7,645 result(s)
-
7,501.
Levi Strauss & Co. v. Manager Clothing Inc. - 1997-11-14
Federal Court Decisions[5] Before dealing with the various categories, it is necessary to have some understanding of the background and the issues at stake. [...] [11] This category deals with advertising and promotion of the Defendant's garments. [...] [15] This category deals with the type of business in which the Defendant is generally involved.
-
7,502.
Maschio v. Canada (Minister of Citizenship and Immigration) - 1997-11-14
Federal Court DecisionsThis led to what is called a "medical notification", dated October 30, 1995, being sent to the visa officer who was dealing with the applicant. [...] [7] The applicant himself also sent a response to the "fairness letter". [...] No fairness letter was sent out with respect to the second medical notification.
-
7,503.
Suresh (Re) - 1997-11-14
Federal Court Decisionsb) d'autre part, dans les trois jours suivant la remise, d'envoyer un avis à l'intéressé l'informant de la remise et du fait que, à la suite du renvoi à la Cour fédérale, il pourrait faire l'objet d'une mesure d'expulsion. [...] (i) soit le juge en chef ou son délégué détermine que les renseignements ne sont pas pertinents ou, s'ils le sont, devraient faire partie du résumé mentionné à l'alinéa (4)b), [...] A great deal of the evidence made before me by the respondent was made during in camera sessions and, in a number of instances, it could, I was told, be dangerous if it were known that certain specific persons gave evidence for and on behalf of the LTTE or the Tamil cause.
-
7,504.
Knapp v. Canada (Attorney General) - 1997-11-13
Federal Court Decisionsto procedural fairness, the applicant argues that the Board's position, that it is entitled in the context of a detention hearing to rely on its own underlying body of knowledge with "little or no regard" for information bearing upon risk assessment advanced by the offender, is inconsistent with the duty to act fairly. [...] The introduction of adversarial elements such as the right to cross-examine is not mandatory.13 So long as the process is fair and the offender is allowed to make his position known, the requirements of procedural fairness will have been met. [...] It deals with the testing methodology used to evaluate the applicant and the scores which were attributed to him.
-
7,505.
Deigan v. Canada (Attorney General) - 1997-11-12
Federal Court Decisions[14] The Applicant challenges the Adjudicator's decision on the grounds that she failed to observe the rules of procedural fairness. [...] [20] The Respondent submits that the Adjudicator conducted the hearing in accordance with the rules of procedural fairness. [...] [24] Before dealing with the issues at hand, I find it necessary to consider the appropriate standard of review of an adjudicator's decision.
-
7,506.
Parmar v. Canada (Minister of Citizenship and Immigration) - 1997-11-12
Federal Court DecisionsIn these respects it is urged that the applicant was denied procedural fairness. [...] The consultant's estimate of points to be assigned did not match the figure determined by the visa officer, but that is not a basis for arguing a violation of procedural fairness. [...] There was in my view no procedural unfairness in this respect in the process followed by the officer dealing with the application.
-
7,507.
A.B. v. Canada (Minister of Citizenship and Immigration) - 1997-11-10
Federal Court DecisionsFollowing an initial inquiry in July 1996 which did not deal with the Minister's serious allegations, the applicant was ordered released from detention on July 30, 1996. [...] For the reasons set out in dealing with the respondent's motion to strike the statement of claim, I also dismiss the applications in both Court files IMM-2156-96 and IMM-2157-97. [...] In each of Court files IMM-2156-97 and IMM-2157-97 an order will issue, dismissing each application by A.B., and dealing with any questions proposed for consideration by the Court of Appeal pursuant to s-s.83(1).
-
7,508.
Mathias v. Canada - 1997-11-07
Federal Court Decisions[5] It is not the first time that contentious issues are raised in Indian claims proceedings dealing with discovery. [...] On the other hand, Question 136 appears to be a fair question and at that level may be quickly answered by a yes or a no. [...] [13] No doubt, Addy J.'s comments on the scope of discovery lies in the lap of fundamental fairness and an even-playing field.
-
7,509.
Harris v. Canada (Minister of Citizenship and Immigration) - 1997-10-31
Federal Court DecisionsThe Board did not deal with the issue of persecution in the Dominican Republic as it felt that as citizens of Montserrat the applicants could have remained and can still remain in Montserrat without fear of persecution. [...] Le seul incident que la revendicatrice nous relate est le fait qu'à quelques reprises, elle a croisé dans la rue deux personnes qu'elle présumait faire partie du groupe "Belanquista". [...] The Board did not have to deal with the issue of persecution in the Dominican Republic if, as it was, satisfied the applicant was not being persecuted in Montserrat.
-
7,510.
Tong v. Canada (Minister of Citizenship and Immigration) - 1997-10-31
Federal Court Decisions2. Is an applicant denied procedural fairness when the Minister denies him access to his complete medical file for the purpose of responding to the assessment of the medical officers? [...] I had occasion to deal with this issue in a recent decision2. One of the issues in Fei was whether a visa officer is under a duty to request and obtain the information necessary to confirm the reasonableness of the opinion of the medical officer. [...] 2. Procedural Fairness The applicant submits that the Vice-Consul's letter only identifies his medical condition.
-
7,511.
Firebolt Engine Installation v. Registrar of Trade-Marks - 1997-10-28
Federal Court DecisionsDealing specifically with this case, as I have indicated, the judicial review is taken from the decision of August 5, 1996. [...] While always having regard for fairness, courts and tribunals should also be mindful of cost and timeliness considerations in the conduct of proceedings before them.
-
7,512.
Begetikong Anishnabe v. Canada (Minister of Indian Affairs and Northern Development) - 1997-10-27
Federal Court DecisionsThe Band claims that the Minister ought not to use the privilege as a shield to prevent the Band from exploring the validity of the legal advice he received: fairness and consistency require the disclosure of the entire legal opinion4. [...] The Evans decision6 referred to by the Band deals with a case where some sections of a privileged document were revealed and others were denied to the applicant. [...] Basically, it is all a question of fairness. Other cases referred to by the Band are situations where a witness relied on a legal opinion as a defence but refused to disclose the opinion.
-
7,513.
Dolomite Svenska Aktiebolag v. Dana Douglas Medical Inc. - 1997-10-14
Federal Court DecisionsThen he adopts this quote of the British Columbia court as to one judge's dealing with another judge's ex parte order: [...] This case, the Federal Court of Appeal is considering whether or not they can deal with an appeal, first of all - that's one of the issues they deal with - from an ex parte order. [...] MR. MORGAN: That's fair. Fine. HIS LORDSHIP: Do we understand each other?
-
7,514.
Couture v. Canada (Attorney General) - 1997-10-10
Federal Court DecisionsBefore I turn to the issues which this application raises, I will set out the relevant provisions of Canadian Forces Administration Order ("CFAO") 15 - 7, which deal with obligatory service. [...] I will deal firstly with the second issue. Pursuant to paragraph 19.26(2), a member of the Armed Forces, must submit his complaint "through the chain of command". [...] Firstly, a fair reading of CFAO-15-7, and in particular paragraph 13 thereof, can only lead to the conclusion that the applicant, like any other member of the Armed Forces who has received undergraduate and graduate funding, must serve the period of service required for each level of funding.
-
7,515.
Musqueam Indian Band v. Glass - 1997-10-10
Federal Court DecisionsThis sum is to be regarded as a "fair rent" as that term is used in subsection 2(2). [...] A. During the early nineties articles in the newspaper or on radio were quite common dealing with that type of thing. [...] A. I think that's a pretty fair statement. Q. I think it's a quote -- from you.
-
7,516.
North American Van Lines Canada Ltd. v. Canada (Director of Investigation and Research, Competition Act) - 1997-10-07
Federal Court DecisionsI will deal with each category of issues in turn. INTERPRETATION OF ACT [...] (b) Did the Presiding Officer contravene the principles of procedural fairness by holding an in camera hearing. [...] Procedural Fairness With respect to procedural fairness, I would adopt the approach of Décary J.A. in the Krever3 case:
-
7,517.
Ip v. Canada (Citizenship and Immigration) - 1997-09-26
Federal Court DecisionsI find convincing, however, counsel's argument that the failure to respond to his request for an extension of the 15 day period constituted a breach of the rules of procedural fairness. [...] If complaints about the brief time period can be rebuffed because a request for an extension of time was not requested, then, surely when a request has been made, and it is ignored, the conclusion has to be that a breach of procedural fairness occurred. [...] There was a breach of procedural fairness. I am not persuaded that no prejudice resulted for the applicant.
-
7,518.
Quigley v. Canada (Treasury Board) - 1997-09-25
Federal Court Decisions(b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe; [...] It would be our position that those consequences can still be dealt with through the adjudication process, and I think that the wording of the statute, the Public Service Staff Relations Act, section 91, is broad enough to encompass any claim that he would have to deal with those different issues.
-
7,519.
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.
-
7,520.
Bressette v. Kettle and Stony Point First Nations Band Council - 1997-08-29
Federal Court DecisionsAt the close of oral argument, I instructed counsel to prepare a draft Order to deal with issues consented to by the parties and such Order was issued on June 30, 1997. [...] It was meant to allow a full and fair investigation without penalizing constable Bressette. [...] 22. Council has made every effort to remain fair and not act prematurely.
-
7,521.
Ganji v. Canada (Minister of Citizenship and Immigration) - 1997-08-29
Federal Court DecisionsWe will be dealing with the documents that was [sic] used to travel. We need to also deal with the destruction of the document which the claimant said that she destroyed on the airplane. [...] He put no objections on the record to the process that was unfolding and that was obviously causing the principal applicant, and likely Sara, a good deal of unrest. [...] In the absence of any evidence that the CRDD endeavoured to provide such an opportunity, I conclude that the CRDD breached its duty to the applicants to provide them with a fair hearing and in so doing committed a reviewable error.
-
7,522.
Hamad v. Canada (Minister of Citizenship and Immigration) - 1997-08-29
Federal Court DecisionsThe leading case dealing with subsection 63(2) is Weerasinghe v. Canada (Minister of Employment and Immigration), [1994] 1 F.C. 330. [...] As a result, I find that the CRDD satisfied the requirement set out in Weerasinghe and that the applicant received a fair hearing.
-
7,523.
Mendoza v. Canada (Minister of Citizenship and Immigration) - 1997-08-29
Federal Court DecisionsIt is a commonplace that the content of the duty of fairness varies according to the circumstances. [...] In this respect it differs from many other decisions, e.g. by a visa officer dealing with a sponsored application for landing, where the law establishes criteria which, if met, give rise to certain rights.2
-
7,524.
Sivasubramaniyam v. Canada (Minister of Citizenship and Immigration) - 1997-08-29
Federal Court DecisionsAccordingly, the Hearing involved submissions from counsel for both parties, which included the presentation of documents dealing with the current (i.e., September 1996) reasonableness of Colombo as an IFA for the applicant. [...] I will deal with each submission in turn. (1) In my view, the IFA analysis, in the First Decision, is clearly incorporated by the language I have underlined at the start of the Second Decision. [...] I think this passage can fairly be read to include the issue of unreasonableness as it was definitely part of the applicant's IFA case.
-
7,525.
Coward v. Canada (Attorney General) - 1997-08-27
Federal Court DecisionsThese decisions are to the effect that procedural fairness requires that the Commission have an adequate and fair basis upon which to evaluate whether there was sufficient evidence to warrant the appointment of a Tribunal. [...] The rule of procedural fairness requires that a complainant know the substance of the case against him or her. [...] __________________ 1. Within the last ground raised by the applicant, it is urged that the Commission erred in failing to consider the effect of s.24 of the Act, which deals with the ability of the Governor in Council to make regulations prescribing standards of accessibility.