11,312 result(s)
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2,926.
Maplesden v. Canada - 1997-12-10
Federal Court DecisionsMr. and Mrs. Maplesden did not deal at arm's length with either '614 or Albion. [...] .... a person with whom he was not dealing at arm's length, .... the transferee and transferor are jointly and severally liable to pay under this Act an amount equal to the lesser of [...] (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
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2,927.
Maplesden v. The Queen - 1997-12-10
Federal Court DecisionsMr. and Mrs. Maplesden did not deal at arm's length with either '614 or Albion. [...] .... a person with whom he was not dealing at arm's length, .... the transferee and transferor are jointly and severally liable to pay under this Act an amount equal to the lesser of [...] (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
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2,928.
Hughes v. Canada (Attorney General) - 2009 FC 572 - 2009-06-08
Federal Court DecisionsCounsel for the Attorney General submitted that the reasonableness standard applied to all issues other than those dealing with procedural fairness and natural justice. [...] It is for the Court to determine, without affording deference to the decision-maker, whether the requirements of natural justice and procedural fairness were met. [...] [34] The content of the duty of fairness is variable. What is required is a fair and open procedure "appropriate to the decision being made and its statutory, institutional and social context."
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2,929.
Polson v. Long Point First Nation Committee - 2007 FC 983 - 2007-10-01
Federal Court DecisionsIn fact, the appeal process has been created only to deal with problem in the election process. [...] Dealing with the required elements of the pragmatic and functional analysis I am of the view that: [...] [41] I believe the Election Committee owes a basic duty of fairness to the applicant.
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2,930.
Canada (Health) v. Merck Frosst Canada Ltd. - 2009 FCA 166 - 2009-05-26
Federal Court of Appeal Decisions[. . .] 4. (1) Sous réserve des autres dispositions de la présente loi mais nonobstant toute autre loi fédérale, ont droit à l’accès aux documents relevant d’une institution fédérale et peuvent se les faire communiquer sur demande : [...] [29] However, none of this, except for the Act and procedural fairness, was argued before the trial judge (see Merck Frosst’s application for judicial review, public A.B., Vol. I, page 47). [...] Drawing up a similar plan from the available scientific documentation would require considerable effort and a fair amount of time.
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2,931.
Canada (Attorney General) v. Canada (Commission of Inquiry into the Actions of Canadian Officials) - 2009 FC 1317 - 2007-07-24
Federal Court DecisionsI shall deal with it separately at the end of my reasons on this issue. [...] A great deal of information, whether factual or not, has been made public. [...] [139] He also considers the redacting of the contents of the passages in question important to ensure a fair discussion of what Canadian officials did with respect to Mr. Arar.
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2,932.
Deliva v. Canada (Attorney General) - 2022 FC 693 - 2022-05-10
Federal Court Decisions[19] The First Level Adjudicator set out in his decision, under the heading “Procedural Fairness”, the following details: [...] Whether there was a breach of procedural fairness; and B. Whether the decision of the Final Level Adjudicator was reasonable. [...] Adjudicator and Final Level Adjudicator went to considerable lengths to ensure that the Applicant had an opportunity to present his case, to respond to the evidence of the RCMP and to remedy the noted deficiencies in the Applicant’s evidence, demonstrating great patience and fairness in their dealings with the Applicant.
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2,933.
Williams Lake First Nation v. Canada (Indian Affairs and Northern Development) - 2021 FCA 30 - 2021-02-17
Federal Court of Appeal DecisionsOn the same day, the PGER wrote to the DIA, assuring the Department that the PGER would pay “such sum as an officer designated by your Department shall decide as being fair”. [...] Moreover, reasonableness review requires that courts intervene only where necessary to safeguard the legality, rationality and fairness of the administrative decision-making process. [...] First, traditional common law principles related to real property may not be helpful to give effect to the true purpose of a dealing related to reserve land (at para. 43).
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2,934.
Hinton v. Canada (Citizenship and Immigration) - 2008 FC 7 - 2008-01-04
Federal Court DecisionsI think it better to deal with them at the outset. The first is that in light of Grenier, the motion is still premature. [...] Leave is not given unless the Court considers there is a fairly arguable case. [...] [46] I am satisfied that the Hintons would fairly and adequately represent the interests of the class.
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2,935.
De Araujo Garcia v. Canada (Citizenship and Immigration) - 2007 FC 79 - 2007-01-24
Federal Court DecisionsIt can be fairly argued that the statement might apply in some or most claims, but whether it applies in any given claim depends upon an evaluation of the context in which that particular claim arises. [...] [3] and [4]) pertaining to state protection in a claim dealing with fear of terrorism, and must be read in this light. [...] [21] The decision in Kadenko deals with a claim of protection arising from evidence of discrimination and intolerance in Israel against Russian-speaking claimants.
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2,936.
Marceau c. La Reine - 2004 TCC 585 - 2004-09-27
Tax Court of Canada JudgmentsSecondly, the shares or debt are, unless subsection 50(1) applies, disposed of to a person dealing with the taxpayer at arm's length. [...] (ii) to a person with whom the taxpayer was dealing at arm's length of any property that is [...] (C) the fair market value of the share is nil, and (D) it is reasonable to expect that the corporation will be dissolved or wound up and will not commence to carry on business
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2,937.
Kalke v. Canada - 2002 FCT 904 - 2002-08-23
Federal Court Decisions3. Did the respondents violate a common law duty of procedural fairness to the applicant in making the decision to detain the Vessel? [...] Did the respondents violate a common law duty of procedural fairness to the applicant in making the decision to detain the Vessel? [...] Accordingly, I do not find that the respondents have breached a duty of procedural fairness.
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2,938.
Nasogaluak v. Canada (Attorney General) - 2021 FC 656 - 2021-06-23
Federal Court Decisions• systemic negligence by the RCMP in their dealings with Aboriginal people who have been detained or in custody; [...] (i) would fairly and adequately represent the interests of the class, [...] (i) would fairly and adequately represent the interests of the class,
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2,939.
Rosenberg v. Canada (National Revenue) - 2016 FC 1376 - 2016-12-14
Federal Court DecisionsThis particular clause deals specifically with the side of the transaction which can constitute a “breach regarding the terms of resolution”. [...] As was pointed out repeatedly by counsel for the Applicant, who would agree to such a deal, given what the taxpayer was agreeing to in return? [...] 1373. L’objet de l’obligation est la prestation à laquelle le débiteur est tenu envers le créancier et qui consiste à faire ou à ne pas faire quelque chose.
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2,940.
Pièces automobiles Lecavalier Inc. v. The Queen - 2013 TCC 310 - 2013-10-02
Tax Court of Canada JudgmentsAccording to the respondent, that is a provision which establishes an automatically applicable mechanism whereby the amount paid in satisfaction of the debt is deemed to be equal to the fair market value (FMV) of the shares. [...] Thus, in the case of an exchange of a debt for shares that are worth nothing or that have a lower fair market value, the debt forgiveness rules must be applied. [...] As regards dispositions of debts to unrelated third parties or between persons not dealing with each other at arm’s length, it is subsections 80.01 (6), (7) and (8) that provide for the application of the debt parking scheme.
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2,941.
Aalto v. Canada (Attorney General) - 2009 FC 861 - 2009-08-28
Federal Court DecisionsIn my view, the jurisprudence is clear, the commission process, to be effective, requires a fair, open, objective, assessment and a reasonable response addressed to the recommendations made. [...] The reasons should reveal a consideration of the judicial office and an intention to deal with it appropriately. [...] In neither case does the Response deal appropriately with the reasons underlying the recommendations.
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2,942.
Muhammad v. Canada (Citizenship and Immigration) - 2014 FC 448 - 2014-05-09
Federal Court DecisionsIssue 3: Were the principles of procedural fairness violated, more specifically: [...] 3. Were the principles of procedural fairness violated, and, more specifically: [...] • The Minister’s Delegate is situated in the Case Management Branch (CMB) of CIC which deals with sensitive cases;
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2,943.
Hughey v. Canada (Minister of Citizenship and Immigration) - 2006 FC 421 - 2006-03-31
Federal Court DecisionsNor did he consider refusing to go to Iraq, testifying that he did not think that it would be fair for him to be sent to jail for refusing to fight in a war that he believed was wrong. [...] Such an examination discloses that, when read fairly, in its entirety, the decision supports the interpretation of paragraph 171 discussed in the preceding paragraphs. [...] However, given the decision of the Federal Court of Appeal in Al-Maisri, it is fair to say that the issue is not entirely free from doubt.
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2,944.
Tremblay v. Canada (Attorney General) - 2003 FCT 465 - 2003-04-22
Federal Court DecisionsAn Appeal Board only deals with the issue of reasonable accommodation from the perspective of its impact on the merit principle. [...] In addition, an Appeal Board must also consider whether the accommodations are fair to the other candidates involved in the competition. [...] The accommodations must be fair not only to the individual in question, but also to the other candidates.
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2,945.
McKesson Canada Corporation v. The Queen - 2013 TCC 404 - 2013-12-13
Tax Court of Canada JudgmentsThis allows the witness the opportunity to explain, and reflects a sense of fair play and fair dealing with the witness and his or her evidence. [...] [154] It is fair to say that the position of the Respondent shifted a fair bit through the trial. [...] Issues of fiscal morality and fair share are surely the realm of Parliament.
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2,946.
Hudson v. Canada - 2022 FC 694 - 2022-05-11
Federal Court DecisionsIf separate complaints raise substantially similar issues of fact and law, the Commission may deal with those complaints together. [...] i. would fairly and adequately represent the interests of the class, [...] (i) a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment, or
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2,947.
Alsager v. Canada (Agriculture and Agri-Food) - 2011 FC 1071 - 2011-09-14
Federal Court Decisions[50] Mr. Alsager believes that evaluation used to be a fair process. [...] As previously explained, it is my view that I have no appeal before me that deals with the white-tailed deer. [...] Besides making Dr. Althouse aware of his dealings with Revenue Canada and the outcome of those dealings, Mr. Alsager provided no documentation or information to Dr. Althouse (and he has provided none to the Court) that would demonstrate the cost of what he does for his clients.
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2,948.
Batres v. Canada (Citizenship and Immigration) - 2013 FC 981 - 2013-09-25
Federal Court Decisions[7] Was there a breach of procedural fairness in the translation at the hearing? [...] [22] In conclusion, the Court finds that there was a breach of procedural fairness. [...] As a result of this finding, it is unnecessary to deal with any other issues that were raised.
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2,949.
Okojie v. Canada (Citizenship and Immigration) - 2008 FC 1398 - 2008-12-18
Federal Court DecisionsIssue 1: Procedural Fairness and Natural Justice [5] Applicants’ Counsel’s main argument in the written material and in oral argument dealt with the issue of procedural fairness and natural justice. [...] 3. The PRRA Officer who was dealing with the application, Spence, conducted an oral hearing on March 18, 2008; [...] [10] There was no lack of procedural fairness or denial of natural justice.
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2,950.
Golesorkhi v. Canada (Citizenship and Immigration) - 2008 FC 511 - 2008-04-18
Federal Court DecisionsB. Procedural Fairness [9] In respect of procedural fairness, the Applicant argued that the use of the 2007 U.K. Home Office Report was unfair because he did not have an opportunity to respond to it. [...] [10] However, the Federal Court of Appeal in Mancia, in dealing with documents which became available after the time of submissions, held that those documents must be disclosed to an applicant if they “are novel and significant and where they evidence changes in general country conditions that may affect the decision”. [...] The Applicant was not denied procedural fairness. C. Legal Test [13] The Applicant contends that the Officer erred in focusing on the Applicant’s personalized, rather than a generalized, risk of persecution.