11,312 result(s)
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2,901.
Canadian Magen David Adom for Israel v. Canada (Minister of National Revenue) - 2002 FCA 323 - 2002-09-13
Federal Court of Appeal DecisionsSubsection 149.1(2) of the Income Tax Act deals specifically with the revocation of the registration of a charitable organization. [...] I will deal with that argument below. Fairness of the process [78] The appellant argues that the Minister's decision to issue the July 10, 2001 notification letter should be quashed because it was reached on the basis of evidence of which the appellant had no notice and upon which it had no opportunity to comment. [...] BREACH OF PROCEDURAL FAIRNESS [103] In any event, the Minister's decision should be quashed on the grounds that the Minister denied the appellant procedural fairness.
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2,902.
Exeter v. Canada (Attorney General) - 2015 FCA 238 - 2015-11-02
Federal Court of Appeal DecisionsI shall deal with her letter as a motion for recusal. [2] Ms. Exeter focuses upon reasons I wrote for the Court dismissing one of her earlier appeals: 2014 FCA 119 (“the earlier appeal”). [...] The law is clear that good legal cause exists if I were biased in fact against Ms. Exeter or her case or otherwise unable to decide the present appeal fairly. [...] That test is whether a reasonable, fully-informed person, thinking the matter through, would conclude that it is more likely than not that I, whether consciously or unconsciously, would not decide the present appeal fairly: Committee for Justice and Liberty et al. v. National Energy Board et al., [1978] 1 S.C.R. 369 at page
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2,903.
Canadian Pacific Railway Company v. Woollard - 2006 FC 1332 - 2006-11-06
Federal Court Decisionsa) nommer une personne qualifiée pour faire enquête sur la situation; [...] [21] This issue deals specifically with the statutory interpretation of the words “regularly” and “contaminated” as used in paragraph 9.44(1)(b) of the Regulations. [...] Procedural fairness concerns the manner in which the decision is made.
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2,904.
Andrie LLC v. Bluewater Ferry Limited - 2023 FC 155 - 2023-02-02
Federal Court DecisionsIs it appropriate to deal with the present matter by way of summary judgment? [...] A. Is it appropriate to deal with the present matter by way of summary judgment? [...] The Shipowners plead that the Court has sufficient evidence to fairly adjudicate the dispute.
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2,905.
Pomeroy Acquireco Ltd. v. The Queen - 2020 TCC 107 - 2020-09-30
Tax Court of Canada Judgments• b) The Crown submits that the fair market value of the shares in the capital of the Targetcos, which were acquired by Pomacq, was to be determined by taking into account the latent tax liability of the Targetcos. [...] 12.109 The Targetcos, Pomacq, Mr. Pomeroy and the Share Vendors, and the appellant [i.e., PAL] were not factually dealing at arm’s length when the Targetcos transferred the amounts totalling $69,706,473 to the appellant. [...] Ultimately, it boils down to a consideration of simple fairness, common sense and the interest that the courts have that justice be done.
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2,906.
Hospira Healthcare Corporation v. Canada (Health) - 2015 FC 1205 - 2015-11-06
Federal Court Decisions[25] Between October and November of 2011, a series of informal exchanges were made between the applicant and Health Canada dealing with administrative issues. [...] A. Did the Minister breach procedural fairness by failing to inform the applicant earlier in the approval process that the data protection provisions would prevent the issuance of a NOC? [...] [51] The applicant points out that it was clear from the regulatory dealings which took place from 2004 to 2006 that OXALIPLATIN FOR INJECTION was commercially important to the applicant.
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2,907.
Tiftikci v. Canada (Citizenship and Immigration) - 2014 FC 43 - 2014-01-15
Federal Court DecisionsThe sections of the form dealing with state protection and internal flight alternatives were not completed by the Officer. [...] [41] The Respondent argues that the Decision of the Officer was reasonable, and there was no breach of procedural fairness. [...] In my view, however, the Officer does deal with this issue reasonably.
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2,908.
eBay Canada Ltd. v. Canada (National Revenue) - 2008 FCA 348 - 2008-11-07
Federal Court of Appeal Decisions[27] Section 231.6 was added to the Act in 1988 by S.C. 1988, c. 55, section 175, and deals with requirements for the production of “foreign-based information”, which is defined as follows. [...] First, one person may not generally impugn a decision on the ground that it was made without giving a fair hearing to some other person. [...] For the most part, a breach of the duty of procedural fairness may be relied on as a ground of review only by persons to whom the duty is owed.
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2,909.
Tucker v. Canada - 2004 FC 1729 - 2004-12-10
Federal Court DecisionsHe said that he was not being treated fairly, as appears from the following: [...] BROTHER BALDASARO: I have a right to be treated fairly. And I'm not being treated fairly. [...] In that case, there was some evidence before the Court dealing with the limitation issues.
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2,910.
Bigras v. The Queen - 1998-07-31
Tax Court of Canada Judgments18. At all relevant times, the purchaser was dealing at arm’s length with the appellant, JLB Ltée, 161978 Inc. and 161979 Inc. [...] Further, 161979 Inc. had acquired the desired land for an amount equal to their fair market value, that is, $422,500. [...] [34] This part of the technical notes deals more specifically with the application of paragraph 245(1.1)(a) of the Act.
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2,911.
De Santis v. Canada (Attorney General) - 2020 FC 1113 - 2020-12-02
Federal Court DecisionsA. Was there a breach of procedural fairness? [19] Mr. De Santis raises two procedural fairness issues. [...] This was a fair process and Mr. De Santis has not established any breach of procedural fairness on this issue. [...] According to Mr. De Santis, case management officers can deal with any “walk-in” inquiries.
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2,912.
Ramos-Frances v. Canada (Citizenship and Immigration) - 2007 FC 142 - 2007-02-07
Federal Court DecisionsIt is for a reviewing court to determine the content of the duty of fairness. [...] Much of the jurisprudence deals with the issue of when an officer is required to inform an applicant of concerns the officer has with respect to the application so as to afford the applicant an opportunity to address the officer’s concerns. [...] That, according to counsel, is part of the duty of fairness. I disagree.
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2,913.
Asmelash v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1732 - 2005-12-21
Federal Court Decisions[7] The central issue in the present case is whether or not a breach of procedural fairness occurred. [...] She adopts the position that when dealing with matters of procedural fairness, the overriding concern with respect to the disclosure of evidence is whether the document, opinion, or report is one of which the individual is aware or deemed to be aware: [...] The principle of those cases, generally stated, is that the duty of fairness requires disclosure of a document, report or opinion, if it is required to provide the individual with a meaningful opportunity to fully and fairly present her case to the decision maker.
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2,914.
Abasher v. Canada (Citizenship and Immigration) - 2019 FC 1591 - 2019-12-11
Federal Court Decisions[6] On January 30, 2019, the Officer sent the Applicant a procedural fairness letter [Fairness Letter]. [...] [15] For the most part, I find the process to have been fair to the Applicant. [...] Thus, in form at least, the process had the hallmarks of fairness. [16] However, I find that the Officer missed one important step in ensuring fairness for the Applicant.
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2,915.
The Estate of the Late Horace J.B. Gough v. The Queen - 2004 TCC 756 - 2004-11-25
Tax Court of Canada Judgments...Fair market value" means that obtained in the ordinary market, namely a market not distorted by special economic factors, in which sellers ready but not too anxious to sell deal with purchasers ready and able to purchase: Withycombe Estate, Re, [1945] S.C.R. 267 (S.C.C.), at 288. ... [...] [17] The expert report contains the following reference to a definition of fair market value: [...] However, I am concerned with a fair market value on December 31, 1971.
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2,916.
Kumar v. Canada (Citizenship and Immigration) - 2024 FC 1142 - 2024-07-23
Federal Court Decisions[10] As there is no breach to the procedural fairness duty at issue, the Court applying the reasonableness standard does not ask what decision it would have made in place of the administrative decision maker. [...] It is “an approach meant to ensure that courts intervene in administrative matters only where it is truly necessary to do so in order to safeguard the legality, rationality and fairness of the administrative process. [...] [15] Dealing with the first issue, I first note that the Applicant did not argue to the RPD or the RAD that they have some fundamental right to their land as a result of their assertion of “indigenous” status in India.
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2,917.
Kediye v. Canada (Citizenship and Immigration) - 2021 FC 888 - 2021-08-26
Federal Court DecisionsAfter an initial review of the file, a visa officer sent Mr. Kediye a procedural fairness letter, explaining that he may not be eligible given that he seemed to have a durable solution in Italy, and asking him to provide a response. [...] They need not deal with issues that were not in dispute. In his answer to the procedural fairness letter, Mr. Kediye did not suggest that the officer’s concerns were based on a misreading of Italian law. [...] Dismissing Mr. Kediye’s concerns on such a purely formal ground can only be interpreted as the officer’s refusal to deal with the substance of the submissions.
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2,918.
Majidigoruh v. Jazz Aviation LP - 2017 FC 295 - 2017-03-21
Federal Court DecisionsMy role is limited to considering whether the Commission’s decision was reasonable in light of the evidence that was before it, and whether the process that was followed by the Commission in the course of the investigation was fair. [...] [8] Mr. Majidigoruh alleges that between 2010 and 2013, he was harassed by his shift supervisor, AF, who displayed hostility towards Mr. Majidigoruh by using an offensive or mocking tone in dealing with him, and through his body language and unprofessional comments. [...] [25] However, when deciding whether further inquiry is warranted, the process followed by the Commission must be fair.
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2,919.
Cunanan v. Canada (Citizenship and Immigration) - 2011 FC 220 - 2011-02-24
Federal Court Decisions2. Did the Board err in fact, err in law, breach fairness, raise an apprehension of fairness, in dismissing the appeal of the removal order against the applicant? [...] [39] The respondent submits that there was no breach of procedural fairness. [...] [46] The applicant has raised other issues but I need not deal with them because of my finding on Issue 2.
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2,920.
Cunningham v. Canada (Public Safety and Emergency Preparedness) - 2010 FC 636 - 2010-06-11
Federal Court DecisionsThis affidavit is undated; however, in fairness to the applicant, it has been considered in this assessment. [...] In what follows, I will deal first, and briefly, with the issue of standard of review. [...] [21] In light of my foregoing conclusion, I will deal only briefly with these two allegations on behalf of the Applicant of reviewable error.
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2,921.
Sanofi-Aventis Canada Inc. v. Apotex Inc. - 2009 FC 1138 - 2009-11-06
Federal Court DecisionsNevertheless, given the nature of these issues and the degree to which they caused extra work, I believe that it would be fair to exclude the costs related to those issues from the overall award. [...] On balance, I find that an increase in the overall award of 20% would be fair and just in the circumstances. [...] As noted above, I would decrease the cost award by 10% to deal with costs related to the issues in paragraph 12 and by 10% to deal with the remedies phase of the trial.
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2,922.
St. Lawrence College of Applied Arts and Technology v. Canada - 2009 FC 545 - 2009-06-01
Federal Court DecisionsThe Invitation to Offer contained typical tender provisions including the following dealing with the evaluation and acceptance of offers: [...] As well, the court usually implies a term that the owner will treat all tenderers fairly and that only compliant tenders will be considered and accepted. [...] The Minister took great pains to draft a clear, precise and comprehensive clause dealing with the formalities of execution so as to avoid any dispute as to the tenderer's capacity to contract.
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2,923.
Walker v. Canada (Citizenship and Immigration) - 2007 FC 600 - 2007-06-07
Federal Court Decisions1. Did the officer breach the principles of fairness by considering extrinsic evidence? [...] [26] I will first deal with Issue 2. Did the officer err in failing to properly assess the children’s best interests? [...] [34] Because of my finding on Issue 2, I need not deal with the remaining issues.
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2,924.
McConnell v. Professional Institute of the Public Service of Canada - 2007 FCA 142 - 2007-04-10
Federal Court of Appeal Decisions[17] The issue before the Court is therefore the Board’s application of a test that the old Board developed to deal with complaints that were not filed on a timely basis. [...] [19] As for issues of natural justice or procedural fairness, the Court simply determines whether those principles were breached. [...] [22] The record shows that the respondent declined to represent her “in her dealings with the employer”, effective December 1, 2000 (see letter from the respondent, A.R. p. 30).
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2,925.
Stewart v. The Queen - 1999-06-11
Tax Court of Canada Judgments... In musculoskeletal areas her neck was fairly free in movement with some discomfort but no distortion. [...] Range and power were fairly well preserved. Hips and knees were essentially normal. [...] On balance, and not with a good deal of concern, I have concluded that this appeal should be allowed.