11,312 result(s)
-
2,876.
Trainor v. Canada (Attorney General) - 2011 FC 484 - 2011-04-20
Federal Court DecisionsHe also deals with the serious impact his condition has on his lifestyle given that it is always visible to the general public and that even something as basic as a handshake is socially upsetting both for the applicant and for others. [...] [48] There is no breach of procedural fairness here, nor is the decision unreasonable because it is unintelligible or not transparent. [...] (2) Avant de recevoir en preuve l’avis ou les rapports d’examens obtenus en vertu du paragraphe (1), il informe le demandeur ou l’appelant, selon le cas, de son intention et lui accorde la possibilité de faire valoir ses arguments.
-
2,877.
Bleau v. The Queen - 2006 TCC 36 - 2005-09-07
Tax Court of Canada Judgments[5] The auditor of the Minister explained that this is not the standard procedure, but that in certain circumstances it is possible to act in this way for reasons of fairness, particularly when dealing with a taxpayer who has little experience in the area of accounting and taxation. [...] ... [...] (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
-
2,878.
Yates v. The Queen - 2005 TCC 503 - 2005-08-11
Tax Court of Canada Judgments[18] I propose to deal with the jurisdiction issue raised by the Appellant first. [...] These violations occur because the Minister by maintaining that the Tax Court of Canada cannot entertain an appeal where the result is an increase in the Appellant's taxes is attempting to restrict the right to a fair hearing for the determination of the Appellant's rights and obligations under Canada's Constitution. [...] This, he says, results in a breach of paragraph 2(e) of the Canadian Bill of Rights which provides, inter alia, that "no law of Canada shall be construed or applied so as to deprive a person of the right to a fair hearing in accordance with the principles of fundamental justice for the determination of his rights and his
-
2,879.
Rockman v. Canada (Attorney General) - 2000-02-15
Federal Court Decisions[9] Dealing first with the tape recording, there is no evidence that such a recording exists. [...] The policy goes to deal with the fact that ordinarily, breach of federal drug legislation will be established by conviction in the courts. [...] Was it a breach of Corporal Rockman"s right to procedural fairness to deny him the unedited version of the police report when the conclusions to be drawn from it had such significant implications for him?
-
2,880.
Farouk Systems inc. v. Rica International Inc. - 2008 FC 357 - 2008-03-17
Federal Court Decisions· A permanent injunction restraining the defendants from selling or dealing in merchandise, other then the plaintiff’s merchandise that bears the registered trade-mark or copyright. [...] 2. The Company can not afford to retain a lawyer to deal with this matter. [...] Given the circumstances set out above, I consider it to be in the interests of justice and fairness to dismiss the motion for judgment.
-
2,881.
Pramauntanyath v. Canada (Minister of Citizenship and Immigration) - 2005 FC 604 - 2005-05-03
Federal Court Decisions[4] The remainder of the officer's analysis dealt with the Applicant's ability to deal, within Thailand, with the impact of his return to that country. [...] [12] There are several cases in this Court dealing with review of H & C decisions. [...] As a matter of fairness the Applicant is entitled to "real" reasons which address his principal argument and evidence.
-
2,882.
Magno Soria v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 1098 - 2002-10-21
Federal Court DecisionsHowever, the Applicant's reply does not deal with the merits of the case. [...] Here I must balance fairness to counsel for the Respondent, who has put together a reasonable and complete argument in opposition to the motion. [...] The Respondent received a free ride on the last motion, in not having to deal, in any real way or at all, with the elements from Hennelly which the Respondent now says the Applicant must satisfy.
-
2,883.
Liang v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 341 - 2001-04-19
Federal Court DecisionsIt was decided by the Board that the written submissions would deal with the respondent's submission concerning the exclusion issue. [...] In dealing with the citizenship issue, the Board breached the applicant's right to procedural fairness. [...] [9] In my view, the above errors are important enough to vitiate the entire decision and to warrant the intervention of this Court without having to deal with any additional arguments in this matter.
-
2,884.
Sidhu v. Canada (Citizenship and Immigration) - 2014 FC 419 - 2014-05-02
Federal Court Decisionsa) Whether there was a breach of procedural fairness? b) Whether the decision was reasonable that the applicant was inadmissible for misrepresentation? [...] I find no failure of procedural fairness occurred. b) Whether the decision was reasonable that the applicant was inadmissible for misrepresentation? [...] [22] The applicant submits that the decision should be set aside because the respondent did not attempt to deal with the specific submissions made in reply to the officer’s detailed report.
-
2,885.
Bouaroudj v. Canada (Minister of Citizenship and Immigration) - 2006 FC 1530 - 2006-12-19
Federal Court Decisions[27] Paragraph 8.7 deals with the "prolonged inability to leave Canada [having] led to establishment". [...] Issue 2: Did the Officer fail to observe the principles of procedural fairness? [...] [21] Accordingly, the lack of procedural fairness argument also fails.
-
2,886.
Turmel v. The Queen - 2001-03-28
Tax Court of Canada JudgmentsHe reported the fair market value of that share, on February 22, 1994, as $102,873. [...] [7] Each of the parties called an expert witness to testify regarding the fair market value of the land. [...] In the years after the purchase, the Club invested a great deal of time and money to restore the land to a condition more suitable for duck breeding and hunting.
-
2,887.
Cohen v. Canada (Public Services and Procurement) - 2021 FC 1057 - 2021-10-08
Federal Court DecisionsThe Commission decided not to deal with Mr. Cohen’s claim. Mr. Cohen now applies for judicial review of the Commission’s decision. [...] [7] A Human Rights Officer of the Commission evaluated Mr. Cohen’s complaint and issued a report recommending that the Commission not deal with the complaint. [...] [18] As the Commission’s decision was reasonable and no breach of procedural fairness occurred, the application for judicial review will be dismissed.
-
2,888.
Spidel v. Canada (Attorney General) - 2011 FC 1449 - 2011-12-12
Federal Court Decisions[3] I shall first deal with the decision which is subject to judicial review, then Mr. Côté’s affidavit, and finally the Prothonotary’s decision. [...] He submitted a great deal of reference material including a copy of the Corrections and Conditional Release Act and Commissioner’s Directive 081 entitled “Offender Complaints and Grievances”. [...] The Commissioner’s Directive provides that correctional decisions are to be made in a forthright and fair manner “with access by the offender to an effective grievance procedure.”
-
2,889.
Hemlin v. Canadian Society of Immigration Consultants - 2011 FC 1085 - 2011-09-21
Federal Court Decisions[7] CSIC has established a complaints and discipline policy to deal with complaints against members. [...] [12] The panel’s decision did not deal with the penalty aspect of the findings. [...] It seems to me that this deals with the applicant’s loss of income argument.
-
2,890.
Hallan v. Canada (Citizenship and Immigration) - 2023 FC 999 - 2023-07-20
Federal Court Decisions[7] One omission from the Applicant’s narrative related to an incident in 2018 that was later described as a drug deal. [...] [8] At the RPD hearing, the Applicant testified the transaction was a drug deal and that he knew one of the youths was a drug dealer before this incident. [...] This was a fair assessment as it was reasonable for the RAD to expect consistent evidence about police visits to his house.
-
2,891.
Canada (Attorney General) v. Lachapelle - 2022 FC 1785 - 2022-12-23
Federal Court Decisions[71] The principle of “low frequency, high risk” was only raised by the Tribunal at the appropriate stage of the analysis, i.e., when dealing with the issue under paragraph 128(2)(b) of the Code. [...] B. The Tribunal respected the principles of natural justice or procedural fairness [...] [79] In short, I am not persuaded that the process followed by the Tribunal was not fair.
-
2,892.
Elguindi v. Canada (Health) - 1997-06-19
Federal Court of Appeal DecisionsAll this will go to the issue of whether Ms. Elguindi received proper notice and a fair hearing. [...] There was, therefore, no doubt in his mind that the decision attracted a general duty of fairness. [...] The documents dealing with the appellant's tenure at Cim's Drugmart (documents 3, 4, 5 and 7) concern activities totally unrelated to the period the appellant had signing authority with Meditrust.
-
2,893.
Canadian Private Copying Collective v. Canadian Storage Media Alliance - 2004 FCA 424 - 2004-12-14
Federal Court of Appeal DecisionsThe present applications are directed against the latest decision dealing with private copying which was rendered on December 12, 2003 (Private Copying III). [...] As the Board cannot create exemptions, the tariff is not the place to deal with such a theme. [...] However, in the event that I am wrong on the first issue, it is useful to deal with the second.
-
2,894.
Rezaeiazar v. Canada (Citizenship and Immigration) - 2013 FC 761 - 2013-07-08
Federal Court DecisionsProcedural Fairness [43] The Respondent submits that there was no breach of procedural fairness as alleged by the Applicant. [...] [68] The GCMS Notes that deal with the Negative Substituted Evaluation Assessment make the following points: [...] [69] Against this background, the Applicant raises several allegations of reviewable error, and I will deal with them in turn.
-
2,895.
Fahmy v. Bank of Montreal - 2016 FC 479 - 2016-04-28
Federal Court DecisionsTo show deference to the Commissioner's report would give a head start to the Commissioner when acting as a party and thus could compromise the fairness of the hearing. [...] Principle 4.3 deals with a completely different kind of use, that is, use of personal information: [...] In this case we are dealing with a response to a request for personal information that had already been reported to the applicant as non-existent.
-
2,896.
NPS Pharmaceuticals, Inc. v. Biofarma - 2009 FC 172 - 2009-02-19
Federal Court DecisionsIn my view, the facts and the jurisprudence supports the Board Member’s determination that there was a fair degree of resemblance between the marks. [...] The use of the words “fair degree” is important because it indicates this factor had some but not great weight in her weighing of all of the relevant factors. [...] Still, the appellant itself led a great deal of evidence (as is the practice) about the actual operation of the respondent's restaurants, including many photographs, numerous sample menus and clippings of various advertisements.
-
2,897.
H-D Michigan Inc. v. MPH Group Inc. - 2006 FC 538 - 2006-04-28
Federal Court Decisions[52] I propose to deal with the first ground: confusion under section 12. [...] [68] Based on the fact that all of the factors favour the appellant, I will not deal with the determination of the weight to be given to each factor. [...] [71] Because of my finding with respect to confusion, I need not deal with the remaining grounds of opposition.
-
2,898.
Simone v. The Queen - 2005 TCC 231 - 2005-04-01
Tax Court of Canada JudgmentsThere is no longer any issue with respect to the fair market value of the consideration given by Mrs. Simone. [...] [15] In addition, Mr. Simone had retained a Mr. Rocca to deal with the Minister's auditor. [...] (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
-
2,899.
Saugeen First Nation #29 v. Sebastian - 2003 FCA 28 - 2003-01-22
Federal Court of Appeal DecisionsLa demande d'ordonnance de justification enjoignant d'exposer les raisons peut être présentée sans qu'il soit nécessaire de la faire signifier. [...] Promulgated in 1998, they replace Rules 354, 355 and 2500 and form part of a complete code dealing with contempt of court in this Court. [...] [26] Rules 56 to 60 deal with non-compliance with the Rules. Rule 56 and 58 are instructive and I reproduce them below.
-
2,900.
Reid's Heritage Homes Ltd. v. The Queen - 2002-12-09
Tax Court of Canada JudgmentsFor this paragraph to apply, the fair market value of the residential unit must be less than $374,500.00. [...] She argued that the rebate should be calculated on the consideration paid for the dwelling without apportioning some of the consideration to the land, as the paragraph contains no other reference to fair market value except the above noted. [...] The Minister took the position that the fair market value used by the Appellant for self-assessment purposes was comparable to a better quality home on a freehold lot in the same area.