11,309 result(s)
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276.
Sharma v. Canada (Minister For Canada Customs) - 2001 FCT 584 - 2001-06-04
Federal Court DecisionsThese amendments are referred to colloquially as "the Fairness provisions". [...] The task of dealing with the amended statements was assigned to Mr. Guimond of Office Examination, Surrey Taxation Centre. [...] This ground of review alleges a denial of natural justice or procedural fairness.
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277.
Alsayegh v. The Queen - 2005 TCC 544 - 2005-08-19
Tax Court of Canada JudgmentsThere are nine prior Court Orders dealing with preliminary matters. In addition, an application was made under the Fairness Provisions of the Income Tax Act. Mercifully, after a recent pre-hearing conference before Justice Hershfield, the issues were narrowed down to the following: [...] [17] As a result, Hikmat made application under the fairness provisions. [...] I believe there was a second fairness application with the same result.
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278.
Montana First Nation v. Peigan - 2015 FC 1369 - 2015-12-09
Federal Court Decisions(1) Procedural Fairness [30] The Applicant submits that the By-election appeal process lacked procedural fairness by denying the Applicant and others adequate notice and an opportunity to be heard. [...] ... JUSTICE: -- once again that isn’t really an issue that I can deal with because it’s -- it’s not before me. [...] All I can do -- do is to deal with this particular review application.
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279.
Canada (Attorney General) v. Pelletier - 2008 FCA 1 - 2008-01-09
Federal Court of Appeal DecisionsIn any event, he was dealing with section 55 of Québec’s Interpretation Act, a provision that is much more general in scope than subsection 24(1) of the Federal Interpretation Act, which deals specifically with appointments of public officers during pleasure. [...] The Attorney General had conceded that a certain degree of procedural fairness was applicable and that a “higher standard” of procedural fairness was applicable when the reason for removal was misconduct. [...] “The duty of procedural fairness, whatever its content, deals only with the process by which the government exercises its right to terminate his appointment and not with the substance of the decision itself.
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280.
Canada (National Revenue) v. 0741449 B.C. Ltd. - 2016 FC 530 - 2016-05-11
Federal Court Decisions[4] The present Applications deal with three requests for refunds made by the Respondent totalling $1,157,568.24. [...] The first Application deals with two of these requests, the second deals with the third request which was made after the first Application was initiated. [...] b. #20-4215 Westside Road, Kelowna, B.C. ("Lot 20") having a fair market value of$600,000 and liabilities secured against title as follows:
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281.
Canada (National Revenue) v. 0741449 B.C. Ltd. - 2016 FC 529 - 2016-05-11
Federal Court Decisions[4] The present Applications deal with three requests for refunds made by the Respondent totalling $1,157,568.24. [...] The first Application deals with two of these requests, the second deals with the third request which was made after the first Application was initiated. [...] b. #20-4215 Westside Road, Kelowna, B.C. ("Lot 20") having a fair market value of$600,000 and liabilities secured against title as follows:
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282.
Good v. Canada (Attorney General) - 2016 FC 1272 - 2016-11-15
Federal Court DecisionsIn the context of election appeals, band members are owed a duty of fairness. [...] Procedural fairness matters are to be reviewed on a standard of correctness. [...] The section of the Decision dealing with this issue reads as follows:
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283.
Beauregard (Succession) v. The King - 2023 TCC 99 - 2023-07-17
Tax Court of Canada Judgments[5] The informal procedure rules have no provision dealing with motions or motions in writing. [...] [12] Given the nature and objectives of the informal procedure, is it appropriate to deal with this motion in writing rather than deal with it at a hearing? [...] [1] An appellant who understands what is going on is more likely to feel that they got a fair hearing, whatever the outcome.
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284.
Succession Henri Coupal v. The Queen - 2008 TCC 411 - 2008-07-10
Tax Court of Canada Judgments(i) to a person with whom the taxpayer was not dealing at arm’s length for no proceeds or for proceeds less than the fair market value thereof at the time the taxpayer so disposed of it, [...] In a matter dealing with the Dominion Succession Duty Act, R.S.C. 1952 c. 89, His Lordship said at page 5476: [...] . . . It may, perhaps, be open to question whether the expression ‘fair’ adds anything to the meaning of the words ‘market value,’ except possibly to this extent that the market price [His Lordship was dealing with publicly traded shares] must have some consistency and not be the effect of a transient boom or a sudden panic
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285.
1716790 Ontario Inc. v. The Queen - 2016 TCC 189 - 2016-08-31
Tax Court of Canada Judgments[2] Appeal number 2014-2383(GST)G deals with the fair market value of Phase II of the Stonehaven Manor retirement residence reported by the appellant as self-supply in accordance with subsection 191(4) of the Excise Tax Act (the “ETA”) for the period ending November 30, 2006. [...] [35] There are many decisions dealing with the purpose and scope of a discovery. [...] Nor does the question seek information which might fairly lead to a train of inquiry that could have either of these consequences.
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286.
Cartier v. Canada (Attorney General) - 1998-08-24
Federal Court DecisionsIn the situation we are dealing with here, guilt was not what had to be confirmed, it was whether the information received from six different sources was sufficient to raise a valid concern and warrant the transfer. [...] I must, however, stress that the Order issued by Mahoney J. deals only with the jurisdiction of the Trial Division, not with the actual availability of the relief in the circumstances of the case. [...] The standards by which procedural fairness is measured are not immutable.
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287.
Paranthaman v. Rogers Communication Inc. - 2019 FC 916 - 2019-07-11
Federal Court Decisions[16] Mr. Paranthaman submits that the Commission’s decision to dismiss his complaint breached the duty of procedural fairness for two reasons. [...] [24] Contrary to Mr. Paranthaman’s view, the Commission fully met its duty of procedural fairness. [...] The Commission must redetermine whether to deal with Mr. Paranthaman’s complaint with regard to all the evidence on the record.
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288.
Camp v. Canada (Attorney General) - 2017 FC 240 - 2017-02-27
Federal Court DecisionsFinally, the argument avoids the relevant Federal Court jurisprudence dealing with the Prematurity Issue in the context of a stay motion. [...] [20] In Douglas v Canada (Attorney General), 2013 FC 776 [Douglas #1] the motion judge was dealing with an allegation of bias on the part of the (first) Inquiry Committee. [...] In the circumstances, I am prepared to deal with the Prematurity Issue as a component of both the irreparable harm and balance of convenience analysis.
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289.
Ramos v. Canada (Attorney General) - 2019 FCA 205 - 2019-07-15
Federal Court of Appeal DecisionsHowever, it did not expressly state on what basis it reviewed the procedural fairness issue. [...] deal with the argument presented in respect of the September 29, 2017 decision in this section, instead of under the next one dealing with the merits of the October 6, 2017 decision, simply because it is convenient to do so now, as the same legal principles apply in assessing this argument and the alleged breach of fairness [...] She did mention that his submissions had to deal with material change in the circumstances.
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290.
Air Canada v. Toronto Port Authority - 2010 FC 774 - 2010-07-21
Federal Court Decisions[68] When dealing with a body that is clearly a “federal board, commission or other tribunal” [...] I have dismissed this argument for failure to plead it, but deal with it anyway in case of an appeal. [...] Porter was also given, in the 2005 CCOA, a “fair” share of new slots.
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291.
Gamus v. The Queen - 2001-05-11
Tax Court of Canada JudgmentsIndeed, counsel very fairly and properly admitted that if I found that the amounts in issue were debts they became bad in 1992. [...] (ii) shares of the capital stock of the payer corporation having a fair market value of more than 10% of the fair market value of all of the issued shares of the capital stock of the payer corporation. [...] [35] The voting shares of Oerus belonged to Mr. and Mrs. Gamus and BEL did not deal at arm's length with them.
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292.
Cappello v. M.N.R. - 2000-04-10
Tax Court of Canada Judgments(i) designated that fair or exhibition as a fair or exhibition where a lottery scheme may be conducted and managed, and [...] The fact that the parties are themselves not at arm's length does not mean that they may not, in respect of a particular dealing, deal with each other at arm's length. [...] If on the whole of the evidence that is the type of dealing or transaction that has taken place then the Court can conclude that the dealing was at arm's length.
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293.
Henri v. Canada (Attorney General) - 2014 FC 1141 - 2014-11-27
Federal Court DecisionsA. Procedural fairness [24] Mr. Henri maintains that the Minister breached the duty of fairness owed to him. [...] [29] Mr. Henri claims that the letter of April 12, 2013, did not provide sufficient detail about the identity and number of individuals with whom he was having questionable dealings or about the precise nature of said dealings, and as a result he did not have a genuine opportunity to make representations. [...] [40] The first of these two elements deals with the status of the information obtained from the RCMP for the purposes of the verification process for security clearances.
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294.
Margetts v. The Queen - 2009 TCC 526 - 2009-10-19
Tax Court of Canada Judgments(c) a person with whom the person was not dealing at arm’s length, the following rules apply: [...] (c) another person with whom the transferor was not dealing at arm’s length, [...] (ii) the transferor and the transferee are not dealing at arm’s length;
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295.
Cha v. Canada (Minister of Citizenship and Immigration) - 2004 FC 1507 - 2004-10-29
Federal Court Decisions[3] I set out the legislative scheme dealing with inadmissibility and removal relevant to the case of a foreign national which the applicant is. [...] [5] Paragraph 228(1)(a) of the Regulations is the applicable provision in prescribing the circumstances under subsection 44(2) of the Act the Minister may make a removal order when dealing with foreign nationals and reads: [...] (3) The content of the duty of fairness [41] A large part of this case turns on the content of the duty of fairness which is reviewed by this Court on the standard of correctness.
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296.
Stukanov v. Canada (Attorney General) - 2018 FC 854 - 2018-08-24
Federal Court DecisionsHe further recommends that the CHRC not deal with the complaint because it is frivolous. [...] Although not characterized as such, this is a kind of procedural fairness argument. [...] [16] In my view, the Commission’s process did not deny the Applicant procedural fairness.
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297.
Professional Institute of the Public Service of Canada v. Canada (Customs and Revenue Agency) - 2004 FC 507 - 2004-04-01
Federal Court DecisionsThe Program deals with the appointment and transfer of employees to and within the Agency. [...] (2) No collective agreement may deal with matters governed by the staffing program. [...] (2) No collective agreement may deal with matters governed by the staffing program.
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298.
McConnell v. Canadian Human Rights Commission - 2004 FC 817 - 2004-06-08
Federal Court DecisionsI will not deal with Grainger or with anyone who seeks to limit my rights or attempts to marginalize my integrity in this regard. [...] I explained that this is standard procedure - I explained re: procedural fairness also. [...] She said she wants to deal with the Alberta HRC and they said they will accept her complaint if we give them jurisdiction.
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299.
Cameco Corporation v. Maxwell - 2007 FC 260 - 2007-03-07
Federal Court Decisions2 observe procedural fairness and based its 3 decision on an erroneous finding of fact that [...] 7 procedural fairness was abandoned and Cameco's 8 argument was to the effect that the Commission [...] 13 There was no breach of procedural fairness 14 here. 15 Cameco appears to have lost
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300.
Huggins v. Canada Post Corp. - 2005 FC 665 - 2005-05-12
Federal Court Decisions[5] The Commission agreed with the investigator and decided not to deal with the allegations. [...] 41. (1) ... the Commission shall deal with any complaint filed with it unless in respect of that complaint it appears to the Commission that [...] One is the applicable standard of review, and the other is procedural fairness.