11,312 result(s)
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3,001.
Douziech v. The Queen - 2000-05-15
Tax Court of Canada JudgmentsYou have referred me to two publications of CCH, a well-known legal publisher, and those publications are authored by people who have a good deal of experience in the field, and they refer to this practice. [...] As I said, I am bound to apply the law, not administrative practices, and not my view of what would be fair or unfair. [...] Act to recommend a remission to the Governor-in-Council, and you may wish to take up with your Member of Parliament or with the Minister directly, the question of whether or not you have been treated fairly here, and if in fact you have not been treated fairly, whether a remission order ought to be sought for your benefit.
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3,002.
Laflamme v. Canada (Correctional Service) - 1998-07-14
Federal Court Decisions. . . (i) is in possession of, or deals in, contraband; 40. Est coupable d'une infraction disciplinaire le détenu qui: [...] Thus, the applicant does not appear to have been treated fairly, as he could not have known precisely to which charge he had to answer. [...] 33. (1) Le Service doit veiller à ce que toutes les auditions disciplinaires soient enregistrées de manière qu'elles puissent faire l'objet d'une révision complète.
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3,003.
Tong v. Canada (Minister of Citizenship and Immigration) - 1997-10-31
Federal Court Decisions2. Is an applicant denied procedural fairness when the Minister denies him access to his complete medical file for the purpose of responding to the assessment of the medical officers? [...] I had occasion to deal with this issue in a recent decision2. One of the issues in Fei was whether a visa officer is under a duty to request and obtain the information necessary to confirm the reasonableness of the opinion of the medical officer. [...] 2. Procedural Fairness The applicant submits that the Vice-Consul's letter only identifies his medical condition.
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3,004.
Mitra v. Canada (Citizenship and Immigration) - 1996-11-19
Federal Court DecisionsIn order to help her deal with immigration authorities, Ms. Mitra retained Jessie Horner, a Barrister and Solicitor working with the West Coast Domestic Worker's Association to help her. [...] A public authority is required to exercise its discretionary power fairly and impartially. [...] I am satisfied that there has indeed been a breach of the duty of fairness owed to the applicant.
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3,005.
Waldron v. Canada (Attorney General) - 2024 FCA 2 - 2024-01-05
Federal Court of Appeal Decisions[95] Where the honour of the Crown is engaged in negotiations, it requires among other things that the Crown’s representatives not engage in, or even appear to engage in, “sharp dealing”: Manitoba Metis at para. 73. [...] But here it has not been submitted, as I understand it, that there was any “sharp dealing” in the negotiation of a settlement agreement that was judicially approved as fair and reasonable. [...] However, I will deal briefly with some further aspects of this question.
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3,006.
Canada (Attorney General) v. Hotte - 2005 FC 246 - 2005-02-14
Federal Court DecisionsAnd third, courts now generally defer a determination of an allegation that an administrative decision-maker has no jurisdiction over a matter or has breached the duty of fairness until the administrative process is complete. [...] 33. Subject to section 32, the Commission shall deal with any complaint filed with it unless in respect of that complaint it appears to the Commission that [...] (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;
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3,007.
James v. Canada - 2000-12-21
Federal Court of Appeal DecisionsThe Income Tax Act does not stipulate any consequence for a failure on the part of the Minister to deal with a notice of objection with all due dispatch. [...] If Bolton stands, then regardless of the reason for the ten year delay in dealing with the objections, Mr. James cannot obtain the remedy he seeks. [...] Bolton was decided after those cases, and deals squarely with the issue of remedy.
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3,008.
Aboubeck v. Canada (Citizenship and Immigration) - 2022 FC 216 - 2022-02-17
Federal Court DecisionsFirst, it found that the RPD had not breached procedural fairness by not holding a hearing. [...] [10] In my view, Mr. Aboubeck failed to discharge his burden of showing that a breach of procedural fairness had occurred. [...] It must be inferred that the portions of that decision dealing with Mr. Aboubeck’s credibility remained valid and that the RPD could not reconsider that issue.
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3,009.
Kosolapova v. Canada (Citizenship and Immigration) - 2014 FC 458 - 2014-05-13
Federal Court Decisions[4] Dealing first with the moratorium issue, the applicant, Ms. Shibanova, is the aunt of the Canadian relative and not a parent. [...] [8] Turning now to the applicants’ procedural fairness argument, I note that the decision that is currently before the Court is the Immigration Officer’s first decision: the January 11, 2013 refusal of the applicants’ H&C application, and not the March 26, 2013 reconsideration decision. [...] [9] Any irregularity that may have occurred in connection with the reconsideration decision has no bearing on the reasonableness or the fairness of the original decision, which is the subject of this application, and no breach of procedural fairness has been demonstrated with respect to the January 11, 2013 decision.
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3,010.
Canadian Union of Public Employees, Airline Division, Canadian Airlines Component v. Canadian Union of Public Employees, Airline Division, Air Canada Component - 2006 FCA 10 - 2006-01-10
Federal Court of Appeal DecisionsIt is obvious from the thoughtful reasons of the Arbitrator that he carefully considered the submissions of the parties and then crafted an integration policy which he felt was both fair and equitable. [...] [6] It was not patently unreasonable for either the Arbitrator or the Board to conclude on the facts of this dispute that it would be inconsistent with principles of fairness and equity to slavishly apply the policy. [...] [7] In light of our conclusion, on the merits, it is not necessary to deal with the Applicants' request for continued dues deductions from CUPE-CAC members.
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3,011.
Crowe v. The Queen - 2000-07-25
Tax Court of Canada Judgments[7] The Minister says that the Appellant did not contribute to an RRSP in the name of the spouse and that as such disposes of the issue in terms of how the Tax Court is required to deal with it. [...] [14] Moreover, the Appellant has made a plea for a remedy on the basis of fairness. [...] I do know that it is not within the jurisdiction of this court to refer the matter to the Fairness Committee.
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3,012.
Bell Canada v. Canada (Attorney General) - 2011 FC 1120 - 2011-09-29
Federal Court DecisionsI agree that the Cabinet is constrained under subsection 64(1), when varying a Commission order, to deal with the same type or kind of order as the Commission was dealing with. [...] The basis for the broad reach of this remedy is the general duty of fairness resting on all public decision-makers. [...] Hence, the Cabinet has jurisdiction to deal with the Petition, including the competitive bidding issue.
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3,013.
Gardave v. The Queen - 2005 TCC 369 - 2005-06-07
Tax Court of Canada JudgmentsThey advised the Appellant that he could not appeal the October 29, 2004 reassessment of his 1991 year because it was issued under the fairness provisions and was thereby not appealable. [...] It is beyond the jurisdiction of this Court to consider questions relating to the use of the fairness provisions and that is all that this appeal is really about. [...] Based on the submissions it seems likely that none of these assertions reflect more than the Appellant's frustration with the Respondent relying on procedural rules which would deny him his proper interest adjustment as opposed to dealing with his complaint on the merits.
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3,014.
Soto v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 818 - 2001-07-20
Federal Court DecisionsIn my view, this judicial review application can be resolved by determining the second issue, namely, whether the respondent breached a duty of fairness when the PCDO did not, prior to making her decision, provide the applicant with a copy of the risk assessment so that Mr. Soto could comment on it. [...] Counsel for the respondent points out the Federal Court of Appeal has held a PCDO does not breach the duty of fairness in relying on documents that are in the public domain and contain information as to general country conditions citing Mancia v. Canada (Minister of Citizenship and Immigration), [1998] 3 F.C. 461 (C.A.). [...] I need not deal with the applicant's first submission concerning the negligence or incompetence of the immigration consultant he retained.
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3,015.
Sekhon v. Canada (Minister of Citizenship and Immigration) - 2001-01-29
Federal Court DecisionsThe Immigration Officer accepted that the Applicant "has fairly large-scale inventory management experience as well as experience operating his own farm". [...] Evidence - ...Duties include ordering, handling deliveries, making bank deposits, staff management, paying accounts, dealing with customs, marketing, and dealing with customers... [...] The company deals in the export of pulp, lumber, lead, zinc and grain.
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3,016.
Jeffs v. The Queen - 1999-05-07
Tax Court of Canada JudgmentsCounsel for the respondent says the appellant was in a position to kill the deal and that is what he should have done. [...] (c) he might have endeavoured to persuade the real estate agents to give up part of their commission on the basis that if they did not do so, the deal would fail. [...] [23] We are not dealing here with an isolated director who is powerless to do anything to change the course of events.
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3,017.
Niaki v. Canada (Attorney General) - 2006 FC 1104 - 2006-09-18
Federal Court Decisions3. Was the applicant denied procedural fairness? RELEVANT STATUTORY PROVISIONS [...] I shall thus use this approach to examine the applicant’s arguments alleging a breach of procedural fairness. [...] This is clearly a question of mixed fact and law, calling for a fair amount of deference.
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3,018.
Nevsun Resources Ltd. v. Delizia Limited - 2016 FC 393 - 2016-04-08
Federal Court DecisionsThis Judgment deals only with the Nevsun matter; the Sunridge appeal is dealt with separately in this Court file. [...] This Judgment deals only with Nevsun. The Sunridge matter is dealt with separately in the same Court file. [...] (a) the order deals with a question vital to the final issue of the principal matter;
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3,019.
Pereira v. Canada (Attorney General) - 2017 FCA 238 - 2017-12-06
Federal Court of Appeal DecisionsHaving read the transcript of the hearing, I conclude that the hearing in the Tax Court was procedurally fair in all respects. [...] In this case, this Court should not deal with issues that were not before the Tax Court. [...] [15] The Tax Court had no jurisdiction to deal with this ground. The Tax Court can deal only with the validity of an assessment, not enforcement action taken by the Canada Revenue Agency.
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3,020.
Cogesco Services Limited v. Canada (Attorney General) - 2013 FC 1238 - 2013-12-11
Federal Court Decisions[6] The second question deals with the unreasonableness of the decision to refuse the relief. [...] The problem is that the applicant does not dispute that the decision of the Federal Court of Appeal deals with the question. [...] The conclusion at the end of paragraph 16 seems to deal with the question:
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3,021.
Labrecque v. M.N.R. - 1998-08-18
Tax Court of Canada Judgments(r) the appellant and the payer are not dealing with each other at arm’s length within the meaning of the Income Tax Act . . . . [...] . . . (s) if the appellant had been dealing with the payer at arm’s length, she would not have been hired to do work such as this. [...] The parties would have entered into a substantially similar contract of employment if they had been dealing with each other at arm’s length.
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3,022.
Levi Strauss & Co. v. Manager Clothing Inc. - 1997-11-14
Federal Court Decisions[5] Before dealing with the various categories, it is necessary to have some understanding of the background and the issues at stake. [...] [11] This category deals with advertising and promotion of the Defendant's garments. [...] [15] This category deals with the type of business in which the Defendant is generally involved.
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3,023.
Fahmy v. Canada (Citizenship and Immigration) - 2015 FC 865 - 2015-07-14
Federal Court Decisions[8] A great deal of paper was filed as to what happened to Mr. Adly and as to the more recent treatment of Coptic Christians in Egypt. [...] [12] As to the plight of Coptic Christians generally, a great deal of documentation was filed with respect to attacks on churches, religious buildings and the private property of Christians following the ouster of President Morsi in July 2013. [...] That decision put paid to the proposition that inadequate reasons constituted a breach of the duty of procedural fairness.
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3,024.
Brown v. Canada (Attorney General) - 2010 FCA 148 - 2010-06-03
Federal Court of Appeal Decisions[4] Before dealing with the merits, there are two preliminary matters to be dealt with. [...] [5] The second preliminary matter deals with the notice of constitutional question filed by Ms. Brown, as required by section 57 of the Federal Courts Act R.S.C. 1985 c. F-7. [...] The relevant facts put forward may cover a wide spectrum dealing with scientific, social, economic and political aspects.
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3,025.
Klochek v. Canada (Citizenship and Immigration) - 2010 FC 474 - 2010-04-30
Federal Court DecisionsIt is unnecessary, therefore, to deal with her other arguments. II. The Officer’s Decision [...] [5] The officer then analyzed relevant documentary evidence relating to issues such as arrest and detention, the availability of fair trials, and conditions in Belarus prisons. [...] [12] The officer failed to deal with an important question arising from Ms. Klochek’s application.