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Results 2771 - 2780 of 2949 for considered
FCTD
384238 Ontario Ltd. v. The Queen, [1981] CTC 295, 81 DTC 5215 (FCTD), aff'd 84 DTC 6101 (FCA)
He prepared the list of what he considered to be a fair market value for the items sold by Mrs Allen and Mr. ... This therefore must also be considered as exempt from seizure. There is another series of items acquired by the numbered company from Harry Burnside, who testified. ... It was considered in December 1979 that it would be desirable that some of the assets of the numbered company be liquidated if the Maple Leaf Company which was owned by it were to be allowed to increase the amount of outstanding loans due by it to the bank. ...
FCTD
Rosenberg v. Canada (National Revenue), 2016 FC 1376
The Respondent seems to be satisfied that there is a Direction in place. [106] In those circumstances, in spite of the silence of Bédard J. and the dictum in Exeter, I have chosen to treat the Direction of July 29, 2015, as the latest judicial pronouncement on the matter and considered the cost issue on the motion to strike proper, as per the Direction. [107] There are also submissions made concerning the application for judicial review. ... I have considered whether one party should be awarded costs in spite of the fact that each side prevailed on one argument. ... That cannot be considered to be a ringing endorsement, as somewhat suggested by the Applicant in his submissions on costs (para 4), of the position taken by the Applicant. ...
FCTD
Felipa v. Canada (Citizenship and Immigration), 2010 FC 89
[10] T he Chief Justice of the Federal Court requested the deputy judges, each of whom had held office as a judge of a superior court in Canada, to act as a judge of the Federal Court, pursuant to s. 10(1.1) of the Federal Courts Act and the corresponding order in council, P.C. 2003-1779, dated November 6, 2003. [1] [11] I will now turn to the first of the two principal questions to be considered. ... They did not make such an enactment then, but we have the right to do it now. […] I am afraid we have no jurisdiction to extend it to other courts than the federal courts … … We have no right to deal with judges of the superior courts to the extent of restricting their tenure of office, but there is no such provision applicable to county court judges, who have not been considered as members of the superior or high courts ... In his view, the legislative and statutory history concerning the Exchequer Court, found in the debates of 1927 and 1960, is irrelevant because Parliament would not have considered it necessary to question whether an inferior court fell within the meaning of s. 99. ...
FCTD
Canada (Attorney General) v. Allard, 2008 FC 1294
(Acting assignments, indefinite appointments, and internships will be considered.) ... If the Appeal Board concludes that the Selection Board met this requirement, it must dismiss the appeal even if it is of the opinion that, had it been responsible for the task entrusted to the Selection Board, the result might have been different If a Selection Board has performed its duty in accordance with the Act and regulations and has made an honest effort to choose the most deserving candidate, then an Appeal Board would be exceeding its authority if it allowed the appeal from the decision of the Selection Board on the grounds that the latter had not availed itself of the means considered by the Appeal Board to be most appropriate for the performance of its duty. ... However, the other described behaviour may be considered to be important factors in order to make a team more aware. ...
FCTD
Committe for Monetary and Economic Reform v. Canada, 2014 FC 380
As stated in Vriend v Alberta, [1998] 1 S.C.R. 493 at paras 59-60 [Vriend] [Plaintiffs’ emphasis]: [59] The respondents contend that a deliberate choice not to legislate should not be considered government action and thus does not attract Charter scrutiny. ... The question is whether, considered in the context of the [page 70] law and the litigation process, the claim has no reasonable chance of succeeding ... [73] I don’t think that when the Supreme Court of Canada, in Imperial Tobacco, above, said that the “question is whether, considered in the context of the law and the litigation process, the claim has no reasonable chance of success,” it meant to encourage the Court in a strike motion to decide points of statutory interpretation before hearing the evidence and full legal argument based upon that evidence. ...
FCTD
Union of Canadian Correctional Officers/Syndicat des Agents Correctionnels du Canada Confédération des Syndicats Nationaux CSN (UCCO-SACC-CSN) v. Canada (Attorney General), 2016 FC 1289
They must prepare reports, from which information is used by CSC staff and other organizations to make decisions concerning security and the reintegration of inmates into society. [109] The Union admits that employment in the public service, particularly in CSC, is considered a relatively regulated field (paragraph 31 of its memorandum). ... [128] The Court will first address the AGC’s argument that this redress is premature. (1) Premature redress [129] The Court accepts the Commissioner’s position that the complaint process set out in paragraph 29(1)(h) of the Act should not be considered an adequate alternative remedy because the Commissioner’s findings and recommendations with respect to complaints are not binding and the Act does not provide for any subsequent recourse, requiring that the applicant file an application for judicial review to obtain a binding decision. ... The wording of subsequent laws should therefore be considered with caution. ...
FCTD
Perron v. Canada (Attorney General), 2020 FC 741
Par conséquent, il convient de se prononcer sur le caractère raisonnable de cette décision. [94] Le paragraphe 27 (1) de la Loi dispose : 27(1) Sous réserve du paragraphe (3), la personne ou l’organisme chargé de rendre, au nom du Service, une décision au sujet d’un délinquant doit, lorsque celui-ci a le droit en vertu de la présente partie ou des règlements de présenter des observations, lui communiquer, dans un délai raisonnable avant la prise de décision, tous les renseignements entrant en ligne de compte dans celle-ci, ou un sommaire de ceux-ci. 27(1) Where an offender is entitled by this Part or the regulations to make representations in relation to a decision to be taken by the Service about the offender, the person or body that is to take the decision shall, subject to subsection (3), give the offender, a reasonable period before the decision is to be taken, all the information to be considered in the taking of the decision or a summary of that information. ... Cut-off level: the concentration of a drug in the urine that determines if the test will be considered positive or negative in accordance with Annexes B and C. ... [131] Le paragraphe 31(1) du Règlement dispose : 31(1) Au cours de l’audition disciplinaire, la personne qui tient l’audition doit, dans des limites raisonnables, donner au détenu qui est accusé la possibilité : 31(1) The person who conducts a hearing of a disciplinary offence shall give the inmate who is charged a reasonable opportunity at the hearing to a) d’interroger des témoins par l’intermédiaire de la personne qui tient l’audition, de présenter des éléments de preuve, d’appeler des témoins en sa faveur et d’examiner les pièces et les documents qui vont être pris en considération pour arriver à la décision; (a) question witnesses through the person conducting the hearing, introduce evidence, call witnesses on the inmate’s behalf and examine exhibits and documents to be considered in the taking of the decision; and b) de présenter ses observations durant chaque phase de l’audition, y compris quant à la peine qui s’impose. ...
FCTD
Berl Baron, Howard Baron, C.A., Steven Grossman and Interact Laser Industries Inc. v. Her Majesty the Queen, Attorney General of Canada and the Honourable Otto Jelinek in His Capacity as Minister of National Revenue, [1990] 1 CTC 84, 90 DTC 6040
All these things being considered, it is my opinion that the trial judge properly found paragraph 231(1)(d) and subsection 231(2) to be contrary to the guarantee against unreasonable search and seizure contained in section 8. ... If a warrant is issued by a judge of the superior court of a province, the decision, in at least some provinces, will be considered to be non-final in nature and therefore not appealable to the Court of Appeal of the province: Kourtessis, supra; Bernstein c. ... It was held that a warrant to search a lawyer's office should not be issued, under that section, unless the justice of the peace had considered: (1) whether a reasonable alternative source of obtaining the information existed; and (2) if such did exist whether reasonable steps had first been taken to obtain the information from that source. ...
FCTD
Coopers & Lybrand Ltd., Trustee of Hawboldt Hydraulics (Canada) Inc. v. The Queen, 92 DTC 6452, [1992] 2 CTC 363 (FCTD)
He considered himself bound by the decision of Strayer, J. of this Court in Crown Tire Service Ltd, v. ...
FCTD
St.-Romuald Construction Ltée v. The Queen, 88 DTC 6405, [1988] 2 CTC 324 (FCTD)
Domville, [1956] 1 All E.R. 754 at 757, when referring to the distinction between the case where such payments are to be considered as capital receipts or, on the other hand, as income: But, the matter being largely one of degree and so of fact, as Lord Normand said. ...