11,309 result(s)
-
251.
McNabb v. Canada Post Corporation - 2006 FC 1130 - 2006-09-22
Federal Court DecisionsSection 7 deals with discrimination, in the course of employment, on a prohibited ground of discrimination. [...] The Investigation Report deals with the substance of these allegations although no specific reference is made to section 10. [...] Both the rules of natural justice and the duty of fairness are variable standards.
-
252.
Germain Pelletier Ltée v. The Queen - 1998-08-07
Tax Court of Canada Judgments(c) a person with whom he was not dealing at arm’s length, the following rules apply: [...] is not dealing at arm’s length and the tax debtor owes tax (tax liability) to the Minister, the taxpayer becomes liable to pay the tax debtor’s tax in an amount equal to the amount by which the fair market value of the property exceeds the fair market value of the consideration given, up to the amount of the tax liability. [...] First of all, we are not dealing with a claim for property sold or a service provided by GPL. We are dealing with advances that were used to meet SIM’s capital needs in order to finance the development of the Montbeillard land.
-
253.
Twinn v. Sawridge First Nation - 2017 FC 407 - 2017-04-26
Federal Court Decisions3. As the first two grounds of Appeal are duplicitous and overlapping, I would propose and will deal with them together. [...] Procedural Fairness [113] The Applicants raise the following procedural fairness issues: [...] The material matters of concern that the CEO could deal with – the handling of Walter’s ballot and the Voters List issues – were reasonably and fairly dealt with on the basis of written submissions.
-
254.
Amin v. Canada (Citizenship and Immigration) - 2013 FC 206 - 2013-02-28
Federal Court Decisions[22] The applicant submits that the Gender Guidelines have four components, the first two dealing with substantive grounds of prosecution, the second two dealing with evidence and procedure. [...] [28] I wish to now deal with Issue 3. [29] Issue 3 Was the duty of fairness breached by non-disclosure of extrinsic evidence and the absence of an opportunity to respond? [...] [33] Because of my finding on Issue 3, I need not deal with Issue 2.
-
255.
Zlobinski v. Canada (Citizenship and Immigration) - 2007 FC 305 - 2007-03-23
Federal Court Decisions[2] While the applicant raises three issues, I find it necessary to deal only with one: [...] Mancia instructs us that where the undisclosed evidence is determinative of the decision, the principles of fairness require that the applicant be informed of this and be invited to make submissions accordingly. [...] It deals with the 2005 situation in Ukraine, which is the year that the applicant made his application.
-
256.
Turner v. Canada (Attorney General) - 2012 FCA 159 - 2012-05-30
Federal Court of Appeal DecisionsMR. YAZBECK: Mr. Turner has referred to weight as a basis -- there was an objection when the Commission didn’t deal squarely with that. [...] He also had a lengthy motion that we had to deal with, that they wrote a decision on and it was withdrawn. [...] So I mean we’ve got a lot of back-ing and forth-ing in this complaint, Mr. Yazbeck, which is not the issues [sic] we’re dealing with here.
-
257.
Yu v. Canada (Attorney General) - 2012 FC 970 - 2012-08-07
Federal Court Decisions1. Did the Respondent breach the requirements of procedural fairness? [...] Issue 1 Did the Respondent breach the requirements of procedural fairness? [...] CD685-5 Deals with the management of seized items. CD 081 Deals with offender complaints and grievances.
-
258.
Moledina v. The Queen - 2007 TCC 354 - 2007-08-03
Tax Court of Canada JudgmentsI saw none of this but of course I am not dealing with the merit of the appeals. [...] e) Consider the Fairness Legislation. f) Manage the issue from HQ. [...] It made a fair and generous offer to settle and even extended the time for acceptance.
-
259.
Perry v. Cold Lake First Nations - 2018 FCA 73 - 2018-04-10
Federal Court of Appeal DecisionsThe changes are need [sic], real and Fair [sic] and overdue. (Emphasis in original) (Appeal Book, tab 6 at 40) [...] [27] The Federal Court also dealt with the procedural fairness arguments of the appellant and with the powers of the Council to pass the Resolution. [...] C. The Appeal Committee shall deal with the appeals at a public meeting of the electors of the Cold Lake First Nations.
-
260.
A.B. v. Canada (Citizenship and Immigration) - 2012 FC 1140 - 2012-10-10
Federal Court DecisionsIt also requested that an ex parte, in camera hearing be held to deal with this matter. [...] [6] It is submitted that only a special advocate would be able to deal with the issues of this case by: [...] Fairness and natural justice could be better served then by such an appointment.
-
261.
I.P.P. v. Canada (Citizenship and Immigration) - 2018 FC 123 - 2018-04-03
Federal Court Decisions[99] Procedural fairness requires a fair hearing, but does not require a perfect or the most favourable process. [...] I will deal with each of these grounds of complaint in turn. B. Reasonableness [...] [227] As I have set out above, the Member also deals with interruptions as follows:
-
262.
Teelucksingh v. The Queen - 2011 TCC 22 - 2011-01-13
Tax Court of Canada JudgmentsIt went out of business so there were deals to be had in buying their horse inventory. [...] The vast majority of these types of investments were mare deals. The XIII Investment, which Mr. Teelucksingh also invested in, is an example of the mare deals. [...] Under these circumstances, I estimate her fair market value as $110,000 CD.
-
263.
Montminy v. Canada - 2017 FCA 156 - 2017-07-14
Federal Court of Appeal Decisions(I) the fair market value of the security at the time the agreement was made exceeds [...] (B) at the time immediately after the agreement was made, the taxpayer was dealing at arm’s length with [...] (I) the fair market value of the particular security at the time the original agreement was made exceeded
-
264.
White v. Canada Post Corporation - 2024 FC 198 - 2024-02-07
Federal Court Decisions[2] The CHRC decided not to deal with the complaint, as recommended in the Section 41 Report for Decision [Section 41 Report]. [...] The Court has no jurisdiction, though, to deal with the actions of the Applicant’s union and CPC. [...] Commission 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
-
265.
Freeman v. Canada (Citizenship and Immigration) - 2013 FC 1065 - 2013-10-23
Federal Court Decisions[40] The content of the duty of procedural fairness is variable, and the degree of fairness owed to visa applicants tends to be towards the lower end of the scale. [...] If dealing with a different applicant. I might try to call into question subj’s credibility via a personal interview. [...] However, Mr. Freeman has been dealing with these allegations for some 40 years and has likely concocted a very solid story by now.
-
266.
Cyr v. Batchewana First Nation of Ojibways - 2021 FC 512 - 2021-05-31
Federal Court DecisionsWas the Applicant denied procedural fairness? E. Was the decision of the BFN reasonable? [...] It was found to be a private law contract dealing with his right to live in the house. [...] [60] Given my findings there is no need to deal with the other issues.
-
267.
Hardman v. Atomic Energy of Canada Limited - 1997-04-21
Federal Court Decisions1) Denial of procedural fairness; 2) Failure to comply with ss. 42(1) of the Act in not giving reasons; and, [...] 1) Procedural fairness This Court has held2 that the Commission owes a duty of fairness to those potentially affected by its decision. [...] The process followed by the investigator and the Commission respected the rules of procedural fairness.
-
268.
Canada (Citizenship and Immigration) v. Conteh - 2018 FC 416 - 2018-04-18
Federal Court DecisionsOn September 29, 2014, a report was prepared under section 44(1) of IRPA alleging that Mr. Conteh was believed to be inadmissible to Canada under sections 36(1)(a) and 37(1)(a) of IRPA, which deal respectively with serious and organized criminality. [...] The IAD relied on section 162(2) of IRPA, which provides that “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”. [...] [9] I find that the Minister’s right to procedural fairness was indeed breached.
-
269.
Nowoselsky v. Canada (Attorney General) - 2007 FC 1065 - 2007-10-18
Federal Court Decisions[2] Mr. Nowoselsky asserts that he was denied a fair hearing before the prothonotary. [...] [64] Mr. Nowoselsky’s bias argument raises a question of procedural fairness. [...] Nevertheless, absent compelling evidence to the contrary, one expects that both the oath of office and the professionalism of the decision-maker in question would lead the individual to continue to deal with parties in a fair and impartial manner, even where the decision-maker is found to have erred in earlier proceedings.
-
270.
R. G. v. Canada (Public Safety and Emergency Preparedness) - 2019 FC 297 - 2019-03-12
Federal Court DecisionsA better conclusion is that no standard of review at all is applicable to the question of procedural fairness. [...] Evaluating 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. [...] Here also, the Minister is attempting to have the exact same issue determined under a different provision of IRPA. While section 36(1) deals with allegations of committing an offence, section 37(1) deals with committing crimes as part of a group.
-
271.
Stucky v. Canada (Attorney General) - 2004 FC 1769 - 2004-12-22
Federal Court Decisions(4) The failure to provide notice or an opportunity to be heard is a denial of natural justice and procedural fairness; [...] [12] She attaches to her affidavit excerpts from the Federal Prosecution Service Deskbook dealing with the decision to prosecute, and Chapter 17, dealing with direct indictments. [...] This deskbook deals with matters of prosecution policy, and does not have the status of law.
-
272.
Absolute Leadership Development Inc. v. M.N.R. - 2010 TCC 282 - 2010-06-02
Tax Court of Canada JudgmentsAccording to Ryan, her $40,000.00 per annum was fair market value. Prior to Michelle assuming this position, no-one managed the operational side of the program. [...] ... Arm’s Length Dealing 5. (3) For the purposes of paragraph (2)(i), [...] They can be in a non-arm’s length relationship yet deal with each other at arm’s length, and conversely, they can be in an arm’s length relationship yet not deal with each other at arm’s length.[3]
-
273.
HLB Smith Holdings Limited v. The Queen - 2018 TCC 83 - 2018-04-30
Tax Court of Canada Judgments. . . (c) a person with whom the person was not dealing at arm's length [...] (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.
-
274.
Somers v. The Queen - 2008 TCC 239 - 2008-05-16
Tax Court of Canada JudgmentsWe are dealing with March 3, 2004. In hindsight it is out of my mind when I do the appraisal. [...] One must bring to bear many factors in determining what sort of a deal would be struck between arm's length parties. [...] Cost or replacement cost do not indicate fmv where we are dealing with a home that is being constructed to a homeowner's specifications.
-
275.
Carrasqueiras v. Sunwing Airlines Inc. - 2022 FC 1714 - 2022-12-12
Federal Court Decisions[26] Section 41 of the CHRA sets out the limited circumstances when the Commission may decline to deal with a human rights complaint. [...] The goal of such provision was not to codify these doctrines, but to achieve the goals of fairness and finality in decision-making and avoid re-litigation: Figliola at paras 26-36. [...] Rather Ms. Klimkowski’s concern with her Union representation was relevant to the duty of fair representation, of which Ms. Klimkowski did not bring a complaint.