11,309 result(s)
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351.
Oberlander v. Canada (Public Safety and Emergency Preparedness) - 2021 FC 294 - 2021-04-06
Federal Court DecisionsIn addition, section 49 of the ID Rules provides that, in the absence of a provision dealing specifically with a matter, the ID “may do whatever is necessary to deal with the matter.” [...] I am not saying that the Court would not have the broad discretion to deal with those issues. [...] Until the moment where the ID makes determinations on the issues raised by Mr. Oberlander in his stay motion, I am not persuaded that the Court should be the forum to deal with the matter.
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352.
Nguesso v. Canada (Citizenship and Immigration) - 2015 FC 102 - 2015-01-26
Federal Court Decisions” Question allowed—the question deals with the contents of the CTR. 10 [...] ” Question allowed—the question deals with the contents of the CTR. 13 [...] [translation] “You failed to deal with that question when there was a response?
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353.
Aeronautic Development Corporation v. The Queen - 2017 TCC 39 - 2017-03-13
Tax Court of Canada JudgmentsHowever, this must be done while observing the rules of procedural fairness. [...] The absence of a lease suggests that the parties were not dealing at arm’s length. [...] It claims that the Respondent violated the rules of procedural fairness when it belatedly raised the New Argument.
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354.
Aikman v. The Queen - 2000-02-11
Tax Court of Canada JudgmentsThese definitions are equally applicable to "fair market value" and "market value" and it is doubtful if the use of the word "fair" adds anything to the words "market value". [...] He is an aviation operations engineer and has a great deal of experience in appraising aircraft. [...] [110] Counsel for the respondent referred to a decision of the U.S. Tax Court, Adams v. C.I.R., 50 T.C.M. (CCH) 48, where the court had to deal with the value of an original prototype model of the Norden Bombsight.
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355.
Chaudhry v. Canada (Minister of Citizenship and Immigration) - 2006 FC 1015 - 2006-08-24
Federal Court DecisionsMany of the authorities which expressly deal with waiver indicate that a failure to make a timely or fulsome objection to a natural justice deficiency is not necessarily fatal to raising the issue in the context of a judicial review proceeding. [...] This choice is not really a choice to sit on one’s rights, but rather a choice to make the allegation of bias in the forum best equipped to deal with it. [...] [22] In light of my finding with respect to the issue of fairness, it is unnecessary to deal with Mr. Chaudhry’s second argument concerning the issue of state protection.
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356.
Knappett Construction Ltd. v. Canada (Minister of Labour) - 1999-03-08
Federal Court DecisionsThese are promised, although delayed, reasons which deal primarily with the consolidation, but which also touch on the stay of the 1997 application and the filing of further affidavit material relevant to both applications. [...] involving the wages of construction workers on federal projects, subject to the Fair Wage and Hours of Labour Act, R.S.C. 1985, c. L-4 (the "Fair Wage Act"), which the Regional Director of the Department of Labour again held to be those specified under the Fair Wage Minimum Rate Schedule to the B.C. Skills Development Act. [...] [12] I next deal with the issue of supplemental affidavits. By way of particular background, the Fair Wage Act and Regulations impose on all federal construction projects the relevant provincial wage.
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357.
Ahanin v. Canada (Citizenship and Immigration) - 2012 FC 180 - 2012-02-08
Federal Court Decisions[3] The Applicant claims that, through a construction company – Navid Construction – he had business dealings with the Shah of Iran’s nephew. [...] The fax cover-page does not even identify the RPD member who was dealing with the claim. [...] The RPD simply failed to deal with this matter. A breach of procedural fairness can only be overlooked if there is no doubt that it had no material effect on the decision.
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358.
Zimmerman v. Canada (Attorney General) - 2011 FCA 43 - 2011-02-04
Federal Court of Appeal DecisionsUsing the language of reasonableness review, the failure to deal with any of Commander Zimmerman’s complaints was not within the range of options available to the Chief of the Defence Staff. [...] In the context of an assessment of whether reasons for a decision are adequate, it is true that there are occasions where a decision-maker need not deal with every last issue raised by the parties. [...] In the words of the decision, “no evidence allows me to conclude as to its fairness or unfairness.” But the absence of evidence about what the interfaith committee did and exactly how it reached its promotion recommendations raised issues of fairness and called into question whether the interfaith committee had any criteria
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359.
Shkabari v. Canada (Minister of Citizenship and Immigration) - 2006 FC 856 - 2006-07-13
Federal Court DecisionsThe applicants argue that the refusal is a breach of procedural fairness. [...] [25] With respect to procedural fairness, I will deal with each of the arguments raised by the applicants. [...] First, I will discuss the Board's refusal to have the documents verified and, second, I will deal with the Guideline 7 argument.
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360.
Syed v. Canada (Attorney General) - 2011 FC 965 - 2011-07-29
Federal Court Decisions[23] The third issue concerns procedural fairness. Issues of procedural fairness are reviewable on a standard of correctness. [...] Members of the Applicant’s school were not precluded from sitting on the PRB, as long as they did not have day-to-day dealings with the Applicant, and they did not. [...] As the Respondent says, the Applicant has simply failed to demonstrate why staff from his school who had no day-to-day dealings with him but who did have a specialized knowledge about the skills that a geo tech needs could not provide a fair assessment of the Applicant’s progress.
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361.
Stremler v. The Queen - 2000-01-10
Tax Court of Canada JudgmentsFair Market Value, December 31 Deduction in year (accumulated cost in excess of fair market value) [...] Fair Market Value, December 31 Deduction in year (accumulated cost in excess of fair market value) [...] [26] What method of dealing with the carrying costs of the properties should be used?
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362.
Li v. Canada (Citizenship and Immigration) - 2007 FC 941 - 2007-09-21
Federal Court Decisions[. . .] Q. Mr. Findlay tells you he is a dealing with the overstay, isn’t that right? [...] So what did you understand by his telling you he was dealing with an overstay? [...] 1. Breach of the principles of procedural fairness: Right to Counsel
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363.
Pelaez v. Canada (Citizenship and Immigration) - 2007 FC 356 - 2007-04-03
Federal Court DecisionsI will therefore deal with this issue solely on the basis of the arguments contained in the parties’ written submissions. [...] Guideline 7, unlike guidelines that deal with general policy considerations applicable to substantive decisions, deals essentially with procedure in the conduct of the hearing. [...] PM : Ah, OK. Alors on peut le faire en français? A: Oui, ça va. PM: Okay.
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364.
Orlando v. The Queen - 1999-10-01
Tax Court of Canada Judgmentsd) At all material times, the Appellant, Francesco Orlando and the Corporation did not deal at arm's length. [...] l) A study conducted by Revenue Canada with a view to determining the fair market value of the Appellant's and Francesco Orlando's debt established that its fair market value was nil as of December 22nd, 1993. [...] (ii) to a person with whom the taxpayer was dealing at arm’s length of any property that is
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365.
Wilson v. Canada (Attorney General) - 2012 FC 57 - 2012-01-16
Federal Court Decisions[15] Assistant Commissioner McCowan further advised Mr. Wilson that he could not deal with the complaints regarding the correction of Mr. Wilson’s file, as this was a new allegation and needed to be dealt with at the lowest level possible, in accordance with Commissioner’s Directive 081 dealing with Offender Complaints and [...] [17] In determining whether Mr. Wilson was treated fairly in this regard, the task for the Court is to determine whether the process followed by the decision-maker satisfied the level of fairness required in all of the circumstances: see Canada (Citizenship and Immigration) v. Khosa, 2009 SCC 12, [2009] 1 S.C.R. 339 at [...] The inmate’s parole officer is the individual authorized to deal with correction requests under Commissioner’s Directive 701.
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366.
Ferme Koiris Inc. v. The Queen - 2010 TCC 20 - 2010-01-12
Tax Court of Canada JudgmentsFirst of all, I note that she has a great deal of experience in real estate appraisal. [...] I noticed that Ms. Locas had a great deal of trouble answering this question, and it is clear that she failed to address it in her report. [...] If the assets could have been sold at a higher price, he might have made a better deal.
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367.
Louie v. The Queen - 2018 TCC 225 - 2018-11-15
Tax Court of Canada JudgmentsThe result was that the RRSP and CDN were consistently on the bad end of the deal. [...] (a) in the case of a benefit, the fair market value of the benefit; and [...] (a) in the case of a benefit, the fair market value of the benefit; and
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368.
Lavallée v. Louison - 1999-09-03
Federal Court Decisions[4] Section 6 of the Election Act deals with appeals to Band elections. [...] I will deal with the question of actual bias first. (a) Actual bias [...] As long as he had fair notice of all the contradictory evidence and a reasonable chance to respond, the procedure would have been fair even if he was permitted only to respond in writing.
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369.
Murphy v. The King - 2022 TCC 111 - 2022-10-11
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 [...] • (c) that the Corporation and Appellant were not dealing at arm’s length.
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370.
Krishna v. The Queen - 2007 TCC 687 - 2007-11-13
Tax Court of Canada Judgments... (c) a person with whom the person was not dealing at arm’s length, [...] (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 [...] (a) related persons shall be deemed not to deal with each other at arm’s length;
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371.
Pillai v. Singh v. Canada (Minster of Citizenship and Immigration) - 2001 FCT 1417 - 2001-12-21
Federal Court DecisionsWould he think that it is more likely than not that the [decision maker] whether consciously or unconsciously, would not decide fairly' ". [...] It is required by subsection 68(2) of the Immigration Act to deal with proceedings before it "...as informally and as expeditiously as the circumstances and the considerations of fairness permit." [...] We are dealing here with the powers of an administrative tribunal in relation to its procedures.
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372.
Lockhart v. The Queen - 2008 TCC 156 - 2008-03-19
Tax Court of Canada Judgments• In order to proceed with this deal, AVL had to get its financial house in order. [...] • Regulatory approval was granted and the deal was completed in October (?) [...] d) The fair market value of the AVL shares, at the time, was $0.06 per share for a total amount of $83,999;
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373.
Deptuck v. Canada - 2003 FCA 177 - 2003-04-08
Federal Court of Appeal Decisions(a) where a taxpayer has acquired anything from a person with whom the taxpayer was not dealing at arm's length at an amount in excess of the fair market value thereof at the time the taxpayer so acquired it, the taxpayer shall be deemed to have acquired it at that fair market value; [...] (a) related persons shall be deemed not to deal with each other at arm's length; [...] [14] The question to be answered when applying paragraph 69(1)(a) is whether a taxpayer - which as noted includes a person and hence a partnership for the purposes contemplated by section 96 - has acquired property from a person with whom the taxpayer was not dealing at arm's length at an amount in excess of the fair market
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374.
Njonkou v. Canada (Attorney General) - 2007 CF 1132 - 2007-11-01
Federal Court Decisions[17] However, the Commission is bound to comply with the rule of procedural fairness. [...] It must be conducted in a fair and impartial fashion (Slattery v. Canada (Human Rights Commission) (TD), [1994] 2 F.C. 574 (QL), at para 49). [...] [...] Commission to deal with complaint 41. (1) 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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375.
Tobique Indian Band v. Canada - 2010 FC 67 - 2010-01-21
Federal Court DecisionsThere is an allegation of a breach of procedural fairness in the case at bar but paragraphs 7, 8, 9, 10, 11 and 11 do not deal with that issue. [...] Furthermore, they are irrelevant to the application as a whole and deal with events that arose after the impugned decision was made and will therefore be struck out. [...] [70] There is no legislated duty of procedural fairness in this case.