11,312 result(s)
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2,601.
Ibid v. Canada (Immigration, Refugees and Citizenship) - 2019 FC 359 - 2019-03-22
Federal Court DecisionsI do this in fairness to both the Respondent and to the other Applicants. [...] [29] The Respondent raised three preliminary issues, which I will deal with now. [...] I will not consider the issue of fettering although I will deal with some aspects of it in the course of dealing with the remaining two issues.
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2,602.
Andoni v. Canada (Citizenship and Immigration) - 2012 FC 516 - 2012-05-03
Federal Court DecisionsIts failure to do either breached his right to procedural fairness. Blood from the Ear [...] Reasons must address the major points in issue and deal fully with a claimant’s allegations. [...] Judicial review only deals with the record before the decision maker.
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2,603.
Canada Revenue Agency v. McConnell - 2009 FC 851 - 2009-08-27
Federal Court Decisions10. The impugned decision not to deal with the applicant's complaint is reviewable on the reasonableness standard: Khanna v. Canada (Attorney General), 2008 FC 576, [2008] F.C.J. No. 733 (QL), at paragraph 24. [...] [...] 13. In this regard, reasons for a decision ensure a "fair and transparent decision-making", reduce "to a considerable degree the chances of arbitrary or capricious decisions", reinforce "public confidence in the judgment and fairness of administrative tribunals" and "foster better decision making by ensuring that [...] . . . 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
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2,604.
Biovail Corporation v. Canada (Health) - 2008 FC 1162 - 2008-10-15
Federal Court Decisions2. fixing a schedule for filing evidence, conducting cross-examination and dealing with any other matters such as section 6(5) motions; [...] [11] In the developing line of cases dealing with the reversal of evidence, the principles noted above have been applied. [...] I am satisfied that full reversal on issues of invalidity, in the circumstances of this case, is fair, and will result in a trimmer and more expeditious proceeding.
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2,605.
Canada (Attorney General) v. Pépin - 2006 FC 950 - 2006-08-03
Federal Court DecisionsBecause the respondent did not apply for the position of Team Leader, it is not necessary to deal with this point. [...] à un concours interne, tout candidat non reçu peut, dans le délai fixé par règlement de la Commission, en appeler de la nomination devant un comité chargé par elle de faire une enquête, au cours de laquelle l’appelant et l’administrateur général en cause, ou leurs représentants, ont l’occasion de se faire entendre [...] This principle has been reiterated so often that it would be pointless for me to deal with it at any length.
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2,606.
Tupper v. M.N.R. - 2000-02-11
Tax Court of Canada Judgments"Paragraph 3(2)(c) of the Unemployment Insurance Act/5(2)(i) of the Employment Insurance Act states that employment where the worker and the payor are not dealing at arm’s length (i.e. they are related), is excepted employment (i.e. not insurable). [...] [12] Section 18 of the Tax Court of Canada Act deals with the Informal Procedure for appeals under the Income Tax Act and subsection 18.29(1) inter alia makes subsection 18.15(4) applicable to Part IV of the Employment Insurance Act under which an appeal to this Court is authorized. [...] [13] In the exercise of its jurisdiction, where the Informal Procedure is utilized the Court must be careful to make certain that the rights of the Appellant to a fair and impartial hearing are not violated.
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2,607.
Kokai-Kuun Estate v. The Queen - 2015 TCC 217 - 2015-08-31
Tax Court of Canada Judgments[67] Despite this, no application was made by the appellant to the Minister under the fairness relief provisions. [...] (ii) to a person with whom the taxpayer was dealing at arm’s length of any property that is [...] We are dealing with money loaned to the Companies recorded in the shareholder loan accounts.
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2,608.
Hothi v. M.N.R. - 2001-06-29
Tax Court of Canada JudgmentsIf it is a substantially similar contract of employment, Parliament has deemed it to be only fair that it should be included in the scheme. [...] [61] Subsection 93(3) of the EI Act deals with appeals to and the determination of questions by the Minister. [...] [24] The Minister accepts that the remuneration was fair and reasonable and that the issue of the potential applicability of overtime pay was not relevant.
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2,609.
Easton v. Canada (Revenue Agency) - 2017 FC 113 - 2017-01-31
Federal Court Decisions(1) In its assessment of Mr. Easton’s 2010 tax return, and in subsequent dealings with the taxpayer regarding payment arrangements, did the CRA act fairly and with due care towards the taxpayer? [...] - In its assessment of Mr. Easton’s 2010 tax return, and in subsequent dealings with the taxpayer regarding payment arrangements, did the CRA act fairly and with due care towards the taxpayer? [...] (iii) is made as a consequence of a transaction involving the taxpayer and a non-resident person with whom the taxpayer was not dealing at arm’s length,
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2,610.
Highland Roofing Ltd. v. M.N.R. - 1998-10-16
Tax Court of Canada Judgments(i) employment if the employer and employee are not dealing with each other at arm's length. [...] (a) related persons shall be deemed not to deal with each other at arm's length; and [...] Hence, the Court believes that one can fairly conclude that the Parties, the Appellant and Wentland, did not act in concert and therefore were at arm's length.
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2,611.
Huang v. M.N.R. - 2009 TCC 35 - 2009-01-26
Tax Court of Canada JudgmentsIn her opinion, that wage was fair because she did not require any training or learning on-the-job in view of her marketing experience which included attending various trade shows. [...] In her submission, the salary of about $15.00 per hour was reasonable bearing in mind her previous experience with marketing, advertising, trade fairs and website design and her familiarity with office procedure. [...] ... (i) employment if the employer and employee are not dealing with each other at arm's length.
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2,612.
Gill v. Canada (Citizenship and Immigration) - 2021 FC 841 - 2021-08-13
Federal Court Decisions[11] The Applicant argues that the Officer failed to reasonably consider the response she provided to the procedural fairness letter. [...] [15] Additionally, although the Applicant relies upon the WES letter as evidence of her Master's degree, the WES letter deals with educational equivalency and does not respond to the direct evidence from the University Registrar regarding its degree-conferring status for the Applicant's program. [...] [17] The procedural fairness owed by the Visa Officer is on the low end of the spectrum.
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2,613.
Bouchard v. Canada (Attorney General) - 2018 FC 512 - 2018-05-15
Federal Court DecisionsI am denying his application, because the process was fair and complied with the applicable rules and the decision to convict him was reasonable. [...] Whether the duty of procedural fairness has been fulfilled is “a legal question for the Court to answer” (Canadian Pacific at para 46). [...] [11] Mr. Bouchard argues that fairness required the video recording of the fight to be played before the Chairperson.
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2,614.
Merino Ortega v. Canada (Public Safety and Emergency Preparedness) - 2018 FC 468 - 2018-05-01
Federal Court DecisionsI am denying his application, as the decision-maker complied with the requirements of procedural fairness laid out by the Federal Court of Appeal and there were no legitimate expectations that the decision-maker would go beyond those requirements. [...] [11] Second, he cites a phone call between his lawyer and a CBSA Officer, on October 10, 2017, apparently to deal with conflicting scheduling instructions. [...] [13] Thus, Mr. Merino Ortega was afforded procedural fairness when the Minister’s delegate made the decision under review.
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2,615.
Mak v. Canada (Citizenship and Immigration) - 1997-04-04
Federal Court DecisionsThe only issue in this application is whether the visa officer failed to properly assess the applicant's application thereby breaching the duty of procedural fairness. [...] There are several sections in the Immigration Act and in the Immigration Regulations dealing with "entrepreneurs". [...] Rothstein J. further stated that the visa officer must question the applicant specifically on each of the criteria separately, and failure to do so results in a breach of procedural fairness.
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2,616.
Govereau v. Canada - 1998-05-04
Federal Court Decisions[5] The Plaintiff says this denial of a means to visit constitutes breaches of Charter rights, the Corrections and Conditions Release Act and fair play. [...] Paragraphs 1, 2 and 6 of the section dealing with relief sought shall be deleted from the amended statement of claim. [...] __________________ 1 In the present instance the Defendant's motion relies, inter alia , on Rules 401 and 419, the former dealing with conditional appearances where jurisdiction is to be challenged and the latter dealing, among other things, with striking out a pleading for want of a reasonable cause of action.
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2,617.
Hagos v. Canada (Attorney General) - 2015 FCA 83 - 2015-03-25
Federal Court of Appeal DecisionsOn June 13, 2012, after considering the Report, the original complaint, and all the parties’ submissions, the Commission decided not to deal with the complaint as recommended by the Report. [...] ... [...] 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 [...] [10] In this appeal the appellants are not appealing the judge’s finding that the Commission was not biased and that its process was procedurally fair.
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2,618.
Glaxo Group Ltd. v. Canada (Minister National Heath and Welfare) - 1998-03-25
Federal Court DecisionsIn the instant case, we are not dealing with procedural regulations per se. [...] More important still it does not say that everything in the Regulations deals with vested rights. [...] Furthermore, there is nothing retrospective whatever about the provision that I have to deal with.
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2,619.
Achola v. Canada (Citizenship and Immigration) - 2024 FC 888 - 2024-06-11
Federal Court Decisions[9] With respect to issues of procedural fairness, the standard of review is not deferential. [...] A. Did the RAD reach its decision fairly? Allegations against former counsel [...] [10] The Applicant submits that she had raised a breach of procedural fairness argument at the RAD with respect to the incompetence of her counsel at the RPD. The Applicant argues that the RAD’s dismissal of that issue amounts to a breach of procedural fairness.
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2,620.
Loyens v. The Queen - 2003 TCC 214 - 2003-04-04
Tax Court of Canada JudgmentsArdshell was the successful bidder but the vendor backed out of the deal. [...] The fair market value of the property is $500,000 each and there is $166,667 loan outstanding ($333,333 in total). [...] After these individuals struck the deal they contacted their tax advisor.
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2,621.
Animasaun v. Canada (Citizenship and Immigration) - 2021 FC 1090 - 2021-10-15
Federal Court Decisions[6] Any issues of procedural fairness are reviewable upon the standard of correctness; see the decision in Canada (Citizenship and Immigration) v. Khosa, [2009] 1 S.C.R. 339 at paragraph 43. [...] [9] The Minister of Citizenship and Immigration (the “Respondent”) argues that the decision meets the standard of reasonableness and that there was no breach of procedural fairness. [...] [10] I will first address the allegation that the RAD breached procedural fairness by dealing with the issue of credibility without providing the Applicants the opportunity to respond.
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2,622.
Zhang v. Canada (Citizenship and Immigration) - 2014 FC 882 - 2014-09-18
Federal Court Decisions(a) immediately, if the claimant is present at the hearing and the Division considers that it is fair to do so; or [...] a) sur-le-champ, dans le cas où il est présent à l’audience et où la Section juge qu’il est équitable de le faire; [...] In order to attain that objective, Parliament has entrusted the RPD with the task of dealing with any proceeding before it “informally and quickly as the circumstances and the considerations of fairness and natural justice permit” (s 162(2) of the Act).
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2,623.
Gamblin v. Norway House Cree Nation Band - 2000-12-18
Federal Court DecisionsThe BCR was proclaimed as a means by which the Band Council could deal with the problem of illegal drug use and bootlegging on the Norway House Cree Nation Reserve (the reserve). [...] To Deal With Illegal Drugs and Bootlegging Whereas, it is the position and vision of the Norway House Cree Nation to pursue positive plans, programs, initiatives, and developments, and make improvements and changes for a healthy community, [...] Duty of Fairness [26] If a duty of fairness exists in this situation, it is the position of the respondent that it was met.
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2,624.
Canadian Doctors for Refugee Care v. Canada (Attorney general) - 2014 FC 651 - 2014-07-04
Federal Court Decisions(b) Fairness to Canadians.............................................. [...] [915] Dealing with the respondents’ first “fairness” argument, Ms. Le Bris’ affidavit explains that “[o]ne of the key underlying principles of the policy reform was to put in place a program that provided coverage that was not more generous than benefits received by Canadians”: at para. 50. [...] (b) Fairness to Canadians [946] The second objective of the 2012 changes to the IFHP identified by the respondents is “fairness to Canadians”.
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2,625.
Saipem UK Limited v. The Queen - 2011 TCC 25 - 2011-01-14
Tax Court of Canada Judgments[42] It is relevant and fair to say that there are no Canadian decisions on the application of a non-discrimination provision in a tax treaty. [...] What subsection 88(1.1) deals with is with the inter-corporate transfer of losses which [is] a completely different thing than if you're looking at what you're taxing a permanent establishment. [...] You're dealing with the inter-corporate losses of the enterprise, if you want, of the corporation within which the permanent establishment is found.