11,312 result(s)
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2,551.
Desjean v. Intermix Media Inc. - 2006 FC 1395 - 2006-11-17
Federal Court DecisionsAs a result, I need not deal with the other grounds Intermix brought forward to dismiss this action. [...] On the other hand, he also acknowledged that fairness to the defendant requires that the judgment be issued by a court acting with properly restrained jurisdiction. [...] It would put much too great an onus on foreign website operators or any foreign commercial undertakings with no real presence in Canada which happen to deal with Canadian residents.
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2,552.
Klein v. The Queen - 2001-05-22
Tax Court of Canada Judgments(ii) to a person with whom the taxpayer was dealing at arm's length of any property that is [...] (iv) a debt owing to the taxpayer by a Canadian-controlled private corporation (other than, where the taxpayer is a corporation, a debt owing to it by a corporation with which it does not deal at arm's length) that is [...] including, for the purpose of paragraph 39(1)(c), a corporation that was at any time in the 12 months preceding that time a small business corporation, and, for the purpose of this definition, the fair market value of a net income stabilization account shall be deemed to be nil. . . .
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2,553.
Nazari v. Canada (Citizenship and Immigration) - 2020 FC 1032 - 2020-11-04
Federal Court Decisions[15] I am not persuaded that the Applicants have shown any breach of procedural fairness by the Officer. [...] No breach of procedural fairness arises from the fact that the Officer did not identify other subjects to be addressed. [...] [30] The Officer did not directly deal with “durable solution” as those words appear in paragraph 139(1)(d) of the Regulations.
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2,554.
Almoqaiad v. Canada (Citizenship and Immigration) - 2020 FC 160 - 2020-01-29
Federal Court Decisions[13] The Applicants rely on the passage in the RAD decision where the Board dismisses the natural justice/procedural fairness claim due to lack of evidence. [...] fairness for administrative efficiency is not a permissible trade-off, and therefore the RPD erred by not discharging its statutory obligation under s 162(2) of the IRPA to "deal with all proceedings before it as informally and quickly as the circumstances and the considerations of fairness and natural justice permit." [...] [24] The Applicants argue that the RAD erred in confirming the RPD’s assessment of the Applicants’ credibility because the RAD did not understand that breaches of procedural fairness undermined the entire hearing, and that the credibility arguments may have been different if procedural fairness was present.
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2,555.
Alvarez v. Canada (Public Safety and Emergency Preparedness) - 2022 FC 185 - 2022-02-11
Federal Court DecisionsHe also contends that the ID breached the rules of procedural fairness by approaching his file with bias and a closed mind. [...] Furthermore, in all respects, the member met the procedural fairness requirements in dealing with Mr. Alvarez’s application and did not exhibit any reprehensible form of bias. [...] Furthermore, in all respects, the ID met the procedural fairness requirements in dealing with Mr. Alvarez’s application and did not exhibit any reprehensible form of bias.
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2,556.
Ouellet v. The Queen - 2012 TCC 77 - 2012-03-23
Tax Court of Canada Judgments(i) the amount, if any, by which the fair market value of the property at the time it was transferred exceeds the fair market value at that time of the consideration given for the property, and [...] A person with whom the transferor was not dealing at arm’s length. (4) The fair market value of the property transferred must exceed the fair market value of the consideration given by the transferee. [...] The Supreme Court of Canada has had to deal with this issue on several occasions and has rarely conceded or recognized that the province of residence constituted an analogous ground of discrimination.
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2,557.
Amer v. Shaw Communications Canada Inc. - 2023 FCA 237 - 2023-12-05
Federal Court of Appeal DecisionsThere was no specific evidence that any Shaw staff had ever complained that she had not left documentation and that ... had given them difficulty dealing with a customer on a follow-up call. [...] A. Did the Federal Court Err on Procedural Fairness? [54] I turn first to assess the Federal Court’s findings on procedural fairness and conclude that it made a reviewable error in holding that a breach of procedural fairness occurred. [...] The respondent had been put to a good deal of legal expenses in prosecuting his complaint, and there had been lengthy delays.
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2,558.
Tazehkand v. Bank of Canada - 2020 FC 1193 - 2020-12-30
Federal Court DecisionsCommission 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 [...] A. Principles of natural justice and/or procedural fairness [20] The first issue raises an issue of procedural fairness. [...] This is the basis of his procedural fairness argument. [35] With respect there is no merit to the Applicant’s procedural fairness argument on the record in this case.
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2,559.
Koky v. Canada (Citizenship and Immigration) - 2015 FC 562 - 2015-04-29
Federal Court Decisions69. In the absence of a provision in these Rules dealing with a matter raised during the proceedings, the Division may do whatever is necessary to deal with the matter. [...] (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. [...] (a) immediately, if the claimant is present at the proceeding and the Division considers that it is fair to do so; or
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2,560.
Chelsea (Municipality) v. Canada (Attorney General) - 2023 FC 103 - 2023-01-23
Federal Court DecisionsFor the purpose of this analysis, I will deal with the Municipality’s claims involving the Panel together. [...] The Court found that this reasoning was inconsistent with the overall purpose of the PILT Act to deal equitably and fairly with municipalities in relation to PILTs. [...] [63] Furthermore, the Municipality contends that the decision is contrary to the objective of PILTs that federal authorities, in order to deal with municipalities fairly, should be considered as if they were required to pay tax as owners, citing Montreal Port Authority at paragraphs 42, 43, and 47.
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2,561.
Marentette v. Canada (Attorney General) - 2024 FC 676 - 2024-05-02
Federal Court DecisionsI need only deal with the first. V. Relevant legislative provisions [...] It is therefore important that steps be taken to mitigate the negative effects and to deal with the complaint quickly. [...] [90] The key questions on procedural fairness involve “fairness” in the sense understood by Canadian law, according to well-developed and understood principles.
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2,562.
Serrano Lemus v. Canada (Citizenship and Immigration) - 2011 FC 702 - 2011-06-15
Federal Court DecisionsThe Applicant argues that this is a matter of procedural fairness and not a matter of reasonableness. [...] The Board fairly sets out the relevant facts, it discusses the relevant law including cases relied upon by Applicant’s Counsel, it fairly sets out the Applicant’s argument, and clearly states its conclusion. [...] Applicant’s Counsel requested certification directed to consideration of mitigation in dealing with crimes committed long ago.
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2,563.
Drozdov v. Canada (Minister of Citizenship and Immigration) - 2000-09-14
Federal Court Decisions[5] I have considered as well whether or not the senior immigration officer breached the duty of fairness owed to Mr. Drozdov and his family. [...] Therefore, the senior immigration officer did not breach the duty of fairness by failing to put to Mr. Drozdov tentative conclusions the officer was drawing from the material. [...] 1. Whether the principles of procedural fairness require an immigration visa officer in dealing with a request for exemptions on humanitarian and compassionate grounds under s. 114(2) of the Immigration Act in a reasonable exercise of his discretion to pay close attention to the strong desire of the applicant and his wife
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2,564.
Delvee Re-Education Inc. v. Canada (Minister of National Revenue) - 1997-11-10
Federal Court of Appeal DecisionsWe are dealing here with the informal procedure. Section 18.15(4) of the Tax Court of Canada Act1 which, pursuant to Section 18.29(1)(b), applies to appeals arising under Part III of the Unemployment Insurance Act, provides the following: [...] In circumstances as the present ones, the Court will almost inevitably make rulings whose normality will escape the uniniated but which are nevertheless sound, just and fair. [...] [5] The applicant, in our view, was treated fairly by the Tax Court Judge.
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2,565.
Enye v. Canada (Public Safety and Emergency Preparedness) - 2021 FC 481 - 2021-05-21
Federal Court DecisionsInstead, she claims that her immigration predicament was caused by the incompetence of her immigration consultant and this gave rise to a breach of procedural fairness. [...] [6] The issue before the Court is one of procedural fairness that does not arise directly out of the decision-making process. [...] The Officer did not breach any duties of procedural fairness owed to Ms. Enye.
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2,566.
Zheng v. Canada (Citizenship and Immigration) - 2011 FC 1359 - 2011-11-25
Federal Court DecisionsAs I have found that there was a breach of procedural fairness requiring that the matter be returned for reconsideration, I do not consider it necessary to deal with the other issues. [...] [8] As the respondent submits, a breach of procedural fairness will not result in relief in each case. [...] [13] In the circumstances, I find that the Board’s reliance on the earlier document constituted a breach of procedural fairness.
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2,567.
Turner v. Canada (Attorney General) - 2005 FCA 184 - 2005-05-13
Federal Court of Appeal Decisions[4] The discrepancy in the loss allowed arises from the Minister's assumption that the seller of the property, International Resource Recovery Inc. (IRRI), and the purchaser (ITOLP) were not dealing at arm's length when the property was acquired, and the further assumption that the sale price was excessive. [...] He further held that the fair market value figure determined by the Minister had not been shown to be wrong. [...] [11] Finally, as no evidence was presented in these applications to question the fair market value ascribed by the Minister, the figure of $422,000 which was accepted by this Court in Chutka et al.
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2,568.
Harkat (Re) - 2003 FCT 520 - 2003-04-28
Federal Court Decisions[5] Counsel for the Ministers opposed the requested adjournment, although they fairly conceded that Mr. Harkat should be given the opportunity to engage new experts who could testify at a later date. [...] [6] In considering these submissions, I begin from the premise that the Act , in subsection 78(c), mandates the judge designated to hear the proceeding to deal with matters as "expeditiously as the circumstances and considerations of fairness and natural justice permit". [...] Indeed, counsel for Mr. Harkat fairly conceded in argument that if this was the only issue to have arisen he would not have sought an adjournment.
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2,569.
A.B. v. Canada (Citizenship and Immigration) - 2020 FC 203 - 2020-02-05
Federal Court DecisionsA. Did the Applicant receive procedural fairness? (a) Admissibility of Garson Affidavit [...] The failure to convoke an interview in these circumstances constituted a breach of procedural fairness. [...] For instance, Article 238 through 240 deals with musaheqeh, which is defined as an act “where a female person puts her sex organ on the sex organ of another person of the same sex”.
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2,570.
Chau v. Canada (Attorney General) - 2019 FC 1342 - 2019-10-29
Federal Court Decisions(c) a person with whom the person was not dealing at arm’s length, the following rules apply: [...] (i) the amount, if any, by which the fair market value of the property at the time it was transferred exceeds the fair market value at that time of the consideration given for the property, [...] f) retards excessifs pour régler une opposition ou un appel ou pour faire une vérification.
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2,571.
Allard v. Canadian Food Inspection Agency - 2012 FC 979 - 2012-08-10
Federal Court Decisionsb) Did the Committee breach its duty of procedural fairness by modifying the content of a work description? [...] [21] As to issues of procedural fairness, they are not part of an analysis based on a standard of review. [...] b) Did the Committee breach its duty of procedural fairness by modifying the content of a work description?
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2,572.
Lebedeva v. Canada (Citizenship and Immigration) - 2011 FC 1165 - 2011-10-14
Federal Court DecisionsI read the entire transcript of the hearing and I am satisfied that the applicant was not denied procedural fairness. [...] Therefore, I find that the allegation that the Board breached its duty of procedural fairness has no merit. [...] [56] Given my conclusion that the Court need not deal with the issues of procedural fairness that were raised for the first time at the hearing, questions 2 and 3 could not be determinative of the matter.
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2,573.
Rajadurai v. Canada (Citizenship and Immigration) - 2009 FC 119 - 2009-02-04
Federal Court DecisionsThe following reasons deal with both the Minister’s application for non-disclosure and with the merits of Mr. Rajadurai’s application for judicial review. [...] (a) the judge shall proceed as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit; [...] On the other hand, the first and second issues raised by the applicant clearly relate to procedural fairness.
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2,574.
Armenti v. The Queen - 2007 TCC 389 - 2007-08-21
Tax Court of Canada Judgments(c) a person with whom the person was not dealing at arm's length, the following rules apply: [...] (i) the amount, if any, by which the fair market value of the property at the time it was transferred exceeds the fair market value at that time of the consideration given for the property, and [...] [19] Therefore, in the present case, there was a transfer of $5,000 from the father to the son, two people not dealing at arm's length.
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2,575.
Main Rehabilitation Co. Ltd. v. The Queen - 2003 TCC 454 - 2003-12-17
Tax Court of Canada Judgments(a) may prejudice or delay the fair hearing of the action, (b) is scandalous, frivolous or vexatious, or [...] A stay should be granted where "compelling an accused to stand trial would violate those fundamental principles of justice which underlie the community's sense of fair play and decency", or where the proceedings are "oppressive or vexatious" ([1985] 2 S.C.R. at pp. 136-37). [...] c) it was managed by a supervisor related to a municipal inspector who had dealings with directors, officers and employees, as well as being a friend of the disgruntled shareholders set out in (a) above, of the Appellant;