11,312 result(s)
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2,751.
Southwind v. Canada - 2017 FC 906 - 2017-10-12
Federal Court Decisions[251] The trial judge had to determine two issues: first, the fair value of timber rights in 1886; and second, how that fair value is to be assessed in 2005 (the date of trial). [...] They also agreed that the compensation assessed must be fair and realistic. [...] Besides it will probably cause a great deal of damage to the timber on our Reserve.
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2,752.
Pichugin v. M.N.R. - 2011 TCC 16 - 2011-02-11
Tax Court of Canada JudgmentsTo begin with, we are dealing with the right to control rather than actual de facto control. [...] [38] I accept Mr. Oulahen's position that the office was closed and, therefore, Mr. Pichugin could not gain access to it and could not earn any income and, in fairness, his pay went on. [...] [53] While it is not absolutely necessary to go into it because, even if there had been intention otherwise, the Wiebe Door factors are quite conclusive, there was enough argument addressed to this issue that, in fairness, I will comment upon it.
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2,753.
4145356 Canada Limited v. The Queen - 2009 TCC 480 - 2009-09-28
Tax Court of Canada JudgmentsI am not here dealing with a situation where there have already been extensive examinations. [...] Is that fair? Mr. Bourgeois stated: That’s fair. [21] Recent comments of this Court (see Concept Plastics Limited v. The Queen)[7] and the Federal Court of Appeal (see Kossow v. The Queen)[8] have been clear that documents in the Canada Revenue Agency files that led to the assessment are relevant. [...] I am not dealing with that situation. The Appellant is entitled to an answer.
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2,754.
Sadhu Singh Hamdard Trust v. Registrar of Trade-Marks - 2007 FCA 355 - 2007-11-02
Federal Court of Appeal DecisionsInitially, the appellant sought to challenge the registration by means of an application for judicial review on the ground of lack of procedural fairness but it chose to abandon that application. [...] The Registrar having failed to respond to its request, the appellant was a party for the purposes of dealing with the request for an extension. [...] [27] Dealing first with the Ault Foods case, it is useful to recall the basis upon which the Court intervened.
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2,755.
Tlapaltotoli v. Canada (Citizenship and Immigration) - 2006 FC 1286 - 2006-10-26
Federal Court Decisions[6] On May 27, 2004, Marcos Antonio Fabregas Janeiro, the principal claimant’s immediate superior and director general of operations, offered him the opportunity to earn a great deal of money. [...] [29] Section 96 of the Immigration and Refugee Protection Act (“IRPA”) deals with the notion of Convention refugee, while section 97 lists the conditions a person must meet to be a person in need of protection. [...] In the absence of exceptional circumstances established by the claimant, it seems to me that in a Convention refugee hearing, as in an extradition hearing, Canadian tribunals have to assume a fair and independent judicial process in the foreign country.
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2,756.
Rahman v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 137 - 2002-02-05
Federal Court Decisions[4] By way of fairly current background, on 19 October 2001 a judge of the Court, in initially dealing with the Crown's motion to dismiss the application on the grounds of mootness, did so on the mistaken belief that the motion was not opposed. [...] [12] The leading case, dealing with the doctrine of mootness is Borowski v. Canada (supra), in which Mr. Justice Sopinka gave the judgment for the Court. [...] Were this somewhat suspect lack of an adversarial context the only issue to deal with, I would tend to exercise my discretion and allow the matter to proceed.
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2,757.
Nawaratnam v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 976 - 2001-08-30
Federal Court Decisions[30] In Dee, supra, the applicant alleged that he was deprived of a full and fair opportunity to adduce evidence with respect to "the respondent's criminal activities in the Philippines," and that he was deprived of a full and fair opportunity to test the credibility of the respondent. [...] For the minority, it is also true that the evidence that the applicant wished to lead was unnecessary for dealing with the subject matter before the Appeal Division. [...] However, the Supreme Court did not deal with the question submitted by the applicant in the case at bar.
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2,758.
Markesteyn v. The Queen - 2001 FCT 792 - 2001-07-12
Federal Court DecisionsParagraph 8 deals with the effect of the raised water levels, being the holding of water at a higher level and against the river bank allowing undercutting, erosion and slumping, all exacerbated by rapid drawdown of water in the fall: [...] As Wilkins J. stated in Royal Bank v. Kilmer, supra, fairness and justice are the dominant consideration. [...] Yet in fact the issue set out in the amended Statement of Claim is already narrowed to that extent, there being only one plaintiff and one property to deal with, the relief being specifically limited to that one property.
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2,759.
Design Services Ltd. v. Canada - 2005 FC 890 - 2005-06-23
Federal Court Decisions[15] At both the SOQ and RFP stages, PWGSC had no direct dealings with any of the plaintiffs. [...] [46] The pre-qualification process in this instance was "fairly unusual," according to Mr. Mallam. [...] The defendant stood to gain a great deal through this process in minimizing its exposure and obtaining a building constructed in the most practical and economical fashion.
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2,760.
Gal v. Canada (Revenue Agency) - 2015 FCA 188 - 2015-09-09
Federal Court of Appeal DecisionsTwo of the errors are worth dealing with here. [3] First, the applicant submits that she was not given a fair and equitable hearing in that the Board asked her to submit her evidence before the employer had even discharged its burden. [...] In paragraph 46 of her memorandum of fact and law, the applicant goes on to state that the Board’s decision to require that she present her evidence first, [translation] “despite the detailed allegations in her complaint, and without reason or justification, was . . . a violation of her right to procedural fairness”. [...] [7] While it is true that issues of procedural fairness are reviewable on a standard of correctness, the standard of review applicable to an allegation of procedural unfairness concerning the content of the duty of fairness in a particular context is more nuanced (Re:Sound v. Fitness Industry Council of Canada, 2014 FCA 48,
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2,761.
Demitor v. Westcoast Energy Inc. (Spectra Energy Transmission) - 2017 FC 1167 - 2017-12-20
Federal Court Decisions[21] Most of the recipients of the email did not know Mr. Demitor as he had had no previous dealings with them. [...] There was no violation of a procedural fairness principle in not interviewing Mr. Rob Conrad. [...] Commission staff was dubious that the Commission had jurisdiction to deal with the applicant’s complaint.
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2,762.
Westward Explorations Ltd. v. The Queen - 2006 TCC 105 - 2006-02-20
Tax Court of Canada Judgments[99] That operating costs did increase is consistent with statements made by the Chairman of Echo Bay Mines, Robert Calman, in May 1990, when that corporation withdrew from the proposed deal with Muscocho. [...] On the basis, the fair market value of an 11.12 per cent interest in the Mine in 1995 was $685,826. [...] [2] The appellant and Windarra were "related persons" pursuant to subsection 251(2) of the Act and, as such, were not dealing at arm's length.
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2,763.
Wang v. Canada (Public Safety and Emergency Preparedness) - 2016 FC 493 - 2016-05-04
Federal Court Decisions[41] The applicants brought a motion for appointment of an amicus curiae to assist the Court in any ex parte proceedings dealing with the Minister’s section 37 objection. [...] It has heard copious amounts of evidence regarding the complex web of dealings between the applicants (and their various corporate vehicles) and Chen and Szeto. [...] This Court has previously held that once the Minister chooses to disclose information dealing with an issue, fairness requires that any such disclosure must be complete: B135 v. Canada (Minister of Citizenship and Immigration), 2013 FC 871 at para. 26, 438 F.T.R. 128.
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2,764.
Excelsior Medical Corporation v. Canada (Attorney General) - 2011 FC 407 - 2011-04-04
Federal Court Decisions[5] There have been numerous cases in this Court and the Federal Court of Appeal dealing with the payment of maintenance fees. [...] 20 That is not to say, however, that the Commissioner made a formal decision that would necessarily attract the requirements of procedural fairness or other incidents of administrative decision making. [...] [15] There has been no jurisprudence dealing specifically with this section.
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2,765.
HSBC Bank Canada v. The Queen - 2010 TCC 228 - 2010-04-27
Tax Court of Canada Judgmentsb) the reasonable amount that would have been paid between persons dealing at arm’s length in the circumstances is nil; [...] 1. The examining party is entitled to "any information, and production of any documents, that may fairly lead to a train of inquiry that may directly or indirectly advance his case, or damage that of the opposing party": Teelucksingh v. The Queen[2] [...] [16] So, there has been a great deal written by myself, my colleagues and former colleagues on this question of the scope of discovery.
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2,766.
Nantel v. The Queen - 2009 TCC 599 - 2009-11-23
Tax Court of Canada JudgmentsIn my opinion, the fair market value of the works donated by Ms. Nantel is $66,260.00. [...] Main criteria used to assess the fair market value: - Current condition of the works [...] 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'.
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2,767.
Ebert v. The King - 2023 TCC 49 - 2023-04-18
Tax Court of Canada Judgments[26] In Metrobec, Justice D’Auray, after considering many of the authorities dealing with assumptions of fact that are allegedly irrelevant, stated: [...] The Appellants also submit that the Minister’s determination of fair market value was based on a statistical analysis and does not specify the actual fair market value determined by the Minister. [...] [82] In this Motion, I am dealing with a different situation, but I believe that an analogy may be drawn from the principles set out above.
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2,768.
Ignace v. Canada (Attorney General) - 2019 FCA 239 - 2019-09-25
Federal Court of Appeal DecisionsThis should be apparent, in part, from the care taken in these reasons to deal with the issues and the fact that, in the end, I have ordered a remedy similar to that proposed by Tsleil-Waututh Nation. [...] Far from being evidence of prejudgment or bias, this enhances procedural fairness and increases the likelihood of decisions based on a correct view of the law. [...] Other arguments were found on the leave motion to be not fairly arguable, again with detailed reasons.
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2,769.
Macklai v. Canada (Revenue Agency) - 2010 FC 528 - 2010-05-13
Federal Court DecisionsDespite the applicant’s assertions, his supervisor was not dealing with a question of law or jurisdiction, nor was his decision precedent setting. [...] In any event, I find that the applicant was treated fairly and with transparency in the implementation of the reviewer’s order. [...] (2) No collective agreement may deal with matters governed by the staffing program.
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2,770.
Pizarro v. Canada (Attorney General) - 2010 FC 20 - 2010-01-08
Federal Court DecisionsMatters such as ability to attend school or job performance or his manner of dealing with ICBC are properly the purview of experts. [...] [64] The Commissioner’s decision, therefore, was unreasonable and the process in which he engaged was contrary to the principles of fairness. [...] [78] I need not deal with Oberlander v. Canada (Attorney General), 2009 FCA 330, which is a case that arises in a particular and unique context.
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2,771.
Iamkhong v. Canada (Public Safety and Emergency Preparedness) - 2008 FC 1349 - 2008-12-09
Federal Court DecisionsThis should not be interpreted as a precedent to suggest that it is appropriate to file single applications when dealing with the two decisions referenced in section 44 of the Act – it is not. [...] [31] Decisions made under section 44 of the Act have been held to be administrative decisions attracting a lower duty of fairness. [...] The duty of fairness owed under section 44 of the Act has been considered numerous times by this Court in the decisions referenced herein.
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2,772.
Lennikov v. Canada (Minister of Citizenship and Immigration) - 2007 FC 43 - 2007-01-16
Federal Court DecisionsIn contrast, this case relates to section 34 of the Act, dealing with inadmissibility on security grounds. [...] [71] Questions of procedural fairness are to be reviewed against a standard of correctness. [...] [74] In these circumstances, I am not persuaded that there was a breach of procedural fairness on the part of the Board.
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2,773.
Robichaud c. La Reine - 2004 TCC 661 - 2004-11-10
Tax Court of Canada JudgmentsThe appeal deals with the following three questions: · Was there a genuine donation of certain property? [...] [28] There was no connection between the various stamps, which told him that they were dealing with an "inventory" of stamps and not a collection. [...] (ii) where the donation is a gift of property other than cash, the amount that is the fair market value of the property at the time that the gift was made; and
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2,774.
Athie v. Canada (Public Safety and Emergency Preparedness) - 2016 FC 425 - 2016-04-18
Federal Court DecisionsA. Did the IAD comply with its duty of procedural fairness in not granting the applicant an opportunity to be heard? [...] A. Did the IAD comply with its duty of procedural fairness in not granting the applicant an opportunity to be heard? [...] Moreover, it did so in compliance with the principles of procedural fairness.
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2,775.
Garcia Perez v. Canada (Citizenship and Immigration) - 2010 FC 1275 - 2010-12-10
Federal Court Decisions162. (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. [...] [25] The second issue concerns the Applicants’ right to natural justice and procedural fairness, for which the standard of review is correctness. [...] [39] Under section 162(2) of the Act, the RPD is required to deal with proceedings as informally and quickly as circumstances and fairness and natural justice permit.