11,312 result(s)
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2,701.
Merck Frosst Canada Inc. v. Canada (Minister of National Health and Welfare) - 1997-06-13
Federal Court DecisionsHaving interpreted the term "maintain" in this way, it is unnecessary for me to deal with ss. 31(2) of the Interpretation Act . [...] I accept that the Minister, in performing this truly ministerial task, was still bound by the duty to provide procedural fairness to the Applicants. [...] The first is that these memos deal ex post facto with the decision to perform an audit on the Register.
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2,702.
Harvey v. VIA Rail Canada Inc. - 2019 FC 569 - 2019-05-03
Federal Court Decisions[7] The Report deals with Mr. Laberge’s comments about the Final Simulator Test on January 27. [...] Did the Investigator breach the principles of procedural fairness when she failed to consider the Benefits Letter? [...] [20] In my view issues 3, 4 and 5 are to be reviewed on a correctness standard because they deal with the thoroughness of the investigation which is an issue of fairness (see Canada (Attorney General) v. Sketchley, 2005 FCA 404 at paragraphs 82-84).
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2,703.
Kelley Estate v. Canada (Attorney General) - 2011 FC 1335 - 2011-11-22
Federal Court Decisions[14] This second review request was considered by a Taxpayer Relief Officer, an Assistant Director, and by a Fairness Committee – all three recommended that the request be denied. [...] I noted the objection and indicated that I would deal with the question of admissibility in the decision on the merits of the application. [...] [29] At the hearing, counsel for the respondent fairly acknowledged that there was confusion in the records before the Court but argued that the Director made a reasonable decision based on the information before her.
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2,704.
Teelucksingh v. The Queen - 2011 TCC 253 - 2011-05-09
Tax Court of Canada JudgmentsWith respect to the valuation, the Respondent assumed the total fair market value did not exceed $300,000. [...] The Appellant reported on the basis of a fair market value for the horses of one million dollars. [...] How did they deal with the HST on their legal costs in connection with a short-lived business many years prior to incurring those costs?
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2,705.
Pourgomari v. Canada (Citizenship and Immigration) - 2010 FC 649 - 2010-06-15
Federal Court Decisions[17] I wish to deal first with Issue 4. [18] Issue 4 Were the officer’s reasons adequate? [...] However, because this was not done, the duty of fairness was breached. [...] [23] Because of my finding on this issue, I need not deal with the remaining issues.
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2,706.
Ayangma v. Canada (Treasury Board) - 2007 FC 780 - 2007-07-26
Federal Court Decisions(a) Was there a breach of procedural fairness because of inadequate disclosure, Crown bad faith and Adjudicator bias? [...] The other areas of challenge, procedural fairness and jurisdiction, are subject to a standard of correctness. [...] B. Procedural Fairness [25] The Applicant placed great emphasis, both in writing and orally, on his claim that he was denied full and proper disclosure.
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2,707.
Kadouri v. Canada (Attorney General) - 2005 FC 522 - 2005-04-19
Federal Court Decisions[14] The Appeal Board concluded that the applicant had been fairly and properly treated and that no action was warranted, as the merit principle had been observed in the course of the selection process. [...] [16] This application for judicial review essentially raises two questions: (1) did the Appeal Board err in concluding that the applicant had been fairly treated and the merit principle observed? [...] [28] That being said, the respondent argued that this was not a fatal error since the applicant was in any case treated fairly and properly by the selection board.
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2,708.
Hu v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 603 - 2003-05-15
Federal Court DecisionsDid the Board fail to observe a principle of natural justice or procedural fairness [...] I do not agree as that letter did not deal with the evidence in question. [...] [27] Because of my decision on this issue, I need not deal with the other issues.
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2,709.
Rhéaume v. Canada (Attorney General) - 2002 FCT 98 - 2002-01-29
Federal Court DecisionsA review of the circumstances indicated that during this period you were treated fairly and equitably, taking into account the limitations imposed by your physician, your well-being and the continuance of operations. [...] The documents referred to by the plaintiff deal with the substance of the case. [...] It is accordingly impossible for me to conclude that the adjudicator Tessier exceeded his jurisdiction and denied the right to a fair hearing by admitting the defendant's oral evidence concerning the account of the meeting of February 4, 1991.
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2,710.
Massicotte v. Canada (Attorney General) - 2001 FCT 717 - 2001-06-28
Federal Court Decisions[3] Section 18.1 of the Federal Court Act (Act) deals with applications for judicial review while section 18(1) of the Act deals with the issue of the Trial Division's exclusive original jurisdiction relating to extraordinary remedies such as to issue an injunction, a writ of certiorari, writ of prohibition, writ of [...] (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe; [...] Nous vous suggérons de communiquer avec le Dr. Jean Boucher dans le but de lui faire part de cette intention de refus.
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2,711.
Canada (Information Commissioner) v. President, Ponts Jacques Cartier et Champlain Inc. - 2000-01-26
Federal Court Decisions[41] Furthermore, it seems that, whether voluntarily or not, the respondent has already disclosed a fair portion of the document in the letter appended to the affidavit of the respondent's general manager. [...] In this case, a fair portion of the Report dealing with the management of human resources is already part of the Court record, which is not confidential, and a fair portion of the appendices dealing with human resources has already been disclosed as well.
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2,712.
Lee v. Canada (Minister of Citizenship and Immigration) - 1999-10-26
Federal Court DecisionsI will deal with the respondent"s motion before addressing application for judicial review on its merits. [...] Of those two applications, the decision dealing with the humanitarian and compassionate request required leave. [...] The visa officer"s comments, although hasty, do not constitute a breach of procedural fairness.
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2,713.
Compagnie Gervais Danone v. Astro Dairy Products Ltd. - 1999-03-26
Federal Court Decisions[TRADUCTION] Lorsqu"il s"agit de déterminer si une marque de commerce crée de la confusion avec une autre, il n"est pas approprié de les décomposer en leurs éléments constitutifs, de faire porter l"attention sur les éléments qui sont semblables et de conclure qu"en raison de l"existence de ressemblances dans les marques de [...] However, when dealing with the assessment of the degree of resemblance between the marks at issue, the Registrar placed the emphasis on the initial BIO element alone and decided that because of that element, the marks BIO DANONE and BIOBEST exhibited "some minor degree of similarity in appearance and in sounding", and a [...] [16] I will now deal with the evidence on the state of the register.
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2,714.
D'Aoust v. The Queen - 1998-01-05
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 [...] less than the fair market value of the property in 1984, since the assessment pursuant to s. 160 was not made on the basis of that transfer and the pleadings do not expressly deal with this point (see Valérie Louise Cooke v. The Queen, [1997] F.C.J. No. 363 (Q.L.); Mohawk Oil Company v. Canada, [1992] 2 F.C. 485).
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2,715.
Smith v. Canada (Attorney General) - 2018 FC 993 - 2018-10-04
Federal Court DecisionsThe MOU provides for “regular costs pro-rated over the year” to deal with the numerous costs not fully budgeted for. [...] (d) to establish a framework for dealing with contraventions of provisions of the Code of Conduct, in a fair and consistent manner, at the most appropriate level of the Force; and [...] B. Was the Decision Fair? [75] The Appeal Decision was fair on the standard of correctness.
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2,716.
Jaballah (Re) - 2010 FC 79 - 2010-01-22
Federal Court DecisionsThis does not constitute a full and fair hearing on the merits of the allegations. [...] [11] At paragraph 29, the Court identified a number of the constituent elements of a fair judicial process. [...] [39] At the outset it is necessary to deal with Mr. Jaballah’s interpretation of what the reasonable grounds to believe standard entails.
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2,717.
Bow River Pipelines Ltd. v. Canada - 2000-01-18
Federal Court of Appeal DecisionsTherefore, the fair market value of the property cannot be added to the taxpayer"s COGPE account. [...] Hence, according to the taxpayer, it incurred a cost equal to their fair market value. [...] Some were the subject of prior litigation in the Tax Court and in this Court.2 However, for purposes of this appeal, it is not necessary to deal with these prior transactions or previous litigation, except in passing.
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2,718.
Taylor v. Canada (Attorney General) - 1997-12-15
Federal Court DecisionsFirst, it must be determined what test does apply when dealing with questions pertaining to the jurisdiction of the Commission. [...] [16] But the Canadian Judicial Council did not rule out the possibility of dealing with the matter. [...] In the words of La Forest J. (at p. 90), "the rights enunciated in the Act must be given full recognition and effect consistent with the dictates of the Interpretation Act that statutes must be given such fair, large and liberal interpretation as will best ensure the attainment of their objects".
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2,719.
Eshraghian v. Canada (Citizenship and Immigration) - 2013 FC 828 - 2013-07-29
Federal Court DecisionsThe Respondent has been unable to explain why fairness does not dictate such a result. [...] It was evidence relevant to procedural fairness. [22] The Respondent replied by filing the Lacasse affidavit. [...] The Applicant requested more but the costs of dealing with this issue is better reflected in the $1,000 award.
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2,720.
Khan v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1372 - 2005-10-11
Federal Court Decisions[11] The Applicant submits one issue, whether the tribunal breach the duty of fairness owed to the Applicant. [...] [18] Dealing with the issue whether an Applicant was entitled to an interview on an H & C application, the Supreme Court in Baker clearly stated that: [...] Without a chance to defend the speed of the marriage, the applicant has not been afforded fairness in the present matter.
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2,721.
Borsellino v. M.N.R. - 1999-01-22
Tax Court of Canada JudgmentsThe fact that the parties are themselves not at arm's length does not mean that they may not, in respect of a particular dealing, deal with each other at arm's length. [...] If on the whole of the evidence that is the type of dealing or transaction that has taken place then the Court can conclude that the dealing was at arm's length. [...] The Company had need of some work to be done, the price was fair and the Appellant was in need of work.
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2,722.
Almrei (Re) - 2009 FC 1263 - 2009-12-14
Federal Court DecisionsDivision 9 deals with certificates and the protection of information. [...] [234] Almrei described some dealings with his Syrian/MB passport with the Jordanian authorities. [...] [425] A great deal of knowledge has been acquired since 2001 about Al Qaeda’s methods of operation.
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2,723.
Aguirre v. Canada (Citizenship and Immigration) - 2015 FC 281 - 2015-03-05
Federal Court DecisionsDid the Board breach its duty of procedural fairness? The applicants’ submissions [...] There was no breach of procedural fairness [46] The Board’s determination of the applicants’ claim for refugee protection without the participation of Ms. Aguirre does not constitute a breach of procedural fairness. [...] [65] The respondent also notes the subsequent request for a postponement (for the same reasons) and the Board’s response dated April 9, 2013 which states “the Member will deal with the issues raised by counsel at the hearing”.
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2,724.
Singh v. Canada (Citizenship and Immigration) - 2012 FC 224 - 2012-02-17
Federal Court DecisionsThis was a breach of his right to procedural fairness. The Decision was Unreasonable [...] [42] In the record before me, there is a great deal that is just not explained and for which I have no evidence. [...] She said that the RPD did not appropriately deal with his postponement request at the Abandonment Hearing.
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2,725.
Jin v. Canada (Citizenship and Immigration) - 2014 FC 612 - 2014-06-25
Federal Court Decisions[4] That letter of decision followed what has been called a “fairness letter” which was sent on February 20, 2013. [...] However, it was incumbent on the Immigration Officer to deal with those concerns on the basis of the information that was provided on March 19. [...] If doubts about residency in Quebec deserved a fairness letter, doubts about a return to Canada were equally deserving of a fair warning.