Riley v. The Queen - 2003 TCC 409 - 2003-07-14
Tax Court of Canada JudgmentsSymes is not a case dealing with the same kind of expenses as those claimed in these particular appeals: it deals rather with child care expenses. [...] I think it is fair to allow 70 percent of these expenses. But with respect to the 1998 taxation year, an adjustment has to be made to the computation of CCA; the amount of undepreciated capital cost (UCC) appears to be wrong. [...] Also, I have taken into account the fact that the Minister allowed 20 percent of the rental expenses, which in my view, is fairly generous.
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1,931.
Ponnusamy v. Canada (Minister of Citizenship and Immigration) - 2000-06-16
Federal Court DecisionsBecause I'm not dealing with whether or not you can sponsor a fiancee to come here. [...] I'm dealing with the fact that you've still got an outstanding deportation order against you. [...] b) faire prêter serment et interroger sous serment; (c) during a hearing, receive such additional evidence as it may consider credible or trustworthy and necessary for dealing with the subject-matter before it.
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1,932.
Gerrard v. Canada (Attorney General) - 2010 FC 1152 - 2010-11-17
Federal Court DecisionsC. Did the Commission breach procedural fairness during its investigation process? [...] (3) Did the Commission Breach Procedural Fairness During its Investigation Process? [...] Moreover, an investigator is not required to deal exhaustively with every allegation made by a complainant.
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1,933.
Robinson v. Canada (Attorney General) - 2006 FC 1064 - 2006-09-07
Federal Court Decisions3. There is an overall duty to act fairly by ensuring that the inquiry is carried out in a fair manner and with due regard to natural justice. [...] ¶ 16 It is quite clear that the informal resolution of disciplinary offences is an important aspect of dealing with the offence, but is not a mandatory step. [...] [36] I will not deal with the remaining issue as I am of the opinion that the decision of the Chairperson in what concerns the section 40(j) charge for being in possession of an unauthorized item should be quashed as the procedural fairness guarantees established in the CCRR were violated and the Chairperson erred in law in
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1,934.
Tractor Supply Co. of Texas v. TSC Stores LP - 2009 FC 154 - 2009-02-12
Federal Court Decisions(d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or [...] Such information is not only a requirement of fairness but may also in fact contribute to a saving of the Court’s time... [...] Hence, I do not see any problem with Prothonotary Milczynski’s decision in so far as it deals with procedural abuse.
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1,935.
Zundel v. Canada - 2004 FCA 145 - 2004-04-01
Federal Court of Appeal Decisions(c) the judge shall deal with all matters as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit; [...] g) si le juge décide qu'ils sont pertinents, mais que leur divulgation porterait atteinte à la sécurité nationale ou à celle d'autrui, ils ne peuvent faire partie du résumé, mais peuvent servir de fondement à l'affaire; [...] ... (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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1,936.
Buffalo v. Canada - 2003 FC 975 - 2003-08-12
Federal Court Decisions[39] R. v. Brown, [2001] P.E.I.J. No. 8 (S.C.T.D.) is another recent case dealing with the same parliamentary privilege. [...] [51] This section's purpose is to ensure fair adjudications of individual rights and obligations. [...] It deals with procedural fairness, which implies the right to state one's case adequately; see Canada (Attorney General) v. Central Carthage Co., [1990] 2 F.C. 641 (C.A.) at paras. 39-40.
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1,937.
Sauvé v. Canada (Attorney General) - 2016 FC 401 - 2016-04-11
Federal Court DecisionsIn determining that the commission report was reviewable, the Court of Appeal relied upon paragraph 18.1(4)(b) of the FC Act dealing with procedural fairness and natural justice. [...] Matters dealing with privacy rights are therefore also very important. [...] (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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1,938.
Canada (Attorney General) v. Kamel - 2009 FCA 21 - 2009-01-23
Federal Court of Appeal DecisionsHe argued, first of all, that the rules of procedural fairness had been violated. [...] He set aside the Minister’s decision and remitted the file to the Minister for a re‑determination that meets the requirements of procedural fairness. [...] This affidavit and these documents deal primarily with the “administrative” component of this case, which is no longer in dispute before us.
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1,939.
Stevens v. Conservative Party of Canada - 2005 FCA 383 - 2005-11-17
Federal Court of Appeal Decisions(b) ensure that all election officers act with fairness and impartiality and in compliance with this Act; [...] [33] However, there is no such obligation in the sections of the Act that deal with mergers of registered parties. [...] Section 28, by its very terms, must be read in tandem with section 18, which deals with the traditional prerogative writs, including certiorari and mandamus.
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1,940.
Apotex Inc. v. Eli Lilly and Company - 2005 FCA 361 - 2005-11-02
Federal Court of Appeal Decisions(a) to limit unduly the facilities for transporting, producing, manufacturing, supplying, storing or dealing in any product, [...] None deals with intellectual property rights. Moreover, it is clear that Parliament considered the interface of the Competition Act and intellectual property rights. [...] [35] It should be noted, however, that none of the hypothetical examples provided in Part 7 of the Guidelines deals with the facts of the present case.
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1,941.
Hardy Estate v. Canada (Attorney General) - 2013 FC 728 - 2013-07-02
Federal Court Decisions[30] Karl Hardy submitted a letter dated March 27, 2012 requesting that I immediately deal with the Hardys’ motions. [...] [31] Karl Hardy submitted another letter on April 3, 2012 repeating his request that I deal with the Hardys’ outstanding motions. [...] Up to this point, all of my dealings with the parties had been in writing.
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1,942.
Canada (Attorney General) v. Public Service Alliance of Canada - 2015 FCA 273 - 2015-11-30
Federal Court of Appeal DecisionsThe Code is divided into three parts, dealing respectively with collective bargaining, occupational health and safety, and labour standards. [...] [18] Employees have a number of remedies available under the Code to deal with occupational health and safety issues. [...] c) l’employeur a mis en place une procédure et des mécanismes de contrôle efficaces et sollicité le concours des employés pour faire face à la violence dans le lieu de travail.
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1,943.
Black v. The Queen - 2007 TCC 676 - 2007-09-17
Tax Court of Canada Judgments[33] In dealing with the credibility of the Appellant, I can state quite candidly I did not find the Appellant as a particularly credible witness. [...] [50] In dealing with the assets used by the Respondent in determining the net worth of the Appellant, and therefore the income for 1995 of the Appellant to 1998, I would note the following: [...] [51] The assessment of this value is fair and reasonable and is not really in dispute.
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1,944.
Employee no. 1 v. Canada - 2006 FC 699 - 2006-06-05
Federal Court Decisions[...] En outre, les employés de la Fonction publique qui reçoivent actuellement une prime de bilinguisme continueront de le faire, comme dans le passé. [...] I believe that this question should be submitted to the judge who will hear the application for judicial review for a fair and complete determination of the rights of the parties to the litigation. [...] [22] Lastly, it should be noted that the applicants have included claims in this application that deal with matters that were not before the decision-maker in August 1999.
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1,945.
Boulanger v. The Queen - 2002-07-04
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 [...] According to counsel for the respondent, Stewart deals with the tests for determining whether there is a source of income.
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1,946.
O’Grady v. Bell Canada - 2012 FC 1448 - 2012-12-07
Federal Court Decisionse. an order for Final Release to be void ab initio since procedural fairness in the manner of termination was denied; [...] 2. Was the Commission’s decision not to deal with Ms. O’Grady’s complaint reasonable? [...] Therefore, the Commission should not have refused to deal with her complaint.
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1,947.
Québecor Inc. v. The King - 2023 TCC 142 - 2023-10-03
Tax Court of Canada Judgments(i) the fair market value, immediately after the disposition, of those common shares of that class, [...] [240] Subsection 85(1) of the ITA deals with the transfer of property to a taxable Canadian corporation by a shareholder. [...] [263] Subsection 88(1) of the ITA deals with the winding-up of a subsidiary that is 90% owned by its parent.
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1,948.
Pelletier v. Delorme - 2019 FC 1487 - 2019-12-13
Federal Court DecisionsAccording to the Respondents, the fairness of the Decisions is self-evident. [...] The first is whether the Applicants are entitled to procedural fairness. [...] In McLeod Lake Indian Band v Chingee, 153 FTR 257, 165 DLR (4th) 358 (FCTD), though dealing with an election dispute, Justice Reed stated at para 10:
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1,949.
Canada v. Construction Bérou Inc. - 1999-11-15
Federal Court of Appeal DecisionsYet, the attempt by Parliament to harmonize the two systems with a view to providing fair and equal treatment to all Canadian taxpayers cannot be doubted. [...] It was revised on February 11, 1983 and replaced by Bulletin IT-233R. Like its predecessor, the latter deals with leasing agreements with sale or leaseback options. [...] 52 This is the language used in the option clause dealing with the six International trucks.
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1,950.
Canada (Citizenship and Immigration) v. Mahjoub - 2011 FC 887 - 2011-07-14
Federal Court DecisionsThe law then says that in fairness and consistency, it must be entirely waived. [...] At the time when the arrangement was being negotiated what was your understanding about dealing with solicitor/client calls? [...] At the time when the arrangement was being negotiated what was your understanding about dealing with solicitor/client calls?