11,312 result(s)
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3,226.
Bartlett v. Canada (Attorney General) - 2011 FC 934 - 2011-07-26
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; [...] [28] The Respondent submits that the CPP is a complete code dealing with the payment of benefits. [...] [31] Ms. Bartlett feels that the Minister of Human Resources Development Canada has not dealt fairly with her.
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3,227.
Vidakovic v. Canada (Citizenship and Immigration) - 2011 FC 605 - 2011-05-31
Federal Court DecisionsThe Officer was therefore satisfied that the applicant had had sufficient time in Canada to deal with his appeal. [...] a. Did the duty of fairness require the Officer to follow up with the applicant regarding the WCAT decision? [...] [14] This is an issue of procedural fairness, to which the standard of correctness applies.
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3,228.
Canada (Minister of Citizenship and Immigration) v. Saeed - 2004 FC 1514 - 2004-10-27
Federal Court DecisionsThe Minster says that the IAD also erred in finding that procedural fairness required that the officer advise Mr. Saeed of the consequences of not having his wife examined. [...] According to the August letter, the individual at the other end of the phone told Mr. Saeed that there wasn't enough time to deal with the issue, and that Mr. Saeed should sponsor his wife once he got to Canada. [...] The Procedural Fairness Issue [28] The Minister's procedural fairness argument is predicated upon the assumption that the visa officer was aware of Mr. Saeed's marriage.
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3,229.
Dardic v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 150 - 2001-03-08
Federal Court DecisionsD. Did the visa officer err in law and deny the applicant procedural fairness in failing to interview the Applicant. [...] In my view, in dealing with legislation of this nature, the courts should, wherever possible, avoid a narrow, technical construction, and endeavour to make effective the legislative intent as applied to the administrative scheme involved. [...] There was no breach of procedural fairness in respect of this Applicant.
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3,230.
Sousa v. Canada (Minister of Citizenship and Immigration) - 2000-09-19
Federal Court Decisions[8] Counsel for the Minister urged that the decision of the panel was a discretionary decision made on a reasonable basis since it was based upon the Rules of the Appeal Division for dealing with requested adjournments. [...] I am not persuaded, despite argument of counsel for the Minister, that the absence of evidence of prejudice indicated that there was no serious lack of fairness in the process. [...] He found that the decision in that case resulted in a denial of a fair hearing and a breach of the rules of natural justice, despite the Board's having set down the hearing peremptorily.
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3,231.
Gagné v. Canada (Attorney General) - 1998-06-02
Federal Court Decisions[5] The applicant seeks to have this decision set aside on the ground that the Commission failed to observe procedural fairness in dismissing his complaint. [...] [7] I am also of the view that the applicant"s argument based on a lack of procedural fairness is unfounded. [...] [TRANSLATION] The applicant submits that the Commission failed to observe procedural fairness in dismissing his complaint.
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3,232.
Trboljevac v. Canada (Citizenship and Immigration) - 2020 FC 26 - 2020-01-10
Federal Court DecisionsWhat is fair in any particular circumstance is highly variable and contextual. [...] [36] There is no doubt that procedural fairness is an overarching requirement of hearings at the IRB. Subsection 162(2) of the IRPA requires the RPD to deal with all proceedings before it as informally and quickly as the circumstances and the considerations of fairness and natural justice permit. [...] [45] I have several concerns that lead me to conclude the hearing was not procedurally fair to the Applicant.
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3,233.
Succession Andrée Jalbert v. The Queen - 2008 TCC 235 - 2008-04-23
Tax Court of Canada JudgmentsIt is another case dealing with so‑called scientific research and experimental development companies. [...] He withdrew but asked for a fair decision, if possible. [3] He stated that the Appellant, who became his wife after the year in question, died in 1998 from breast cancer. [...] [4] Regarding this application for a decision based on fairness and compassion, the Court explained to the Agent for the Appellant that there was no provision in the Income Tax Act (the "Act") that would allow for the substantive tax law to be set aside for fairness reasons.
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3,234.
Labrador-Island Link General Partner Corporation v. Panalpina Inc. - 2019 FC 740 - 2019-05-24
Federal Court Decisions[36] As noted above, to be “fair and just”, the record before the motions judge must permit the judge to find the facts necessary to resolve the dispute: Hryniak, above at para. 28. [...] No credibility assessments of witness are required to deal with these matters. [...] [24] As stated earlier, the facts are fairly straightforward given that all transactions are well documented.
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3,235.
Hosseini v. Canada (Minister of Citizenship and Immigration) - 1998-08-12
Federal Court Decisions[17] It is urged by the applicant that there is no time bar on a challenge of jurisdiction to deal with a matter. [...] This is reflected in the text of that subsection which provides that the Court "may grant relief if it is satisfied that" the Board has "failed to observe a principle of natural justice [or] procedural fairness". [...] No prejudice has been caused to the applicant by the panel dealing with the matter despite flawed referral procedures that did not meet requirements under the Act and its transitional provisions.
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3,236.
Canada (Minister of Citizenship and Immigration) v. Khan - 2001 FCA 345 - 2001-11-14
Federal Court of Appeal DecisionsIt was not shown to the Khans, although its content was paraphrased in the fairness letter. [...] duty of fairness had been satisfied, because the applicant was given the medical notification form which identified the "the future medical costs, the diagnosis, the prognosis, the health and social services required to deal with [his wife's] condition and the negative assessment together with an invitation to respond." [...] Further, the fairness letter faithfully reproduced the narrative section of the medical notification, which, in turn, fairly summarised the medical and psychological assessments of Abdullah.
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3,237.
Devil’s Gap Cottagers (1982) Ltd. v. Rat Portage Band No. 38B (Wauzhushk Onigum Nation) - 2008 FC 812 - 2008-06-27
Federal Court DecisionsAccordingly, the Court does not have jurisdiction to deal with this application for judicial review. [...] It follows that the Court does not have jurisdiction to deal with this application for judicial review. [...] [84] First, Chief Skead of the First Nation, in his affidavit, is careful not to deal with matters that occurred prior to 2004 (except for a passing reference to one earlier dispute over the fair market value of the rent payments).
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3,238.
Gaudette v. The Queen - 2018 TCC 208 - 2018-10-30
Tax Court of Canada Judgments(ii) to a person with whom the taxpayer was dealing at arm’s length of any property 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 [...] [21] Byram v. Canada, 1999 CanLII 7428(FCA) deals specifically with the application of subparagraph 40(2)(g)(ii) of the Act. The review required by that provision deals only with the purpose for which the debt was acquired, in other words for the purpose of earning income from a business or property.
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3,239.
Ferraro-Passarelli v. The Queen - 2013 TCC 26 - 2013-02-05
Tax Court of Canada JudgmentsFAIR MARKET VALUE [6] We do not have an appraisal of the market value of this property, only appraisals for assessment purposes, which may, in the absence of an arm’s length transaction, be an estimate, at best. [...] [12] Of the Appellant’s 15 exhibits, the more relevant describe their financial dealings with each other and third parties. [...] [20] The Appellant relied a great deal on her accountant who prepared different exhibits, based on accounts she held jointly with her husband, to explain the financial dealings of the couple.
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3,240.
Von Teichman v. The Queen - 2003 TCC 512 - 2003-09-05
Tax Court of Canada Judgments[9] By letter to Mr. Von Teichman dated December 6, 2002, the CCRA explained the failure to deal with the cancellation of arrears interest as follows: [...] ... If further reassessments or other litigation are still pending for the year involved, the fairness request is usually not processed, as the final tax owing, and interest on the tax payable, are still not known. [...] [11] The Von Teichmans submit that they made a deal with the Minister in 1999 to cancel the arrears interest and that they acted on this deal by withdrawing their objections.
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3,241.
Wear v. The Queen - 2002-10-09
Tax Court of Canada JudgmentsShe is unable to work and barely able to look after herself, as she needs to spend a good deal of the day sleeping. [...] He did not answer the question dealing with the duration of the impairment. [...] The incongruities within the Certificates do not instil a great deal of confidence that the form is appropriately structured to obtain a fair result.
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3,242.
Gestion Le Montagnais Inc. v. M.N.R. - 2002-08-15
Tax Court of Canada Judgments. . . (i) employment if the employer and employee are not dealing with each other at arm's length. [...] (a) the question of whether persons are not dealing with each other at arm's length shall be determined in accordance with the Income Tax Act; and [...] (a) related persons shall be deemed not to deal with each other at arm's length;
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3,243.
Artemis Holdings Ltd. v Canada (Customs and Revenue Agency) - 2002 FCT 504 - 2002-04-30
Federal Court Decisions[1] These reasons arise out of the Applicant's motion to allow the sole officer and shareholder of this one-person company, Mr. Dal A.S. Brickenden, to represent his company in this litigation, which involves a review of a denial of a fairness request by the Defendant. [...] However, the record does deal with complexity by inference, with the Applicant referring to extensive documentary evidence. [...] [11] One of the most absolute cases, of which I am aware, in this Court, dealing with the role of lawyer as witness, is Shipdock Amsterdam B.V. v. Cast Group Inc. (2001) 179 F.T.R. 282.
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3,244.
Tansella v. The Queen - 2001-06-11
Tax Court of Canada JudgmentsHowever, such lines of demarcation are certainly less distinct for those - the vast majority of taxpayers - that are mandated to deal with these elements on an irregular, perhaps once in a lifetime basis. [...] [11] Leaving aside some other points arising out of this analysis, which in themselves could raise questions, it is fair to say that the Appellant's contentions of the lack of clarity and explanations might be warranted to some degree. [...] I have taken into account the fact that certain documents were filed with the Court by the Appellant at the hearing of October 20, 1999, with the concurrence of the Respondent, in dealing with this as an appeal.
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3,245.
Wilkinson v. Canada (Attorney General) - 2020 FCA 223 - 2020-12-22
Federal Court of Appeal DecisionsIt found that the appropriate standard of review for classification grievances is reasonableness and that, in reviewing issues of procedural fairness, the Court should consider “whether the decision maker followed a fair and just process in light of the substantive rights and consequences involved”: Reasons at para. 31. [...] [10] The Federal Court found that the appellants’ rights to procedural fairness “fall in the lower spectrum”. [...] [14] In light of my conclusion on the reasonableness of the Deputy Head’s decision, it will not be necessary to deal with the procedural fairness issue.
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3,246.
Canadian Committee for the Tel Aviv Foundation v. Canada - 2002 FCA 72 - 2002-03-01
Federal Court of Appeal Decisionsb. Whether the Minister's actions in administrating section 168 denied procedural fairness and the right to a fair hearing as provided under the Bill of Rights; [...] Issue 2: Whether the Minister's actions in administrating section 168 denied procedural fairness and the right to a fair hearing as provided under the Bill of Rights [...] [36] Dealing first with the Information Return, I would note that the Minister also states in his December 15, 1999 correspondence that:
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3,247.
Canada (Information Commissioner of Canada) v. Canada (Minister of Industry Canada) - 2001 FCA 254 - 2001-08-29
Federal Court of Appeal DecisionsIt will be convenient to deal separately with the different categories of document that are alleged to contain advice. [...] [56] However, it is in my view untenable to characterise as essentially factual the documents emanating from members of the working group that deal with the percentage weightings. [...] Nonetheless, I cannot conclude that the very same phrase, "authorized to refuse to disclose", in adjacent sections of the same Act, both dealing with aspects of the review process, were intended by Parliament to have different meanings.
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3,248.
Hernandez v. Canada (Public Safety and Emergency Preparedness) - 2019 FC 1655 - 2019-10-05
Federal Court DecisionsThe applicant claims a stay by appealing to fairness; he should grant to others what he is claiming for himself. [...] And in this instance, fairness required that the application be presented earlier. [...] It states that the Applicant “has been dealing with extreme stress and depression/anxiety related to possible deportation...” and then reviews what the Applicant stated about his reasons for fearing a return to Guatemala.
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3,249.
Pierre v. Canada (Citizenship and Immigration) - 2012 FC 1249 - 2012-10-30
Federal Court DecisionsWould he think it more likely than not that [the Panel], whether consciously or unconsciously, would not decide fairly? [...] The applicants cannot criticize the Panel on this point because they have not shown that the Panel made an error regarding the basis for the reasons dealing with the lack of credibility. [...] If a question arises on the facts of a case before an applications judge, it is the judge’s duty to deal with it.
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3,250.
Chen v. Canada (Citizenship and Immigration) - 2012 FC 545 - 2012-05-04
Federal Court DecisionsIt is not difficult to understand that, to be fair to a person who swears to tell the truth, concrete reasons supported by cogent evidence must exist before the person is disbelieved. [...] This information is part of an earlier package from 30 July 2010 dealing with the situation of Catholics (the applicant is not Catholic). [...] The CAA report dealing with these persecutions in the Fujian province contains a direction with a link to a news report for more information about the raid it refers to.