7,645 result(s)
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6,801.
Lakhani v. Canada (Citizenship and Immigration) - 2008 FC 656 - 2008-05-26
Federal Court Decisions[...] Or, la demanderesse ne soumet aucune preuve démontrant qu’elle a demandé la protection des autorités de son pays ou qu’elle n’a pu le faire ou qu’elle ne pourrait recourir è cette protection dans le futur. [...] [...] [41] As such, I am of the opinion that her analysis corresponds with the Federal Court of Appeal's decision in Rajudeen v. Canada (Minister of Employment and Immigration), [1984] F.C.J. No. 601 (QL) (Rajudeen), the leading case dealing with the notion of persecution under the Act in terms of refugee status under the
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6,802.
Canada (Public Safety and Emergency Preparedness) v. Cortez Muro - 2008 FC 566 - 2008-05-01
Federal Court DecisionsHowever, the Board did not lose its way in dealing with the important subject matter. [...] [30] With the Supreme Court of Canada’s decision in Dunsmuir v. New Brunswick, 2008 SCC 9, the Court has clarified that there are only two standards of review - reasonableness regarding issues of fact and mixed fact and law and correctness on issues of law and procedural fairness.
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6,803.
Eli Lilly and Company v. Apotex Inc. - 2007 FC 1041 - 2007-10-10
Federal Court DecisionsBartlett does not address whether other experts to deal with the competition law issues are necessary. [...] The appropriate consideration is whether taken as a whole, does the case which a party has to present or to meet fairly require more than five (5) experts.
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6,804.
Haché v. Canada (Fisheries and Oceans) - 2006 FC 940 - 2006-08-01
Federal Court DecisionsAfter having heard the parties on this application, I reached the conclusion that a postponement was appropriate in the circumstances, out of fairness, but that it was not appropriate to postpone the hearing to the fall as Ms. Sivret had requested. [...] In fact, this case is similar to the scenario my colleague Madam Justice Heneghan had to deal with in Tucker v. Canada, 2004 FC 1729.
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6,805.
Thambiturai v. Canada (Solicitor General) - 2006 FC 750 - 2006-06-20
Federal Court DecisionsThese documents indicate that the latter was arrested in Paris on February 16, 1988 with other people in a deliberate act of trying to deal 720 grams and 560 grams of heroin. [...] a) directement ou indirectement, faire une présentation erronée sur un fait important quant à un objet pertinent, ou une réticence sur ce fait, ce qui entraîne ou risque d'entraîner une erreur dans l'application de la présente loi;
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6,806.
Front Carriers Ltd. v. Atlantic & Orient Shipping Corporation - 2006 FC 18 - 2006-01-11
Federal Court Decisions2. The plaintiff should give particulars of his claim against the defendant, stating the ground of his claim and the amount thereof, and fairly stating the points made against it by the defendant. [...] 2. An order is granted restraining the defendant whether by themselves, their servants or agents, or any of them or otherwise, howsoever from removing from the jurisdiction or disposing of or dissipating, pledging, charging, assigning or otherwise dealing with any of the defendant's assets in Canada, including in particular
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6,807.
Canada (Minister of Citizenship and Immigration) v. Ryjkov - 2005 FC 1540 - 2005-11-16
Federal Court Decisions[16] The tribunal then turned to a consideration of the documentary evidence and referred, in particular, to a document entitled "Confessions at any Cost" published in 1999 by Human Rights Watch, which deals with police torture in Russia. [...] Those affected may [page846] be more likely to feel they were treated fairly and appropriately if reasons are given: de Smith, Woolf, & Jowell, Judicial Review of Administrative Action (5th ed. 1995), at pp. 459-60.
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6,808.
Nassr v. Tele-Mobile Company (Telus Mobility) - 2005 FC 306 - 2005-03-01
Federal Court Decisions[57] The fact that the adjudicator took the restructuring into account when assessing whether the dismissal was fair does not amount to reassessing the motivation for the dismissal of the applicant, as he argued. [...] In the case at bar we were not dealing with the same facts underlying, but with subsequent incidents of the same type.
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6,809.
Sandor v. Canada (Minister of Citizenship and Immigration) - 2004 FC 1782 - 2004-12-30
Federal Court Decisionsquestioning of the applicant by the Board member as noted above and as evidenced elsewhere in the transcript of the hearing, in addition to the fact that the RPO was allowed to cross-examine the applicant before his examination in chief was completed, resulted in a denial of the applicant's entitlement to a fair hearing. [...] [37] Because of my finding on Issue 1, I need not deal with the remaining issue.
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6,810.
Annapolis Valley First Nations Band v. Toney - 2004 FC 1728 - 2004-12-13
Federal Court Decisions[24] This conclusion is consistent with several Supreme Court of Canada cases dealing with labour decisions and strong privative clauses. [...] In fairness to both legal opinions, it does not appear that the legal counsel rendering the opinions were fully informed about the facts in this case.
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6,811.
Narsimhalu v. Air Canada - 2003 FC 945 - 2003-08-01
Federal Court DecisionsI say that simply because in the way in which these proceedings developed, it was agreed between counsel and the Court that we should deal with this matter today strictly on issues of law, matters of fact being left to another day, if necessary. [...] 17. Tous les tribunaux ayant juridiction sous le régime de la présente loi et les fonctionnaires de ces tribunaux sont tenus de s'entraider et de se faire les auxiliaires les uns des autres en toutes matières prévues par la présente loi, et une ordonnance du tribunal sollicitant de l'aide au moyen d'une demande à un autre
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6,812.
Angloflora Ltd. v. Cast Elk (The) - 2002 FCT 955 - 2002-09-10
Federal Court Decisions[15] The plaintiffs appellants have been dealt with more than fairly by counsel for the defendant as well as by judges and prothonotaries of this Court in this matter. [...] the non-payment of the costs awarded in the February 5 and May 6 orders, only para. 4(f) of a signed statement (not a sworn affidavit) by a collection officer acting for the plaintiffs, and paras. 5 and 6 of a signed statement (not a sworn affidavit) by counsel for the plaintiffs deal with this aspect of the matter.
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6,813.
Seaspan International Ltd. v. Canada - 2002 FCT 675 - 2002-06-14
Federal Court Decisions... c) dans le cas de combustible diesel devant servir à la production d'électricité, sauf lorsque l'électricité ainsi produite est principalement utilisée pour faire fonctionner un véhicule. [...] [30] Dawson J.'s order dated August 28, 2001, held that the trial judge would deal with the costs regarding her order.
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6,814.
Dupuis v. Canada (Attorney Genera) - 2002 FCT 508 - 2002-05-03
Federal Court Decisions[28] The Appeal Division examined the three aspects of the applicant's appeal: first, the reasonableness of the decision; second, the assessment of risk; and third, the duty to act fairly. [...] Once that decision is made, the release plan became irrelevant because it deals with how releases should be implemented.
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6,815.
Cha v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 311 - 2002-03-22
Federal Court Decisions[3] NOC:5122 deals with the occupation of Editors. The occupation of Editors is described in the following terms: [...] I accept the submission of counsel for the respondent that the visa officer was entitled to give greater weight to certain duties contained in the NOC description and to conclude on a fair, broad, reading of the whole of the position description that an individual with experience in maintaining, installing and commissioning
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6,816.
Arxx Building Products Inc. v. Polyform Cellular Plastics Inc. - 2001 FCT 505 - 2001-05-17
Federal Court Decisions[30] Further, none of the authorities deal with the situation where the applicant has indicated an intention to abandon the use of an unregistered trade mark. [...] In fairness to the defendants, the material filed did not raise this as an issue.
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6,817.
Canada (Citizenship and Immigration) v. Odynsky - 1999-05-12
Federal Court Decisions[5] I deal with each of these objections in turn. Quotation by an expert witness from a report by a non-expert [...] On a motion to dismiss the application by the Minister, Noël J. declined, finding that the allegation of failure to disclose membership in the Selidovka police could fairly be read as a self standing allegation which could lead to the revocation of citizenship if it were concealed.
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6,818.
Canada (Citizenship and Immigration) v. Odynsky - 1999-04-15
Federal Court Decisions[5] I deal with each of these objections in turn. Quotation by an expert witness from a report by a non-expert [...] On a motion to dismiss the application by the Minister, Noël J. declined, finding that the allegation of failure to disclose membership in the Selidovka police could fairly be read as a self standing allegation which could lead to the revocation of citizenship if it were concealed.
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6,819.
Groupe Tremca Inc. v. Transpavé Inc. - 1997-09-12
Federal Court DecisionsFor the purposes of our analysis, it is necessary to divide our examination of the defendant"s motion in two, so as to look at the requested amendment to the defence and, subsequently, the amendment dealing with the cross-demand. [...] I think such an amendment would be fair. It discloses a reasonable cause of action, is not out of time, and it would serve the interests of justice to allow it.
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6,820.
Wappen-Reederei GMBH & CO. K.G. v. Hyde Park (Ship) - 2006 FC 150 - 2006-02-07
Federal Court DecisionsThis appears somewhat different than what is reflected in the Commission's report and some of the decisions dealing with this issue.[4] Mr. Kinsman does not indicate on what basis he came to that conclusion. [...] I note as well that in the federal legislative context, this Court's preferred approach is buttressed by s. 12 of the Interpretation Act, R.S.C. 1985, c. I-21, which provides that every enactment "is deemed remedial, and shall be given such fair, large and liberal construction and interpretation as best ensures the [...] This is how a party deals with documents or information protected by another type of statutory privilege or by common law privilege such as solicitor-client privilege.
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6,821.
Samli v. Canada (Citizenship and Immigration) - 2022 FC 928 - 2022-06-20
Federal Court Decisionsa.1) celle-ci vise à faire lever tout ou partie des critères et obligations visés par la section 0.1 [...] Nor have the parties’ submissions addressed concerns about delay, fairness, costs and the efficient use of public resources: Canada (Attorney General) v Burke, 2022 FCA 44, at para 116, citing Vavilov, at para 142. [...] However, if the dispositive issue before the Court was the absence of any reasons by the officer, the respondent’s position was that it was not appropriate to certify a question to deal with the statutory interpretation issue.
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6,822.
Ali v. Canada (Public Safety and Emergency Preparedness) - 2021 FC 698 - 2021-06-30
Federal Court DecisionsThe ID observed that the rank of Inspector he achieved is the highest in the junior ranks and concluded that he was fairly high in the hierarchy. [...] Specifically, the ID found that the Applicant was “fairly high in the leadership hierarchy.” The ID determined that seven ranks below the highest rank in the organizational chart was a relatively high rank. [...] The ID again noted the Applicant’s denial of ever witnessing or dealing with abuses.
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6,823.
Hughes v. Canada (Human Rights Commission) - 2020 FC 1096 - 2020-11-30
Federal Court Decisions[41] The cases decided under Rule 75 generally deal with amendments to pleadings, consistent with the contents of Rules 76-79: see Janssen Inc. v. AbbVie Corporation, 2014 FCA 242; Canada (National Revenue) v. Friedman, 2019 FC 1583 (Pamel J.), at para 19; Boakye v Canada (Citizenship and Immigration), 2018 FC 831 [...] It is clear from a fair reading of rules 71-79 that a “document” within the meaning of rule 75 is a pleading, an originating document, or a document required to be filed pursuant to the Federal Courts Rules, in a Federal Court proceeding. [...] In the end, the court must consider simple fairness, common sense and that justice be done: Janssen, at para 3, quoting Continental Bank Leasing Corp. v. R., [1993] T.C.J. No. 18, (1993) 93 DTC 298 at p. 302; Enercorp Sand Solutions Inc. v. Specialized Desanders Inc., 2018 FCA 215, at paras 19-21.
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6,824.
Ravandi v. Canada (Citizenship and Immigration) - 2020 FC 761 - 2020-07-14
Federal Court Decisions[39] To begin with how the RPD member actually approached the issues before him, Ms. Ravandi argues that, after dealing with reavailment, the member should have gone on to consider changed circumstances because there was uncontradicted and undisputed evidence that her refugee status had ceased on this ground as well. [...] [42] Be that as it may, while this is an important consideration, for present purposes I do not think it would be fair to treat it as determinative. [...] However, as discussed above, while this is an important consideration, I do not think it would be fair to treat it as determinative in this case.
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6,825.
Shekhtman v. Canada (Citizenship and Immigration) - 2018 FC 964 - 2018-09-28
Federal Court DecisionsMr. Shekhtman also submits that the Officer breached the rules of procedural fairness in refusing his restoration application. [...] In light of the foregoing, it is not necessary to deal with Mr. Shekhtman’s claims of breach of procedural fairness.