11,312 result(s)
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3,326.
Evans v. Canada (Attorney General) - 1997-06-23
Federal Court DecisionsOnce you receive a reply of the outcome of the grievances and your status is known, we will deal with whatever redress is necessary at that time. [...] The motion seeks to enjoin the respondents from dealing further with the promotions to the six corporal positions until the applicant's grievances are resolved. [...] The applicant alleges that the respondents failed to observe the principles of natural justice and procedural fairness in making their decision to deny his request to set over the staffing of the six positions.
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3,327.
Miakanda-Batsika v. Bell Canada - 2016 FCA 278 - 2016-11-14
Federal Court of Appeal DecisionsHe then dealt with the questions before him, beginning with the issue of procedural fairness. [...] In his view, the appellant had not been denied procedural fairness by the investigator. [...] [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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3,328.
An-Dell Electric Ltd. v. Canada (Customs and Revenue Agency) - 2004 FC 563 - 2004-04-15
Federal Court DecisionsUnder both authorities Guidelines have been issued that specify how the discretion granted by the fairness provisions should be exercised. [...] Since the fairness decision was made the Oakville Property carries additional encumbrance in the amount of $138,000. [...] 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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3,329.
Vitellaro v. Canada (Customs and Revenue Agency) - 2004 FC 561 - 2004-04-15
Federal Court DecisionsUnder both authorities Guidelines have been issued that specify how the discretion granted by the fairness provisions should be exercised. [...] Since the fairness decision was made the Oakville Property carries additional encumbrance in the amount of $138,000. [...] 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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3,330.
Vitellaro v. Canada (Customs and Revenue Agency) - 2004 FC 562 - 2004-04-15
Federal Court DecisionsUnder both authorities Guidelines have been issued that specify how the discretion granted by the fairness provisions should be exercised. [...] Since the fairness decision was made the Oakville Property carries additional encumbrance in the amount of $138,000. [...] 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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3,331.
Nail Centre and Esthetics Salon v. Canada (Customs and Revenue Agency) - 2004 FC 560 - 2004-04-15
Federal Court DecisionsUnder both authorities Guidelines have been issued that specify how the discretion granted by the fairness provisions should be exercised. [...] Since the fairness decision was made the Oakville Property carries additional encumbrance in the amount of $138,000. [...] 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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3,332.
Johnson v. M.N.R. - 2011 TCC 501 - 2011-11-01
Tax Court of Canada Judgments[5] Paragraph 5(2)(i) of the Act provides that insurable employment does not include “employment if the employer and employee are not dealing with each other at arm’s length.” It is conceded that the Appellant was not dealing with Transport at arms length because her husband was the sole shareholder. [...] [11]I will deal with the following circumstances of the Appellant’s employment: [...] The Appellant’s duties of employment required a high level of trust and maturity, and there is no evidence presented to conclude that $17 an hour is not a fair rate for administrative tasks of a sensitive nature.
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3,333.
ME2 Productions, Inc. v. Doe - 2019 FC 214 - 2019-02-21
Federal Court DecisionsDid the CMJ err in dealing with the issue of full and frank disclosure? [...] (1) Did the CMJ err in dealing with the issue of full and frank disclosure? [...] In this way, the matter would proceed quickly and efficiently and TekSavvy would be treated fairly.
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3,334.
Pelletier v. Canada (Attorney General) - 2007 FC 342 - 2007-03-30
Federal Court DecisionsThe duty of procedural fairness, whatever its content, deals only with the process by which the government exercises its right to terminate his appointment, and not with the substance of the decision itself. [...] The duty to act fairly includes the duty to provide procedural fairness to the parties. [...] [63] Considering my finding regarding the Minister’s bias, I need not deal with the other grounds raised by the applicant against the validity of the removal order.
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3,335.
Pieters v. Canada (Attorney General) - 2007 FC 556 - 2007-05-28
Federal Court DecisionsIn that response, it primarily addressed the issue of the jurisdiction of the PSIO and procedural fairness. [...] They initially thought that PSIO would not deal with those allegations. [...] He has already practically tied up all our limited resources for months and I consider that the final report deals comprehenively [sic]and fairly with all the issues that can reasonably be considered relevant and within my jurisdiction.
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3,336.
Canadian National Railway Company v. Northgate Terminals Ltd. - 2010 FCA 147 - 2010-06-02
Federal Court of Appeal Decisions(i) à faire circuler et à exploiter ses trains sur toute partie de l’embranchement, [...] It is convenient to deal with the applicable standard of review for each ground of appeal separately. [...] Section 113 of the CTA deals with what is generally referred to as the common carrier obligations.
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3,337.
Tervita Corporation v. Commissioner of Competition - 2013 FCA 28 - 2012-05-29
Federal Court of Appeal Decisions[67] The questions raised in this appeal and involving procedural fairness are also to be dealt with on a standard of correctness. [...] [95] The appellants add in their appeal A-457-12 (dealing with questions of fact) that these findings by the Tribunal were not supported by the evidence adduced at the hearing. [...] The appellants submit that this amounts to an error in law and a breach of procedural fairness.
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3,338.
Krumm v. The Queen - 2020 TCC 7 - 2020-01-17
Tax Court of Canada Judgments(ii) the total of all amounts each of which is the amount of any prescribed benefit that is expected to be received or enjoyed, directly or indirectly, in respect of the interest in the property by the person or another person with whom the person does not deal at arm's length, [...] [...] 34. Intersports Acceleration Corp. and the Investor will execute an Acquisition Agreement which deals with royalties, marketing and performance targets for sales and revenues to be paid to the Investor and which will cover the terms and conditions of the acquisition of the Computer Program. [...] 53. It is our opinion, based upon the qualifications, restrictions and assumptions noted herein, that the fair market value of the revenue streams and of the Computer Program as at 25 June, 1997 is not less than $11.2 million.
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3,339.
Ali v. Canada (Citizenship and Immigration) - 2017 FC 182 - 2017-02-14
Federal Court DecisionsQuestions of procedural fairness are also reviewed on the correctness standard: Canada (Citizenship and Immigration) v Khosa, 2009 SCC 12 at para 43. [...] 93 The term “terrorism” is found in s. 19 of the Immigration Act, dealing with denial of refugee status upon arrival in Canada. [...] The issue here is whether the term as used in the Immigration Act is sufficiently certain to be workable, fair and constitutional.
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3,340.
Cina v. Canada (Citizenship and Immigration) - 2011 FC 635 - 2011-05-31
Federal Court Decisions· Police training on how to deal with minorities, and efforts to engage with Roma communities. [...] Would he think that it is more likely than not that Mr. Crowe, whether consciously or unconsciously, would not decide fairly.” [Emphasis added] [...] There was the fact that the Board had much more experience in dealing with Czech claims after the surge in 2007 and 2008.
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3,341.
Lavoie v. Canada (Attorney General) - 2007 FC 1251 - 2007-11-28
Federal Court DecisionsIt further stated that the investigation did not deal with section 91 of the OLA, since the infringement of this provision was not alleged in the complaint heard. [...] The same applies to the last question regarding procedural fairness, since it is well settled that if there has been an infringement of procedural fairness the decision will generally be set aside and referred back to the Office for reconsideration. [...] [34] The other two questions raised in the case at bar deal essentially with findings of fact.
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3,342.
Jaballah v. Canada (Minister of Public Safety and Emergency Preparedness) - 2006 FC 1514 - 2006-12-18
Federal Court DecisionsFundamental justice requires that a fair balance be struck between these interests, both substantively and procedurally: Rodriguez at paragraph 146. [...] (c) the judge shall deal with all matters as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit; [...] g) si le juge décide qu’ils sont pertinents, mais que leur divulgation porterait atteinte à la sécurité nationale ou à celle d’autrui, ils ne peuvent faire partie du résumé, mais peuvent servir de fondement à l’affaire;
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3,343.
Ruby v. Canada (Solicitor General) - 2004 FC 595 - 2004-04-29
Federal Court DecisionsThe factual context we are dealing with in the present instance is that of requests for personal information concerning lawful investigations. [...] In fairness to the reviewing Judge, there were many exemptions claimed by three federal authorities. [...] (ii) aux activités destinées à faire respecter les lois fédérales ou provinciales,
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3,344.
Ruby v. Canada (Royal Canadian Mounted Police) - 2004 FC 594 - 2004-04-29
Federal Court DecisionsThe factual context we are dealing with in the present instance is that of requests for personal information concerning lawful investigations. [...] In fairness to the reviewing Judge, there were many exemptions claimed by three federal authorities. [...] (ii) aux activités destinées à faire respecter les lois fédérales ou provinciales,
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3,345.
Soni v. Canada (Citizenship and Immigration) - 2020 FC 813 - 2020-08-25
Federal Court Decisions[29] On procedural fairness, the applicant states that the standard of review is correctness. [...] B. Procedural Fairness [68] Procedural fairness requires that a party know the case to meet and have a meaningful opportunity to respond to it. [...] [69] I do not believe that the Officer failed to provide the applicant with procedural fairness in this case.
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3,346.
Canada v. Guindon - 2013 FCA 153 - 2013-06-12
Federal Court of Appeal Decisions(d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal; [...] a) de faire agir un subalterne ou de lui faire omettre une information; [...] Section 11 of the Charter requires that a penalty can only be imposed until after charges are laid and a fair trial is conducted before an independent and impartial tribunal.
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3,347.
J. Hudon Enterprises Ltd. v. The Queen - 2008 TCC 348 - 2008-08-12
Tax Court of Canada JudgmentsHe had three tenures with the Western Fair Association. April 2005 was his last one. [...] Western Fair has an agreement with OHHA. Such a rule has been in place for 20 years. [...] He did not agree that a fair reading would be that the purse belongs to the horse owner.
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3,348.
Latham v. Canada - 2006 FC 284 - 2006-03-03
Federal Court DecisionsThe Appeal Division reviews the decision-making process to confirm that it was fair and that the procedural safeguards were respected. [...] This would be contrary to the intention of Parliament and would deprive the Applicant of a fair and just determination achieved under the relative expertise of the NPB. [...] [64] Additionally, under the circumstances of this case, I cannot agree that such a restriction violates his s. 7 Charter rights to procedural fairness.
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3,349.
Canada Post Corp. v. Epost Innovations Inc. - 2001 FCT 305 - 2001-04-06
Federal Court DecisionsI will now deal with these general areas, together with the positions of Epost. [...] (e) deprive a person of the right to a fair hearing in accordance with the principles of fundamental justice for the determination of his rights and obligations; .. [...] All the more so in that counsel for Epost refers to Singh v. Minister of Immigration (supra) for the concept that section 2(e) of the Bill of Rights protects a fundamental right, that of a fair hearing, a right independent of and broader than section 1 of the Bill of Rights, which deals with human rights and fundamental
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3,350.
407 International Inc. v. The Queen - 2019 TCC 245 - 2019-10-25
Tax Court of Canada Judgments(3) The case management judge may deal with all issues that arise prior to the hearing of the appeal, including by [...] . . . (b) giving any directions that are necessary for the just, most expeditious and least expensive determination of the appeal on its merits, including consolidating two or more appeals or parts of appeals that raise common issues or deal with common facts. [...] [27] The availability of discovery in the appeal of 407 ETR should ensure that the evidence relevant to the characterization of the losses on the MAVs is known before the hearing of the appeals, thereby promoting a full and fair hearing and avoiding any issue of trial by ambush.