11,312 result(s)
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3,601.
Orient Overseas Container Line Limited v. Sogelco International - 2011 FC 1466 - 2011-12-13
Federal Court DecisionsThe issue to be resolved is whether, under the circumstances, it is still possible to have a fair trial after such a long delay. [...] [13] The Prothonotary had a fair amount of material before him. The application to register was accompanied by an affidavit of Y.P. Lau, OOCL’s collection manager, to which was attached a copy of the arbitration award and the underlying service contract. [...] [24] Article 36 deals with public policy grounds for refusing recognition or enforcement, none of which apply here.
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3,602.
Becerra Vazquez v. Canada (Citizenship and Immigration) - 2011 FC 9 - 2011-01-06
Federal Court Decisions[15] The applicant also raised an issue with respect to procedural fairness, to which the standard of correctness applies (Canada (Minister of Citizenship and Immigration) v. Khosa, [2009] 1 S.C.R. 339, at paragraph 43). [...] * * * * * * * * [16] Dealing with the question of credibility: i) The meaning of “éditorial” [...] [31] Given my above disposition of the issue of credibility, which is determinative of the application for judicial review, it will not be necessary to deal with the other issue concerning procedural fairness.
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3,603.
Charran v. The Queen - 2010 TCC 201 - 2010-04-20
Tax Court of Canada Judgments(ii) to a person with whom the taxpayer was dealing at arm’s length of any property that is [...] “small business corporation” - “small business corporation”, at any particular time, means, subject to subsection 110.6(15), a particular corporation that is a Canadian-controlled private corporation all or substantially all of the fair market value of the assets of which at that time is attributable to assets that are [...] (c) assets described in paragraphs (a) and (b), including, for the purpose of paragraph 39(1)(c), a corporation that was at any time in the 12 months preceding that time a small business corporation, and, for the purpose of this definition, the fair market value of a net income stabilization account shall be deemed to be
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3,604.
Prekaj v. Canada (Citizenship and Immigration) - 2009 FC 1047 - 2009-10-15
Federal Court Decisions4) Did the Board fail to observe a principle of natural justice, procedural fairness or other procedure that it is required by law to observe? [...] [16] The Applicants have also raised legal error and procedural fairness issues to which the standard of review is correctness: see Suresh v. Canada (Minister of Citizenship and Immigration), 2002 SCC 1 and Dunsmuir at paragraph 60. [...] Counsel for the Respondent suggests that the reason why the Board failed to refer to this evidence is because the RIR is dated September 2006, so that the Board was entitled to rely upon more recent documentation that refers to improvements in the situation and action by the Albanian Government to deal with blood feuds.
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3,605.
Altenor v. Canada (Citizenship and Immigration) - 2009 FC 563 - 2009-06-02
Federal Court Decisions[38] . . . In my view, the Board exceeded its mandate when it decided to deal with the appellant’s risk of torture upon return with the result that the Minister is not bound by that finding. [...] The United States is presumed to treat detainees and refugee claimants fairly. [...] There is a public interest in having a system that operates in an efficient, expeditious and fair manner.
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3,606.
Neumann v. The Queen - 2009 TCC 81 - 2009-02-11
Tax Court of Canada JudgmentsThe Minister of National Revenue (the “Minister”) assessed the Appellants on the basis that they had each received a dividend of $173,500 from 782047 Alberta Ltd. (“782”), a corporation with which they were not dealing at arm's-length, at a time when 782 had a debt of $39,152.51 under the Act. [...] (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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3,607.
Nitschmann v. Canada - 2008 FC 1194 - 2008-10-24
Federal Court Decisions[9] Although the Employees suggest that the present case may deal with a question of mandate requiring review on a correctness standard, I do not see the issue as a true question of jurisdiction. [...] [18] I would also note that we are dealing here with a breach of contract, the damages for which seek to put the plaintiff in the position they would have been in if the breach had not occurred. [...] In this case, while the Employees may have been denied an opportunity for premium pay, it was not unreasonable for the Adjudicator to exclude the possibility of statutory premiums in this exercise of establishing a fair assessment.
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3,608.
Lafond v. Muskeg Lake First Nation - 2008 FC 726 - 2008-06-12
Federal Court DecisionsSection 13 deals with “Discontinuation of Authority” and not harassing behavior of a councillor directed to Band members and Band staff. [...] [34] To the contrary, I find Chief Ledoux to have acted with the best of intentions in order to deal with a difficult and contentious situation. [...] He undertook a course of action which he believed was in the best interests of the Band and that provided a measure of fairness to the applicant.
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3,609.
Mintzer v. The Queen - 2008 TCC 72 - 2008-02-05
Tax Court of Canada Judgments[4] Before I deal with these requests some background might be helpful. [...] [14] Next, I shall deal with the request for an order for full disclosure of documents under Rule 82 of the Tax Court of Canada Rules (General Procedure) as opposed to partial disclosure under Rule 81. [...] 1. The respondent filed an affidavit on a motion in this Court divulging that the appellant made an offer to settle this appeal and accusing him of lying about undertakings he made at discoveries, and has thereby fatally prejudiced this appeal and rendered a fair, unbiased and just hearing impossible.
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3,610.
Maxwell v. Canada (Citizenship and Immigration) - 2007 FC 468 - 2007-05-02
Federal Court Decisions[19] However, if the Court were to conclude there was a breach of procedural fairness, the application for judicial review would be allowed. [...] [30] When dealing with the initial H&C application, the officer, who was not satisfied with the evidence submitted, specifically asked the applicant for the following additional information: [...] [31] Furthermore, when dealing with the second H&C application in question, the officer asked the applicant to submit any document or information which could be relevant to his case.
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3,611.
Feradov v. Canada (Citizenship and Immigration) - 2007 FC 101 - 2007-01-30
Federal Court DecisionsIn this regard, the Federal Court of Appeal has determined that the standard of review when dealing with a question of credibility is patent unreasonableness. [...] [14] This is one of the relatively rare instances where the Board’s adverse credibility conclusion does not stand up to scrutiny and where it can be fairly described as patently unreasonable. [...] Obviously, the Board is free to ask leading questions but when it does so it cannot fairly characterize the witness’s affirmative response as a failure of memory.
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3,612.
Beattie v. Canada - 2006 FC 24 - 2006-01-13
Federal Court DecisionsWe will deal with the appeal of the Prothonotary's decision, absent a declaration of invalidity. [...] We will deal with whether it is proper on appeal by Mr. Beattie to raise new relief not sought below. [...] Fairness dictates that the federal Crown has the right to a proper evidentiary record.
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3,613.
Naztron Technologies Inc. c. M.R.N. - 2004 TCC 509 - 2004-07-27
Tax Court of Canada Judgments[4] The Notice of Appeal summarizes the evidence filed by the Appellant fairly well. [...] Mr. Jules and Mr. Nazon gave progress reports on a fairly regular basis. [...] [34] On the balance of probabilities, Mr. Bernard Jules was not, at any time, employed by the Appellant; it had business dealings with the corporation owned by Bernard Jules.
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3,614.
Razzagh v. Canada (Minister of Citizenship and Immigration) - 2004 FC 755 - 2004-05-25
Federal Court Decisionsc. the Applicant provided significant detail of what the Board considered irrelevant factors, but did not provide the same level of detail when dealing with the key issues which, among other factors, lead the Board to doubt the Applicant's credibility. [...] PM - Every single lawyer that has appeared before me and before my colleagues and has had to deal with Mr. Mehrassa, they have been told by the Member that they want both dates. [...] I therefore find, based on a standard of patent unreasonableness, that the Board erred and rendered a decision which does not reflect a concern for a fair hearing process.
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3,615.
Beaupré c. La Reine - 2004 TCC 209 - 2004-03-29
Tax Court of Canada JudgmentsHe introduced similar policies in his own business to deal with potential client dissatisfaction. [...] (d) where the supplier and the recipient are not dealing with each other at arm's length at the time the supply is made and the amount credited to the recipient in respect of the trade-in exceeds the fair market value of the trade-in at the time ownership thereof is transferred to the supplier, that fair market value.
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3,616.
Di Lorenzo v. The Queen - 2001-05-16
Tax Court of Canada Judgments[3] I will first deal with the facts, which I accept, as presented by the Appellant and his witnesses. [...] The Appellant's responsibilities were to overlook the trades, deal with the architects and assure the construction progressed properly. [...] [21] In summary, the Respondent's four points are: (i) the Appellant was a fairly sophisticated business person; (ii) his company was undercapitalized; (iii) the monitors never interfered with the payments of receivables to Revenue Canada; and (iv) the whole issue of control is completely irrelevant.
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3,617.
Bell Canada v. Canadian Telephone Employees Assn. - 2000-06-20
Federal Court DecisionsThe Joint Pay Equity Study did not deal directly with the complaints though it was intended that the study would be of assistance in resolving them. [...] It says that the inclusion of the evidence for which it claims privilege will have such an impact on the fairness of the proceeding that it will amount to a breach of natural justice, which amounts to jurisdictional error. [...] There is a great deal of language in the reports which equates breach of natural justice with jurisdictional error.
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3,618.
Aseervatham v. Canada (Minister of Citizenship and Immigration) - 2000-06-01
Federal Court Decisions(2) Informal proceedings " The Refugee Division shall deal with all proceedings before it as informally and expeditiously as the circumstances and the considerations of fairness permit. [...] The Refugee Division is to deal with all proceedings before it informally and expeditiously (s. 68(2)). [...] . . . For a court of review to be able to criticize a tribunal for having denied a request for adjournment, it must be clear that in the circumstances of the case a breach of natural justice or fairness has resulted from the decision.
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3,619.
Sierra Club of Canada v. Canada (Minister of Finance) - 1999-09-13
Federal Court Decisions"There is of course no question that examination on discovery is designed to deal with matters of fact. [...] [10] Sierra Club relies on a series of cases which deal with the propriety of questions involving legal conclusions. [...] [12] Sierra Club relies on Bland v. National Capital Commission5 for the proposition that cross-examination on an affidavit is limited to facts about which a deponent can be fairly expected to have knowledge and which is fair to the witness.
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3,620.
Cheng v. Canada (Minister of Citizenship and Immigration) - 1999-08-10
Federal Court Decisions(a) soit y faire droit en prenant la mesure de renvoi ou de renvoi conditionnel que l"arbitre chargé de l"enquête aurait dû prendre; [...] (c) during a hearing, receive such additional evidence as it may consider credible or trustworthy and necessary for dealing with the subject matter before it. [...] The applicant claims that the I.A.D. erred by disregarding the principles of natural justice and procedural fairness.
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3,621.
S. Cunard & Company Limited v. Canada (Attorney General) - 2012 FC 683 - 2012-06-04
Federal Court Decisions(i) the fair market value of the property at the time of the disposition, and [...] (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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3,622.
Royal Bank of Canada v. Bhagwat - 2009 FC 1067 - 2009-10-21
Federal Court DecisionsThe role of the Commission with respect to the complaints process is to conduct a thorough and fair investigation which respects the rules of procedural fairness. [...] Even if a duty of fairness does arise, it is surely satisfied by the fairly generous rights afforded to employees by Situation C. One can, of course, question whether a blanket prohibition of corporate legal assistance to a willing employee is strictly necessary. [...] [21] The RBC also complains that the Commission’s decision to deal with the complaint in its entirety (notwithstanding the Investigator’s qualified recommendation) is not supported by adequate reasons and is otherwise unreasonable.
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3,623.
Nizami v. Canada (Citizenship and Immigration) - 2008 FC 265 - 2008-02-28
Federal Court DecisionsTherefore, in this case a fair hearing required that an interview be held before a decision was rendered. [...] The factual context of this case also calls for a somewhat more than minimal level of procedural fairness. [...] [29] Because of my finding on this issue, I need not deal with the remaining issue.
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3,624.
Lyu v. Canada (Citizenship and Immigration) - 2020 FC 134 - 2020-01-27
Federal Court DecisionsThis second time around, Ms. Lyu again raises procedural fairness arguments. [...] [5] However, the interview focused uniquely, once again, on Ms. Lyu’s dealings with FLYabroad. [...] These factors fulfilled the relatively low duty of fairness. [19] I mentioned at the outset that the Supreme Court provided scant comment on procedural fairness in Vavilov.
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3,625.
Canada (Attorney General) v. Canada (Human Rights Commission) - 2003 FCT 89 - 2003-01-30
Federal Court Decisions98. (1) Les règles établies en application de l'article 97 peuvent faire l'objet de directives du commissaire. [...] le sens de la réalité ou l'aptitude à faire face aux exigences normales de la vie. [...] The tribunal specifically retains jurisdiction to deal with any outstanding issues relating to the terms of the policy.