7,645 result(s)
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6,726.
Ha v. Canada (Minister of Public Safety and Emergency Preparedness) - 2006 FC 594 - 2006-05-12
Federal Court DecisionsIt is clear from the case authorities that a contrary intention has been fairly frequently recognized in connection with statutory duties of the sort created by section 27(1) of the Act. Often such provisions are found to be directory, albeit subject to judicial supervision by way of mandamus for unreasonable delay. [...] [16] One of the most comprehensive decisions dealing with the mandatory/directory question is Rahman v. Alberta College and Assn. of Respiratory Therapy, [2001] A.J. No. 343, 2001 ABQB 222.
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6,727.
Geauvreau-Turner Estate v. Ojibways of Onigaming First Nation - 2006 FC 514 - 2006-04-24
Federal Court DecisionsRather, the purpose of providing an employee with reasonable notice of his/her dismissal (or payment in lieu) is to provide the employee with a fair opportunity to look for another, comparable job. [...] The cases of wrongful dismissal deal with a different concept i.e. that compensation in lieu of reasonable notice to end the contract.
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6,728.
Holway v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1261 - 2005-09-14
Federal Court DecisionsNevertheless, given the fact that the Applicant is seeking to sponsor his aging parents, fairness suggests that some attempt be made to alleviate the delay caused by the possibility that the leave application was only refused because of the Respondent's argument based upon pre-maturity. [...] Russell J. should remain involved in dealing with any such motion for reconsideration and any subsequent review application that might follow with a view to expediting the process if possible, and subject to any further order of the Court and the advice of counsel.
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6,729.
Glaxosmithkline Inc. v. Canada (Attorney General) - 2004 FC 1725 - 2004-12-10
Federal Court Decisions[12] Thus, both patents deal with processes for the controlled release of active substances. [...] The construction of a patent must be neither benevolent nor harsh, but rather should be reasonable and fair to both the public and the patentee.
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6,730.
Safilo Canada Inc. v. Contour Optik Inc. - 2004 FC 1534 - 2004-10-29
Federal Court DecisionsFurther, from the definition of that term in section 2 of the Act, and the interpretation given to the word over the years in dealing with section 55 of the Act (see Electric Chain Company of Canada Ltd. v. Art Metal Works Inc., [1933] S.C.R. 581; Fiberglas Canada Ltd. et al. v. Spun Rock Wools Ltd. et al., [1947] 2 D.L.R. [...] 12. Every enactment is deemed remedial, and shall be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objects.
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6,731.
Sherman v. Canada (Minister of National Revenue) - 2004 FC 1423 - 2004-10-14
Federal Court Decisionsc) contenant des renseignements dont la divulgation risquerait vraisemblablement de nuire aux activités destinées à faire respecter les lois fédérales ou provinciales ou au déroulement d'enquêtes licites, notamment_: [...] Again, it is urged that the person who deals with the IRS is the best person to determine what damage may occur.
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6,732.
Canadian Private Copying Collective v. Amico Imaging Services Inc. - 2004 FC 469 - 2004-03-26
Federal Court Decisions... (i) the duty of the applicant is to make a "full and fair disclosure of all the material facts"; ... [...] (ii) the material facts are those which it is material for the judge to know in dealing with the application as made; ...
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6,733.
Canada (Attorney General) v. Canada (Human Rights Commission) - 2003 FC 1373 - 2003-11-20
Federal Court Decisions[21] The Tribunal considered the cases dealing with the requirements for proving a prima facie case. [...] Moreover, promotions were not decided on an individual basis but rather on the basis of a merit list created annually through a fairly complex process.
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6,734.
Furlong v. Canada (Attorney General) - 2003 FCT 731 - 2003-06-12
Federal Court DecisionsIn order to fully understand this application, it is preferable to deal with the following question first: [...] ou la modifier s’il constate que les conclusions sur les faits ou l’interprétation du droit étaient erronées; il peut aussi le faire sur demande si l’auteur de la demande allègue que les conclusions sur les faits ou l’interprétation du droit étaient erronées ou si de nouveaux éléments de preuve lui sont présentés.
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6,735.
Januario v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 527 - 2002-05-08
Federal Court DecisionsThe report, however, does not address the concern arising from the use of an unfamiliar word, instead it deals with the applicant's understanding of the word torture. [...] In my opinion, this is a fair assessment of the evidence. [29] Similarly, in my view, the CRDD did not base its finding of exclusion on the applicant's alleged admission of having personally committed torture while he served with the ANP. Instead, the CRDD found that the applicant was excluded on the basis of his complicity
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6,736.
Moghtader v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 296 - 2002-03-19
Federal Court DecisionsAfter that, for about 10 months, I was busy dealing with some of my personal matters. [...] [...] g) de remplir, envers les réfugiés, les obligations imposées au Canada par le droit international et de continuer à faire honneur à la tradition humanitaire du pays à l'endroit des personnes déplacées ou persécutées;
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6,737.
Li v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 1242 - 2001-11-14
Federal Court DecisionsWhile a compassionate person could conclude that these were manifestations of the applicant's understandable anxiety in a difficult situation, a fair-minded person could also conclude that the applicant was anxious because she was not being truthful. [...] Mr. Markaki argued that the CRDD only considered the issue of whether punishment for illegal exit was persecutory, without specifically dealing with how the applicants' well-publicized refugee claims would be viewed by Chinese authorities and the effect it might have on their punishment.
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6,738.
Yeager v. Canada (Correctional Service) - 2001 FCT 434 - 2001-05-03
Federal Court Decisions... 4. (1) Sous réserve des autres dispositions de la présente loi mais nonobstant toute autre loi fédérale, ont droit à l'accès aux documents relevant d'une institution fédérale et peuvent se les faire communiquer sur demande: [...] They deal with the traditional emphasis which has been placed, in our justice system, upon an open court system.
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6,739.
Sidhu v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 197 - 2001-03-19
Federal Court DecisionsThus, although subsection 12(3) of the Act does not itself mention time, it is clear that on the basis of subsection 14(2) of the Act, the Minister's own guidelines as described above, and the rules of fairness and natural justice that a reasonable time should be prescribed within which the interview should take place. [...] [19] The Act deals with loss of status for a permanent resident. Subsection 24(1) reads as follows:
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6,740.
Beattie v. Canada - 2000-11-24
Federal Court DecisionsIn addition, declarations are sought regarding personal entitlement to receive payment of an equal per capita share of the total fair market value of the mineral rights of I.R. No. 172 and for compound interest payable in regard to the alleged personal entitlement. [...] The only loss or damage claimed by the plaintiffs as a result of the alleged breach is said to arise from the defendant's dealings with I.R. No. 172.
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6,741.
Weiss v. Canada (Minister of Citizenship and Immigration) - 2000-07-07
Federal Court DecisionsBecause of these problems I felt that my case was not being dealt with fairly and as a result, their negative decision came as no real surprise to me. [...] We are dealing solely with Israel? PRESIDING MEMBER: Unless you have some submissions on that regard.
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6,742.
Bayside Towing Ltd. v. Canadian Pacific Railway - 2000-06-28
Federal Court DecisionsMr. Justice Teitelbaum, in allowing the discovery, did not deal directly with the issue of whether the Rule permitted only discovery of individuals as witnesses as opposed to discovery as agents or representatives of corporations. [...] I need not consider the third and fourth requirements of the Rule, those of fairness and of delay, inconvenience or expense to the person to be examined or to other parties, for those elements were not put at issue.
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6,743.
Hoffmann-La Roche Ltd. v. Canada (Minister of National Health and Welfare) - 1999-03-16
Federal Court Decisions[19] It appears that a similar argument was made in the Pro Doc case, one of the four cases referred to above dealing with the 170 patent, but that did not dissuade Rothstein J. from dismissing the prohibition application in that case as an abuse of process. [...] My view is that those affidavits cannot fairly be read as proof of the date of filing of the submission.
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6,744.
Zucawich v. Canada - 1998-07-06
Federal Court DecisionsYou say in paragraph five of your statement of claim, Judge J.B. Goetz, Mr. J. Shiply, Violette Mchaylow and others conspired to deprive the plaintiff of his constitutional rights, including the right to a fair trial, and the right of innocent until proven guilty." [...] They deal with ultra vires acts of the government. The Court has already dealt with that question of ultra vires acts.
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6,745.
Boxrud v. Canada - 1996-12-04
Federal Court DecisionsI therefore find that the attachment between the original wing of the building and the addition is a permanent one and I will deal with the complex as a single improvement. [...] The Court then lists the various determinations made over the years, in some 22 or so cases, relating to fairly problematic issues.
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6,746.
Watson v. Canada - 2020 FC 129 - 2020-01-28
Federal Court Decisions(c) the representative can fairly and adequately represent the interests of the represented persons; and [...] show that the representative plaintiffs are capable of fairly and adequately representing the collective; and [...] [432] Further, I find that the Watson Plaintiffs have shown they can fairly and adequately represent the collective.
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6,747.
Dow Chemical Company v. NOVA Chemicals Corporation - 2014 FC 844 - 2014-09-05
Federal Court DecisionsSince I have rejected that, I will not deal further with establishing utility or with sound prediction. [...] However, both questions were fairly general and did not expressly identify the main concerns. [...] Therefore, Dr. Speed’s comments at paragraphs 30 to 48 were fair and I would not reduce the weight assigned to them for that reason.
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6,748.
Blair v. Canada (Attorney General) - 2014 FC 861 - 2014-09-10
Federal Court Decisions3. The Commissioner did not fairly consider the evidence filed by the Appellant. [...] [36] The Appellant notes the absence of a provision in Rule 338, which concerns appeals, similar to that found in Rule 303(1)(a), which deals with applications, and which specifically states that a tribunal in respect of which the application is brought shall not be named as a respondent. [...] Further, that the Commissioner failed to treat the Appellant fairly in accordance with the procedures authorized by the Act and the Patent Rules.
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6,749.
AstraZeneca Canada Inc. v. Apotex Inc. - 2010 FC 714 - 2010-06-30
Federal Court DecisionsSome arguments were raised as to hearsay, which I will deal with below. [...] · Omeprazole has a known use; it is effective in dealing with gastric acids and ulcers: [...] MR. BRODKIN: That’s fair, and you’re asking as of May 1993? BY MR. GAIKIS:
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6,750.
Canada (National Revenue) v. Ben‑Menashe - 2023 FC 977 - 2023-07-18
Federal Court Decisions(c) a person with whom the person was not dealing at arm’s length, c) une personne avec laquelle elle avait un lien de dépendance, [...] (i) the amount, if any, by which the fair market value of the property at the time it was transferred exceeds the fair market value at that time of the consideration given for the property, and [...] 169 (1) Lorsqu’un contribuable a signifié un avis d’opposition à une cotisation, prévu à l’article 165, il peut interjeter appel auprès de la Cour canadienne de l’impôt pour faire annuler ou modifier la cotisation :