11,312 result(s)
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3,551.
Adamidis v. Canada (Treasury Board) - 2006 FC 243 - 2006-02-23
Federal Court Decisions[1] This judicial review deals with a decision on classification of a position within the federal public service, specifically the classification of Refugee Protection Officers (RPOs) employed with the Immigration and Refugee Board (IRB). [...] 4. Was Horbay denied procedural fairness? IV. Analysis A. Standard of Review [...] These factors suggest that the level of fairness is somewhere in the lower zone of the spectrum of fairness (Chong, above.)
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3,552.
Arumugam v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 985 - 2001-09-04
Federal Court DecisionsIn Haghighi v. M.C.I. (1999) 174 F.T.R. 123 at para. 15 (T.D.), Mr. Justice Gibson held that in dealing with an h & c application, fairness requires an opportunity for the applicant to know the evidence considered by an IO and to be provided an opportunity to comment on it. [...] Generally, the passage of time will not result in breach of the duty of fairness. [...] [24] Issues of fairness in the process followed by the decision-maker do not ordinarily raise questions about the standard of review.
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3,553.
Mangat v. Canada (Citizenship and Immigration) - 2019 FC 1299 - 2019-10-16
Federal Court DecisionsIt is also consistent with the recent Dhaliwal decision of this Court, which deals with somewhat similar facts, and which was relied on by both parties in this proceeding. [...] As a matter of fairness, and in the interests of finality, the Applicant was entitled to rely on that decision. [...] The IAD was not determining the case on its merits, but rather dealing with a preliminary motion, in writing.
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3,554.
Salaison Lévesque inc. v. The Queen - 2015 TCC 247 - 2015-10-21
Tax Court of Canada JudgmentsSuch audits must be carried out with respect and a great deal of rigour, without being botched under the pretext that the burden of proof is on the shoulders of the person being audited. [...] Over the years, although improved, bills of costs remain overall fairly marginal in relation to the actual costs that must be invested in a trial. [...] [44] If they fail to meet those obligations, they risk having to deal with notices of assessment, the basis of which is inevitably arbitrary, hypothetical and even intuitive in some cases.
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3,555.
Stevenson v. Canada (Attorney General) - 2014 FC 1130 - 2014-11-25
Federal Court DecisionsIt has a great deal of expertise in assessing claims like this and its credibility findings are entitled to deference. [...] 84. Le demandeur qui n’est pas satisfait d’une décision du ministre prise sous le régime de la présente loi, mais non sous celui de l’article 83, ou du paragraphe 34(5) de la Loi sur le Tribunal des anciens combattants (révision et appel) peut la faire réviser par le Tribunal. [...] 26. The Board has full and exclusive jurisdiction to hear, determine and deal with all appeals that may be made to the Board under section 25 or under the War Veterans Allowance Act or any other Act of Parliament, and all matters related to those appeals.
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3,556.
Canada (Attorney General) v. Trust Business Systems - 2007 FCA 89 - 2007-03-06
Federal Court of Appeal DecisionsThe Tribunal is responsible for ensuring that government contracting is carried out in an open and fair manner. [...] This responsibility flows from the NAFTA and AIT, each of which requires Canada to offer fair and open access to government procurement contracts for goods and services. [...] Procurement disputes, however, are primarily bipartite in nature and include little policy or broad economic consideration, beyond the general goal of ensuring that government procurement is fair and open.
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3,557.
Johnson v. The Queen - 2005 TCC 205 - 2005-04-11
Tax Court of Canada Judgments(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 [...] [24] Subparagraph 50(1)(b)(ii), which is located in this provision just prior to the relevant section I am dealing with here, states: [...] Big Deal! It's in the Notes, but it doesn't really mean anything. (Transcript, page 47.)
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3,558.
Griffith v. Canada (Minister of Citizenship and Immigration) - 1999-07-14
Federal Court Decisions[2] In addition to dealing with this obvious reviewable error requiring a redetermination of Ms. Griffith"s application, to ensure a full and fair rehearing of her application, and, indeed, that of other women in her situation, I find it necessary to make an observation about the failure of the CRDD to adequately take into [...] I"ll deal with those at this time. The first issue that was identified was the issue of nexus, whether there"s a link between the claim and the Convention refugee definition. [...] [20] Therefore, the Gender Guidelines suggest that to assess the actions of a women subjected to domestic violence, special knowledge is an essential tool to use in reaching a fair and correct judgment.
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3,559.
Nunavut Tunngavik Incorporated v. Canada (Fisheries and Oceans) - 2024 FC 649 - 2024-04-26
Federal Court DecisionsThe honour of the Crown is a constitutional principle that is always at stake when the Crown deals with Indigenous people (Manitoba Metis Federation Inc v Canada (Attorney General), 2013 SCC 14 at paras 69-70 [Manitoba Metis]; NTI v Canada (Attorney General), 2012 NUCJ 11, rev’d in part, 2014 NUCA 2). [...] FNC Quota agrees that the honour of the Crown is “always at stake” in the Crown’s dealings with Indigenous people, and that in this case the Crown had to pay attention to the Mi’kmaq Coalition’s interests since the Transaction could secure their long-term prosperity. [...] (4) Conclusion on Procedural Fairness [92] The Minister did not breach the duty of procedural fairness.
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3,560.
Plummer-Grolway v. Canada (Attorney General) - 2021 FC 444 - 2021-05-13
Federal Court Decisions[31] Procedural fairness is the determinative issue and for this reason, it is not necessary to consider many of the other issues raised by the Applicant. [...] I will deal only with the following additional questions because the answers may assist during the reconsideration. [...] The only time alternative remedies are discussed in the Standard is in the context of dealing with employees at PSPC who fail to implement the Standard.
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3,561.
Canada (Attorney General) v. Yodjeu - 2019 FCA 178 - 2019-06-12
Federal Court of Appeal Decisions[13] It is now well established that a judge must recuse himself or herself if the judge feels that he or she is not in a position to rule in all fairness and impartiality on the case before him or her. [...] Would he think that it is more likely than not that [the decision maker], whether consciously or unconsciously, would not decide fairly.” (page 394). [...] Given the limited resources available to courts to deal with the cases before them, it is of utmost importance that such behaviour not be tolerated and that limits be placed on those who abuse the judicial system.
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3,562.
Valeant Canada LP v. Canada (Health) - 2013 FC 1254 - 2013-12-16
Federal Court Decisions[3] The ‘224 Patent deals with formulations and manufacturing processes for the cardiovascular drug, diltiazem. [...] [25] Second, the blind application of the principle of consistency should not and cannot override fairness. [...] Accordingly, fairness in permitting it an opportunity to prove its case overcomes consistency.
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3,563.
Corporation of the County of Renfrew v. The Queen - 2010 TCC 50 - 2010-03-05
Tax Court of Canada JudgmentsIn other words, the Appellant was of the belief that at the time it could not claim any input tax credits for the portion of the construction costs representing the assessed fair market value of the property at $13,420,000 only on the amount over such value. [...] Line 405 dealing with GST to be self-assessed is left blank. Clearly there is no evidence that any tax let alone the entire amount of tax was reported in connection with the self-supply of the complex which cost $31,234,103. [...] The intention of the budget seems clear that retroactive treatment was the method by which Parliament chose to deal with the results of North Shore Health Region when certain terms are met.
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3,564.
Canada (Citizenship and Immigration) v. X - 2010 FC 112 - 2010-02-02
Federal Court DecisionsI noted in the hearing that there had been a great deal of questioning about LTTE-type subjects included in the interviews. [...] (b) Did the Board breach the duty of fairness by preventing the Applicant from making its case with respect to the issue of conditions for the Respondent’s release? [...] [23] I am not convinced that the Board acted unfairly in its response to the Minister’s request to reopen the hearing to deal with the conditions of the Respondent’s release.
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3,565.
Armstrong v. Canada (Attorney General) - 2010 FC 91 - 2010-01-27
Federal Court Decisions[2] This judicial review deals with her efforts to obtain a disability pension. [...] [19] There are certain fairly unique presumptions which must be taken into consideration in assessing the cause or aggravation of Ms. Armstrong’s disability. [...] The “crumbling skull” doctrine is an awkward label for a fairly simple idea.
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3,566.
Skobodzinska v. Canada (Citizenship and Immigration) - 2008 FC 887 - 2008-07-18
Federal Court Decisions[3] In a fairness letter dated August 14, 2007 from Citizenship and Immigration Canada, she was advised that her application for landing may have to be refused because her son was convicted of a criminal offence in 2005 for threatening to cause bodily harm to another person. [...] [23] While the fairness letter sent to the applicant on August 14, 2007 refers both to s. 72(1)(e)(i) of the Regulations and s. 42 of the Act, the decision dated December 5, 2007 made reference solely to s. 72(1)(e)(i) of the Regulations. [...] As s. 42 of the Act deals with admissibility, it was reasonable for the officer not apply this provision in the present case.
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3,567.
Moiseev v. Canada (Citizenship and Immigration) - 2008 FC 88 - 2008-01-23
Federal Court Decisions[18] The second issue raised by the applicant pertains to procedural fairness. [...] [52] The provisions deal with subversion and terrorism. The context in immigration legislation is public safety and national security, the most serious concerns of government. [...] The jurisprudence is quite clear that the duty of fairness is not breached if the applicant had an opportunity to respond to the concerns raised in the visa officer’s mind: see, for example, Au, above; Zheng v. Canada (Minister of Citizenship and Immigration), [1999] F.C.J. No. 1397 (F.C.) (QL).
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3,568.
Rumpler v. Canada (Minister of Citizenship and Immigration) - 2006 FC 1485 - 2006-12-13
Federal Court Decisions70.(1) Sous réserve du paragraphe (4), les résidents permanents et les titulaires de permis de retour en cours de validité et conformes aux règlements peuvent faire appel d’une mesure de renvoi devant la Commission en invoquant les moyens suivants : [...] [24] The provisions under the IRPA, not found in the Immigration Act, particularly those affecting the loss of permanent residence status and the explicit provisions dealing with the right of appeal to the Appeal Division raise questions as to the applicability of the above discussed jurisprudence cited by the Respondent [...] [37] Given that my findings in regard to the second issue are determinative of this application, it is therefore unnecessary to deal with the third and final issue raised by the Applicant.
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3,569.
Waters v. The Queen - 2006 TCC 553 - 2006-10-11
Tax Court of Canada Judgments[7] The Appellant requests a decision in this appeal based on fairness, common sense, and perhaps estoppel, in that he had been receiving the funding tax-free for many years, and relied on tax-free funds in continuing his education. [...] [10] I will now deal with these submissions. The Tax Court is not one of equity and it must apply the law as written in the legislation. [...] Mr. Malkowski made a persuasive argument in favour of equity and fairness.
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3,570.
Marchessault v. The Queen - 2006 TCC 445 - 2006-08-18
Tax Court of Canada Judgmentsthe insolvent person ceases to have such rights to use or deal with assets secured under the agreement as he would otherwise have, has any force or effect, [...] Or, comme l'illustre l'intimé dans son mémoire, la prétention du sous-ministre mènerait au résultat incongru où le débiteur aurait avantage à faire faillite plutôt que de présenter une proposition à ses créanciers : [...] En effet, il serait alors plus avantageux pour un contribuable de faire faillite que de faire une proposition puisque dans le dernier cas il ne serait pas libéré des dettes fiscales de l'année au cours de laquelle il a déposé sa proposition.
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3,571.
Ritchie v. Canada (Minister of Citizenship and Immigration) - 2006 FC 99 - 2006-01-31
Federal Court DecisionsThis failure caused a breach of natural justice; the Applicant did not have the fair hearing to which she was entitled. [...] [5] In her affidavit filed in the present Application, the Applicant states why she feels that she did not receive a fair hearing: [...] [10] The following passage from the transcript deals with the issue of the Applicant leaving her son:
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3,572.
Ngarah v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1525 - 2005-11-09
Federal Court DecisionsC. Did the Board's conduct of the Applicant's refugee hearing violate principles of procedural fairness or natural justice? [...] At this point in its reasons the Board was only dealing with the Applicant's identity documents and not his sexual orientation, the key element of his claim. [...] The Applicant has failed to establish that the Board's conduct at the hearing violates principles of procedural fairness or natural justice.
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3,573.
Canada v. Telus Communications (Edmonton) Inc. - 2005 FCA 159 - 2005-05-06
Federal Court of Appeal Decisions306.1 (1) Malgré les articles 302 et 306, la personne qui produit un avis d'opposition à une cotisation relativement à laquelle elle est une personne déterminée, au sens du paragraphe 301(1), ne peut interjeter appel devant la Cour canadienne de l'impôt pour faire annuler la cotisation, ou en faire établir une nouvelle, [...] [17] I find that, notwithstanding the pleadings, the Tax Court, in an appeal involving a "specified person", has no jurisdiction to deal with an issue that was not properly raised in the notice of objection. [...] The Minister, it says, should have proceeded under rule 58(1)(b) of the Tax Court of Canada Rules (General Procedure) dealing with the determination of questions of mixed law and fact.
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3,574.
Le Corre v. Canada (Attorney General) - 2005 FCA 127 - 2005-04-12
Federal Court of Appeal Decisions(d) a class action is the preferable procedure for the fair and efficient resolution of the common questions of law or fact; and [...] (I) would fairly and adequately represent the interests of the class, [...] Now a pleading refers to a fairly limited number of specific documents.
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3,575.
Canada (Minister of Citizenship and Immigration) v. Seifert - 2004 FCA 343 - 2004-10-14
Federal Court of Appeal DecisionsRule 272 deals specifically with evidence to be taken outside of Canada, and provides for the issuance by the Court of a commission under the seal of the Court. [...] Frais de déplacement, d'habillement, Faire beaucoup de frais, de grants frais pour réparer une maison. [...] The rule simply allows the Court to deal with those practical matters which arise from the fact that the trial evidence will not be taken in the courtroom.