11,312 result(s)
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2,576.
Profac Facilities Management Services v. FM One Alliance Corp. - 2001 FCA 352 - 2001-11-20
Federal Court of Appeal Decisions[20] First, in regulating the fairness and propriety of the procurement process in order to ensure compliance by government institutions with the relevant trade regime, the Tribunal is performing an exercise of considerable legal, factual and business complexity, in which it has extensive experience. [...] [23] The applicants argued that, since no provision of NAFTA deals with contractual renewals, the Tribunal's expertise in trade law was not relevant to the basis on which it decided FM One's complaint. [...] Indeed, on a fair reading of the reasons for decision, the Tribunal related its conclusion to the need for Canada Post to comply with NAFTA obligations.
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2,577.
Andersen Consulting v. Canada - 2001-01-19
Federal Court Decisions4. (1) Sous réserve des autres dispositions de la présente loi mais nonobstant toute autre loi fédérale, ont droit à l'accès aux documents relevant d'une institution fédérale et peuvent se les faire communiquer sur demande: [...] [17] More important, the cases under the Access to Information Act do not deal with a situation where the law itself imposes a condition upon the government institution which receives a document. [...] Lawyers for the Crown do not have the option of refusing to give the implied undertaking : by accepting the documents they are bound towards the Court to deal with them only in the way permitted by the undertaking.
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2,578.
Nash v. Sanjel Cementers Ltd. - 1999-09-09
Federal Court Decisions[4] In any event, this is not an easy area with which to deal. All that one can do is exercise discretion as to the Court"s process, consider the issue of who may attend and then direct or order what seems most just and most fair. [...] Directions do not deal with an issue, but rather with the conduct of a proceeding or a step in a proceeding: see the comment of Roger Hughes, Q.C. on Rule 54 in 1998-99 Annotated Federal Court Act and Rules , Butterworths, 1948. [...] Finally, the discovery process must be fair to both sides. [24] To accomplish these ends, counsel may wish to bring to the discovery a resource person, a specialist, or an expert assistant in some relevant area.
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2,579.
Mil Davie Inc. v. Société d'Exploitation et de Développement d'Hibernia Ltée - 1998-05-07
Federal Court of Appeal DecisionsFinally, these paragraphs also refer to the Board's finding that there is an inextricable linkage between the Respondent's failure to provide full and fair opportunity to the Appellant and the Respondent not informing the Board in a timely manner. [...] Because of my finding concerning section 45 of the [Competition] Act, I need not deal with the defendant's submissions concerning subsection 17(6) of the Federal Court Act and section 4 of the Federal Accord Act. [...] [13] This Court must now deal with this argument, since the Respondent has raised it again and submits that had the Trial Judge dealt with these issues, he would have had to stay the plaintiff"s action on this basis.
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2,580.
Siemens Westinghouse Inc. v. Canada (Minister of Public Works and Government Services) - 2001 FCA 241 - 2001-07-24
Federal Court of Appeal DecisionsMr. Justice Major, on behalf of the Supreme Court, has recently re-examined and applied these principles to a CITT decision dealing with the Customs Act (See Mattel Canada Inc. v. The Queen et al. 2001 SCC 36, [2001] S.C.J. No. 37 at para. 24). [...] I will deal with each issue in turn. (a) Jurisdiction of CITT to Enforce Prior Procurement Decisions [...] It is noteworthy that the CITT nonetheless addressed the fairness aspect of the decision to withhold the Fleetway proposal from re-evaluation.
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2,581.
Dreaver v. The Queen - 2008 TCC 39 - 2008-01-22
Tax Court of Canada JudgmentsIt concerns the deductibility of expenses incurred by the Appellant in his efforts to write two books dealing with the environment. [...] Even examples of ignoring Revenue Depts own stated ‘Fairness Provisions’ in some cases. [...] In fairness, he cannot be criticized for not knowing how to present a tax appeal.
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2,582.
Dreaver v. The Queen - 2007 TCC 758 - 2008-01-10
Tax Court of Canada JudgmentsIt concerns the deductibility of expenses incurred by the Appellant in his efforts to write two books dealing with the environment. [...] Even examples of ignoring Revenue Depts own stated ‘Fairness Provisions’ in some cases. [...] In fairness, he cannot be criticized for not knowing how to present a tax appeal.
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2,583.
Khota v. Canada (Human Resources Development) - 2007 FC 805 - 2007-07-31
Federal Court Decisions(iii) Was there a breach of the requirement of procedural fairness because the Decision failed to include adequate reasons? [...] [13] Subsection 84(2) of the CPP deals with new fact evidence. It says: [...] In the absence of reasons dealing with these issues, the Decision is inadequate.
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2,584.
Lépine v. Bank of Nova Scotia - 2006 FC 1455 - 2006-11-30
Federal Court DecisionsAccording to the information received, a client’s profile contains information about all dealings with the Bank: account numbers and balances, credit cards, mortgage, etc. [...] Moreover, the question must be a fair question in the sense of evincing a bona fide intention directed to these ends, rather than being something in the nature of a fishing expedition. [...] [18] As noted by my colleague Tabib as follows in Autodata Ltd. v. Autodata Solutions Co., [2004] F.C.J. No 1653, an application for judicial review is governed by a fairly narrow framework:
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2,585.
Moore v. Canada - 2005 FC 352 - 2005-03-11
Federal Court DecisionsI will deal with each of these conclusions in turn. 1. Extension of limitation date [...] _ Ultimately it boils down to a consideration of simple fairness, common sense and the interest that the courts have that justice be done (para. 12). [...] [19] As stated by Prothonotary Hargrave in Fox Lake, atpara. 12, "Ultimately it boils down to a consideration of simple fairness, common sense and the interest that the courts have that justice be done".
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2,586.
Fenanir v. Canada (Minister of Citizenship and Immigration) - 2005 FC 150 - 2005-02-07
Federal Court DecisionsWould he think that it is more likely than not that [the decision-maker], whether consciously or unconsciously, would not decide fairly." [...] 162 (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. [...] One must however act with a great deal of dignity and respect so as not to undermine the administration of justice.
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2,587.
Sarai v. The Queen - 2001-09-10
Tax Court of Canada Judgmentso) at all material times, the Partnership was not dealing at arm's length with the Purchasers; [...] p) the Partnership was required to collect GST on the fair market value of the Property; [...] q) the fair market value of the House and Property at the time of disposition was not less than $300,600;
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2,588.
Boudreault v. Canada (Human Rights Commission) - 1997-12-23
Federal Court DecisionsOn November 15, 1993 the Commission decided not to deal with the complaint on the ground that it was prescribed. [...] Despite its decision not to deal with the complaint, the Commission decided to reconsider the applicant's case. [...] We are all of the view that the Commission fully complied with its duty of fairness to the complainant when it gave her the investigator"s report, provided her with full opportunity to respond to it, and considered that response before reaching its decision.
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2,589.
Voltage Pictures, LLC v. Salna - 2023 FC 893 - 2023-06-26
Federal Court Decisionsi. would fairly and adequately represent the interests of the class, [...] [35] Voltage therefore argues that its case for certification should not be limited to a Respondent Class of under 1,000 persons, but should encompass a much larger class size “given the precedential nature of this motion and to be fair to the Court and the other parties (such as the ISP Interveners) who would need to deal [...] • (b)advancing legal or factual positions on the common issues trial that may not pertain to Mr. Salna’s personal circumstances for the benefit of the class (for example, Voltage’s proposed “common issue” of whether fair dealing is a defence); and
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2,590.
David v. Canada (Attorney General) - 2014 FC 358 - 2014-04-14
Federal Court DecisionsInstead the issue is the content of the duty of procedural fairness in the circumstances. [...] [62] Fairness, on the other hand, deals with the procedure followed in allowing parties to participate in the process or with the characteristics of neutrality of the decision-maker. [...] In terms, therefore, of a claim of discrimination being made against the Forces and its officers who were running the CIMIC program in Ontario, the Court is not put on a heightened alert of dealing with a history of discrimination against Romanians such as with regard to race, religion or gender.
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2,591.
Antle v. The Queen - 2009 TCC 465 - 2009-09-18
Tax Court of Canada JudgmentsIndeed, in mid-November, Mr. Antle believed that due to Stratos’ position, the deal with MI was dead. [...] (v) Does subsection 69(11) of the Act apply to deem Mr. Antle to have disposed of the shares at fair market value? [...] Mr. Antle had taken care of that in his dealings with Mr. Wood of Stratos.
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2,592.
Shirambere v. Canada (Public Safety and Emergency Preparedness) - 2017 FC 602 - 2017-06-16
Federal Court DecisionsHere again, the applicant claims that procedural fairness was breached. [...] [49] That is sufficient to deal with the application for judicial review. [...] Since the applicant spent a great deal of time on what he described as breaches of procedural fairness, I will make a few comments.
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2,593.
Worthington v. Canada (Citizenship and Immigration) - 2008 FC 626 - 2008-05-21
Federal Court DecisionsThe Court should refrain from dealing with Charter issues raised in an application for judicial review where it is unnecessary to do so (Baker, above). [...] [42] Questions of procedural fairness are reviewable on a standard of correctness. [...] As such, I believe that procedural fairness was not breached on this ground.
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2,594.
Akinbile v. Canada (Immigration, Refugees and Citizenship) - 2017 FC 255 - 2017-03-02
Federal Court DecisionsThe fairness letter sent to Mr. Akinbile advised him of that concern, and he was given a full and fair opportunity to respond to it. [...] It is clear from this that Mr. Akinbile was aware that the same visa officer was dealing with the two applications, and that the officer had concerns with respect to the authenticity of the employment letters provided by the two individuals. [...] In these circumstances, there has been no breach of procedural fairness.
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2,595.
Paris v. Syndicat des employés de Transports R.M.T. (Unifor-Quebec) - 2022 FCA 173 - 2022-10-14
Federal Court of Appeal DecisionsIn matters of procedural fairness, the role of this Court is to determine whether the proceedings are fair having regard to all the circumstances (Canadian Pacific Railway Company v. Canada (Attorney General), 2018 FCA 69 at paras. 54 to 56). [...] But allegations of a breach of procedural fairness are not sufficient; the breach must also be demonstrated. [...] It noted that its role when dealing with a complaint alleging a breach of the duty of fair representation is to examine the Union’s conduct and ensure that the Union did not act in a manner that was arbitrary, discriminatory or in bad faith in its representation of an employee.
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2,596.
Khan v. Canada (Citizenship and Immigration) - 2015 FC 503 - 2015-04-20
Federal Court Decisions[10] The Respondent, in reply, argues that it met the obligations of procedural fairness. [...] Ensuring that each notice is received would impose a considerable burden on CIC, and would negatively impact the ability of the Department to deal with applications expeditiously. [...] In my view, this is not sufficient to establish a breach of procedural fairness.
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2,597.
B.R.E.S.T. Transportation Ltd. v. Noon - 2009 FC 630 - 2009-06-12
Federal Court Decisions18. I do not think that the Adjudicator treated me fairly during the hearing. [...] II. Procedural Fairness [5] The standard of review for issues of procedural fairness is correctness: see Sketchley v. Canada (Attorney General), 2005 FCA 404, [2005] F.C.J. No. 2056. [...] Mr. Redpath was clearly negligent in failing to attend the scheduled hearing and an adjudicator enjoys wide discretion in dealing with such procedural matters.
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2,598.
North Shore Health Region v. The Queen - 2006 TCC 585 - 2006-10-24
Tax Court of Canada JudgmentsPart 2 deals only with private hospitals, and Part 2.1 is not relevant to the present case. [...] The Hospital Act does not anywhere define a "public hospital", but in Part 2 it deals with private hospitals, and it contains this definition: [...] Sections 24 and paragraph 29(2)(a) deal with out of province services and so are not relevant.
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2,599.
236130 British Columbia Ltd. v. The Queen - 2005 TCC 770 - 2005-12-08
Tax Court of Canada JudgmentsQ Fair enough, fair enough but they had all three addresses in front of them? [...] Is there a system, of which you are aware, that deals with return mail that is time sensitive? [...] Ellis said that she was not aware of any system dealing with returned mail that is time sensitive[2].
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2,600.
Preston Family Trust II v. The Queen - 2021 TCC 79 - 2021-11-15
Tax Court of Canada JudgmentsFor this reason, the use of a Corporate Beneficiary may have appeal even when dealing with a distribution to an Individual Beneficiary who is a Canadian resident. [...] (a) may prejudice or delay the fair hearing of the appeal; (b) is scandalous, frivolous or vexatious; [...] These definitions are equally applicable to "fair market value" and "market value" and it is doubtful if the use of the word "fair" adds anything to the words "market value".