11,309 result(s)
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326.
Rukmangathan v. Canada (Minister of Citizenship and Immigration) - 2004 FC 284 - 2004-02-26
Federal Court Decisions...Visa officers deal with many applications, one can expect that they will not have as precise a memory of the event as does the applicant. [...] [40] The applicant's submission in relation to breaches of procedural fairness because of alleged undertakings that the officer made, but did not complete, is best left for another day, as I am not satisfied that the cases cited by the applicant in support of this issue are directly on point, as they deal with actions of [...] The cases cited by him deal with the interrelationship between the occupational and experience factors and are not applicable to the present situation.
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327.
Kruger Incorporated v. Canada - 2016 FCA 186 - 2016-06-22
Federal Court of Appeal DecisionsThe losses in question arise from dealing in foreign exchange options. [...] (i) was carried at fair market value in the taxpayer’s financial statements [...] (iii) solely because its fair market value was less than its cost to the taxpayer, or
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328.
Madsen v. The Queen - 2005 TCC 110 - 2005-02-25
Tax Court of Canada JudgmentsThese Supplementary Reasons for Judgment review the relevant facts and deals with the Primary Issue. [...] (c) a person with whom the person was not dealing at arm's length, the following rules apply: [...] (i) 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, and
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329.
Mache-Rameau v. Canada (Attorney General) - 2017 FC 43 - 2017-01-13
Federal Court DecisionsGeneral of Canada [AGC], the respondent, essentially maintains that the Tribunal does not have jurisdiction to deal with the allegation of breach of the memorandum of understanding, that the first complaint was considered by the investigator, and that the 10‑page limit does not breach the principles of procedural fairness. [...] [6] The Commission’s decision, which is the subject of this application for judicial review, deals with the Complaint, signed by Ms. Mache-Rameau on May 28, 2012. [...] [58] The Court agrees that Justice Boivin did not deal with the human rights issues raised by the Complaint.
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330.
Forsch v. Canadian Food Inspection Agency - 2004 FC 513 - 2004-04-02
Federal Court DecisionsHowever, in relation to the first question at issue, interpretation of the tribunal's powers, the tribunal cannot be seen as having a greater deal of expertise than the court, therefore this signals that little deference should be afforded. [...] In my opinion, the legislative intent of subsection 13(1) of the CFIA Act is to grant to the employer, the CFIA, control and autonomy in the manner in which it appoints its employees and deals with complaints in relation to such appointments. [...] This indicates, in my opinion, that the tribunal's recommendations and directions are regarded by the CFIA as integral and important to implementing its staffing policies and in dealing with individual grievances.
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331.
Joseph v. Canada (Citizenship and Immigration) - 2015 FC 904 - 2015-07-24
Federal Court DecisionsThe UNESCO report noted five special education institutions, three of which dealing specifically with persons with learning disabilities, including autism. [...] [41] In my view, the Officer did not breach procedural fairness in conducting and relying on the independent internet search. [...] [45] Overall, in my view the Officer reasonably weighed the BIOC against other factors in dealing with the Applicants’ application for H&C relief.
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332.
Ribic v. Canada (Attorney General) - 2003 FCT 10 - 2003-01-09
Federal Court DecisionsI need not further deal with this additional material since it has already been released to the applicant. [...] 27. In assessing the expurgated testimony of the witnesses, I think it fair to say that much of the expurgated information deals with operationally sensitive material which would serve to corroborate testimony, given in other parts of the transcripts, which has been disclosed to the applicant. [...] That interest, in my view, is outweighed by the applicant's right to a full and fair defence.
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333.
Bell Canada v. Communication, Energy and Paperworkers Union of Canada - 1997-02-21
Federal Court DecisionsThe Act sets out a complete mechanism for dealing with human rights complaints. [...] In dealing with complaints, the Commission must assess the probative value of evidence and decide to further investigate or not. [...] In all these cases it has been held that the investigating body is under a duty to act fairly; but that which fairness requires depends on the nature of the investigation and the consequences which it may have on persons affected by it.
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334.
Walsh v. Canada (Attorney General) - 2015 FC 775 - 2015-06-22
Federal Court Decisions[18] Before dealing with the Applicant’s main arguments, the CDS addressed a few preliminary issues. [...] [42] When dealing with an argument revolving around the adequacy of reasons, one must remember that such an argument cannot be a stand-alone basis for quashing a decision. [...] B. The procedural fairness argument [49] The Committee found that the Applicant was not provided procedural fairness in that the Administrative Review Process was fundamentally flawed.
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335.
Neyedly v. Canada (Attorney General) - 2020 FC 678 - 2020-06-09
Federal Court Decisions[2] The Applicant says that the decision to deny most of his fairness claim is unreasonable. [...] It also took 44 months to process the Applicant’s first application to the Fairness Board. [...] The audit and dealing with the objections took some time, but this is not the type of extraordinary circumstance that gives rise to taxpayer relief.
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336.
Njoroge v. Canada (Attorney General) - 2022 FC 1769 - 2022-12-20
Federal Court DecisionsThe Court must be satisfied the duty of procedural fairness was met. In so doing, the focus is on whether a fair and just process was followed having regard to all the circumstances. [...] [68] The Applicant simply makes bald allegations of bias and lack of procedural fairness. [...] Second, contrary to the Applicant’s assertions, the evidence before me demonstrates that Respondent’s counsel has taken reasonable positions throughout the litigation and has been quite patient and fair in her dealings with the Applicant.
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337.
Chamberlain v. Canada (Attorney General) - 2015 FC 50 - 2015-01-15
Federal Court DecisionsC. Procedural fairness [29] Ms. Chamberlain alleges the adjudicator breached his duty to act fairly and failed to be impartial. [...] [34] Ms. Chamberlain submits the adjudicator erred in concluding that he did not have jurisdiction to deal with her human rights allegations. [...] [37] At the same time, the adjudicator was dealing with a pure question of law which required him to interpret provisions of the PSLRA that were determinative of his jurisdiction to deal with Ms. Chamberlain’s grievance.
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338.
Loyer v. Air Canada - 2006 FC 1172 - 2006-10-02
Federal Court DecisionsBy order of Justice Farley, Martin Teplitsky, Q.C. was appointed to deal with these grievances. [...] An alleged lack of thoroughness in a human rights investigation engages questions of procedural fairness. [...] Rather, the task for the Court is to isolate any act or omission relevant to the question of procedural fairness, and to determine whether the process followed by the Commission satisfied the level of fairness required in all of the circumstances.
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339.
Valair v. Canada (Attorney General) - 2004 FC 692 - 2004-05-12
Federal Court Decisions[34] The remaining four paragraphs of her comments on the report deal with harassment. [...] [43] The second ground advanced by counsel for the applicant relates to a breach in fairness. [...] [78] In the circumstances, I conclude the applicant has not satisfied me either the Commission or the investigator erred in not dealing with the polygraph evidence.
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340.
Air Passengers Rights v. Canada (Transportation Agency) - 2020 FCA 92 - 2020-05-22
Federal Court of Appeal DecisionsOn March 25, 2020, the CTA posted a statement on its website dealing with flight cancellations. [...] According to APR, this creates a reasonable apprehension that CTA members will not deal with passenger complaints fairly. [...] Relief could then be sought in this Court if the complainant is not persuaded that they have received a fair hearing.
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341.
Kisfaludy v. Canada (Citizenship and Immigration) - 2019 FC 288 - 2019-04-30
Federal Court DecisionsDid the RPD commit a breach of procedural fairness or a reasonable apprehension of bias? [...] A. Did the RPD commit a breach of procedural fairness or a reasonable apprehension of bias? [...] [the decision-maker], whether consciously or unconsciously, would not decide fairly.”
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342.
Obonsawin v. The Queen - 2004 TCC 3 - 2004-02-06
Tax Court of Canada JudgmentsIt is trite law that there is a general duty of fairness resting on all public decision-makers. ... [...] It seems to me that this is the underlying question which the courts have sought to answer in all the cases dealing with natural justice and with fairness. [...] A duty of fairness surely extends to a Minister determining an assessment.
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343.
Matingou-Testie v. Canada (Citizenship and Immigration) - 2015 FC 651 - 2015-05-20
Federal Court Decisions[5] In this case, the officer accepted a great deal of new evidence and noted that she was satisfied with the applicant’s identity. [...] and safety of the person in question raises an issue of procedural fairness to which the standard of correctness applies, inasmuch as in this case, it is the first time that there is a final decision dealing with the merit of the allegations of persecution or risk made by the applicant under sections 96 and 97 of the Act. [...] In considering the lack of an objective risk of returning to the DRC, the officer noted that the applicant filed a great deal of evidence showing that some failed refugee claimants, and particularly those returning from the United Kingdom, are at risk.
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344.
Cottrell v. Chippewas of Rama Mnjikaning First Nation - 2009 FC 261 - 2009-03-16
Federal Court DecisionsThis fiduciary duty requires band councils to deal with their members in a manner that embodies principles of utmost fairness. [...] [50] In the Applicant’s view, the Band Council had a fiduciary duty to exercise the utmost fairness in its dealings with him, particularly since his disability rendered him more vulnerable than his fellow Band members. [...] [80] I am not here dealing with the respective contractual rights and obligations of the parties.
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345.
Hagos v. Canada (Attorney General) - 2014 FC 231 - 2014-03-07
Federal Court DecisionsThe lack of adequate reasons does not give rise anymore to successful procedural fairness arguments. [...] In fairness, there is not either anything to conclude that the Federal Court decision was endorsed on appeal. [...] Procedural fairness was afforded fully in my view: they were given a full opportunity to respond.
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346.
Fabiano v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1260 - 2005-09-14
Federal Court Decisions[32] The Board does not deal with the well-groundedness of the Applicant's refugee claim, but certainly it does not raise any credibility issues concerning his narrative. [...] However, the official did not believe that the applicant would have to travel to Argentina in order to deal with such matters. [...] But the document itself says it does not deal with the point at issue.
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347.
Jama v. Canada (Attorney General) - 2020 FC 308 - 2020-02-26
Federal Court Decisions[6] Mr. Aziz’s affidavit, which is dated January 29, 2020, and which, including its annexes, totals close to 750 pages, deals with the following three matters: [...] Justice Noël also advised that the Chief Justice would be assigning a Designated Judge “to deal with all further matters”. [...] [25] In fact, she did just that in her response to the Fairness Letter.
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348.
Burns v. The Queen - 2006 TCC 309 - 2006-07-26
Tax Court of Canada Judgments(c) a person with whom the person was not dealing at arm's length, the following rules apply: [...] (i) 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, and [...] 2) the transferor and transferee must not have been dealing at arm's length;
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349.
MacKay v. The Queen - 2007 TCC 94 - 2007-02-21
Tax Court of Canada Judgments[48] At the Partnership's December 31, 1993 year-end, the Partnership wrote down the value of the Shopping Centre to its fair market value. [...] He explained that his investment decisions were often based on the person doing the deal and not just the deal itself. [...] He stated that the deal fit perfectly with the Bank's mandate of dealing with non-accrual loans.
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350.
NG v. Canada (Attorney General) - 2008 FC 1298 - 2008-11-21
Federal Court Decisions[32] I wish to first deal with Issue 2c. [33] Issue 2c Did the officer breach procedural fairness when he failed to provide the applicant with documents submitted to the officer by the selection board? [...] [37] Because of my finding on this issue, I need not deal with the remaining issues. [...] (2) No collective agreement may deal with matters governed by the staffing program.