7,644 result(s)
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7,151.
Sami v. Canada (Citizenship and Immigration) - 2012 FC 539 - 2012-05-04
Federal Court DecisionsThe First Appeal failed because the Couple did not address these concerns, even though they had a fair opportunity to do so. [...] [54] The Applicant says her argument does not deal with how the IAD weighed the evidence before it. [...] [57] Relying on Kamtasingh v Canada (Minister of Citizenship and Immigration) 2010 FC 45, the Applicant also says that the IAD must ensure that unrepresented parties receive a fair hearing.
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7,152.
Lee v. Canada (Attorney General) - 2011 FC 689 - 2011-06-14
Federal Court DecisionsPersonnes admises à faire une demande 74. (1) Une demande de prestation d’enfant de cotisant invalide ou une demande de prestation d’orphelin peut être faite, pour le compte d’un enfant de cotisant invalide ou pour celui d’un orphelin, par cet enfant ou par cet orphelin, ou par toute autre personne ou tout autre organisme à [...] [48] In response to the claim for interest, the Respondent submits that the CPP is a complete code dealing with the payment of benefits. [...] It is my duty to decide whether or not, in reaching that conclusion, he proceeded in any way that was not procedurally fair or whether his conclusion was unreasonable in the sense of falling outside the “range of possible, acceptable outcomes which are defensible in respect of the facts and law,” as stipulated in paragraph
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7,153.
Birks v. Canada (Attorney General) - 2010 FC 1018 - 2010-10-19
Federal Court Decisions[31] In his decision, the CDS found that CPO2 Birks was “treated fairly” as a member of ST(A) with respect to the CI “B” classification and therefore the redress that was requested was denied. [...] The definition contained in the operations manual, dealing with "operations", is totally unrelated to Armstrong and the work that he is performing. [...] personnel and the distribution of human, financial and material resources in addition to the allocation of funds requires profound consideration in the Armed Forces as in all other situations of choices to be made for a large organization or entity; however, in the Armed Forces, more than morale and fairness are at stake.
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7,154.
Rihan v. Canada (Citizenship and Immigration) - 2010 FC 123 - 2010-02-05
Federal Court DecisionsConvention accepted the fundamental rule of international law that the perpetrator of a political crime, even one of extreme seriousness, is entitled to elude the authorities of the State in which he committed his crime, the premise being that such a person would not be tried fairly in that State and would be persecuted. [...] [54] What emerges is Article 1F(b) leaves signatories to the convention a fair degree of latitude to exclude both criminal and possibly criminal applicants. [...] The legitimacy of the conviction mentioned in the Red Notice is challenged, be that as it may, the notice is there and the RPD was required to deal with it.
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7,155.
Laurent v. Gauthier - 2009 FC 196 - 2009-02-24
Federal Court Decisions88.1.4 to determine the procedure to be followed having regard for fairness and equality between the parties to the hearing; [...] 11. The third major change was the section dealing with ratification of the new Election Code. [...] [31] I find it is fair to say that the creation of s. 106.1 at some time during the consultative process leading up to the referendum vote is evidence of the high importance given by the Fort McKay First Nation electors to the changes to the governance custom of the Fort McKay First Nation, including the qualifications
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7,156.
Kiefer v. Canada (Attorney General) - 2008 FC 786 - 2008-06-23
Federal Court DecisionsThe conferment of benefits, however, is balanced with the interests of fairness and financial responsibility. [...] However, it does not address a good deal of that evidence in the “Analysis” portion of its decision. [...] pour l’harmoniser avec une autre décision rendue aux termes de la Loi sur la Cour canadienne de l’impôt sur un appel pertinent à celui interjeté aux termes de la présente loi devant un tribunal de révision, définitive et obligatoire et ne peut faire l’objet que d’un recours prévu par la Loi sur les Cours fédérales.
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7,157.
Canada (Minister of Citizenship and Immigration) v. Phan - 2003 FC 1194 - 2003-10-15
Federal Court DecisionsThere is no doubt that the right to a fair trial is not limited to criminal trials but also applies to cases where the proceedings are quasi-judicial, as in the case before us.. . . [...] Rule 169(a) provides that the Part of the Rules dealing with Actions applies to references such as this under section 18 of the Citizenship Act. Rule 283, in the Part of the Rules relating to Actions, incorporates by reference Rule 93, with such modifications as are necessary, to the use of an interpreter at trial and, [...] La communication de l'avis peut se faire par courrier recommandé envoyé à la dernière adresse connue de l'intéressé.
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7,158.
In the matter of Harkat - 2003 FCT 759 - 2003-06-19
Federal Court Decisions[6] I turn first to consider the legislative framework relevant to this motion, and specifically the inter-relation of the provisions of the Act which deal with security certificates, refugee protection and pre-removal risk assessments. [...] 160. (1) Sous réserve du paragraphe (2), pour l'application du paragraphe 112(1) de la Loi, toute personne peut faire une demande de protection après avoir reçu du ministère un avis à cet effet. [...] However, the threshold at law for the granting of leave is low, an applicant need only establish a fairly arguable case.
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7,159.
A. Lassonde Inc. v. Canada (Registrar of Trade-Marks ) - 2003 FCT 518 - 2003-04-25
Federal Court Decisions[22] I also rely upon s. 10 of the Interpretation Act, R.S.O. 1980, c. 219, which provides that every Act "shall be deemed to be remedial" and directs that every Act shall "receive such fair, large and liberal construction and interpretation as will best ensure the attainment of the object of the Act according to its true [...] Section 46 [now section 47] provides flexibility in dealing with fixed periods of time for the doing of anything either under the statute or under its regulations. [...] A proposed trade-mark must be used in association with the wares and services specified in the application for registration, and within a fairly limited time.
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7,160.
Rolls Royce v. Fitzwilliam - 2002 FCT 598 - 2002-05-24
Federal Court Decisionsto commence action against all of the executive and non-executive directors of the plaintiff Rolls-Royce plc and other parties, under the United States Racketeer Influenced and Corrupt Organizations Act, supra for alleged breach of fiduciary duty, breach of confidence and trust, theft, misrepresentation and self-dealing; [...] 120. Une personne morale, une société de personnes ou une association sans personnalité morale se fait représenter par un avocat dans toute instance, à moins que la Cour, à cause de circonstances particulières, ne l'autorise à se faire représenter par un de ses dirigeants, associés ou membres, selon le cas. [...] a) faire une déclaration fausse ou trompeuse tendant à discréditer l'entreprise, les marchandises ou les services d'un concurrent;
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7,161.
Heffco Ltd. v. Dreco Energy Services Ltd. - 1997-04-09
Federal Court DecisionsWe must look at the whole of the disclosure and claims to ascertain the nature of the invention and methods of its performance...being neither benevolent nor harsh, but rather seeking a construction which is reasonable and fair to both patentee and public. [...] The following passage from the Supplemental Brief of Argument, which I find fairly states the evidence, provides a precis of Griffith's grounds for attacking Heffco's evidence on this issue: [...] To deal with this situation, a typical bottom hole assembly is comprised of the following (from the bottom up): drill bit, drill bit sub, IBS [integral blade stabilizer] or reamer, drill collar, IBS or reamer, shock tool, drill collars, and drill pipe.
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7,162.
Jaballah (Re) - 2010 FC 507 - 2010-05-11
Federal Court DecisionsThus, the Ministers submit that it is premature to deal with issues of removal at this time. [...] [29] I accept the submissions of the Ministers that it is premature to deal with issues relating to removal at this time. [...] I will deal with the constitutional exemption issue later. [52] She went on to submit that:
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7,163.
Al Yamani v. Canada (Public Safety and Emergency Preparedness) - 2022 FC 1276 - 2022-09-09
Federal Court Decisions[55] The brief does not deal at any length with Mr. Al Yamani’s statement that he is a changed man, a man of peace, as also claimed by numerous supporters who have provided often long written testimonies. [...] In fairness to the decision and the Minister, the decision did not have at the time the benefit of Vavilov which is now the controlling authority on the requirement of reasons in administrative law cases. [...] They help to show affected parties that their arguments have been considered and demonstrate that the decision was made in a fair and lawful manner.
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7,164.
Ewert v. Canada (Attorney General) - 2007 FC 13 - 2007-01-12
Federal Court Decisions(g) that correctional decisions be made in a forthright and fair manner, with access by the offender to an effective grievance procedure; [...] [29] Although it is not coached in these terms, the Applicant raises a procedural fairness matter with respect to the delay in obtaining a decision. [...] It is an established practice in Canadian law that, if a judge can decide a case without dealing with a constitutional issue, he or she should do so: R.J. Sharpe, K.E. Swinton and K. Roach, The Charter of Rights and Freedoms, 2nd ed.
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7,165.
AbbVie Corporation v. Jamp Pharma Corporation - 2023 FC 1520 - 2023-12-04
Federal Court DecisionsThese specific concerns will be addressed when dealing with their evidence. [...] I think we should deal with the merits” (December 14 Trial Transcript at 2510). [...] (3) La seconde personne peut faire une demande reconventionnelle afin d’obtenir une déclaration:
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7,166.
Makivik Corporation v. Canada (Environment and Climate Change) - 2019 FC 1297 - 2019-10-30
Federal Court DecisionsMakivik is also involved politically, culturally, and economically in various projects dealing with modern aboriginal treaties, governments, and other Inuit. [...] [80] Before dealing with the issues as identified by Makivik, I must address the appropriate standard of review. [...] NTI also argues that the ratio of polar bears between the Nunavut Inuit and Nunavik Inuit is fair because the SHB has a higher population of Nunavik Inuit than Nunavut Inuit.
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7,167.
Mahjoub v. Canada (Citizenship and Immigration) - 2007 FC 171 - 2007-02-15
Federal Court DecisionsShe is prepared to offer a $1000 conditional bond in support of his release because she believes that releasing him to his home and family would be just and fair. [...] As such, strip searches are not commonly conducted at the KIHC. In addition, specific protocols for dealing with individuals subject to security certificates (ISSC) have been developed. [...] He freely acknowledged that with his college and other obligations he would not be able to devote a great deal of time to this task.
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7,168.
Easter v. Alexander - 2024 FC 567 - 2024-04-10
Federal Court DecisionsI deal first, however, with the preliminary matter of the Plaintiff’s Supplementary Motion Record containing further affidavit evidence that was submitted after the filing of the Defendant’s Motion Record. [...] The FCR pertaining to motions do not contemplate reply evidence, although I observe that it may be permitted in unusual circumstances involving a question of procedural fairness and where it is necessary to make a proper determination: Black & White Merchandising Co Ltd v Deltrans International Shipping Corporation,
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7,169.
Dr. Reddy’s Laboratories Ltd. v. Janssen Inc. - 2022 FC 1672 - 2022-12-05
Federal Court Decisions[14] The within motion deals only with the first stage. As such, the only issue for the Court to decide is whether it is appropriate for the proposed question to be addressed by way of a motion before trial. [...] 187. Given that, it seems to me that Riva and Teva would have behaved in the hypothetical world just as they did in the real world, which was to seek summary dismissal as soon as they considered they had a fair chance of success.
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7,170.
Vujicic v. Canada (Citizenship and Immigration) - 2022 FC 1590 - 2022-11-21
Federal Court DecisionsThose interests must be well identified and defined, and examined with a great deal of attention in light of all the evidence: see Kanthasamy, at paras 35 and 38-40; Hawthorne v Canada (Minister of Citizenship and Immigration), 2002 FCA 475, [2003] 2 FC 555, at paras 5 and 10; Legault v Canada (Minister of Citizenship and [...] In this case, the evidence presented in support of the children’s best interests is itself fairly thin.
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7,171.
Su v. Canada (Citizenship and Immigration) - 2022 FC 731 - 2022-05-17
Federal Court DecisionsIndeed the main point of her appeal to the RAD was to distance herself from those portions of her own BOC dealing with family planning issues in China before she left for the US. However, what the Applicant could not overcome was the manner in which she had chosen to intertwine the Falun Gong and family planning claims. [...] The Applicant submits the RAD’s finding on this point constituted a breach of procedural fairness.
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7,172.
Natesan v. Canada (Citizenship and Immigration) - 2022 FC 540 - 2022-04-13
Federal Court Decisions[32] I interpret the above quoted reasons to suggest that the Officer accepted Dr. Devins’ diagnosis that Ms. Natesan has “major depressive disorder of moderate severity”, but the Officer did not accept other findings in the report dealing with country conditions. [...] In fairness to my colleagues, I note that Kanthasamy was rendered after their decisions.
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7,173.
Le v. Canada (Citizenship and Immigration) - 2022 FC 427 - 2022-03-29
Federal Court DecisionsThis means that decision makers must do more than simply state that the interests of a child have been taken into account, those interests must be well identified and defined, and examined with a great deal of attention in light of all the evidence (Kanthasamy at paras 23–25, 35, 38 and 41). [...] [17] Read fairly, I do not take the officer to be ignoring the hardship the Arsus may face in Turkey on the basis that others face greater hardship, or requiring them to be “more likely” to face hardship than others.
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7,174.
Singh v. Canada (Citizenship and Immigration) - 2022 FC 79 - 2022-01-25
Federal Court DecisionsMr. Singh alleged that it is possible for a high-ranking law enforcement officer to help citizens dealing with police persecution, considering that corruption is pervasive in Indian police forces. [...] The reviewing court must show restraint and only intervene “where it is truly necessary to do so in order to safeguard the legality, rationality and fairness of the administrative process” (Vavilov at para 13).
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7,175.
Sherman v. Pfizer Canada Inc. - 2021 FC 554 - 2021-06-07
Federal Court Decisions[11] The Prothonotary then set out Rule 249(1) and explained that Apotex Inc v Eli Lilly Canada Inc, 2013 FCA 45 [Eli Lilly] established that Rule 249 should be interpreted to facilitate fair and expeditious determination of the issues and balance the competing interests between the party making the request and the party in [...] As always, facts do matter and they are particularly important when dealing with motions such as those under Rule 249 which require the Court to balance any number of factors relevant to the three main interests at play: those of the party requesting the inspection or samples, those of the party in possession of the