11,309 result(s)
-
226.
Elsipogtog First Nation v. Peters - 2012 FC 398 - 2012-04-05
Federal Court Decisions(c) Did the Adjudicator commit a breach of natural justice or procedural fairness? [...] C. Did the Adjudicator Commit a Breach of Natural Justice or Procedural Fairness? [...] No breach of natural justice or procedural fairness was committed in this instance.
-
227.
Mokrycke v. Canada (Attorney General) - 2020 FC 1027 - 2020-11-03
Federal Court Decisions[23] The applicant then retained a lawyer, John H. Loukidelis, to deal with the CRA on his behalf. [...] Specifically, the applicant had relied on tax professionals to deal with the matter for him because he was unable to do so at the time. [...] B. Was there a breach of the requirements of natural justice and procedural fairness?
-
228.
Strauss Enterprises Ltd. v. Canada (Health) - 2008 FC 1305 - 2008-11-21
Federal Court DecisionsIn the alternative, the Minister says that Strauss was, at all times, dealt with fairly and, to the extent that fairness was required, it was met. [...] Strauss was also charged with a related offence dealing with the adequacy of its product labelling. [...] [13] Section C.01.041 of the FDA Regulations deals with the retail sale of prescription drugs.
-
229.
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.
-
230.
Descormiers v. The Queen - 1999-01-25
Tax Court of Canada Judgments(q) At the time the sale of the property in question was being negotiated and closed, the appellant and Jacques Lafond were not dealing with each other at arm’s length, and the agreed price of $125,000 was at least $80,000 lower than the fair market value of the property. [...] Did it correspond to fair market value? Did the appellant pay the actual value of the property? [...] Fair market value This term is not defined in either the Act or the Regulations.
-
231.
Verreault v. Canada (Attorney General) - 2023 FC 1019 - 2023-07-26
Federal Court DecisionsAn applicant has the right to know the case to meet and to have a full and fair chance to respond. [...] [30] Mr. Verreault’s written submissions do not deal with the issue of whether the Decision is reasonable. [...] However, since the AGC does deal with this issue at length in the AGC’s memorandum of fact and law, and since counsel for Mr. Verreault also made several remarks in this regard at the hearing before the Court, it is appropriate to deal with this issue.
-
232.
Chaudhry v. Canada (Citizenship and Immigration) - 2023 FC 785 - 2023-06-08
Federal Court Decisions[3] The Applicant argues that he was denied procedural fairness because the RAD did not deal with his request to file new evidence on his appeal. [...] Was the Applicant denied procedural fairness when the RAD failed to deal with his request to file new evidence? [...] A. Was the Applicant denied procedural fairness? [16] The question on this aspect of the case is whether the RAD’s failure to deal with the Applicant’s request to submit new evidence amounted to a denial of procedural fairness.
-
233.
Bell v. Canada (Citizenship and Immigration) - 2012 FC 783 - 2012-06-19
Federal Court Decisionsn’aurait pu, malgré des efforts raisonnables, le faire par écrit avant la procédure. [...] ou moins avant la procédure, la partie doit se présenter à la procédure et faire sa demande [...] He also points to subsection 162(2) of the Act which provides the IAD “shall deal with all proceedings before it as informally and quickly as the circumstances and the considerations of fairness and justice permit.” In this case, there was no breach of procedural fairness when the IAD did not grant the Applicant an
-
234.
Canadian Recording Industry Association v. Society of Composers, Authors and Music Publishers of Canada - 2010 FCA 322 - 2010-12-01
Federal Court of Appeal DecisionsTariff 22.A deals with royalties payable with respect to permanent downloads, limited downloads and on-demand streaming. [...] [11] I propose to deal with the issues in the same way they were developed in CRIA’s Memorandum. [...] To the extent that evidentiary questions are an aspect of procedural fairness, there is no basis in procedural fairness to challenge the manner in which the Board dealt with this evidence.
-
235.
Canada v. Blass - 2002 FCA 220 - 2002-05-28
Federal Court of Appeal Decisions[12] The judge did not deal with the first issue. The issue of procedural fairness was addressed in the context of the second issue. [...] [15] Section 31 of the Act, which deals with administrative segregation, reads as follows: [...] Those cases did not deal with the requirements of procedural fairness with respect to administrative segregation during an investigation.
-
236.
Montminy v. The Queen - 2016 TCC 110 - 2016-05-03
Tax Court of Canada Judgments(I) the fair market value of the security at the time the agreement was made exceeds [...] (B) at the time immediately after the agreement was made, the taxpayer was dealing at arm’s length with [...] (I) the fair market value of the particular security at the time the original agreement was made exceeded
-
237.
Canada Post Corp. v. Canada (Attorney General) - 2000-04-06
Federal Court DecisionsPursuant to paragraph 41(a) of the Canadian Human Rights Act, the Commission has resolved to deal with the complaint because: [...] [26] Lastly, contrary to the applicant"s submissions, I am satisfied that the Commission did not breach any principles of procedural fairness. [...] [28] Considering that all parties were advised of the Section 40/41 Analysis Report completed by the Commission and that submissions were made by the applicant,16 I am of the opinion that the process was indeed fair.
-
238.
Contour Optik Inc. v. Viva Canada Inc. - 2005 FC 724 - 2005-05-19
Federal Court DecisionsOne must look at what is reasonable and fair under the circumstances: Smith, Kline & French Ltd. v. A.-G. Can., per Addy J. at p. 109. [...] All litigation should be disclosed, whether before the Federal Court or other courts, and whether of not same deal with the Canadian '714 Patent, the US '545 Patent or any other patent dealing with magnetic eyewear; [...] [14] In a fair number of situations or classes, Contour and Chic consider in the circumstances that Viva's demands are unreasonable and in the nature of a fishing expedition.
-
239.
Seaspan International Ltd. v. Ewa (Ship) - 2004 FC 124 - 2004-01-26
Federal Court DecisionsVermeulen 1 deals with claims, as opposed to legal proceedings. Brule question 4 deals with the "formal" assertion of a claim, whereas Brule question 5 asks whether Lafarge ever commenced a lawsuit against Seaspan or the barge Seaspan 433. [...] The Chambers Judge denied wholesale production, but did require portions of the agreement dealing with releases, covenant not to sue, reservations of rights, admissions and provisions dealing with evidentiary arrangements to be produced. [...] The questions dealing with claims by the Co-plaintiffs against Seaspan need not be answered.
-
240.
Canada (Citizenship and Immigration) v. Jayamaha Mudalige Don - 2014 FCA 4 - 2014-01-10
Federal Court of Appeal DecisionsWas there a breach of procedural fairness? - Natural Justice [38] As the Federal Court judge makes clear at paragraph 39 of her reasons, her decision does not purport to deal with any situation other that the one confronting the respondent. [...] I can detect no breach of procedural fairness. The reasons of the Federal Court judge [...] b) lorsque la mesure de renvoi devient exécutoire, l’agent avise le transporteur de son obligation de faire sortir l’étranger du Canada et, s’il y a lieu, de le faire escorter.
-
241.
Chrétien v. Canada (Commission of Inquiry into the Sponsorship Program and Advertising Activities) - 2008 FC 802 - 2008-06-26
Federal Court DecisionsThese paragraphs and exhibits deal with interviews that Commissioner Gomery gave to the media in December 2004. [...] That is not the case of the newspaper articles we are dealing with here. [...] Administrative boards that deal with matters of policy will be closely comparable to the boards composed of municipal councillors.
-
242.
Orr v. Fort McKay First Nation - 2011 FC 37 - 2011-01-13
Federal Court DecisionsAt this stage, there is no evidence that a general system of rules dealing with such matters has been adopted, and there is nothing in that respect in the Election Code. [...] However, members of bands are individuals who, in my opinion, are entitled to due process and procedural fairness in procedures of tribunals that affect them. [...] To the extent that this Court has jurisdiction, the principles of natural justice and procedural fairness are to be applied.
-
243.
Morin v. Canada - 2000-03-22
Federal Court Decisions[5] The leases contain a provision for negotiating the annual fair market rent payable for the period of 5 years commencing April 1, 1999. [...] Failing agreement between the parties as to fair market rent, the leases provide that the Minister of Indian Affairs and Northern Development (the "Minister") determines the "fair market rent" payable for the five year term. [...] [29] This decision, as well as the two others cited by the Defendant, are fairly compelling.
-
244.
Ernst v. Canadian National Railway Company - 2021 FC 16 - 2021-01-06
Federal Court Decisions... ... Commission to deal with complaint Irrecevabilité 41 (1) Subject to section 40, the Commission shall deal with any complaint filed with it unless in respect of that complaint it appears to the Commission that [...] [44] I will now deal with the Applicant’s submissions on procedural fairness. [...] Likewise, I decline to deal with other issues of procedural unfairness or issues of alleged unreasonableness.
-
245.
Spano v. M.N.R. - 1999-10-27
Tax Court of Canada JudgmentsThere were exceptions, however, especially dealing with the deposit of his weekly employment cheques. [...] It appeared to have been a fair method of processing the claims and did not show a denial of natural justice. [...] This subsection was intended to ensure that the Act be fairly and expeditiously administered.
-
246.
Haynes v. Canada (Attorney General) - 2023 FCA 158 - 2023-07-07
Federal Court of Appeal DecisionsBecause he had a full and fair opportunity to present his case to this court, it is not necessary for us to make a determination as to the fairness of the hearing afforded to Mr. Haynes by the Federal Court. [...] III. What this Court did to Ensure that Mr. Haynes Received a Fair Hearing [...] The team leader further stated that he was never provided with any guidance or training as to how to deal with Mr. Haynes’ situation.
-
247.
Law v. Canada (Citizenship and Immigration) - 2007 FC 1006 - 2007-10-03
Federal Court DecisionsWe are dealing here with the powers of an administrative tribunal in relation to its procedures. [...] [...] 57. In the absence of a provision in these Rules dealing with a matter raised during an appeal, the Division may do whatever is necessary to deal with the matter. [...] [20] In the present instance, the applicant was provided with a fair hearing and an opportunity to fully present his case.
-
248.
Loewen v. The Queen - 2003 TCC 101 - 2003-03-14
Tax Court of Canada Judgments[19] Paragraph 69(1)(a) of the Income Tax Act deals with the tax consequences of transfers between persons not dealing at arm's length. [...] We accept this amount as the fair market value for the AIRS II Software. [...] She clearly did not assume that they were not dealing at arm's length.
-
249.
Mclennan v. Canada (Minister of National Defence) - 1998-06-12
Federal Court DecisionsThe first is whether the application should be considered in circumstances where the applicant did not pursue to completion the internal grievance process to deal with his concerns about his involuntary release. [...] In finding that procedural fairness had not been met, Mr. Justice Cullen wrote: [...] It is my opinion that procedural fairness is lacking in these circumstances.
-
250.
Canada v. Bowker - 2023 FCA 133 - 2023-06-08
Federal Court of Appeal DecisionsThe Court quoted three legal texts dealing with costs. It cited Mark M. Orkin & Robert G. Schipper, The Law of Costs, 2nd ed. [...] Section 162 deals with penalties for failures in relation to filing returns or failing to provide information as and when required. [...] [49] Following this principle, the scope of paragraph 162(7)(b) would be limited by the general tenor of section 162 dealing with various failures to file returns or to provide information and the specific context of paragraph 162(7)(a) dealing with the failure to file information returns.