11,312 result(s)
-
2,526.
Abraham v. Canada (Attorney General) - 1999-03-03
Federal Court Decisions[10] The respondent submits that the Chairman was acting in accordance with the purpose of his inquiry and the principle of fairness in allowing the Department to adduce evidence concerning the "evidentiary framework" supporting its findings. [...] The former situation deals with the rules applicable to pleadings while the latter deals with the rules which apply in the presentation of evidence. [...] [22] The fact that the Board provided for a renewed disclosure meeting supports my finding that the Board complied with the duty of fairness.
-
2,527.
Canadian Olympic Association v. Olympic Denture Cleaner Inc. - 1997-05-15
Federal Court DecisionsI believe that a fair and reasonable assessment would be to allow 4 units for this Item. [...] A fair and reasonable allocation for the correspondence would thus be 2 units or $200 in this case. [...] Parties can use the official language of their choice for their dealings with the Court.
-
2,528.
Magren Holdings Ltd. v. The Queen - 2021 TCC 42 - 2022-04-01
Tax Court of Canada Judgmentsbeneficiaries under the trust with respect to all dealings with all of the trust’s property (unless the trust is described in any of paragraphs (a) to (e.1) of the definition trust in subsection 108(1)), ceases to act as agent for a beneficiary under the trust with respect to any dealing with any of the trust’s property, [...] [3] The Report answered that the acquisition of the 8M units of FMO by FULP did not affect the fair market value of the units and that the subsequent acquisition of those units by the Appellants, also did not affect their fair market value. [...] It is argued that an expert report must deal with a subject-matter that ordinary people are unlikely to form a correct judgment about without assistance.
-
2,529.
Leonard v. The Queen - 2021 TCC 33 - 2021-04-30
Tax Court of Canada JudgmentsTherefore, this factor is not indicative of dealing or trading in distressed debt. [...] [174] Thus, it is my view that on June 24, 2009 the fair market value of the Mortgage was substantially greater than the fair market value of the Note and the Debt. [...] In fairness, counsel for the Crown also stated, “There was no thought about this mortgage being the investment.
-
2,530.
Mvana v. Canada (Citizenship and Immigration) - 2023 FC 329 - 2023-03-10
Federal Court DecisionsSection 39 deals with financial reasons that could lead to inadmissibility. [...] The fairness of the process involved questions of liberty and security, such that section 7 could be applied. [...] Assuming that this would be fair under section 15 of the Charter, something similar would have to be presented.
-
2,531.
Québec (Procureur Général) c. La Reine - 2001 FCT 51 - 2001-02-12
Federal Court Decisions(a) the relevance of the information and documents in question and the feasibility of filing them so that the case can be adequately and fairly argued; [...] [100] The letter concerns the negotiating strategy to be used by the various provinces in dealing with the federal government. [...] [186] This is a memorandum from Pierre-Paul `Veilleux to Léonard Gilbert, dated December 9, 1992, dealing with social services in the schools.
-
2,532.
Jayasinghe Arachchige v. Canada (Citizenship and Immigration) - 2020 FC 509 - 2020-04-09
Federal Court Decisions1. Did the RAD violate the Applicant’s right to procedural fairness? [...] Evaluating whether procedural fairness, or the duty of fairness, has been adhered to by a tribunal requires an assessment of the procedures and safeguards required in a particular situation (Moreau-Bérubé, para 74). [...] [81] With these basic principles in mind, the Applicant says that the RAD acted in a procedurally unfair way when dealing with his failure to claim asylum in the USA.
-
2,533.
Arif v. Canada (Citizenship and Immigration) - 2016 FC 1149 - 2016-10-17
Federal Court Decisions2. Whether the Visa Officer who refused the application for a temporary resident permit breached the principles of fairness and natural justice by: [...] [12] As a matter of procedural fairness, the bias allegations will be reviewed under the standard of correctness: Khosa, above, at para 43. [...] [26] The present application deals with a refusal to grant the Applicant a temporary resident permit [TRP] dated December 8, 2015.
-
2,534.
Chandrakantbhai Patel v. Canada (Citizenship and Immigration) - 2015 FC 900 - 2015-07-23
Federal Court Decisions[12] The Applicant therefore submits that there was a breach of procedural fairness. [...] Ensuring that each notice was received would impose an impossible burden on CIC and would, without doubt, impact negatively on the ability of CIC to deal expeditiously with applications. [...] Since the Respondent has not proven that the e-mail was sent, it is a breach of procedural fairness under either line of cases.
-
2,535.
McDowell v. Canada (Citizenship and Immigration) - 2009 FC 601 - 2009-06-11
Federal Court Decisions[34] Duty of Fairness The applicant submits that “[t]he duty of fairness owed by the RPD falls at the high end of the continuum of procedural fairness (see Geza et al. v. Canada (Minister of Citizenship and Immigration), 2006 FCA 124). [...] [45] I wish to first deal with Issue 4. [46] Issue 4 Did the PRRA officer err in applying the wrong test under sections 96 and 97 of IRPA? [...] [52] Because of my conclusion on this issue, I need not deal with the remaining issues.
-
2,536.
Park Haven Designs Inc. v. The Quenn - 2006 TCC 685 - 2006-12-14
Tax Court of Canada Judgments[25] The Respondent relies on subsection 69(4) in asserting that there was an appropriation of the Slopes House from Park Haven to Mr. Jaques at fair market value in 1998, resulting in income equal to the fair market value less costs. [...] [30] Mr. Dunphy suggested that, as the deal of getting Park Haven's services for nothing was available to all shareholders, being both Mr. and Mrs. Jaques, this rendered the advantage no longer a benefit. [...] [37] Turning now to the flip side of this issue, I will deal with whether the Jaques received a benefit from having the Furnishings available to them.
-
2,537.
Mallette v. Canada (Attorney General) - 2004 FC 151 - 2004-01-30
Federal Court Decisions[40] It is essential to bear in mind that procedural fairness is a concept with a variable configuration. [...] As such, procedural fairness does not require that the applicant have as many details as in the case of a disciplinary charge. [...] In the situation we are dealing with here, guilt was not what had to be confirmed, it was whether the information received from six different sources was sufficient to raise a valid concern and warrant the transfer.
-
2,538.
Biogen Canada Inc. v. Pharmascience Inc. - 2022 FCA 143 - 2022-08-08
Federal Court of Appeal DecisionsIn this regard, I believe it is both fair and necessary to read the Federal Court’s reasons holistically (see also para. 191 of the FC Decision). [...] And I want to be fair to my friends. We do not take issue with paragraphs 1 to 94. [...] I understand this to mean that this would simply not be fairly representing the objective intention of the inventors.
-
2,539.
Stewardship Ontario v. The Queen - 2018 TCC 59 - 2018-03-21
Tax Court of Canada Judgments• - Common and shared costs will be assessed across all MHSW Stewards in a fair and transparent manner. [...] • - An ISP dealing with pesticides, solvents and fertilizer began operation in the second quarter of 2016. [...] [40] The Court did not receive information with respect to how many MHSW Stewards have elected to participate in the ISP dealing with pesticides, solvents and fertilizer or the ISP dealing with automobile products.
-
2,540.
Godinez Ovalle v. Canada (Citizenship and Immigration) - 2015 FC 935 - 2015-07-30
Federal Court DecisionsIn addition, the Applicant has been provided procedural fairness and was invited to meet with CBSA regarding the cessation application. [...] [70] CBSA sent a letter to the Applicant on June 23, 2014 inviting the Applicant to an interview to deal with the residency concerns. [...] The Respondent made it into a non-routine application by invoking suspension powers to deal with possible future revocation of permanent residency.
-
2,541.
Orcheson v. The Queen - 2004 TCC 247 - 2004-05-12
Tax Court of Canada JudgmentsI asked Lorna on one occasion, when dealing with the cancelled cheques, "Do you have a bill?" [...] As an interpretation bulletin is not the law, I will deal with the case history. [...] [41] I do not interpret paragraph 5 in this way, as it obviously contains a typing error and I will deal with automobile expenses hereafter, when dealing with expenses generally.
-
2,542.
Abreo v. The Queen - 2019 TCC 122 - 2019-05-24
Tax Court of Canada JudgmentsFair market value of the software [36] I will deal next with the issue of the fair market value of the software that the Appellants donated to NCBS in each of the programs. [...] In the alternative, they argue that the fair market value of the OEM version and the retail version had the same functionality and therefore that the fair market value of the OEM version of the software was equal to the fair market value of the retail version. [...] The Court must deal with what the taxpayer actually did: see Bronfman Trust v. Canada, [1987] 1 S.C.R. 32, at paragraph 44, per Dickson C.J.
-
2,543.
Afolayan v. Canada (Citizenship and Immigration) - 2022 FC 1625 - 2022-11-25
Federal Court DecisionsHe concluded that assessing procedural fairness does not require a standard of review analysis but “a court must be satisfied that the right to procedural fairness has been met.” In that respect, the ultimate question is whether the Applicant knew the case to be met and had a full and fair chance to respond: CPR at paras [...] [33] In this Court, when dealing with allegations of incompetent counsel – lawyers or immigration consultants – there is a protocol to follow. [...] [22] The GCMS notes indicate that the procedural fairness letter was provided to the Applicant on January 16, 2020.
-
2,544.
HomeAway.com, Inc. v. Hrdlicka - 2012 FC 1467 - 2012-12-12
Federal Court DecisionsThe accused contended that the crime, if any, had occurred in the United States, but La Forest J. took the view that "[t]his kind of thinking has, perhaps not altogether fairly, given rise to the reproach that a lawyer is a person who can look at a thing connected with another as not being so connected. [...] A real and substantial connection to Canada is sufficient to support the application of our Copyright Act to international Internet transmissions in a way that will accord with international comity and be consistent with the objectives of order and fairness. [...] It is also clear from the evidence that a number of the property listings and vacation deals are from the relevant time period.
-
2,545.
Gurusamy v. Canada (Citizenship and Immigration) - 2011 FC 990 - 2011-08-11
Federal Court Decisionsc. Whether the RPD deprived the Applicant of procedural fairness by failing to conduct a separate analysis under section 97. [...] [21] The third issue, procedural fairness, is reviewable on the correctness standard. [...] [22] The Applicant claims that the RPD’s “overarching error” is its failure to deal properly with the claim based on the Karuna group.
-
2,546.
Wawatie v. Canada (Indian Affairs and Northern Development) - 2009 FC 374 - 2009-04-15
Federal Court Decisions[5] The applicants also submit that there was no proper consultation as demanded not only by procedural fairness but also by the Honour of the Crown in dealing with Aboriginal peoples. [...] DIAND has made it clear that it prefers to deal with others, in this case Chief Casey Ratt. [...] The Minister fairly and reasonably took the very remedial action contemplated by that contract.
-
2,547.
Stanley J. Tessmer Law Corporation v. The Queen - 2008 TCC 469 - 2008-09-12
Tax Court of Canada Judgments[2] Let me first deal with the Respondent’s motion to strike portions of the Notices of Appeal. [...] (a) may prejudice or delay the fair hearing of the action, (b) is scandalous, frivolous or vexatious, or [...] [8] As a general principle, supported by a great deal of caselaw, a motion to strike portions of a pleading can succeed only where it is clearly evident that the portions sought to be struck will be prejudicial to a fair hearing, are scandalous, vexatious or frivolous or an abuse of the Court’s process.
-
2,548.
Lenzen v. Canada (Attorney General) - 2008 FC 520 - 2008-04-22
Federal Court Decisions[23] The Board then proceeded to deal with the boating accident that occurred in August 1991. [...] Subsection 32(1) of the Act deals with reconsideration proceedings and provides as follows: [...] Failure to provide that opportunity amounts to a breach of procedural fairness.
-
2,549.
Tuck v. The Queen - 2007 TCC 259 - 2007-03-14
Tax Court of Canada JudgmentsHe also referred to Kapel, K‑A‑P‑E‑L, v. MNR [1979] C.T.C. 2187, again dealing with section 60(b). [...] JUSTICE ROSSITER: It is fairly simple. This is not complicated. He was describing the word "writing" in the Interpretation Act. [...] To do otherwise would mean the respondent has not treated the taxpayer fairly.
-
2,550.
United Parcel Service Canada Ltd v. The Queen - 2006 TCC 450 - 2006-11-30
Tax Court of Canada Judgments[9] In December 1996, UPS recognized that the system of dealing with GST adjustments was unsatisfactory. [...] [16] There is merit to the argument that in fairness the appellant should be entitled to recover the overpayments. [...] Its entitlement to the amount as a matter of fairness is unquestioned and there are various ways it might have used to get the money back.