11,312 result(s)
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2,976.
Asif v. Canada (Citizenship and Immigration) - 2016 FC 1323 - 2016-12-01
Federal Court DecisionsI should note that the RPD dismissed the Applicant’s claim also citing credibility concerns based on the fact the Applicant gave inconsistent stories about his intentions respecting the land – essentially, that the Applicant had claimed both that the land was not for sale and also that it was for sale at a fair price. [...] [26] I will deal with each part of this two-part test. Whether there was no serious possibility of the Applicant being persecuted in Hyderabad? [...] However, a fair reading of this report, with respect, does not support such an argument.
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2,977.
Canada v. Lemire - 2013 FCA 242 - 2013-10-18
Federal Court of Appeal Decisions(c) a person with whom the person was not dealing at arm’s length, the following rules apply: [...] (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 [...] The TCC judge did not deal with this issue because it was not raised before him.
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2,978.
Dial Drug Stores Limited v. The Queen - 2011 TCC 303 - 2010-12-07
Tax Court of Canada JudgmentsAmendments to pleadings should generally be permitted, so long as that can be done without causing prejudice to the opposing party that cannot be compensated by an award of costs or other terms, as the purpose of the Rules is to ensure, so far as possible, a fair trial of the real issues in dispute between the parties. [...] The parts of the Notice of Appeal that deal with the conduct of the appeals officer or the Respondent are not relevant in determining the validity of the assessment and therefore are not material facts that relate to the relief that is being sought under section 171 of the Act. [...] However, in my opinion, the Notices of Appeal are improperly prepared because they deal with evidence and facts that are not material and other irrelevant statements;
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2,979.
Glynn v. The Queen - 2007 TCC 83 - 2007-03-13
Tax Court of Canada Judgments(ii) to a person with whom the taxpayer was dealing at arm's length of any property that is [...] (iv) a debt owing to the taxpayer by a Canadian-controlled private corporation (other than, where the taxpayer is a corporation, a debt owing to it by a corporation with which it does not deal at arm's length) 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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2,980.
Montréal Timbres et Monnaies Champagne Inc. v. The Queen - 2005 TCC 186 - 2005-06-10
Tax Court of Canada Judgments[12] A second reason for rejecting bank deposits as a reliable method of determining sales is that the appellant's business included in a fairly substantial measure the cashing of cheques for a fee. [...] Rather, we are dealing with a business in which stamps, coins and used jewellery are bought and sold, frequently for cash. [...] A case of this sort would have required a good deal more organization than was apparent here.
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2,981.
Muhammed v. Canada (Minister of Citizenship and Immigration) - 2003 FC 828 - 2003-07-03
Federal Court DecisionsHere I should add that section 69.1(9.1) of the former Immigration Act gave directions to the tribunal as to dealing with the situation where there is no credible basis for a claim. [...] 11. Generally speaking it is not for the Courts to deal with allegations of incompetence of counsel: see Williams v. Minister of Employment and Immigration (1994), 74 F.T.R. 34 (T.D.), at p. 38. [...] These are matters over which Appellant had no control and they must not be allowed to deprive him of the full and fair trial to which he is entitled.
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2,982.
Leclerc v. The Queen - 2001-06-22
Tax Court of Canada JudgmentsThe appellant argued that the property was not acquired for consideration lower than its fair market value. [...] (d) the property's fair market value on January 28, 1987, was $73,000; [...] [29] This conclusion means that I do not have to deal with counsel for the respondent's alternative argument.
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2,983.
Williams v. The Queen - 2000-07-24
Tax Court of Canada Judgments(c) a person with whom the person was not dealing at arm's length, the following rules apply: [...] (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 [...] All that is required is that the husband should so deal with the property as to divest himself of it and vest it in his wife, that is to say, pass the property from himself to her.
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2,984.
Cae Machinery Ltd. v. Valon Kone Brunette Ltd. - 1999-08-25
Federal Court Decisions[7] It is not clearly plain, obvious and beyond doubt that paragraph 9 discloses no reasonable defence, is immaterial or may delay the fair trial of the action. [...] [15] I do not need to deal with section 13(c) in that it refers back to the prior art listed in paragraphs 13(a) and 13(b), which have already been dealt with. [...] Now a pleading refers to a fairly limited number of specific documents.
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2,985.
Walker v. The Queen - 1999-02-19
Tax Court of Canada JudgmentsHis background and his other land dealings in those years are relevant facts to be considered in determining the Appellant's intention with respect to the two properties in issue. [...] [4] I propose to deal with the Bruce Street property first. As a result of persistent flooding, a number of homes in the flood-plain area in Cambridge were slated for demolition. [...] Indeed, in my view, it is a fair inference to find that the proposal itself originated with White with this consequence in mind.
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2,986.
Alberta Wilderness Assn. v. Canada (Minister of Fisheries and Oceans) - 1998-04-24
Federal Court Decisions[6] Before considering the merits of the motion to intervene I will deal with the oral motion of counsel for Cardinal River Coals Ltd. for an adjournment. [...] (1997) 122 F.T.R. 81, points out that the effects of projects governed by the CEAA must be addressed and carefully assessed: see his consideration of fairness and aboriginal interests at page 96 and following. [...] Counsel for the Treaty 8 First Nations proposed a schedule which, when modified, allowed others to properly deal with their intervention.
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2,987.
Mcleod Lake Indian Band v. Chingee - 1997-12-05
Federal Court DecisionsThere are only a limited number of cases dealing with this section, however, they offer substantial guidance. [...] At least some of the affidavit material deals with the custom of the McLeod Lake Indian Band. [...] Given that some of the affidavit evidence exhibits a fair degree of irrelevant animosity, the affidavits are suspect and as such inadequate to determine the real issues.
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2,988.
Moules Industriels (C.H.F.G.) Inc. v. The Queen - 2018 TCC 85 - 2018-05-03
Tax Court of Canada Judgments(e) the amount that any holder of the shares is entitled to receive on the redemption, cancellation or acquisition of the shares by the corporation or by any person with whom the corporation does not deal at arm’s length cannot exceed the total of an amount equal to the fair market value of the consideration for which the [...] (i) shares of the capital stock of the corporation having a fair market value of more than 50% of the fair market value of all the issued and outstanding shares of the capital stock of the corporation, or [...] (ii) the fair market value of all the issued shares of the capital stock of the holding corporation outstanding at that time;
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2,989.
Immigration Consultants of Canada Regulatory Council v. Bansal - 2022 FC 1070 - 2022-07-19
Federal Court DecisionsA decision-maker's reasoning may affect both the substantive reasonableness and the procedural fairness of a decision (see Vavilov at para 81). [...] I will deal with these two preliminary issues before conducting my substantive review of the Decision. [...] They help to show affected parties that their arguments have been considered and demonstrate that the decision was made in a fair and lawful manner.
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2,990.
Rae v. Canada (National Revenue) - 2015 FC 707 - 2015-06-03
Federal Court Decisions[45] Moreover, the Minister submits that the litigation plan is inadequate as it fails to deal with the contingencies arising from the litigation. [...] I agree with the Minister that the resolution of this claim may provide guidance in dealing with other taxpayers’ claims. [...] (2) Le membre présente une requête en vue de faire autoriser l’instance comme recours collectif et de se faire nommer représentant demandeur.
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2,991.
Almrei v. Canada (Citizenship and Immigration) - 2014 FC 1002 - 2014-10-23
Federal Court DecisionsII. THE PROCEDURAL FAIRNESS LETTER [13] The September 6, 2013 Procedural Fairness letter states, among other things: [...] The doctrine evokes the public interest in a fair and just process and the proper administration of justice. [...] [56] The information about the applicant’s unlawful dealing in identity documents was known to the immigration authorities when the decision was made to proceed against him on national security grounds.
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2,992.
Deol v. Canada (Minister of Citizenship and Immigration) - 2002 FCA 271 - 2002-06-21
Federal Court of Appeal DecisionsThe sixty days within which a person may reply to the fairness letter with additional material was the window of opportunity for posting a letter of credit. [...] [42] In my view, the duty of fairness does not require a visa officer to disclose the existence or details of the Manitoba bonding program. [...] [50] Counsel for the appellant was prepared to concede for the purpose of this appeal that, as Muldoon J. found, the protection of the Charter does not apply to Mr. Singh in his dealing with the Canadian government abroad.
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2,993.
Shadow Lai v. Canada (Citizenship and Immigration) - 2013 FC 563 - 2013-05-29
Federal Court Decisions2. Did the officer violate procedural fairness? 3. Did the officer err in denying the application? [...] [18] In conclusion, the applicant argues the decision was unreasonable and breached procedural fairness. [...] [33] Because of my finding on this issue, I need not deal with the remaining arguments.
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2,994.
Llana v. Canada (Citizenship and Immigration) - 2011 FC 1450 - 2011-12-12
Federal Court DecisionsAlbania was also seen as making serious efforts to address blood feuds with increased penalties and a serious crimes court dealing with the issue. [...] (b) Did the Board breach procedural fairness in addressing the Applicants’ claim? [...] B. Did the Board Breach Procedural Fairness in Addressing the Applicants’ Claim?
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2,995.
Canadian Union of Public Employees v. Canada (Attorney General) - 2018 FC 518 - 2018-05-16
Federal Court Decisions[76] The AGC also points to the Aeronautics Act, which requires specific regulations to be pre-published, for example, those dealing with land use (section 5.5) but does not require prepublication of the type of regulations being challenged. [...] [160] Although CUPE places a great deal of reliance on trends in the UK law and submits that Bates is no longer authoritative in the UK, CUPE does not acknowledge the distinctions in the UK jurisprudence between statutory duties to consult − where the UK courts have been more willing to find a breach of procedural fairness [...] B. There is no general duty of procedural fairness and there was no breach of procedural fairness
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2,996.
Verville v. Canada (Service correctionnel) - 2004 FC 767 - 2004-05-26
Federal Court Decisions[17] The report also deals with the post of correctional officers working in living units A to H and confirms the position taken in the order of September 24, 2001. [...] (2) L'employé ne peut invoquer le présent article pour refuser d'utiliser ou de faire fonctionner une machine ou une chose, de travailler dans un lieu ou d'accomplir une tâche lorsque, selon le cas_: [...] The more central the evidence is to the issue to be decided, the greater the obligation on the decision-maker to deal with it specifically.
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2,997.
Cervenakova v. Canada (Citizenship and Immigration) - 2012 FC 525 - 2012-05-03
Federal Court DecisionsFurther, the Minorities Report showed it is easer now than in the past for people like the Applicant to complain about unfair dealings with the police on the basis of ethnicity. [...] No Breach of Procedural Fairness [50] The Respondent says the Applicant’s right to procedural fairness was not violated by her previous counsel’s incompetence. [...] In the end, the Applicant did not get a fair hearing. [59] The Applicant clearly stated at the hearing that Mr. Kubes was her lawyer and there was evidence on the record of the RPD dealing with Mr. Kubes.
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2,998.
Omeyaka v. Canada (Public Safety and Emergency Preparedness) - 2011 FC 78 - 2011-01-24
Federal Court DecisionsThe Court also pointed out that the ultimate test to be considered concerned the fairness of the trial: [...] • The applicant claims that she has been aware of her problems since 2009 but did not bring them to the IAD’s attention until long after the decision was made to require her to appear for a hearing to deal with the matter. [...] It is certain, with Baker, that the interests of the children are one factor that an immigration officer must examine with a great deal of attention.
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2,999.
Zheng v. Canada (Citizenship and Immigration) - 2011 FC 1096 - 2011-09-26
Federal Court Decisions[2] Mr. Zheng seeks judicial review of the Board’s decision, alleging that he was denied a fair hearing. [...] According to Mr. Zheng, the Board failed to deal properly with his request to file an amended Personal Information Form (or “PIF”) after the completion of his refugee hearing. [...] I am further satisfied that having properly addressed Mr. Zheng’s request, the Board did not deny him a fair hearing.
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3,000.
Sothiratnam v. Canada (Citizenship and Immigration) - 2009 FC 1055 - 2009-10-16
Federal Court Decisions[2] Ms. Sothiratnam asserts that she was denied procedural fairness in relation to this determination. [...] [3] For the reasons that follow, I am not persuaded that Ms. Sothiratnam was denied procedural fairness in this matter. [...] [19] Ms. Sothiratnam bears the burden of establishing that there has been a breach of procedural fairness in this case.