11,312 result(s)
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3,101.
McNair v. Canada (Chief Electoral Officer) - 2024 FC 948 - 2024-06-19
Federal Court Decisions[5] I deal next with the issues of procedural fairness and reasonableness in turn. [...] She concluded, on the record before her, that the Applicants have not made out a serious issue as it relates to a denial of procedural fairness: McNair, at paras 23-34. [...] In considering the Applicants’ procedural fairness arguments, Justice Furlanetto had the applicable review standard in mind, that is, whether the process was fair in the specific context: McNair, above at para 23, citing Taseko Mines Limited v Canada (Environment), 2019 FCA 320 at para 31.
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3,102.
Hekmatian v. Canada (Citizenship and Immigration) - 2024 FC 515 - 2024-04-03
Federal Court DecisionsThe Respondent further states that the arguments raised do not actually give rise to a procedural fairness issue. [...] • b)Was there a breach of procedural fairness? [6] Both parties agree on the applicable standard of review. [...] Section 216(1)(b) of the Immigration and Refugee Protection Regulations [IRPR] deals with applications for study permits.
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3,103.
Ndikumana v. Canada (Citizenship and Immigration) - 2017 FC 328 - 2017-03-29
Federal Court Decisions1. Procedural fairness [11] Ms. Ndikumana alleged that there was a breach of procedural fairness in not allowing her to respond to the credibility issues raised by the Officer. [...] I therefore do not find any breach of procedural fairness in this case. [...] [19] In this case, it would not be unreasonable to find that Ms. Ndikumana will continue to benefit from the ADR, and that she will not have to deal with current conditions in Burundi.
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3,104.
Ilaslan v. Hospitality & Service Trades Union - 2013 FCA 150 - 2013-06-06
Federal Court of Appeal DecisionsIn his view, this constitutes a breach of the Board’s duty to act fairly. [...] [8] The applicant also deals at length with his communications with Ms. Martel, the Health and Safety officer at the NAC, and what she says in the statement that was filed before the Arbitrator and the Board. [...] On May 17, 2012, the Board dismissed the applicant’s complaint that his union had failed to fairly represent him in his termination grievance.
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3,105.
Tran v. Canada (Public Safety and Emergency Preparedness) - 2009 FC 1078 - 2009-10-23
Federal Court DecisionsThe sole remaining issue is whether the applicant was denied procedural fairness in the process leading up to the ID hearing. [...] Justice Zinn concluded that this was simply an administrative process and did not amount to a breach of procedural fairness. [...] As I have not found that there was a breach of procedural fairness in this case, I do not consider it necessary to deal with that argument.
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3,106.
Trudgian v. Canada - 2001 FCT 1270 - 2001-11-20
Federal Court DecisionsFinally, the interests of the RCMP in maintaining its high reputation, including a reputation for fairness, and the efficacy of its training program were at stake. [...] While I propose to deal with counsel's submissions I do not wish to be taken as holding that the requirements applied in an application for judicial review are those which should be applied in an action for breach of a private contract. [...] ___When I review the procedures followed in this case I am satisfied that Dr. Phillips' evaluation and appeals were handled fairly.
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3,107.
Liang v. Canada (Minister of Citizenship and Immigration) - 1999-08-17
Federal Court DecisionsHe pointed to a provision in the Immigration Manual dealing with the authority of program managers in visa offices abroad to waive the normal selection criteria on H. & C. grounds. [...] [30] In my opinion, the applicant has not established a breach of duty of fairness in the refusal of the H. & C. request. [...] However, in my opinion the duty of fairness normally only requires reasons to be given on the request of the person to whom the duty is owed and, in the absence of such a request, there will be no breach of the duty of fairness.
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3,108.
Reiss Estate v. The Queen - 1998-03-02
Tax Court of Canada JudgmentsThis City Council would not be in a good position to deal with major rezoning applications that differ from what it was itself proposing. [...] He also indicated that there is a fairly significant uphill slope to the lands. [...] Hence, she concluded that they did not meet the definition of fair market value.
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3,109.
Bioartificial gel technologies (Bagtech) inc. v. The Queen - 2012 TCC 120 - 2012-04-12
Tax Court of Canada JudgmentsAre we dealing with provisions in the nature of a unanimous agreement or provisions of an entirely different nature? [...] 52 The second aspect of the agreement deals with questions relating to ownership of shares and not the management of the corporation. [...] 11.6.4 in the case of the event referred to in subparagraph 11.2, 75% of the Fair Market Value of the Shares Offered;
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3,110.
Ross v. Canada - 2001 FCT 1396 - 2001-12-17
Federal Court DecisionsFair Hearing [17] This application is based on the ground that the applicant did not have a fair hearing. [...] [20] In these circumstances, the duty of procedural fairness was met. [...] This is subject to the exercise of judicial discretion and in this respect it will be essential that the requirements of prison discipline be borne in mind, just as it is essential that the requirements of the effective administration of criminal justice be borne in mind when dealing with applications for certiorari before
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3,111.
9107-7438 Québec Inc. v. Trust Express Inc. - 2022 FC 1197 - 2022-08-15
Federal Court DecisionsI will deal with each paragraph individually. [24] Paragraph 23.2 – I see no difficulty with this paragraph. [...] In any event, I need not deal with that issue as I have already refused to accept this amendment. [...] a) l’objet de la modification est de faire concorder le document avec les questions en litige à l’audience;
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3,112.
Erasmo v. Canada (Attorney General) - 2014 FC 1096 - 2014-11-19
Federal Court DecisionsGiven the engagement of section 7 rights upon risk of incarceration (Malmo-Levine) and the acknowledgement of guarantees of procedural fairness (Charkaoui), the Applicant submits that section 743.5 of the Criminal Code and 139 of the CCRA do not entail a fair judicial process (R v Malmo-Levine, [2003] 3 SCR 571 at para 89 [...] While the Applicant is correct that there is no hearing to challenge the fairness of the process, the process itself is a basic calculation based on sentences established in previous hearings, that themselves provided the Applicant with adequate notice of procedural fairness, as required by the principles of fundamental [...] [38] Dealing with section 1 of the Charter, the Applicant states that since the Applicant has established a violation of his Charter rights, the onus shifts to the Respondent to justify its infringements under section 1.
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3,113.
Holdenried v. Canada (Attorney General) - 2012 FC 707 - 2012-06-12
Federal Court DecisionsWe are not dealing with a preliminary dispute over jurisdiction and thus Justice Tremblay-Lamer’s comments are of limited utility. [...] b) recommander de lui faire suivre une formation spéciale; c) recommander de le faire bénéficier des conseils d’un spécialiste; [...] (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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3,114.
Canada (Citizenship and Immigration) v. Abdul - 2009 FC 967 - 2009-09-25
Federal Court Decisions4) Did the IAD conduct a breach of procedural fairness by using boilerplate reasons from another decision with a similar set of facts? [...] In any event, I will deal with this issue. [40] The applicant specifically objects to the failure of the IAD to deal with the militating factors the Minister’s counsel submitted during the hearing against granting “special relief” to the mother. [...] Issue No. 4: Did the IAD conduct a breach of procedural fairness by using “boilerplate reasons” from another decision with a similar set of facts?
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3,115.
Adamson v. The Queen - 2002-03-15
Tax Court of Canada Judgments(a) may prejudice or delay the fair hearing of the action, (b) is scandalous, frivolous or vexatious, or [...] Similarly, I find nothing in paragraph 3 that may prejudice or delay the fair hearing of the appeal for 1998. [...] The purpose of this legislative provision is to allow Revenue Canada, Taxation, to administer the tax system more fairly, by allowing for the application of common sense in dealing with taxpayers who, because of personal misfortune or circumstances beyond their control, are unable to meet deadlines or comply with rules
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3,116.
Kaczmar v. Canada (Attorney General) - 1999-07-30
Federal Court Decisions[7] Dealing with Kaczmar"s application first, he objects to the denial of access to the scoring manual and the exclusion of names from the list of candidates whose test materials will be disclosed. [...] Is there a rationale for dealing with the list at some date other than the date of its creation? [...] More importantly, subsequent events do not alter the fairness and consistency of the ranking.
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3,117.
Bow River Pipe Lines Ltd. v. The Queen - 1998-05-01
Tax Court of Canada Judgments[4] In order to deal with what has been remitted to this court by the Court of Appeal eleven of the steps taken in the failed attempt by the appellant to secure a tax-free rollover under subsection 98(5) shall be reviewed. [...] The fair market value is said to be $12,276,297. The witness treated the fair market value of an interest in a partnership as being synonymous with the fair market value of the Canadian resource property on the termination of the partnership.[9] The appellant argued that the cost to it of acquiring those properties was [...] He was, however, with respect, wrong to think that these taxpayers, the respondents, had given up the fair market value of their quotas when they renewed their licences.
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3,118.
Havi Global Solutions LLC v. IS Container PTE Ltd. - 2020 FC 803 - 2020-07-30
Federal Court Decisions[27] Thus, it is fair to say that each case will involve a different weighing depending on the individual circumstances before the decision maker (Solvay Pharma Inc. v. Apotex Inc., [2007] F.C.J. No.1190 (QL) at para. 12, 2007 FC 913). [...] The difficulty is that a supplementary affidavit ought not to deal with material which could have been made available at an earlier date. [...] [78] On appeal, the Defendant Owner reargues its position and disagrees that any procedural fairness or prejudice is remedied by the provisions of the Order.
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3,119.
Stanley J. Tessmer Law Corporation v. The Queen - 2013 TCC 27 - 2013-01-28
Tax Court of Canada JudgmentsThe relevant facts put forward may cover a wide spectrum dealing with scientific, social, economic and political aspects. [...] A respondent cannot, by simply consenting to dispense with the factual background, require or expect a court to deal with an issue such as this in a factual void. [...] This went to the fairness of the trial and to the issue of fundamental justice.
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3,120.
Nguyen v. The Queen - 2008 TCC 675 - 2008-12-18
Tax Court of Canada JudgmentsHo stated that even though Nguyen did not speak much English, she could carry out banking and deal with financial matters. [...] In her opinion, it was not unusual to deal in cash or to keep it in her residence. [...] The Appellant exchanged money regularly in fairly small amounts and monitored the exchange rate and to some extent relied on the advice of Ho as to the most efficient method of dealing with the money that was brought to Canada over the course of more than 2 years.
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3,121.
The Tzeachten First Nation v. Canada (Attorney General) - 2008 FC 928 - 2008-07-30
Federal Court Decisions[26] The duty to consult and accommodate is part of the process of fair dealing and reconciliation (Haida Nation, above, at para. 32). [...] These cases are helpful to the extent that they deal with qualifying the nature of the harm to a claimed Aboriginal right or title. [...] In the present case we are dealing with a relatively undeveloped piece of land capable of serving multiple interests.
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3,122.
Chua v. Canada (Minister of National Revenue) - 2000-09-12
Federal Court DecisionsIn 1991, there was no fair notice of the Third Protocol to the Applicant when she could have resorted to the U.S. courts. [...] It deals with a variety of tax issues for the mutual benefit of the signatories. [...] However, I cannot see how procedural fairness is accorded to the Applicant and other Convention citizens.
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3,123.
Drummond v. M.N.R. - 1998-04-24
Tax Court of Canada JudgmentsThe Court must also be mindful of Practice Note no. 10 of the Court dated July 23, 1997 dealing with settlements. [...] [70] Section 104(3) of the Employment Insurance Act is the only provision dealing with travel and other allowances, including compensation for loss of remunerative time. [...] [75] In the Court Rules dealing with employment insurance appeals there are no provisions in those rules expressly devoted to costs.
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3,124.
Democracy Watch v. Canada (Attorney General) - 2019 FC 388 - 2019-03-29
Federal Court Decisions8. Un lobbyiste ne doit pas faire de lobbying auprès d’un titulaire d’une charge publique avec lequel il entretient une relation qui pourrait vraisemblablement faire croire à la création d’un sentiment d’obligation. [...] (c) dealing with the matter would serve no useful purpose because of the length of time that has elapsed since the matter arose; or [...] (d) there is any other valid reason for not dealing with the matter.
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3,125.
William Head Institution v. Canada (Commissioner of Corrections) - 1999-03-10
Federal Court DecisionsShould be provided, on a fair and consistent basis, to help maintain family and community ties and to provide a direct link with families [...] (g) that correctional decisions be made in a forthright and fair manner, with access by the offender to an effective grievance procedure; [...] Here we are dealing with security matters, as Mr. Montminy has explained in his affidavit.