11,312 result(s)
-
3,801.
Garron Family Trust v. The Queen - 2009 TCC 450 - 2009-09-10
Tax Court of Canada Judgments[147] Robson Leather is a case about arm’s length dealing, not residence. [...] (ii) a corporation or trust with which a person resident in Canada was not dealing at arm’s length, or [...] (B) the fair market value at that time of all beneficial interests in the trust.
-
3,802.
Sattar v. Canada (Transport) - 2016 FC 469 - 2016-04-26
Federal Court DecisionsRegarding the November 2005 Hells Angels’ event, the Applicant had been called to the bar as its manager to deal with police: he had no knowledge the event that night was hosted by the Hells Angels; [...] A. Did the Minister breach any principle of procedural fairness in cancelling the Applicant’s TSC? [...] A. Did the Minister breach any principle of procedural fairness in cancelling the Applicant’s TSC?
-
3,803.
GRK Fasteners v. Leland Industries Inc. - 2006 FCA 118 - 2006-03-21
Federal Court of Appeal DecisionsThe inquiry record encompasses some sixty-eight volumes of evidence and another thirty thousand pages dealing with over twenty thousand exclusion requests and related documents. [...] These deviations give rise to their procedural fairness and natural justice arguments. [...] I see no breach of procedural fairness in the manner in which the Tribunal proceeded.
-
3,804.
Kerimu v. Canada (Minister of Citizenship and Immigration) - 2006 FC 264 - 2006-02-28
Federal Court DecisionsA. Did the Board breach the principles of natural justice and procedural fairness? [...] If the CRDD wishes to deal with the issue, it must put the question to the claimant in cross-examination. [...] This constitutes a denial of natural justice and procedural fairness, as described in Velauthar, above.
-
3,805.
Lukács v. Canada (Transportation Agency) - 2014 FCA 76 - 2014-03-19
Federal Court of Appeal Decisions[8] The relevant provision of the Act dealing with regulations states: [...] • subsection 16(1): dealing with the quorum requirement; • subsection 17(a): dealing with sittings of the Agency and the carrying on of its work; [...] In both roles the Agency may be called to deal with matters of significant complexity.
-
3,806.
Garneau v. M.N.R. - 2004 TCC 508 - 2004-07-27
Tax Court of Canada Judgments- your employer would have hired a person with whom he was dealing at arm’s length for the same periods of time. [...] A. Fairly often, there were other loans in 2001 after her mother passed away. [...] . . . (i) employment if the employer and employee are not dealing with each other at arm's length.
-
3,807.
Lakhani v. M.N.R. - 1998-05-05
Tax Court of Canada Judgments"Your employment was excepted from insurable employment because you were not dealing at arm's length, nor were you deemed to be dealing at arm's length with the Payor, Microbest Computers Inc." [...] If it is a substantially similar contract of employment, Parliament has deemed it to be only fair that it should be included in the scheme. [...] [6] Section 61 of the Act deals with appeals to and determination of questions by the Minister.
-
3,808.
Maximova v. Canada (Attorney General) - 2019 FCA 37 - 2019-02-25
Federal Court of Appeal DecisionsRelying on paragraph 41(1)(b) of the Act, the Commission decided not to deal with Ms. Maximova’s complaint on the ground that it could be more appropriately dealt with by the Tax Court of Canada under the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.). [...] We also agree with its conclusion that the Commission did not breach any obligations of procedural fairness. [...] In this Court, Mr. Edwards for the respondent fairly does not insist upon them.
-
3,809.
Canadian Recording Industry Association v. Canada (Attorney General) - 2006 FCA 336 - 2006-10-17
Federal Court of Appeal Decisions[3] First, it says that the Board made the order in breach of the duty of fairness because the Board issued it without giving CRIA prior notice and an opportunity to make submissions. [...] Any duty of fairness owed by the Board with respect to issuing the order was discharged when it subsequently confirmed the order after considering submissions from CRIA as to why the order should not have been made. [...] [6] Counsel argues that the Board could have used less formal means to deal with any concerns that it may have had on this score.
-
3,810.
Canada (Attorney General) v. Mclean - 2001 FCA 5 - 2001-02-06
Federal Court of Appeal Decisions[7] The Umpire found that it was clear from the evidence in the file that the respondent had been under a great deal of stress due to the breakup of her marriage and the financial situation which she has endured because of her husband leaving her with debts. [...] [10] With respect to the penalty, the Umpire recognized that the Commission had attempted to act fairly and that it had recognized the stress and difficulties the claimant had been undergoing and that it was prepared to reduce the penalty by a further 50 percent. [...] With respect to the penalty, I am satisfied that the Commission has attempted to act fairly throughout.
-
3,811.
Almacén v. Canada - 2016 FC 300 - 2016-03-09
Federal Court Decisions(d) may prejudice or delay the fair trial of the action, (d) qu’il risque de nuire à l’instruction équitable de l’action ou de la retarder; [...] The Appellant has pursued judicial review and has obtained a final decision of the Court that there is no fairly arguable case for reviewable error. [...] In the context of immigration review, a denial of leave means that there is no fairly arguable case on the merits.
-
3,812.
Brelco Drilling Ltd. (Formerly Trimac) v. The Queen - 1998-03-06
Tax Court of Canada Judgments(ii) had disposed at that time of all of the shares referred to in subparagraph (i) for proceeds of disposition equal to their fair market value at that time, and [...] (ii) had disposed of those shares for proceeds of disposition equal to fair market value, and [...] The fair market value of a share, so far as the income element is concerned, would be valued on an after tax basis.
-
3,813.
Waldman v. Canada (Minister of Citizenship and Immigration) - 2003 FC 1326 - 2003-11-10
Federal Court Decisions[15] For the purpose of this stay application, suffice to say that the Applicant is subject to both a deportation order under IRPA and a surrender order under the Extradition Act. The Applicant believes that such a circumstance allows this Court the jurisdictional competence to deal with this motion for a stay as well as [...] 1. Whether his s. 7 Charter rights to life, liberty and security of the person are violated because he is being extradited without a proper pre-removal risk assessment done by competent authorities, as there are no procedural safeguards, nor a fair process in the Extradition Act obligating a competent decision maker to [...] [21] Section 240 of the Immigration and Refugee Protection Regulations ("IRPA Regulations") deals with when a removal order is enforced.
-
3,814.
Tharmaseelan v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 694 - 2003-06-02
Federal Court Decisions[8] While a number of issues were raised, I will deal only with those which, in my view, could arguably result in the Applicant's success on this application. [...] In particular, the Applicant said that the Interview Conclusion was unreliable because it came from state sources, that it was not specifically mentioned in the Risk Opinion and that fairness and the principles of natural justice required that the applicant be given a copy of the Reply Memorandum and a chance to respond. [...] [15] In the Risk Opinion, the Lawyer's Letter was not specifically mentioned although, according to Counsel's Comments, it was before the PCDO. The Risk Opinion did, however, deal with the subject matter of the letter in the following passage:
-
3,815.
Zakeri v. Canada (Citizenship and Immigration) - 2023 FC 421 - 2023-03-27
Federal Court DecisionsThis is sufficient to justify the intervention of this Court, and I must therefore remit the case for reconsideration by a different panel of the RAD. Given this conclusion, I do not have to deal with the other arguments challenging the reasonableness of the Decision. [...] On his part, the Minister states that no standard of review is engaged for issues of procedural fairness, as the reviewing court must examine whether the process satisfied the level of fairness required in the circumstances. [...] In other words, the process followed by the decision maker must be fair and must offer the affected parties a right to be heard as well as a full and fair opportunity to know the case they have to meet and to respond to it.
-
3,816.
Mcintosh v. Canada (Attorney General) - 2007 FC 723 - 2007-07-06
Federal Court DecisionsTHE FAIRNESS COMMITTEE OF THE CANADA CUSTOMS AND REVENUE AGENCY Respondents [...] (i) an order setting aside the decision dated May 12, 2006, which denied her fairness request; [...] The applicant’s current application for judicial review deals with the CRRA’s finding with respect to financial hardship.
-
3,817.
De Azeem v. Canada (Citizenship and Immigration) - 2015 FC 1043 - 2015-09-02
Federal Court DecisionsShe explained that her duties at Gamma had previously involved dealing with Spanish-speaking clients, attending trade shows and doing presentations, and generally a lot of marketing and customer service. [...] B. In rendering the decision was there a breach of the principles of procedural fairness? [...] The respondent further contends that the duty of fairness owed by a visa officer is at the lower end of the spectrum.
-
3,818.
Canadian Arab Federation v. Canada (Citizenship and Immigration) - 2009 FC 333 - 2009-03-31
Federal Court Decisionswhether the Minister breached the duty of fairness in cancelling or refusing to extend funding without providing the applicant with a fair opportunity to respond to his concerns; [...] This is because the focus is on promoting "regularity, predictability, and certainty in government's dealing with the public [...] to consider the applicant’s response fairly before making his final decision.
-
3,819.
Hakrama v. Canada (Citizenship and Immigration) - 2007 FC 85 - 2007-01-25
Federal Court DecisionsThe applicant submitted that the officer breached procedural fairness in refusing the interview request. [...] [20] Breaches of procedural fairness are subject to judicial review on the standard of correctness. [...] [27] Because of this conclusion, I need not deal with the remaining issue.
-
3,820.
Alliance Pipeline Ltd. v. Smith - 2008 FC 12 - 2008-01-04
Federal Court Decisions[54] At the heart of this case is the interpretation of sections of the NEBA dealing with award for compensation and costs. [...] (a) if an Arbitration Committee exists to deal with the matter referred to in the notice, forthwith serve the notice on that Committee; or [...] (b) if no Arbitration Committee exists to deal with the matter, forthwith appoint an Arbitration Committee and serve the notice on that Committee.
-
3,821.
AA v. Canada (Citizenship and Immigration) - 2023 FC 1196 - 2023-09-05
Federal Court DecisionsHe met with a lawyer who had been retained to deal with the issue of his medical exemption. [...] The burden is on the applicant to demonstrate that the requirements of procedural fairness were not met. [...] A. Did the RAD Breach the Requirements of Procedural Fairness? [19] The RPD did not question the applicant’s credibility.
-
3,822.
Omisore v. Canada (Citizenship and Immigration) - 2022 FC 444 - 2022-03-31
Federal Court DecisionsThe applicants say that the RAD did not conduct its own analysis and failed to consider the evidence dealing with the influence, capacity and motivation on the part of Mr. Omisore’s uncle to track them down in Port Harcourt. [...] C. The RAD did not err by finding that the RPD did not breach procedural fairness principles [...] I see nothing unreasonable in the RAD’s finding that no breach of procedural fairness took place.
-
3,823.
Khrikadze v. Canada (Citizenship and Immigration) - 2018 FC 454 - 2018-04-26
Federal Court Decisions[12] The RPD addressed the Georgian authorities’ reported seizure of over $95,000 US from Mr. Khrikadze, again concluding he had not been forthright in relating his personal history and financial dealings. [...] Did the RPD breach Mr. Khrikadze’s right to procedural fairness? V. Standard of Review [...] The RPD satisfied its duty to act fairly in the circumstances of this case.
-
3,824.
Contrevenant no. 10 v. Canada (Attorney General) - 2016 FCA 42 - 2016-02-08
Federal Court of Appeal DecisionsAlso, the Violator maintains that it met its burden of proof with respect to demonstrating a breach of procedural fairness. [...] Asserting that a breach of procedural fairness occurred does not constitute proof. [...] However, that case deals with the standard of review on the appeal of the decision of a trial judge.
-
3,825.
Singh v. Canada (Citizenship and Immigration) - 2015 FC 1055 - 2015-09-11
Federal Court Decisions[5] For the reasons that follow, I have concluded that the procedure adopted by the IAD was fair, and that its application of the doctrine of res judicata was both correct and reasonable. [...] A. Did the IAD’s decision to consider the application of res judicata on the basis of written submissions when Ms. Singh was not represented by counsel breach her right to procedural fairness? [...] If any future sponsorship application is to succeed, Ms. Singh will have to demonstrate the efforts she has made to deal with the outstanding debt in some fashion.