7,645 result(s)
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7,351.
Alcorn v. Canada (Commissioner of Corrections) - 1998-09-11
Federal Court Decisions[25] Paragraphs 29 and 30 deal with a pilot project at the Bowden Institution in Alberta. [...] That is a fair comment, however there is then a reference to that position being in compliance with section 74 of the Corrections and Conditional Release Act. This is legal opinion. [...] [36] Paragraph 11 of the second Affidavit is very much a motherhood paragraph dealing with the allocation of scarce resources.
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7,352.
Olmstead v. Canada (Attorney General) - 1998-09-10
Federal Court DecisionsRelying on Rule 221, the defence, in the Plaintiff's view, discloses no reasonable defence, is immaterial or redundant, may prejudice or delay a fair trial and otherwise is an abuse of process. [...] In the present instance the Plaintiff, in his reply, alleges various paragraphs of the defence, to be tested here under Rule 221, disclose no reasonable defence, are irrelevant, immaterial or redundant and may prejudice or delay a fair trial. [...] The result of this well argued motion is that the Plaintiff will have to deal not only with the law at trial, but also with the factually complex defence.
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7,353.
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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7,354.
Feng v. Canada (Minister of Citizenship and Immigration) - 1998-08-31
Federal Court DecisionsThe applicants also seek an order that their application be reconsidered by a different visa office or officer and requiring the visa officer to apprise the applicants of any concerns he or she may have, so that the applicants may deal with those concerns before the officer"s decision is made. [...] At issue in this case is the officer"s exercise of discretion in assessing the application received in September 1997, which is only reviewable where made without regard to procedural fairness or in bad faith or on the basis of irrelevant considerations.
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7,355.
Rizvi v. Canada (Minister of Citizenship and Immigration) - 1998-08-28
Federal Court Decisionsthe applicant"s education by refusing to accord points for the claimed Master"s degree, that the officer erred in assessing the applicant"s experience for which he was assigned no points at all, and finally, that the officer failed in according fairness by not clearly identifying her concerns about his claimed experience. [...] The Officer's affidavit, on the other hand, takes each of the letters from employers in turn and deals with them. [...] And her concerns are identified, and I assume must have been identified at the interview, in light of the description that she gives of the Applicant's dealing with her concerns.
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7,356.
Wellcome Foundation Limited v. Apotex Inc. - 1998-08-26
Federal Court Decisions[9] I deal with each of the major issues in turn, after setting out the matters agreed by the parties. [...] The injunction ordered by that paragraph precluded the defendant from dealing in any way with infringing TMP, and from selling or dealing with tablets containing infringing TMP. [...] It reflects fairly in my opinion, reasonable costs of borrowing equivalent funds if Apotex had borrowed money in place of the profits here in issue had those not been earned.
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7,357.
Bisson v. Canada (Attorney General) - 1998-08-24
Federal Court Decisions[2] The applicant submits that the correctional service did not provide him with enough information [translation] "to prepare a relevant and intelligent defence as required by the principles of procedural fairness" before the decision to transfer him was made. [...] More specifically, the preventive security reports deal with the reasons that appear in the notice of recommendation to transfer the applicant, which I reproduced earlier. [...] In my opinion, the information provided to the applicant, that is, the information set out in the Progress Summary of June 30, 1997, was sufficient to comply with the rules of procedural fairness.
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7,358.
Cartier v. Canada (Attorney General) - 1998-08-24
Federal Court DecisionsIn the situation we are dealing with here, guilt was not what had to be confirmed, it was whether the information received from six different sources was sufficient to raise a valid concern and warrant the transfer. [...] I must, however, stress that the Order issued by Mahoney J. deals only with the jurisdiction of the Trial Division, not with the actual availability of the relief in the circumstances of the case. [...] The standards by which procedural fairness is measured are not immutable.
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7,359.
Hayden Manufacturing Co. v. Canplas Industries Ltd. - 1998-08-20
Federal Court Decisions5. Before requiring an answer to a discovery question, the court should weigh the probability of the usefulness of the answer against the time, trouble, expense and difficulty which might be involved in obtaining it: "One must look at what is reasonable and fair under the circumstances: . . . [...] [17] Question 263 deals with the trademark of another firm and that question was answered. [...] [18] Question 269 deals with the date of the sale or public knowledge relating to the same inlet valve.
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7,360.
Ahmad v. Canada (Minister of Citizenship and Immigration) - 1998-08-17
Federal Court DecisionsThat, according to counsel, is part of the duty of fairness. I disagree. [...] Indeed, frequently there is a breach of the duty of fairness when the trier of fact takes it upon him or herself to make such inquiries. [...] Strictly speaking, it is not necessary for me to deal with that because so long as the finding of zero point of assessment for occupational experience stands, there could be no visa issued in any event.
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7,361.
Canadian Broadcasting Corporation v. Graham - 1998-08-12
Federal Court Decisions[4] In coming to the decision that the Commission ought to be allowed to intervene, with fairly broad participation, I have considered that while the Respondent, Ms. Graham, is intelligent, well educated in her field, both formally and practically and takes the matter seriously, it is a given that, without proper legal [...] [9] The Commission in the present instance has a substantial interest in this matter for the decision challenged does not deal with the merits of the case, but rather, as I say, with the application of discretion to the granting of a time extension. [...] and Boone (1993), 60 F.T.R. 142 at 152, involving a decision by the Canadian Human Rights Commission to deal with a time barred complaint; CAIMAW v. Paccar of Canada Ltd., [1989] 2 S.C.R. 983 at page 1014, dealing with the scope of a board's jurisdiction and the reasonableness of its decision; and Canada (Attorney
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7,362.
Hosseini v. Canada (Minister of Citizenship and Immigration) - 1998-08-12
Federal Court Decisions[17] It is urged by the applicant that there is no time bar on a challenge of jurisdiction to deal with a matter. [...] This is reflected in the text of that subsection which provides that the Court "may grant relief if it is satisfied that" the Board has "failed to observe a principle of natural justice [or] procedural fairness". [...] No prejudice has been caused to the applicant by the panel dealing with the matter despite flawed referral procedures that did not meet requirements under the Act and its transitional provisions.
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7,363.
Weare v. Canada (Attorney General) - 1998-08-11
Federal Court Decisionsou 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. [...] The Board fails in the exercise its jurisdiction when it summarily arrives at the conclusion that the member was not engaged in an activity giving rise to a pension without "expressly dealing with the evidence from which an inference favourable to the Applicant might have been drawn." [...] 8 See Tonner v. Canada (Minister of Veterans Affairs) (1995), 94 F.T.R. 146, affirmed supra (F.C.A.), dealing with the Veterans Appeal Board.
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7,364.
Lam v. Canada (Minister of Citizenship and Immigration) - 1998-07-31
Federal Court DecisionsThe Hong Kong courts must be presumed knowledgeable and competent to deal with such matters. [...] There is no evidence before me to show that it would have been impossible for you to obtain a fair trial.'". [...] There was never an allegation that he could not get a fair trial. Indeed, since he pled guilty it was unlikely that there was a trial.
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7,365.
Wellcome Foundation Limited v. Novopharm Ltd. - 1998-07-31
Federal Court DecisionsIn doing so, the court must not use the disclosure to limit the claims where no limit exists on a fair reading: Proctor & Gamble Co. v. Beecham Canada Ltd. et al., supra; Nekoosa Packaging Corp. v. A.M.C.A. International Ltd. (1994), 56 C.P.R. (3d) 470, at page 475 (F.C.A.). [...] Dr. Rees expressed his opinion that there was a general lack of predictability involved in putting the essential features together, especially when dealing with high amounts of active requiring a proportional decrease in excipients, such that he would not know, from the prior art, whether such a combination would work
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7,366.
Trekka Canada Inc. (Trustee of) v. Guardian Insurance Ltd. - 1998-07-29
Federal Court Decisions... (b) le demandeur est une personne morale ou une association sans personnalité morale ou n'est demandeur que de nom et il y a lieu de croire qu'il ne détient pas au Canada des actifs suffisants pour payer les dépens advenant qu'il lui soit ordonné de le faire. [...] The defendants had raised a prima facie case for believing this, and the plaintiffs, which did not file any material dealing with their financial position, failed to meet the onus on them to rebut that case.
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7,367.
Canadian Union of Postal Workers v. Canada Post Corporation - 1998-07-27
Federal Court Decisionsd) de faire rapport au ministre lorsque toutes ces questions sont réglées. [...] The duty to act fairly includes the duty to provide procedural fairness to the parties. [...] Marshall disputes L"Espérance"s version of the conversation dealing with these three matters.
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7,368.
McLellan v. Canada (Solicitor General) - 1998-07-23
Federal Court Decisions[3] The proper way to deal with a groundless originating notice of motion is to argue the point at the eventual hearing of the motion: see David Bull Laboratories (Canada) Inc. v. Pharmacia Inc. [1995] 1 F.C. 588 at 596-597 (F.C.A.). [...] "Pour ce fair la jurisprudence a établi que la décision doit avoir un caractère définitif ayant des conséquences juridiques." . [...] [13] Counsel for Mr. McLellan went on to say that the decision to publish the cryptic summary of police information, the Interpol Notice, was without any notice to Mr. McLellan and thus in violation of the principle of fairness.
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7,369.
Yep v. Canada (Minister of Citizenship and Immigration) - 1998-07-23
Federal Court DecisionsThe duty of fairness owed to the applicant may require that such an opportunity be given." [...] "A document is relevant to an application for judicial review if it may affect the decision that the court will make on the application, as the decision of the court will deal only with grounds of review invoked by the respondent. [...] Presumably, among the vast population of China, there are also other people who can start from humble beginnings and rise -- if they have a fair hearing, a fair chance.
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7,370.
Yousif v. Canada (Minister of Citizenship and Immigration) - 1998-07-23
Federal Court Decisions(6) L'agent principal est tenu de faire procéder à une enquête, dès que les circonstances le permettent, lorsqu'il en reçoit l'ordre conformément à l'alinéa (3)b). [...] [18] First, I will deal with the applicant's request for a writ of prohibition.
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7,371.
Canada v. Cragg & Cragg Design Group Ltd. - 1998-07-22
Federal Court DecisionsBut the Plaintiff has been neither quick nor diligent in dealing with the whole matter, going back at least as far as May of 1991. [...] I do not deal with all of the procedural points raised by the Plaintiff, only with those which might possibly have some merit. [...] Perhaps the only additional consideration, when pure delay is involved, ought to be whether it is fair to dismiss the action in question.
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7,372.
Jones v. Canada (Royal Canadian Mounted Police Public Complaints Commission) - 1998-07-20
Federal Court DecisionsAt hearings there has been a problem with ensuring that, in the interests of fairness, complainants be able to have legal representation in appropriate cases. [...] The inference that arises is that Parliament simply did not deal with that matter. [...] amount of evidence, including testimony and documents, that is expected to become part of the record will be very difficult for unrepresented complainants to deal with; the proceedings will be complex involving, for example, issues relating to the disclosure of classified government documents; there are parallel civil
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7,373.
Double N Earth Movers Ltd. v. Canada - 1998-07-17
Federal Court DecisionsIf the Act is directed to dealing with matters affecting everybody generally, the words used have the meaning attached to them in the common and ordinary use of language. [...] It is a word in fairly common usage, employed here in a Schedule to a regulation of a statute which is applicable to all corporations which may be entitled to claim capital cost allowance on various of its assets. [...] Q. Would these plans deal with the management of the overburden layers as you find them?
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7,374.
Ramkissoon v. Canada (Minister of Citizenship and Immigration) - 1998-07-16
Federal Court Decisions[2] The rules of procedural fairness require the department to inform applicants that they are precluded from dealing with their chosen representatives under the Privacy Act and that no information on the file will be disclosed to these representatives. [...] As the applicant was not informed of this fact she was denied procedural fairness.
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7,375.
Singh v. Canada (Minister of Citizenship and Immigration) - 1998-07-16
Federal Court DecisionsThe applicant contends that it was a denial of procedural fairness to not provide this information. [...] More importantly, the visa officer did not deal with the applicant's eight years of experience as a legal secretary to the chief clerk in the law firm. [...] Fairness requires that there must be some identifiable basis for the training requirements and here there is none.