7,645 result(s)
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7,626.
Tan v. Pacific Brilliance (Ship) - 1996-10-21
Federal Court Decisions(1983), 140 D.L.R. (3d) 477 is one of the leading cases dealing with actions for damages when either an injured party or dependants are bound by the provisions of the Workers Compensation legislation. [...] The purpose of the Workmen's Compensation Act is to remove from the courts jurisdiction to deal with the rights of employees and the liability of employers when personal injuries are suffered by employees of such employers in the course of their employment. [...] by Schedule 1 of the Act. Accordingly, its immunity from being required to make contribution or indemnity, conferred as I have found by s. 8(11), seems not only to be one conferred by the statute but to be one that is completely in accord with the spirit of the Act and one that commends itself as fair and equitable.
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7,627.
Desfossés v. Rock - 1996-10-16
Federal Court DecisionsThere is a fair assumption that the requesting state, the United States, which has a democratic legal system and basic human values somewhat similar to ours, will hold a fair trial and that applicant's counsel will be given full opportunity to cross-examine Mr. Quitoni (cross-examination of affiants is not allowed at [...] The capias is not an essential ingredient under the Treaty and it was not the Minister's responsibility to deal with it. [...] As mentioned earlier, the letter deals mostly with the second capias and also seeks a personal meeting with the Minister.
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7,628.
NCS Insternational Inc. v. Canada - 1996-10-16
Federal Court DecisionsIn my respectful view, the position of the plaintiffs rests more importantly on the doctrine of equity and fair dealing. [...] Assuming for the moment that the Crown's role in dealing with the plaintiff's application is discretionary, such power is not unfettered. [...] It might have been purely a judgment call by the Crown to refuse, but certain it is that one of the elements thrown into the hopper at that time was the maintenance of equity and fairness among all persons liable to the new tax.
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7,629.
Lakhani v. Canada (Citizenship and Immigration) - 1996-10-07
Federal Court Decisions(b) Whether the visa officer improperly delegated her authority to the Computer Assisted Immigration Processing System ("the CAIPS "); (c) Whether the visa officer breached the duty of fairness by failing to deal expeditiously with the Applicant's file. [...] In my view, fairness requires that an applicant receive a timely Decision. [...] There is no evidence on this record to show that this Applicant was denied procedural fairness.
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7,630.
Canadian Human Rights Commission v. Canadian Broadcasting Corporation - 1996-10-04
Federal Court DecisionsThe CBC deserves to be treated and judged fairly as much as does the complainant. [...] The tribunal did not deny procedural fairness, nor did it breach any rule of procedural fairness, even if there had been no memorandum of agreement, made on September 14, 1993, above cited. [...] It is because Parliament enacted the one year datum as a substantive right of, or benefit to, those against whom complaints are made, but the Commission does not deal with complaints by dealing with anyone's substantive rights.
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7,631.
Khoury Real Estate Services Ltd. v. Canada (Public Works and Government Services) - 1996-10-03
Federal Court DecisionsA third issue concerns the substance of the application, including a consideration of the application of the principle of fairness in this case. [...] I deal with each of these issues in turn, determining each in order that all issues now raised be resolved. [...] In the invitation for proposals, PWGSC clearly reserved its authority to deal with any tenderer, or to decline to accept any proposal.
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7,632.
Garnhum v. Deputy Canada (Attorney General) - 1996-10-02
Federal Court Decisions(b) the Commission failed to observe a principle of natural justice or procedural fairness in reaching its decision; [...] Given that the Commission has decided to deal with the complaint in accordance with section 41 of the Act: [...] Its enabling statute provides it with a great deal of control over its own processes.
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7,633.
Schut v. Canada (Attorney General) - 1996-10-02
Federal Court DecisionsThis decision was set aside a second time on procedural fairness grounds since the Commission did not have the appendices from the applicant's second submission before them at the time of the decision. [...] a) Making a decision in the absence of all relevant evidence, thereby breaching the principles of natural justice and fairness ? [...] Given my conclusions herein it is unnecessary to deal with the question of certification.
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7,634.
Imperial Tobacco Limited v. Rothmans, Benson & Hedges Inc. - 1996-09-24
Federal Court DecisionsThe basic approach taken by the respondent is that the Court should be very prudent in dealing with expungement proceedings. [...] From the survey of this dictionary approach, I should suggest that the root meaning of the word "classic" derives from classical periods in the history of civilization, of literature, of music, all of them fairly didactic categories and used primarily, in my view, as quick-speak.
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7,635.
Canada (Information Commissioner) v. Canada (Public Works) - 1996-09-23
Federal Court DecisionsThe disclosure of the names of pension recipients may assist members of the public in assessing the fairness of the current pension scheme. [...] Additionally, we are dealing with a very small number of names so that the public interest far outweighs what privacy interests there may be in withholding the identity of these MPs, let alone the simple matter of the number of MPs who purchased back their prior years of service. [...] The fact that the Requested Information deals with persons does not itself suffice to make the privacy interest paramount.
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7,636.
Canada (Attorney General) v. Canada (Information Commissioner) - 1996-09-20
Federal Court DecisionsThe Commissioner has specifically denied the allegations of actual conflict of interest against Ms. Petzinger in her dealings with Colonel Drapeau. [...] It is a recommendation which requires a duty of fairness, albeit at a relatively low level. [...] In my view, the Commissioner has met the level of the duty of fairness requirements in the circumstances.
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7,637.
Li v. De Vink - 1996-09-19
Federal Court Decisions1. To ensure fair and consistent personal property allowances. 2. To ensure a safe, secure and orderly institution by effectively administering the personal property of inmates. [...] But for these special circumstances, I would not have been prepared to deal with this matter without an oral hearing.
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7,638.
Arnold v. Canadian Human Rights Commission - 1996-09-18
Federal Court Decisions(1) That the Respondent SSHRC erred in declining to exercise its jurisdiction to deal with the Applicant's complaint of irregularities and discrimination in the 1993-94 law competition of the Doctoral Fellowship Program, contrary to the requirements of procedural fairness; [...] The disorder is constitutional and indicates a disturbance of cognitive functions dealing with the abstract symbols of written language. [...] 10. The decision to dismiss a complaint is an administrative one to which the doctrine of fairness applies.
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7,639.
Mercier v. Canada (Attorney General) - 1996-09-03
Federal Court DecisionsWith regard to point 2 dealing with paragraph 6 on inmate C. CSC finds nothing exceptional in the fact that an inmate was in pyjamas. [...] She had to deal with the inmate’s delinquent conduct, be fair and equitable with him while earning his respect with full authority to act when an inmate committed an offence. [...] There was no training or course of action to deal with the issue of inmates’ tactics of a sexual nature.
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7,640.
Hamel v. Canada - 1996-08-20
Federal Court DecisionsThey told me that there was in fact a fairly big horse auction going on there, I don't recall the exact place in Texas, but that they didn't have time to do any checking, they were busy elsewhere. [...] All my research checked out and I was able to determine that there were in fact people in Texas who corroborated the information I had received and I also determined that Mr. Hamel had in fact gone to the United States fairly often to buy horses, and even that he was in the United States at that time, that he was due to [...] In the instant case, I shall deal with the loss of business suffered by the Double J. Ranch Inc. before addressing the question of moral damage.
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7,641.
Hagwilget Village v. Canada - 1996-06-24
Federal Court DecisionsThe principles in Allen v. McAlpine and Birkeu v. James are now well understood and I have not been persuaded that a case has been made out to abandon the need to show that the post writ delay will either make a fair trial impossible or prejudice the defendant. [...] In this instance, the Plaintiffs, by their action together with their u s pendens lodged against title, are not only preventing the Church from dealing with and maintaining the hall, but are also forcing the Church to spend money on heating the hall, [...] That the Church's hall has been tied up in this litigation for many years may be unfortunate, however, I do not take that as prejudicial in the sense of preventing a fair trial.
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7,642.
Hale v. Canada - 1996-05-23
Federal Court DecisionsCounsel for the applicant argues that a breach of the duty of fairness occurred. [...] The procedure for dealing with a classification grievance is established by Treasury Board and is set out in the Manual. [...] Nor does he argue that the Treasury Board does not have authority to establish rules of procedure for dealing with grievances.
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7,643.
Dufour v. Canada (Attorney General) - 1996-05-08
Federal Court DecisionsIn undertaking the review courts must ensure first that the board has acted within its jurisdiction by following the rules of procedural fairness, second, that it acted within the bounds of the jurisdiction conferred upon it by its empowering statute, and third, that the decision it reached when acting within its [...] In my opinion, having considered the criteria referred to above and the cases from the Supreme Court dealing with the standard of review, I find that the decision of the arbitrator in the case at bar should be accorded considerable or significant curial deference, particularly since it concerns a matter squarely within the [...] a high standard of judicial review, to intervene in the decision of an adjudicator who has, within the statutory limits of jurisdiction, interpreted a collective agreement with sufficient rationality on the basis of the facts before her and without offending the principles of natural justice or procedural fairness.
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7,644.
Ahani v. Canada - 1995-09-12
Federal Court DecisionsThis section of the legislation does not deal with the question of deportation. [...] He further indicated that the international obligations of Canada require it to pursue vigorously all legal avenues to identify and deal with terrorists. [...] (e) deprive a person of the right to a fair hearing in accordance with the principles of fundamental justice for the determination of his rights and obligations.
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7,645.
Utah Mines Ltd. v. Canada - 1991-03-28
Federal Court DecisionsThe said Section 7(5) deals with payments in the period May 6, 1974 to November 18, 1974 and the pertinent portions read: [...] Any amount paid or payable in the year or the fair market value of any property paid or payable in the year to [...] "The words of Lord Reid in Inland Revenue Commissioners v. Hinchy, (1960) A.C. 748; (1960) 1 All E.R. 505 are also apposite in dealing with what may have appeared to be unfortunate results arising from giving to words in a statute their plain