11,312 result(s)
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3,426.
Temple v. Canada (Minister of National Revenue) - 2001 FCT 1254 - 2001-11-15
Federal Court DecisionsI will now deal with all of this in more detail. The Rule in Foss v. Harbottle [...] I will consider the leading Canadian case dealing with the personal rights of the shareholder, Hercules Managements (supra), shortly. [...] Here, interestingly, in pursuing Mr. Temple personally, the Defendant has been able to go through the corporate veil: the Plaintiff submits that, on this basis, it is only fair that he ought to be able to disregard the corporate veil.
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3,427.
Gemological Institute of America v. Gemology Headquarters International - 2014 FC 1153 - 2014-12-02
Federal Court DecisionsWhen confronted with letters of the alphabet that are being used as trade-marks, it may fairly be expected that consumers would exercise a greater degree of discrimination as a matter of first impression. [...] Rather, Ms Reagh’s evidence addressed this issue; she indicated that certificates were provided to end consumers and she relayed her extensive experience dealing with end consumers over her 39 years at Birks. [...] Some retailers would likely be confused on first impression if they had not had extensive dealings with the applicant.
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3,428.
Canadian Human Rights Commission v. Canada (Attorney General) - 2010 FC 1135 - 2010-11-12
Federal Court Decisions[46] In Mowat itself, the Federal Court Appeal was dealing with the question of whether the Tribunal had the authority to award legal costs. [...] [48] The fourth issue deals with an alleged breach of natural justice and this is a question of law subject to the correctness standard of review. [...] [49] Before dealing with the two issues the Court has two preliminary observations.
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3,429.
Richardson v. Seventh-Day Adventist Church - 2022 FC 848 - 2022-06-08
Federal Court Decisions• Preserve the Court’s powers to act further, when necessary, to adjust the vexatious litigant order, but only in accordance with procedural fairness. [...] The Court then proceeded to deal in his absence with the motion to declare the Plaintiff and his litigation proxies vexatious litigants. [...] [31] In terms of dealing with litigation proxies, Justice Stratas JA stated the following in Fabrikant:
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3,430.
International Charity Association Network v. The Queen - 2008 TCC 3 - 2008-01-03
Tax Court of Canada Judgments(5) La Cour canadienne de l'impôt ne peut faire droit à la demande de report que s'il est juste et équitable de le faire. [...] 9. ICAN has 16 employees across Canada, only 3 of whom deal with the office administration. [...] Subsection 188.2(4) deals only with a postponement of a portion of the period of suspension.
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3,431.
Oberlander v. Canada (Attorney General) - 2015 FC 46 - 2015-01-13
Federal Court DecisionsHence, I will deal with each issue in turn. A. Res Judicata – Issue Estoppel [...] I will deal with each in turn. (1) Right to Comment on Minister’s Final Recommendation [...] I share this concern, but the Nuremberg Report also deals with people involved in executions:
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3,432.
AE Hospitality Ltd. v. Canada (National Revenue) - 2020 FCA 207 - 2020-12-01
Federal Court of Appeal DecisionsClients communicated issues that arose at events to the supervisor, who was expected to deal with those issues. [...] We do not agree that there was a breach of procedural fairness in this case. [...] It was not a breach of procedural fairness for the Court not to seek submissions.
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3,433.
Vidnusingam v. Canada (Citizenship and Immigration) - 2007 FC 443 - 2007-05-01
Federal Court DecisionsThey submit that fairness requires disclosure of such evidence where it is novel and significant and where the evidence may affect the decision. [...] In these circumstances, the Officer did not breach procedural fairness by failing to disclose the new information about country conditions to the applicants. [...] [17] They also submit that the Officer erred in stating that the National Police Commission (NPC) could protect them from the LTTE when the documentary evidence cited by the Officer stated that the NPC deals only with police.
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3,434.
Novac v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 533 - 2002-05-09
Federal Court Decisions[5] On this evidentiary record, Mrs. Novac says that had she been aware of the visa officer's concerns as to the veracity of the employer's letter of reference she would have been able to provide additional information to deal with the visa officer's concern. [...] number of her supervisor that the contents of the letter of reference she had provided would be verified, fairness required that, before disposing of the application, the visa officer inform Mrs. Novac that it had not been possible to reach her employer so as to give her a fair opportunity to address the resulting concern. [...] However, the existence of that onus did not relieve the visa officer of the duty to act fairly.
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3,435.
Neill v. The Queen - 1999-11-10
Tax Court of Canada Judgments[1] I thank counsel for her submissions and the fair way that she has put forward the case, as difficult as it was for her and for the Court as well. [...] The Court is dealing with a substantial amount of money, with a company that was substantial, with a company that has substantial assets, a company which employed a lawyer; an Appellant who employed a lawyer and the husband of the Appellant, during the divorce matter, who employed a lawyer. [...] They do seem to be fair and fairly indicative of what the Minister would do.
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3,436.
Saliga v. Canada (Armed Forces) - 1997-06-05
Federal Court DecisionsThe Commission's exercise of discretion is of course subject to the duty of procedural fairness. [...] I must therefore conclude that the applicant has failed to establish that the CHRC violated the duty of procedural fairness owed to him. [...] __________________ 1 41. Subject to section 40, the Commission shall deal with any complaint filed with it unless in respect of that complaint it appears to the Commission that [. . .]
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3,437.
Long Plain First Nation v. Canada - 2012 FC 1474 - 2012-12-20
Federal Court Decisions[1] This application deals with real property located within the City of Winnipeg known as the Kapyong Barracks. [...] As to Roseau River's Agreement, it provides at clause 4.12 that it may purchase land under the administration and control of Canada at fair market value. [...] ... the duty to consult and accommodate is part of a process of fair dealing and reconciliation that begins with the assertion of sovereignty and continues beyond formal claims resolution.
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3,438.
Dragicevic v. Canada (Citizenship and Immigration) - 2019 FC 1310 - 2019-10-18
Federal Court Decisions(1) Did the RPD breach the duty of procedural fairness? [16] The Applicants submit the RPD breached the duty of procedural fairness by failing to consider their submissions on the application to allow the claim without conducting an oral hearing. [...] The provision reflects the fact that the RPD must deal with a large number of refugee claims. [...] [29] The Applicants blur the lines between their procedural fairness arguments and reasonableness arguments.
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3,439.
Doan v. Canada (Attorney General) - 2016 FC 138 - 2016-02-04
Federal Court Decisions[15] The sole issue in this application is whether Transport Canada breached the Applicant’s right to procedural fairness. [...] The jurisprudence which recognizes a slightly higher duty of fairness in the context of revocation of an existing clearance appears to deal with individuals who have held that status for some time. [...] [25] In the result, I am satisfied that there was no breach of procedural fairness.
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3,440.
Thompson v. Canada (Public Safety and Emergency Preparedness) - 2015 FC 808 - 2015-06-30
Federal Court Decisions[14] As to calling the girlfriend, I am unable to find this constituted a denial of procedural fairness. [...] Rather, it demands that he have a fair opportunity to present his case to the best of his ability. [...] Nor does fairness dictate that the unrepresented litigant have a lawyer’s familiarity with procedures and forensic tactics.
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3,441.
Khan v. Canada (Citizenship and Immigration) - 2008 FC 121 - 2008-01-30
Federal Court Decisions[3] The issue of procedural fairness in this case arises in the following context. [...] The criteria deal with age, education, language, experience, arranged employment, and adaptability requirements. [...] [13] In my view, the officer did comply with the requirements of procedural fairness.
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3,442.
Kazi v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 733 - 2002-06-28
Federal Court DecisionsCounsel changed his argument from one alleging breach of procedural fairness for failure to provide an interpreter to one alleging breach of procedural fairness for failure to give notice that the obligation regarding interpretation, if required, lay with the applicant. [...] Several factors tend to reduce the content of the duty of fairness owed to visa applicants. [...] [19] Regarding the arguments with respect to the units of assessment awarded for education, experience and personal suitability, I will deal with each in turn.
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3,443.
Ceco Operations Ltd. v. The Queen - 2006 TCC 256 - 2006-06-12
Tax Court of Canada JudgmentsIt deals with the diversion of payments of money but does not change the nature or quality of the payments. [...] (iii) the fair market value of the property at the time of the disposition, [...] (iii) the fair market value of the property at the time of the disposition,
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3,444.
Osornio Ruiz v. Canada (Citizenship and Immigration) - 2009 FC 387 - 2009-04-17
Federal Court DecisionsNor was the Respondent given sufficient time to address the issue fairly. [...] The Applicant’s failure to take timely steps to deal with removal issues placed the Respondent and this Court in the position at the hearing, held barely two hours before flight departure, of making a determination on a sparse and incomplete assessment of all of the facts. [...] [6] Therefore, the Court concludes that the most prudent and fair result is to grant a brief stay to permit a more complete assessment of the facts and to permit the child to attend the next medical appointment on June 9, 2009.
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3,445.
Leung v. Canada (Citizenship and Immigration) - 2017 FC 636 - 2017-06-29
Federal Court DecisionsBut, in my view, this debate is of no moment where we are dealing with decisions that are the product of “fettered discretions.” The result is the same. [...] [23] According to the Respondent, the Officer did not breach any duty of procedural fairness by relying on the Manual without providing notice to the Applicants. [...] [29] The Applicants’ procedural fairness and fettering of discretion arguments are without merit.
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3,446.
Ivakhnenko v. Canada (Minister of Citizenship and Immigration) - 2004 FC 1249 - 2004-09-15
Federal Court Decisions[4] He arrived in Canada to complete a business deal for the purchase of three Mercedes ML-320s on behalf of Alex Shitikov, Dmitri Menshikov and himself. [...] [9] After his arrival in Canada, the Applicant's business deal for the purchase of the Mercedes cars went sour and the Applicant lost $20,000USD of Mr. Shitikov's and Mr. Menshikov's money. [...] The Officer considered the evidence that the right to a fair trial is restricted in practice.
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3,447.
Pelletier v. The Queen - 2002-11-13
Tax Court of Canada Judgments(u) On November 10, 1995, the date of the transfer, the fair market value of the 120 class "A" shares was $300,000. [...] The fair market value of these shares was $300,000. 16. The appellant received 20 shares in the corporation, with a fair market value of $50,000. [...] [11] Clause 16(b) deals with the value of the participating shares and reads as follows:
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3,448.
Chan v. Canada (Attorney General) - 2010 FC 1232 - 2010-12-07
Federal Court Decisionsb. Did the Commission have the jurisdiction to decide not to deal with the Applicant’s complaint? [...] because, in the present case, the Commission based its Decision on the fact that the Complaint had already been investigated as well as on the substance of the Textus report, the thoroughness of the investigation, and consideration as to whether the Textus investigation had been conducted on a fair and appropriate manner. [...] In particular, the Textus Report does not deal with discrimination, which needs to be examined by a human rights expert;
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3,449.
Dayfallah v. Canada (Attorney General) - 2018 FC 1120 - 2018-11-07
Federal Court Decisions[72] I will deal with each aspect separately. (1) Reasonableness of finding of subjective intent [...] This distinction is important, both for the purpose of delimiting the action that the Commission may take under the section in issue and for the purpose of defining the Commission’s duty to deal fairly with the people it investigates. [...] This distinction is important, both for the purpose of delimiting the action that the Commission may take under the section in issue and for the purpose of defining the Commission’s duty to deal fairly with the people it investigates [emphasis added by the Applicant].
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3,450.
Haghighi v. Canada (Minister of Citizenship and Immigration) - 1999-09-08
Federal Court DecisionsThese factors militate in favour of more relaxed requirements under the duty of fairness. [...] [11] Against the principles enunciated in Baker, counsel for the applicant urged that the applicant had not been given a "... meaningful opportunity to present [his] case fully and fairly" and to have his case "... fully and fairly considered". [...] [18] While my decision in respect of the fairness issue is determinative of this matter, given that I may well be called upon to certify a question on that issue, I will nonetheless deal briefly with the other issues raised by the applicant.