11,312 result(s)
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3,151.
Jakutavicius v. Canada (Attorney General) - 2011 FC 311 - 2011-03-15
Federal Court Decisions[13] In her affidavit, Ms. Jakutavicius expresses her view that there were unnecessary and lengthy delays and a lack of transparency and fairness on the part of management in deciding not to refer her position to a classification review. [...] [24] On February 3, 2009, Ms. Jakutavicius’ counsel sent the respondent a letter outlining the delay in dealing with his client’s classification review, her ultimate “victory,” and the injuries she suffered, which allegedly included damage to her reputation, lost opportunities for career advancement, a loss of privacy, and [...] [28] The applicant has not alleged that her right to procedural fairness was breached because the reasons for the decision are inadequate.
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3,152.
Brown v. The Queen - 2009 TCC 28 - 2009-01-13
Tax Court of Canada JudgmentsI do not propose to go into a great deal of detail about the business. [...] I think it is fair to say that he presented no meaningful evidence whatsoever to discharge the onus in respect of any of the assessments. [...] I think it is fair to say that in some respects he understated the input tax credits, and in many respects, he overstated them.
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3,153.
Mitchell v. Canada (Citizenship and Immigration) - 2008 FC 918 - 2008-07-28
Federal Court Decisions[6] In her affidavit she raises no claims with respect to her dealings with the Officer. [...] 99.(3) Celle de la personne se trouvant au Canada se fait à l’agent et est régie par la présente partie; toutefois la personne visée par une mesure de renvoi n’est pas admise à la faire. [...] [33] The Applicants further submit that since a refugee protection claim triggers section 7 of the Charter a claimant must be accorded fundamental justice which includes the notion of procedural fairness.
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3,154.
Kaur Barm v. Canada (Citizenship and Immigration) - 2008 FC 893 - 2008-07-21
Federal Court Decisionsa) directement ou indirectement, faire une présentation erronée sur un fait important quant à un objet pertinent, ou une réticence sur ce fait, ce qui entraîne ou risque d’entraîner une erreur dans l’application de la présente loi; [...] [...] [10] Although the Applicant has framed the issues in this case as ones of procedural fairness (arguing that the IAD ignored or misconstrued evidence before it) I find that her submissions challenge the IAD's findings of fact. [...] She argues that the IAD’s findings regarding her misrepresentation tainted its assessment of this factor, and thus the IAD failed to deal with this issue fairly and fully.
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3,155.
Gifford v. Canada (Attorney General) - 2007 FC 606 - 2007-06-06
Federal Court DecisionsIs that a fair description of what happened? I mean, I’m just going by what you said. [...] The only limitation on her changing of the charge was that it must not deny fairness to the Applicant. [...] In the present case, the issue is squarely raised and I must deal with it.
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3,156.
Parenteau c. La Reine - 2006 TCC 333 - 2006-03-28
Tax Court of Canada JudgmentsHe also found that, in the circumstances, the fair market rental value was totally inappropriate for measuring the value of the benefit conferred on the appellant because that fair market rental value bore no relation to the actual costs of that benefit. [...] The employer is responsible for reasonably estimating the amount of such a benefit, which would normally be considered to be the fair market rent for equivalent accommodation had the employee rented from a third party, less any rent paid. . . [...] I emphasize that these were contracts between people who were dealing with each other at arm's length, and that I have absolutely no evidence suggesting that the corporation that owned the condominium granted a special price or rebate on the rent.
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3,157.
Ahmad v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 592 - 2003-05-15
Federal Court Decisions[24] The applicant submits that the immigration counsellor did not undertake a full and fair review of the humanitarian and compassionate considerations. [...] Rather, the interests of the child must be "well identified and defined" (Legault, at para. 12) and "examined . . . with a great deal of attention" (Legault, at para. 30). [...] [42] Because of my decision on Issue 1, I need not deal with the remaining issues.
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3,158.
Stoney Band v. Canada (Indian and Northern Affairs) - 1997-05-16
Federal Court DecisionsConversion is a tort committed by someone who deals with a chattel that does not belong to him or her in a manner inconsistent with the rights of the lawful owner, thereby depriving the owner of use and possession. [...] Reliance on the provincial tort law governing conversion is not fatal given the existing fairly detailed statutory framework. [...] However, the jurisdictional boundaries of the Federal Court do not always result in fairness: moreover, that there may be fourth party claims is speculative at this point.
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3,159.
Dunkova v. Canada (Citizenship and Immigration) - 2013 FC 1133 - 2013-11-07
Federal Court DecisionsI will deal with them in turn. Issue #1 [5] Is the Decision unreasonable because the Board failed to deal fairly with evidence it acknowledged was mixed?
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3,160.
Rapiscan Systems, Inc. v. Canada (Attorney General) - 2014 FC 68 - 2014-02-06
Federal Court DecisionsThis exception is normally reserved for dealing with security, safety or other considerations potentially prejudicial to passengers; [...] Section 18.1 must retain the flexibility to deal with an immense variety of circumstances. [...] There is no suitable alternate remedy in contract litigation to deal with an issue which is essentially about governance and the conduct of public officials.
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3,161.
Fluid Energy Group Ltd. v. Exaltexx Inc. - 2020 FC 81 - 2020-01-20
Federal Court Decisionsa) faire une déclaration fausse ou trompeuse tendant à discréditer l’entreprise, les produits ou les services d’un concurrent; [...] ... Section 7(a) of the Trade-marks Act deals essentially with trade liability, and relates to unfair competition. [...] I will deal with the latter first, as I conclude that Exaltexx has raised a serious question that these assertions are false or misleading.
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3,162.
Procter & Gamble Pharmaceuticals Canada Inc. v. Canada (Minister of Health) - 2000-04-17
Federal Court DecisionsIn such a case the demands of fairness may result in a lower standard being applied. [...] While 17 of the claims relate to the use of a kit in the treatment of osteoporosis, an equal number deal with the treatment of osteoporosis without the use of a kit. [...] [7] P & G asks for disclosure of the portions of the Abbreviated New Drug Submission ("ANDS") dealing with labelling (Part 1.6), bioequivalence (Part 3) and test and reference drug products (Part 4.6).
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3,163.
Public Mobile v. Canada (Attorney General) - 2011 FC 130 - 2011-02-04
Federal Court Decisions(b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe; [...] If they do not have a right to procedural fairness, that should normally conclude the matter. [...] In the present case, we are dealing with the legal basis for such a decision.
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3,164.
Apotex Inc. v. Canada (Health) - 2017 FC 857 - 2017-09-25
Federal Court DecisionsIn order to compare, to be able to use the expeditious pathway, the AND submission filed deals with: [...] It is one of the participatory rights that are deserving of protection as a matter of fairness. [...] As I read the questions proposed by the respondent, they fall squarely within those parameters dealing with bioequivalence.
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3,165.
Canada (Citizenship and Immigration) v. Lewis - 2015 FC 1269 - 2015-11-13
Federal Court DecisionsThere is an issue of procedural fairness which is outside the scope of judicial review in the sense that no deference is owed to the decision maker. [...] [8] Natural justice requires that the Minister be given a fair opportunity to meet the case against him. [...] Counsel for Mr. Lewis valiantly pointed out that under subsection 162(2) of the Immigration and Refugee Protection Act the Board has to deal with all proceedings before it “as informally and quickly as the circumstances and the considerations of fairness and natural justice permit”.
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3,166.
Higgins v. Canada (Attorney General) - 2014 FC 100 - 2014-01-29
Federal Court Decisions• Was there a breach of procedural fairness? • Was the decision reasonable? [...] A. Procedural Fairness/Natural Justice [11] The Applicant’s complaint is that CRA took too long to address his 2nd level complaint. [...] [12] However, in the time frame at issue, 2011 was taken up with dealings with CRA regarding the Applicant’s filing history for which some compensation was granted; 2012 was the period awaiting the Applicant’s financial information; and in 2013 the decision was made.
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3,167.
Sokolowski Romar v. Canada - 2013 FCA 10 - 2013-01-16
Federal Court of Appeal Decisions[2] Subsection 160(1) deals with, among other things, transfers of property between spouses. [...] It allows the Minister to collect from a spouse who benefited from a transfer “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”, up to the amount of the tax liability of the other spouse [...] [4] The parties acknowledge that the fair market value of the residence was $950,000 when it was sold in 1988.
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3,168.
Prévil v. Canada (Citizenship and Immigration) - 2011 FC 938 - 2011-07-27
Federal Court Decisions[3] Mr. Prévil alleges that the panel breached the principles of procedural fairness and natural justice and that its decision was unreasonable. [...] The principles of natural justice dictate that Mr. Prévil be provided with a fair opportunity to make his case. [...] 5 It is true that artful pleaders can find any number of errors when dealing with decisions of administrative tribunals.
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3,169.
Adibi v. Canada (Minister of Citizenship and Immigration) - 1998-06-25
Federal Court DecisionsAlthough the competency of an interpreter takes on a very important dimension when dealing with questions of credibility,[1] I am not convinced that there was a breach of natural justice in the present case. [...] [T]he controlling element with respect to the nature and content of the inquiry is the requirement of fairness. [...] I am satisfied that the Tribunal acted fairly in the present circumstances.
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3,170.
Siddiqui v. Canada (Citizenship and Immigration) - 2015 FC 1028 - 2015-08-31
Federal Court DecisionsDiscrepancies in translation do not necessarily give rise to a breach of procedural fairness. [...] The applicant submits that this was a breach of procedural fairness. The Respondent’s Submissions [...] The RAD reasonably refused to hold an oral hearing and did not breach procedural fairness
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3,171.
Grover v. National Research Council of Canada - 2001 FCT 687 - 2001-06-21
Federal Court Decisions[55] Later in the same case, the Court spoke about the high degree of deference assigned to the Commission when it deals with an investigation report. [...] These decisions are to the effect that procedural fairness requires that the Commission have an adequate and fair basis upon which to evaluate whether there was sufficient evidence to warrant the appointment of a Tribunal. [...] The investigation report failed to deal with the complainant's theory in this regard.
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3,172.
S.T.B. Holdings Ltd. v. The Queen - 2011 TCC 144 - 2011-03-08
Tax Court of Canada JudgmentsBy August 1982, the fair market value of the Victoria Square Property had risen to approximately $25,000,000. [...] In August 1983, the fair market value of the Victoria Square Property was approximately $4,650,000. [...] The transaction was brought to Mr. Houston by his lawyer as "a tax deal".
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3,173.
Canadian Committee for a Sustainable Eel Fishery Inc. v. Canada (Fisheries, Oceans and Coast Guard) - 2024 FC 683 - 2024-05-03
Federal Court Decisions1. An Interim Order that the Department of Fisheries and Oceans provide the Minister with fair and balanced advice on the Applicant’s [sic] concerns about the fairness, reasonableness and impacts of the 2024 Elver Fishery TAC Decision; [...] (2) the Federal Court is not able to deal with the administrative law claim by virtue of section 18.5 of the FCA or some other legal principle; or [...] For now, I must deal with the lay of the land as I find it at this time.
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3,174.
Sbayti v. Canada (Citizenship and Immigration) - 2019 FC 1296 - 2019-10-16
Federal Court Decisions[14] On November 21, 2018, the Applicant responded to the procedural fairness letter by providing a letter from a U.S. attorney attesting to the circumstances surrounding the events that occurred between 2011 and 2013. [...] [45] The Respondent suggests that by disclosing the background of what went on in the U.S. only in answer to the procedural fairness letter, the Applicant was looking to correct a misrepresentation after the fact. [...] [60] Where there is a fundamental issue going to the crux of the matter, reference should be made to any credible document that deals with that matter head on.
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3,175.
Honey Fashions Ltd v. Canada (Border Services Agency) - 2018 FC 1118 - 2018-11-07
Federal Court DecisionsSome industry representatives suggested that they could make deals with importers (in many cases, their customers) to import goods under the manufacturer’s entitlement. [...] Our Court has held that, in Canada, this doctrine [of legitimate expectations] is part of the doctrine of fairness or natural justice, and that it does not create substantive rights. [...] If the claimant has a legitimate expectation that a certain procedure will be followed, this procedure will be required by the duty of fairness.