11,312 result(s)
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3,201.
Silva v. Canada (Minister of Citizenship and Immigration) - 2005 FC 738 - 2005-05-24
Federal Court DecisionsSubsection 162(2) of the Act further provides that it shall deal with proceedings before it as informally and quickly as the circumstances and the considerations of fairness and natural justice permit. [...] [28] That is why questions of procedural fairness must not be considered in a hypothetical context. [...] [29] In this case, after rereading the transcripts, I am satisfied that procedural fairness was afforded.
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3,202.
Salomon v. Canada (Deputy Attorney General) - 2002 FCT 1146 - 2002-11-06
Federal Court Decisions[21] The present case involves a determination of whether the Minister exercised his statutory discretion in a fair and reasonable manner when he denied the applicant's request for relief of interest and penalties under a "fairness package request". [...] 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 [...] No particular duty of fairness is prescribed for the Minister under the Act [ITA].
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3,203.
Voltage Pictures, LLC v. Salna - 2019 FC 1412 - 2019-11-12
Federal Court Decisions(i) would fairly and adequately represent the interests of the class, [...] Does the class have any available defences to copyright infringement, including any defence based on fair dealing? [...] Consequently, judicial economy and fairness would not be achieved. [146] Second, the plan relies mostly on public resources as a means to its end, which is private in nature.
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3,204.
Seyoboka v. Canada (Citizenship and Immigration) - 2009 FC 104 - 2009-01-30
Federal Court DecisionsDealing more specifically with the duty to disclose, the Court went on [...] In this context, procedural fairness includes a procedure for verifying the evidence adduced against him or her. [...] The goal of the disclosure process is to ensure that the accused is not denied a fair trial.
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3,205.
Pierre v. Canada (Citizenship and Immigration) - 2023 FC 1027 - 2023-07-27
Federal Court DecisionsThe latter factor is also relevant to evaluating the issue of procedural fairness. [...] [23] I am not persuaded that the officer breached his duty of procedural fairness. [...] [25] The applicant notes that the decision in Khodchenko v Canada (Citizenship and Immigration), 2015 FC 819 [Khodchenko] deals with a situation very similar to the matter at hand.
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3,206.
Gilavan v. Canada (Citizenship and Immigration) - 2022 FC 1698 - 2022-12-08
Federal Court Decisions[8] The Applicant contends that the Decision does not comply with the requirements of procedural fairness and that it is unreasonable. [...] I will deal with each issue in turn. A. Whether the Officer breached the duty of procedural fairness? [...] In not doing so, the Officer is said to have breached procedural fairness owed to the Applicant.
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3,207.
Miakanda-Batsika v. Bell Canada - 2014 FC 840 - 2014-09-03
Federal Court DecisionsThe investigator deals with the allegations in the following categories: [...] A. Did the investigation fail to show procedural fairness? [23] As I understand it, there are two aspects to EMB’s argument that she was denied procedural fairness. [...] [24] In respect of both aspects of EMB’s concerns about procedural fairness, I am of the view that she was not denied procedural fairness.
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3,208.
Fiducie famille Gauthier v. Canada - 2012 FCA 76 - 2012-03-07
Federal Court of Appeal Decisions(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, [...] the taxpayer shall be deemed to have received proceeds of disposition therefor equal to that fair market value; and [...] is the fair market value, immediately after the disposition, of any consideration (other than the new shares) received by the taxpayer from the purchaser corporation for the subject shares,
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3,209.
Hussain v. Canada (Minister of Citizenship and Immigration) - 2004 FC 259 - 2004-02-20
Federal Court DecisionsThe applicants' representative provided the Board with additional post-hearing material on August 30, 2002, and sent in four more articles dealing with conditions in Pakistan on September 3, 2002. [...] 1) Was there a breach of procedural fairness by reason of the failure of the Board to consider the applicants' November 25, 2002 submissions? [...] [18] Questions of procedural fairness are reviewed against a standard of correctness: Ha v. Canada (Minister of Citizenship and Immigration), [2004] F.C.J. No. 174.
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3,210.
Zhao v. Canada (Minister of Citizenship and Immigration) - 2003 FC 966 - 2003-08-08
Federal Court Decisions[8] The applicants submit that the Board member failed to observe a principle of natural justice or procedural fairness by failing to provide proper interpretation at the hearing. [...] [9] The applicants submit that the principal applicant's dependant was denied procedural fairness when she left the hearing room and was unable to re-enter for a period of time, thus missing part of the hearing. [...] [20] Because of my finding on this issue, I will not deal with the remaining issues.
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3,211.
Langer v. M.N.R. - 2001-01-30
Tax Court of Canada JudgmentsThis is not usual when parties are dealing at arm's length and is not substantially similar to John Hutton's terms of remuneration. [...] But I am left with doubt as to whether or not this transaction can fairly be characterized as part of the contract of employment. [...] They would not have entered into a substantially similar contract of employment if they had been dealing with the Appellant at arm's length.
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3,212.
Rochon v. Canada - 1997-11-24
Federal Court DecisionsThe Plaintiff has submitted a fairly lengthy written response to the Defendant's motion to strike out the Statement of Claim. [...] [14] Paragraphs 67.9 and 67.10 deal with matters which might or might not happen in the future. [...] In short, the Defendant has been put to a good deal of trouble in dealing with a futile statement of claim and therefor will have its costs payable within the next 30 days.
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3,213.
Alexander v. Canada (Citizenship and Immigration) - 2023 FC 438 - 2023-03-31
Federal Court DecisionsThe burden is on the applicant to demonstrate that the requirements of procedural fairness were not met. [...] The jurisprudence of the Court is clear; such issues dealing with procedural fairness must be raised at the earliest opportunity. [...] Any concerns regarding procedural fairness was therefore not brought at the first opportunity.
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3,214.
Wang v. Canada (Citizenship and Immigration) - 2007 FC 531 - 2007-05-17
Federal Court DecisionsMs. Wang has challenged that decision on several grounds but, in the circumstances, I need only deal with one of them, that being the fairness of the hearing. [...] f) le fait qu'elle veut faire comparaître le témoin par vidéoconférence ou par téléphone, le cas échéant. [...] An erroneous assessment on any of these bases can lead to a reviewable denial of procedural fairness.
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3,215.
Ogiamien v. Canada (Public Safety and Emergency Preparedness) - 2018 FC 30 - 2018-01-12
Federal Court Decisions(2) Each Division shall deal with all proceedings before it as informally and quickly as the circumstances and the considerations of fairness and natural justice permit. [...] [21] Section 240 of the Immigration and Refugee Protection Regulations (“IRPA Regulations”) deals with when a removal order is enforced. [...] ... [27] Section 115 must be considered in the context of the other provisions of the statute which also deal with the subject of removal.
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3,216.
Cousineau v. The Queen - 2013 TCC 375 - 2013-11-27
Tax Court of Canada JudgmentsThe relevant provisions of the Act that deal with the deduction of financing expenses are found at paragraphs 20(1)(e) and 20(1)(e.1): [...] period ending in the year had it continued to exist and had the partnership interest not been redeemed, acquired or cancelled, that the fair market value of the member’s interest in the partnership immediately before that time is of the fair market value of all the interests in the partnership immediately before that time; [...] [31] The appellant is challenging the fair market value (FMV) of the Immovable as established by the Minister when the change in use occurred on January 1, 2010.
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3,217.
Gagné v. Canada - 2013 FC 337 - 2013-04-04
Federal Court Decisions[4] The respondent filed his motion under section 369 of the Rules, asking the Court to deal with the motion on the basis of written submissions. [...] a. He criticizes Mr. Morneau for not holding a hearing and for not giving him a fair and equitable opportunity to be heard; [...] I must next deal with the defendant's objection to the filing of new evidence.
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3,218.
Culhane v. ATP Aero Training Products Inc. - 2004 FC 535 - 2004-04-06
Federal Court DecisionsAlthough tactics such as this may make good business sense in certain circumstances, Parliament has decided to forbid these practices because the public interest demands a system in which fair competition thrives. [...] The longer the deal lasts, however, the more suspect it would become. [...] The additional element consists of two possible alternatives: one dealing with the effect of the policy and another dealing with a mens rea element.
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3,219.
Canada (Information Commissioner) v. Canada (Minister of Citizenship and Immigration) - 2002 FCA 270 - 2002-06-21
Federal Court of Appeal Decisionsc) contenant des renseignements dont la divulgation risquerait vraisemblablement de nuire aux activités destinées à faire respecter les lois fédérales ou provinciales ou au déroulement d'enquêtes licites, notamment : [...] [34] The public interest in the disclosure is to ensure fairness in the conduct of administrative inquiries. [...] Whatever the rules of procedural propriety applicable in a given case, fairness will generally require that witnesses not be given a blank cheque and that persons against whom unfavourable views are expressed be given the opportunity to be informed of such views, to challenge their accuracy and to correct them if need be.
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3,220.
Wells v. The Queen - 2001-10-26
Tax Court of Canada JudgmentsCiting examples, he explained that two paintings of the same size by the same painter done fairly close together in time can have radically different values. [...] Q. Then I will just ask Mr. Klinkhoff what experience he has dealing with Suzor-Côté's works in the market. [...] However, I must say that the person who had it framed loved this painting because it is a painting of . . . there is a fairly large edge-strip with two or . . .
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3,221.
Cabrera v. Canada (Citizenship and Immigration) - 2010 FC 709 - 2010-06-29
Federal Court Decisions1. Whether the Applicant’s right to procedural fairness was breached; [...] [24] The Applicant contends that her right to a fair hearing was breached. [...] [69] There is also the problem, as pointed out by the ID, that the Intercede letter is very general and it fails to deal with the specifics of this case.
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3,222.
Dupont c. La Reine - 2003 TCC 99 - 2003-03-03
Tax Court of Canada Judgments[5] Since the appellant disposed of property in favour of persons with whom he was not dealing at arm's length, at issue is whether the assessment based on the application of paragraph 69(1)(b) of the Income Tax Act ("the Act") and the hypothetical fair market value of $3,650,000 at December 8, 1998, is justified. [...] For this reason, we estimate the fair market value of the property, using the parity method, as follows: [...] [31] A first comment by the expert for the respondent deals with operational obsolescence, particularly, in this case, obsolescence resulting from the excessive height of the walls of the building; this comment is made at page 16 of his report, as follows:
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3,223.
Vieira Sebastiao Melo v. Canada (Citizenship and Immigration) - 2022 FC 544 - 2022-04-14
Federal Court Decisions1) Whether the officer breached the Applicants’ right to procedural fairness by failing to provide them with an opportunity to respond to extrinsic evidence; [...] [19] The Applicants submit, and I agree, that the standard of review for the substance of the H&C Decision is reasonableness, while for issues of procedural fairness the question is whether the procedure was fair having regard to all of the circumstances. [...] [27] The Respondent submits that the officer did not breach the Applicants’ right to procedural fairness.
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3,224.
Merck & Co. Inc. v. Apotex Inc. - 2002 FCT 505 - 2002-05-01
Federal Court Decisions[17] Questions 5 and 6 deal with information on the preparation of the medication in tablet form. [...] [26] The questions in this category deal with the preparation of stable tablets under the patent. [...] The principle function of pleadings, as counsel notes, is to define with clarity the issues between the litigants and to give fair notice of the case that has to be met, so that the opposing party may direct evidence to those issues.
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3,225.
Canada v. Sommerer - 2012 FCA 207 - 2012-07-13
Federal Court of Appeal Decisions[40] As mentioned above, an Austrian private foundation is a juridical person with the legal capacity to own property in its own right and to deal with its property on its own account. [...] The legal right of an Austrian private foundation to deal with its own property is the same as the legal right of a Canadian corporation to deal with its own property. [...] [53] Now suppose that Jack, instead of donating the painting to the trust, sells it to the trust for its fair market value with no conditions attached.