11,312 result(s)
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2,676.
Kiefer v. The Queen - 2008 TCC 290 - 2008-05-22
Tax Court of Canada JudgmentsWhat is before me is what is referred to in the Reply, and that is what we are dealing with, spousal support. [...] It is not open to the Court to make exceptions to statutory provisions on the grounds of fairness or equity. [...] This Court has no jurisdiction to deal with that, at this stage, anyway, as the law is now.
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2,677.
Lorraine Mullin Executrix of the Estate of Audrey MacDonald v. The Queen - 2004 TCC 333 - 2004-05-10
Tax Court of Canada Judgments"total charitable gifts" of an individual for a taxation year means the total of all amounts each of which is the fair market value of a gift (other than a gift the fair market value of which is included in the total Crown gifts, the total cultural gifts or the total ecological gifts of the individual for the year) made by [...] ... ...I can find nothing in the judgments delivered in the Court of Appeal at variance with the statement of Tomlin J. that a person cannot be fixed with a trust, because by vow or otherwise, he is under some obligation of conscience carrying no legal sanction to deal with what he receives in a particular way. ... [...] ... There is, I think, no doubt that if the Reverend Father Bruck had survived the testatrix he would have used all of her estate either for the Orphanage or for other equally worthy objects and would have retained nothing whatever for himself; but, in my opinion, no obligation to so deal with the state was imposed upon him
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2,678.
Lapierre v. Canada (Attorney General) - 2003 FCT 545 - 2003-05-02
Federal Court DecisionsIn Forrest v. Canada (Attorney General), 2002 F.C.T. 539, [2002] F.C.J. No. 713 (QL), Kelen J. summed up the previous decisions of this Court dealing with the standard of review applicable to decisions by a disciplinary court in a penitentiary. [...] As well, the role of the Court on judicial review is to determine if the Disciplinary Court had evidence and a reasonable basis on which to make its decision, and to ensure that the Disciplinary Court did not err in law or fail to observe a principle of natural justice or procedural fairness in making its decision. [...] [21] I am satisfied that the tribunal's decision was reasonably based on the evidence and that the tribunal did not make an error of law or fail to observe a rule of natural justice or procedural fairness in making its decision.
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2,679.
Splinter v. The Queen - 2001-05-07
Tax Court of Canada Judgments"(c) at the time of transfer, the fair market value of the property was not less than $24,000.00". [...] "(d) at the time of transfer, the fair market value of the consideration given by the Appellant for the property was $1.00;" [...] All that is required is that the husband should so deal with the property as to divest himself of it and vest it in his wife, that is to say, pass the property from himself to her.
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2,680.
Woollard v. Canadian Pacific Railway Company - 2008 FCA 43 - 2008-02-04
Federal Court of Appeal Decisions[6] There being no appeal with respect to the additional direction of the Appeals Officer in relation to section 10.4, this appeal proceeds on the basis that there was a breach of CPR’s right to procedural fairness with respect to the additional direction issued by the Appeals Officer. [...] [7] As a preliminary issue before us, CPR argues that it is not possible to isolate the portion of Beaudry J.’s decision dealing with the breach of procedural fairness and that ultimately the breach of procedural fairness permeated the entire decision of the Appeals Officer. [...] [10] In the circumstances, the finding of the Appeals Officer with respect to section 9.44 is so closely linked to his finding with respect to section 10.4, that the setting aside of the latter for breach of procedural fairness puts in doubt the finding with respect to the former.
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2,681.
Mugu v. Canada (Citizenship and Immigration) - 2009 FC 384 - 2009-04-16
Federal Court DecisionsBreach of Fairness [41] The Applicant submits that there was a breach of procedural fairness in the present case for the following reasons: [...] Procedural fairness letter sent to the applicant today, copy kept on file. [...] [86] The Applicant points to section 9 of the Respondent’s own manual, ENF 2/OP, which deals with misrepresentation in the context of inadmissibility.
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2,682.
Cyr v. Batchewana First Nation of Ojibways - 2022 FCA 90 - 2022-05-24
Federal Court of Appeal DecisionsD. Was the Applicant denied procedural fairness? E. Was the decision of the [Batchewana First Nation of Ojibways] reasonable? [...] The Federal Court Judge considered jurisprudence dealing with the jurisdiction of the Court in cases involving evictions from Band housing (Decision at paras. 36-39). [...] [25] The Decision under appeal deals with a question of law: does the Federal Court have jurisdiction to hear the judicial review?
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2,683.
Vieira v. Canada (Public Safety and Emergency Preparedness) - 2007 FC 626 - 2007-06-14
Federal Court Decisions• [19] Removal Officers’ decisions should be accorded a great deal of deference. [...] (The exception is Medawatte, above, and that is an immigration case which deals with solicitor negligence in a very different context than the present one, as discussed in paragraphs 27 to 33 inclusively.) [...] This is not simply a question of administrative convenience, but implicates the integrity and fairness of, and public confidence in, Canada 's system of immigration control.
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2,684.
Harkat (Re) - 2010 FC 1243 - 2010-12-09
Federal Court DecisionsThe redactions were necessary since a good number of documents did not only deal with Mr. Harkat, but with other matters that were not related to the case. [...] NORO deals directly with supervision of the conditions, outings, visitors. [...] [135] Recently, a letter dated August 30, 2010 from Mr. Michael Pierce, Ministers’ counsel dealing with solicitor-client matters, updated the situation.
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2,685.
Richter v. Canada (Public Safety and Emergency Preparedness) - 2009 FCA 73 - 2009-03-10
Federal Court of Appeal DecisionsIs there a greater duty of fairness required of immigration officers preparing a subsection 44(1) report and the Minister in referring the report when dealing with persons in custody? [...] [5] The appellant's main grievances about the impugned judgment are premised upon her argument that she was denied procedural fairness throughout the immigration proceedings. [...] He also dismissed Ms. Richter’s submission that she was entitled to a greater duty of fairness due to her incarceration.
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2,686.
Kandiah v. Canada (Citizenship and Immigration) - 2014 FC 509 - 2014-05-27
Federal Court Decisions[9] Consequently, a procedural fairness letter was sent to Mr. Kandiah on September 26, 2012. [...] [10] The visa officer indicated in his letter that if Mr. Kandiah wanted to pursue his application, then steps would be taken to deal with the admissibility issue. [...] [27] In these circumstances, I have not been persuaded that there has been a denial of procedural fairness in this matter.
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2,687.
Beardy v. Beardy - 2016 FC 383 - 2016-04-07
Federal Court DecisionsFor example, in the Respondents’ version the section dealing with Removal of Leaders in Office contains five sections while the Applicants’ version contains only the first three. [...] [138] I conclude that the duty of fairness was breached in this case. [...] Nothing in the 2005 Code speaks to the striking of an Election Committee and its stated role is defined as dealing with election appeals.
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2,688.
Samatar v. Canada (Attorney General) - 2012 FC 1263 - 2012-10-31
Federal Court Decisionsa) révoquer la nomination ou ne pas faire la nomination, selon le cas; [...] They have a difficult and important task to accomplish and, at times, have to deal with difficult “clients”. [...] 2. The Commission breached its duty of fairness owed to the applicant;
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2,689.
Lubaki v. Bank of Montreal - 2020 FC 526 - 2020-04-16
Federal Court DecisionsEvaluating 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). [...] [61] In keeping with the general approach of the Applicant’s submissions, he does not state the reviewable error the Investigator committed in dealing with this issue. [...] [87] The Report deals with this matter fully: 37. The complainant states that he was placed on a corrective action in July 2015.
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2,690.
Rowat v. Canada (Information Commissioner) - 2000-06-09
Federal Court Decisions(1)b), le Commissaire à l'information ne peut faire son compte rendu qu'après l'expiration du délai imparti au responsable de l'institution fédérale. [...] (4) Le Commissaire à l'information est réputé faire partie de l'administration publique fédérale pour l'application de la Loi sur [...] d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;
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2,691.
Asemebo v. Canada (Citizenship and Immigration) - 2024 FC 937 - 2024-06-18
Federal Court DecisionsSection 216(1)(b) of the Immigration and Refugee Protection Regulations, SOR/2002-227 [IRPR] deals with applications for study permits. [...] While an oral hearing was not required, the Applicant states a procedural fairness letter should have been provided. [...] I do not agree with the Applicant that there was a breach of procedural fairness.
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2,692.
Price v. Canada (Attorney General) - 2015 FC 696 - 2015-06-01
Federal Court DecisionsJustice Gleason found that the Public Service Labour Relations Board lacked jurisdiction to deal with the Applicant’s complaint about breaches of procedural fairness, and that it had not erred in determining that the grievance was not justiciable; see the decision in Richard Tudor Price v. Treasury Board [...] [33] In my opinion, the Applicant’s submissions about a breach of procedural fairness are well-founded. [...] The non-disclosure amounts to a breach of his rights to procedural fairness and is a reviewable error.
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2,693.
Artica Vila v. Canada (Citizenship and Immigration) - 2008 FC 627 - 2008-05-21
Federal Court DecisionsThe basis of the challenge to this finding is three questions of procedural fairness. [...] I am satisfied that the officer breached procedural fairness in this regard. [...] [14] I need not deal with the other issue raised by the applicant. [15] The application for judicial review is therefore allowed and the matter is remitted for reconsideration before a different officer.
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2,694.
Charlottetown Bottle and Metals Ltd. v. Canada (Minister of National Revenue) - 2005 FC 1626 - 2005-11-30
Federal Court Decisions[10] The Respondent denied this second fairness request on September 13, 2004. [...] Procedural Fairness [14] The thrust of the Applicant's submission is that the fairness decision process is akin to a quasi-judicial process with the full trappings of notice, oral hearing, and evidentiary procedures as if there was a dispute being determined. [...] [30] In the end the Minister had to deal with a discretionary remedy.
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2,695.
McLaren v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 373 - 2001-04-23
Federal Court Decisions• Whether an agency's choice of procedure suggested a particular level of fairness. [...] The values underlying the duty of procedural fairness relate to the principle that the individual or individuals affected should have the opportunity to present their case fully and fairly, and have decisions affecting their rights, interests, or privileges made using a fair, impartial, and open process, appropriate to the [...] As well, dealing with the third issue, I have concluded that the minimal duty of fairness does not extend to the disclosure of interdepartmental correspondence relevant to a request for a reconsideration.
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2,696.
Nicholas v. Environmental Systems (International) Limited - 2010 FC 741 - 2010-07-12
Federal Court Decisions[17] My review of the evidence suggests the following limited dealings with the Report by the Defendants: [...] [30] Mr. Vollmer says he needed the Report for fairly obvious reasons: [...] The Plaintiff did not assign his copyright in the Report but he cannot now say he did not consent to the uses of the Report made by Mr. Cook and Mr. Reif in their dealings to find investors and/or arrive at a deal for the ESIL patent portfolio.
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2,697.
Anderson v. Canada (Customs and Revenue Agency) - 2003 FCT 667 - 2003-05-29
Federal Court DecisionsThe third stage deals with the placement of one or more qualified persons. [...] [46] Procedural fairness requires a meaningful opportunity to present relevant facts and to have one's position fully and fairly considered by the decision-maker. [...] (2) No collective agreement may deal with matters governed by the staffing program.
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2,698.
Sivak v. Canada - 2012 FC 272 - 2012-02-28
Federal Court Decisions• [17] These basic principles have acquired a fairly heavy gloss of case law over the years as the Court has applied them to particular sets of pleadings. [...] Geza was not an action and we are in the present case dealing with particular rules of pleadings. [...] • [95] It will soon be a year since I ordered this matter converted to an action, and yet we are still dealing with the fundamentals of the Claim.
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2,699.
Saputo inc. v. Canada (Attorney General) - 2011 FCA 69 - 2011-02-28
Federal Court of Appeal DecisionsThe effects can also reveal whether a law is “colourable”, i.e. does the law in form appear to address something within the legislature’s jurisdiction, but in substance deal with a matter outside that jurisdiction? [...] The terms of reference for the Working Group were very broad and went beyond simply dealing with pricing and profitability issues. [...] Those that are in s. 9 are aimed at marketing and those dealing with controlled drugs in Part III of the Act are aimed at protecting the moral health of the public.
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2,700.
Datacalc Research Corporation v. The Queen - 2002-02-22
Tax Court of Canada Judgments[7] Before I deal with the main point of the appeal several preliminary points should be disposed of. [...] No doubt that is so, but it is not the situation with which we are dealing here. [...] (8a), the language of which places appellant fairly and squarely in the category of a predecessor company.