11,312 result(s)
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2,501.
Ed Wahl Boat Builders and Repairs Ltd. v. Norse-Pol (Ship) - 2000-08-28
Federal Court Decisions[5] The effect of all of this is to leave the Defendants not only without opposing counsel, with whom their counsel might deal, but also without any effective way of reaching the company or its officer and director. [...] [6] In short, the Defendants are concerned that they have no one with whom to deal either generally, as to proceeding with the action or particularly in order to obtain the release of their vessel. [...] [9] Certainly in Canada there is the concept of wrongful arrest and the damages that may flow, however this presupposes a live plaintiff as someone to deal with and penalize if the arrest is in fact improper.
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2,502.
Kibiku v. Canada (Citizenship and Immigration) - 2023 FC 1310 - 2023-09-28
Federal Court Decisions[3] The Applicant seeks judicial review of the RAD decision, raising the issues of procedural fairness and reasonableness. [...] The more detailed reasons below deal only with the procedural fairness issue. [...] [9] I find the RAD decision must be set aside for lack of procedural fairness.
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2,503.
Haque v. Canada (Attorney General) - 2018 FC 651 - 2018-06-22
Federal Court DecisionsI am satisfied that the requirements of procedural fairness were respected. [...] A. Procedural Fairness (1) What is required? [59] The requirements of procedural fairness when it comes to transportation security clearances are often described as “minimal”. [...] Finally, given the length of time this matter has been outstanding, I trust that the Minister will deal with any new application as expeditiously as circumstances and considerations of fairness permit.
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2,504.
Canada Trustco Mortgage Company v. The Queen - 2003 TCC 215 - 2003-05-07
Tax Court of Canada JudgmentsThere is no question this was a good deal from the Appellant's perspective - the question is: Was it an abusive deal from a Canadian tax perspective? [...] 8. The parties are agreed that the fair market value of the said Equipment was $120 million (CDN) at the material time. [...] · that the fair market value of the equipment at the time of the purchase by the Appellant was not $120 million;
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2,505.
1455257 Ontario Inc. v. The Queen - 2020 TCC 64 - 2020-08-07
Tax Court of Canada Judgments2) The transfer must be made between persons not dealing at arm’s length; [...] 3) The fair market value of the property transferred must have exceeded the fair market value of the consideration given by the transferee; and [...] (c) a person with whom the person was not dealing at arm’s length, the following rules apply:
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2,506.
Nisreen v. Canada (Citizenship and Immigration) - 2018 FC 469 - 2018-05-01
Federal Court DecisionsThe failure to disclose extrinsic evidence can breach the duty of fairness. [...] The Applicants have made a significant effort to challenge this finding and I will deal with each of their grounds for reviewable error in turn. [...] Out of an abundance of caution, I will deal with it briefly. They submitted the following in writing:
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2,507.
Singh v. Canada (Citizenship and Immigration) - 2017 FC 1150 - 2017-12-14
Federal Court Decisions[14] The second issue raised by the Applicants, however, is a question of procedural fairness. [...] Questions of procedural fairness are reviewed under the correctness standard. [...] [35] The Applicants also argue that the Officer should have convoked an interview to deal with credibility concerns.
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2,508.
Mousseau v. Canada (Attorney General) - 2016 FC 1414 - 2016-12-29
Federal Court DecisionsIn fairness to the decision maker the evidence and procedures for dealing with PTSD that can now be marshalled may not have been available or before them at the time. [...] [39] Cpl. Mousseau did not retain outside counsel or obtain any assistance to deal with the process when he was suffering high to extreme PTSD and may not have been his best advocate at the time given his medical condition. [...] [46] Of course each case will be determined on the facts of that case but in exercising their discretion fairness in treatment must enter into the determination.
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2,509.
Esmaili v. Canada (Citizenship and Immigration) - 2013 FC 1161 - 2013-11-14
Federal Court Decisionsc. Did the Officer’s failure to give adequate reasons amount to a breach of procedural fairness? [...] The standard of review for an alleged failure to address key evidence, and the standard of review for procedural fairness generally, is correctness. [...] C. Did the Officer’s failure to give adequate reasons amount to a breach of procedural fairness?
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2,510.
Thambipillai v. Canada (Citizenship and Immigration) - 2011 FC 1227 - 2011-10-26
Federal Court Decisions2. Did the officer breach the applicant’s right to procedural fairness? [...] [29] I wish to deal first with Issue 3. [30] Issue 3 Did the officer err in assessing the risks of hardship to the applicant? [...] [40] Because of my finding on Issue 3, I need not deal with the other issues.
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2,511.
Canada (Attorney General) v. Almalki - 2011 FCA 54 - 2011-02-10
Federal Court of Appeal DecisionsFirst, it says that the appeal is limited to information contained in only 30 documents dealing with either human source information or information received from foreign agencies. [...] The Crown cannot fully, fairly or objectively represent to the Court all points of view or, at a minimum, will not appear to any reasonable observer to do so. [...] The need to ensure a full, balanced and fair hearing militates in favour of the appointment of an amicus curiae.
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2,512.
Kumar v. Canada (Citizenship and Immigration) - 2009 FC 643 - 2009-06-18
Federal Court Decisions(2) Each Division shall deal with all proceedings before it as informally and quickly as the circumstances and the considerations of fairness and natural justice permit. [...] Accordingly, the Immigration and Refugee Protection Act (IRPA) requires the IRB to deal with proceedings before it informally, quickly and fairly... [...] S'il ne peut le faire, il en donne la raison et indique quelles mesures il a prises pour s'en procurer.
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2,513.
Belo-Alves v. Canada (Attorney General) - 2014 FC 1100 - 2014-11-21
Federal Court Decisions[50] I will first address the Applicant’s arguments about procedural fairness. [...] The doctrine of legitimate expectations is an aspect of procedural fairness and is limited to the rules of procedural fairness. [...] That judgment cites seven cases dealing with the doctrine, and then goes on:
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2,514.
741290 Ontario Inc. v. The Queen - 2008 TCC 55 - 2008-01-30
Tax Court of Canada Judgments3. On January 17, 1997, CRA denied a third Fairness application made by the Appellant. [...] 4. On March 15, 2001, CRA denied a fourth Fairness application made by the Appellant. [...] 7. On November 15, 2005, a fifth Fairness application made by the Appellant was denied.
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2,515.
Morrison v. HSBC Bank of Canada - 2007 FC 1232 - 2007-11-23
Federal Court Decisions3. In this matter, the Applicant was dealing with his “home” branch where the Applicant could be presumed to be relatively well known whereas in the Powell matter, the Applicant was dealing with branches where it was safe to assume that the Applicant was unknown. [...] That issue is one of procedural fairness, for which no curial deference is due. [...] The first issue raised by the Applicant is one of procedural fairness,
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2,516.
Democracy Watch v. Canada (Attorney General) - 2004 FC 969 - 2004-07-09
Federal Court Decisions[37] Bias or absence of bias is, of course, an aspect of procedural fairness. [...] Vu le fait que l'enregistrement des lobbyistes rémunérés ne doit pas faire obstacle à cette liberté d'accès, [...] * L'enregistrement des lobbyistes rémunérés ne doit pas faire obstacle à cette liberté d'accès.
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2,517.
Sellan v. Canada (Citizenship and Immigration) - 2024 FC 883 - 2024-06-10
Federal Court DecisionsS’il ne peut le faire, il en donne la raison et indique quelles mesures il a prises pour se procurer de tels documents. [...] [14] For reasons that I will elaborate, I find that the member’s dealing with the NIC was unreasonable. [...] Not only did the member not deal with contrary evidence on the key issue, she did not see a need to hold a hearing to assess the Applicant’s credibility with respect to all of these.
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2,518.
Wenham v. Canada (Attorney General) - 2020 FC 592 - 2020-05-08
Federal Court DecisionsWhile that rule allowed courts to deal with relatively simple class actions, it became clear in the latter part of the 20th century that Rule 12.01 was not well-suited to the kinds of complicated cases that were beginning to come before the courts. [...] [15] The exception provision is important to the class proceeding regime and as such should be given an equally fair and liberal interpretation which serves the purpose of disciplining inappropriate conduct. [...] It is fair to say, as found in the Class Counsel Fee decision, that this was a novel case, that the class proceedings had an impact on the end result.
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2,519.
Napaokesik v. Shamattawa First Nation - 2012 FC 153 - 2012-02-03
Federal Court DecisionsProcedural fairness requires that a person who would be affected by a decision should have notice and an opportunity to make representation. [...] Government agencies, federal and provincial, would have certainty in their dealings with the SFN in the interim. [...] Businesses and individuals would be able to continue dealing with the SFN with a measure of predictability.
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2,520.
Access Information Agency Inc. v. Canada (Attorney General) - 2007 FCA 224 - 2007-06-08
Federal Court of Appeal DecisionsThe applicant stated that it has the right to ensure that there was no breach of procedural fairness, particularly the audi alteram partem rule. [...] (i) qu'il est impossible de faire la version ou le résumé en question, [...] [21] It is in this context that we find section 317 of the Rules dealing with the request for disclosure of material.
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2,521.
Girard v. Canada (Customs and Revenue Agency) - 2001 FCT 295 - 2001-04-05
Federal Court Decisions[12] The plaintiff maintained that the persons responsible for processing his file failed to observe the rules of natural justice, in particular the right to be heard and informed and the right to an impartial, objective and fair decision. [...] In March 1996 the Minister also issued a document titled "Application of the Fairness Provisions to Interest and Penalty", which restates the guidelines and procedures regarding the application inter alia of s. 220(3.1) ITA. [...] [21] Additionally, the arguments made by the plaintiff in support of his application for judicial review deal, for the most part, with the processing of his file before he made his application to cancel interest.
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2,522.
Canada v. Gadbois - 2001 FCT 3 - 2001-02-01
Federal Court DecisionsPursuant to a directive dated December 7, 2000 I asked the parties for their comments on Wellgate International Ltd. v. Canada (Minister of National Revenue)[3] in which Rouleau J. dealing with a similar point, declined jurisdiction. [...] [38] Further, there is no doubt that the questions of fraud, simulation and enforceability cannot be fairly and properly resolved on the basis solely of evidence by affidavit and the transcripts of examinations on affidavit. [...] The relevant sections of the Income Tax Act and the Federal Court Rules were never intended to deal with complex and intricate disputes of this nature nor are they procedurally designed to allow for the type of inquiry which needs to be undertaken.[10]
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2,523.
Temahagali v. Canada (Minister of Citizenship and Immigration) - 2000-12-12
Federal Court DecisionsThis set of reasons deals with both appeals and a copy will be placed in each file. [...] [10] In sum, that last cited case of Siad and any further proceedings in this present case were and are all to be carried out according to the norms of Canadian law, which are profoundly fair. [...] Fair treatment is exactly what the applicants' counsel demands and nothing before the Court in this case seems to be jeopardizing such treatment.
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2,524.
Z.I. Pompey Industrie v. Canmar Fortune (The) - 1999-09-22
Federal Court Decisions[8] ECU-Line submits I ought not to deal with fundamental breach or deviation, for those are factual issues to be determined on the merits by the trial judge. [...] [12] Mr. Tetley in the Third Edition of Marine Cargo Claims (supra) leads into this area in Chapter 5, a chapter dealing with fundamental breach, quasi-deviation and rupture of the contract, as follows: [...] Now it is fairly common knowledge that rail carriage, can be and perhaps usually is accompanied by vibration, bumps and jolts.
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2,525.
687764 Alberta Ltd. v. Canada (Minister of Health) - 1999-04-22
Federal Court DecisionsI was referred to no statute or regulation that deals with Provider Agreements. [...] While there may be a fair question as to whether the termination was justified, that is a question that can and should be dealt with in the action in the Alberta Court of Queen's Bench. [...] On its face it deals only with the contractual relationship between First Canadian and the Government of Canada, and so it is not necessarily inconsistent with the existence of a de facto delegation of authority from the Minister of Health to First Canadian.