11,312 result(s)
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3,576.
Canada (Minister of Citizenship and Immigration) v. Sohal - 2004 FC 660 - 2004-05-06
Federal Court DecisionsIt may be that this application for judicial review would have been unnecessary if the Immigration Appeal Division had been given the opportunity to deal with the merits of the appeal. [...] a) soit y faire droit; b) soit le rejeter; c) soit, s'il s'agit d'un appel fondé sur les alinéas 70(1)b) ou 70(3)b) et relatif à une mesure de renvoi, ordonner de surseoir à l'exécution de celle-ci; [...] ... 77.(4) La section d'appel peut faire droit à l'appel visé au paragraphe (3) ou le rejeter.
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3,577.
Morasse v. The Queen - 2004 TCC 239 - 2004-03-23
Tax Court of Canada JudgmentsB is the fair market value of the spin-off share immediately after its distribution to the taxpayer, and [...] (ii) the fair market value of the spin-off share immediately after its distribution to the taxpayer; and [...] Does then paragraph 86.1(2)(c), dealing with corporations resident in the US, come into play?
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3,578.
Canada v. Cervinus Inc. - 2002 FCA 398 - 2002-10-22
Federal Court of Appeal DecisionsIn particular, my colleague's suggestion that the approach proposed by the McElheran memorandum reflects a more fair and reasonable way of dealing with the imported deer ignores the fact that further fecal examinations (as proposed by the McElheran memorandum) were not required, by law or by virtue of the protocol to rule [...] Keeping in mind the reasons which I have given, I do not see how the approach espoused by the McElheran memorandum can be said to be "fair" or "reasonable". [...] [32] Having regard to this result, it is not necessary to deal with the cross appeals.
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3,579.
Chitrakar v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 888 - 2002-08-19
Federal Court Decisions1) Breach of duty of fairness [7] Before considering the analysis on exclusion, it is necessary to examine if the duty of fairness was respected. [...] 69.1(5) Droit de se faire entendre - À l'audience, la section du statut_: [...] The Ramirez, Moreno and Sivakumar cases all deal with the degree or type of participation which will constitute complicity.
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3,580.
Connaught Laboratories Ltd. v. Medeva Pharma Ltd. - 1999-12-17
Federal Court Decisions(d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or [...] It is fair to say, I think, that no Canadian Court has gone that far in issue estoppel cases and there is no necessity to discuss that problem in this case because the parties were the same in each proceeding. [...] Patent litigation is already complex, in this Court and in every court that deals with patents.
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3,581.
Huezo v. Canada (Minister of Citizenship and Immigration) - 1999-10-01
Federal Court Decisions[15] In R.J.R. - MacDonald, supra, Sopinka and Cory JJ. indicated the approach to be taken in dealing with this point. [...] He thus did not perform his duty to give the plaintiff the procedural fairness to which she was entitled. [...] (2) the Senior Immigration Officer met the requirements of procedural fairness when he met with the plaintiff on September 2, 1999 accompanied by an interpreter and gave her explanations.
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3,582.
Bennett v. Public Service Alliance of Canada - 2015 FCA 142 - 2015-06-10
Federal Court of Appeal DecisionsIn their view, the Board “failed in its duty to be fair ... when it dismissed without a viva voce hearing a strong prima facie case that the [Alliance] failed to fairly represent Ms. Bennett and Mr. King” (applicants’ memorandum of fact and law at paragraph 9). [...] In its 2010 decision dealing with the grievance, the Board states this fact clearly (King v. Deputy Head (Canada Border Services Agency), 2010 PSLRB 125, [2010] C.P.S.L.R.B. No. 136 at paragraph 178). [...] I conclude that there was no breach of the applicants’ right to procedural fairness.
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3,583.
Ahumada Rojas v. Canada (Citizenship and Immigration) - 2012 FC 1303 - 2012-11-07
Federal Court DecisionsThe standard of review of the second question, which deals with procedural fairness, is correctness: Foroogh v Canada (Minister of Citizenship and Immigration), 2012 FC 1171, at paras 16-17. [...] 2. Procedural Fairness [16] The applicant submits that he was not provided with a reasonable opportunity to respond to the officer’s concerns. [...] There was no breach of procedural fairness by the officer. 3. Failure to Consider Respondent’s Policy
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3,584.
Ghaloghlyan v. Canada (Citizenship and Immigration) - 2011 FC 1252 - 2011-11-02
Federal Court DecisionsOn this factual issue, the Applicant argues that his request for relief was misconducted because the decision under review was rendered without consideration of all the evidence he had to offer, and, therefore, in breach of the duty of fairness owed to him. [...] [3] The Applicant’s breach of fairness argument is that the negative H&C decision was rendered prior to him being provided with the opportunity to submit updated information that goes to establish a critical change in his family situation in Armenia. [...] [4] The fairness argument puts a focus on the sequence of uncontested events with respect to the production of evidence in support of the Applicant’s request for H&C relief.
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3,585.
Ellenton v. The Queen - 2010 TCC 441 - 2010-07-08
Tax Court of Canada JudgmentsBoth these applications deal with an application for extension of time to file a notice of objection under sections 166.2 and 304 respectively of the Income Tax Act and Excise Tax Act. [...] 4 ... It is not open to the Court to make exceptions to statutory provisions on the ground of fairness or equity. [...] Aside from seeking remedy against his former advisor or an attempt for redress from the Fairness Commission of the CRA, the Appellant would appear to have no redress from this Court.
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3,586.
Nixon v. Canada (Attorney General) - 2009 FC 1191 - 2009-11-19
Federal Court Decisions[10] The Adjudicator is to be shown a great deal of deference in assessing the reasonableness of his decision. [...] He contends that there is a public interest in having the Court judicially review the Adjudicator’s decision as, he submits, there were egregious violations of procedural fairness. [...] I do not read Justice MacKay’s comments in Cannon about procedural fairness issues as an invitation to bring them before the Court at an early stage of the grievance process.
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3,587.
Nugent v. The Queen - 2004 TCC 52 - 2004-02-11
Tax Court of Canada Judgments[4] During 1998 and 1999, the Appellant owned two or three horses and participated in 20 different shows and fairs. [...] In 1998, he had income of $1,000 from the sale of hay and $2,300 from Fall Fair Prizes. [...] In 1999, his farm income was $1,200 from the sale of hay, $1,500 from the sale of a horse and $2,500 for Fall Fair Prizes.
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3,588.
Miller v. Canada(Customs & Revenue Agency) - 2004 FC 46 - 2004-01-13
Federal Court Decisions[2] Subsection 220 (3.1), commonly referred to as one of the fairness provisions, provides as follows: [...] 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 under [...] [9] In Sharma, supra, Mr. Justice Pelletier determined that the taxpayer's entire compliance history is relevant to the question of whether it is fair to relieve the taxpayer of a present obligation.
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3,589.
Watt v. Canada - 2001 FCA 72 - 2001-03-16
Federal Court of Appeal DecisionsThe Minister contended that the values attributed by the Appellant to the tractors exceeded their fair market value. [...] [9] Although the Court was dealing in that case with different facts, Dickson J., as he then was, established a test which has been followed ever since: [...] [17] The Appellant did not adduce any independent evidence as to the fair market value of the new or used tractors and the Tax Court Judge found that the Appellant had failed to refute the Minister's assumptions of their fair market value.
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3,590.
Quinton v. The Queen - 2000-05-19
Tax Court of Canada Judgments1. At all material times the Appellant was the spouse of Mr. Quinton and consequently they were not dealing with each other at arm's length. [...] 3. The fair market value of the property at the time of the transfer was approximately $90,000.00. [...] (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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3,591.
Jacobs v. Canada (Minister of Citizenship and Immigration) - 1998-03-12
Federal Court DecisionsI will deal with the three interim reliefs that are sought in order. [8] The first is an order to stay a detention hearing scheduled for this morning, that is for an hour that preceded the hour at which this hearing took place. [...] Once again, I find it difficult to understand how Mr. Jacobs, in the circumstances attested to in his affidavit can wish for other than a full and fair opportunity, I emphasize full and fair, to present the case why he should not be ordered removed from Canada. [...] Quite frankly, on the basis of the material before me, I conclude that quite the opposite is the case, assuming once again that the inquiry will be both full and fair.
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3,592.
Cooke v. Canada - 1997-03-19
Federal Court of Appeal Decisions(c) a person with whom he 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 [...] 160(1)(e)(i) of the Act. Secondly, she argues that the respondent failed to show the fair market value of the matrimonial home on the date of transfer but, instead, utilized the sale price realized upon the sale of the property in 1984 as establishing the fair market value for the purposes of subsection 160(1).
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3,593.
Ahsan v. Canada (Citizenship and Immigration) - 2024 FC 956 - 2024-06-19
Federal Court DecisionsThe visa officer, however, was not required to deal explicitly with Mr. Ahsan’s travel history. [...] [6] Lastly, Mr. Ahsan argues that the officer breached procedural fairness by failing to give notice of their concerns and to afford him an opportunity to respond. [...] However, it is well established that visa applications attract a low degree of procedural fairness and that, barring credibility concerns, officers are not required to give notice of concerns that arise from the materials submitted with the application.
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3,594.
Fairmont Resort Properties Ltd. v. Fairmont Hotel Management, L.P. - 2008 FC 876 - 2008-07-21
Federal Court DecisionsIt was the vision of two (2) San Francisco women, Tessie and Virginia Fair. [...] He attests that he has “...dealt with and continue[s] to deal with travel agents across Canada.” [...] In light of that line of authority, I will nonetheless deal with the remaining issues before the Court.
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3,595.
Cosgrove v. Canadian Judicial Council - 2005 FC 1454 - 2005-10-26
Federal Court Decisions[65] Subsection 63(3) deals with the constitution of Inquiry Committees, whereas subsection 63(4) deals with the powers of Committees to compel the attendance of witnesses and the production of documents. [...] Subsections 63(5) and (6) deal with the public nature of the process, with the CJC being empowered to determine the extent to which the process will be public in nature. [...] d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal.
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3,596.
Poulin v. The Queen - 2016 TCC 154 - 2016-06-14
Tax Court of Canada Judgmentsexceeds the fair market value, immediately after the disposition, of any consideration (other than the new shares) received by the taxpayer from the purchaser corporation for the subject shares, and [...] D is the fair market value, immediately after the disposition, of any consideration (other than the new shares) received by the taxpayer from the purchaser corporation for the subject shares, [...] (a) related persons shall be deemed not to deal with each other at arm’s length;
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3,597.
Cherevaty v. Canada - 2016 FCA 71 - 2016-03-04
Federal Court of Appeal Decisions(a) the fair market value of the property transferred to her minus the amount of any consideration given for that property; and [...] (b) the parties involved are by agreement dealing at arms [sic] length; [...] [11] In R. v. R.E.M., [2008] SCC 51, [2008] 3 S.C.R. 3, McLachlin C.J., writing on behalf of the Supreme Court of Canada, referred to several cases dealing with the issue of the sufficiency of reasons and then stated that:
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3,598.
Thunderchild First Nation v. Weekusk - 2015 FCA 284 - 2015-12-11
Federal Court of Appeal DecisionsThe Federal Court went on to conclude that the decision to suspend Mr. Weekusk and to request his removal from office was made in breach of the requirements of procedural fairness and set it aside. [...] In spring 2013, he specifically asked that a hearing of his matter be held but was advised that the Appeal Tribunal had chosen to deal with certain other matters before dealing with his. [...] On a fair reading of those pleadings, I believe that this request for a declaration is simply a request for confirmation that the 30-day time limit does not apply to Mr. Weekusk’s application for judicial review.
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3,599.
Kanto v. Canada (Citizenship and Immigration) - 2014 FC 628 - 2014-06-27
Federal Court DecisionsIn some cases, the Court applied a correctness standard because the matter was viewed essentially as a matter of procedural fairness (see, for example, Hurtado Prieto v Canada (Minister of Citizenship and Immigration), 2010 FC 253 (available on CanLII); Sen v Canada (Minister of Citizenship and Immigration), 2006 FC 1435 [...] The Officer fails to mention this contradictory evidence and the excerpts included do not represent a fair or balanced reading of the evidence. [...] [25] In light of my findings on the first two issues, I find it unnecessary to deal with the third.
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3,600.
Bastamie v. Canada (Citizenship and Immigration) - 2014 FC 251 - 2014-03-14
Federal Court DecisionsWhile it is possible that these were referred to in the fairly abundant amount of documentation that had been adduced up to that point, there is nothing to indicate that both arguments were taken into consideration. [...] It did not deal with whether a person without refugee status would be at risk because of their failed refugee claim. [...] However, I did indicate at the hearing that I was not convinced that the issue in this case might not be a matter of procedural fairness, which would then be reviewable on a correctness standard (Khosa, above).