11,313 result(s)
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3,901.
Northwest Territories v. Public Service Alliance of Canada - 1999-12-15
Federal Court DecisionsOn August 25, 1993, the GNWT commenced an application for judicial review in which it maintained that the CHRC had no jurisdiction to deal with the complaint, or, in the alternative, that there existed a reasonable apprehension of bias on the part of one of the investigators. [...] The GNWT further argued that the CHRC's decision was contrary to the requirements of natural justice and procedural fairness. [...] These include representative and responsible government, responsibility for the administration of justice, a separate treasury and the day to day operation of the GNWT in respect of its legal and political dealings with other governments.
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3,902.
Rolande Martin s/n New Moon Restaurant c. M.R.N. - 2004 TCC 660 - 2004-10-14
Tax Court of Canada Judgments[18] This case was investigated fairly thoroughly by the investigation and appeals officers from the departments involved. [...] ... i) employment if the employer and employee are not dealing with each other at arm's length. [...] 5(3) Arm's length dealing. - For the purposes of paragraph (2)(i): a) ...
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3,903.
SmithKline Beecham Animal Health Inc. v. The Queen - 2001-02-12
Tax Court of Canada JudgmentsIs this paragraph a fair summary of all the facts we talked about during this examination? [...] [11] I will deal first with the question of disclosure of documents. [...] [2] CUP is comparable uncontrolled price, a concept which includes prices paid for the product (cimetidine) by persons dealing at arm's length.
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3,904.
Brouillette v. The Queen - 2005 TCC 203 - 2005-03-23
Tax Court of Canada Judgments54 There is a large body of jurisprudence dealing with the determination of whether a transaction is between two parties dealing at arm's length. [...] be fairly contended that, where depreciable assets were sold by a taxpayer to an entity wholly controlled by him or by a corporation controlled by the taxpayer to another corporation controlled by him, the taxpayer as the controlling shareholder dictating the terms of the bargain, the parties were dealing with each [...] [54] Since section 84.1 of the Act applies only to non-arm's length dealings, it does not apply here.
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3,905.
Verdicchio v. Canada - 2010 FC 117 - 2010-02-04
Federal Court DecisionsThe Plaintiff asserts that the CRA and its employees breached their alleged fiduciary duty to act fairly and in good faith and in compliance with the Income Tax Act and the Canadian Charter of Rights and Freedoms (the “Charter”) in denying his claim for a tax credit. [...] [15] It is appropriate to first deal with the Plaintiff’s allegation of reasonable apprehension of bias. [...] [16] Dealing with the procedural issue raised by the Plaintiff, paragraphs 208(a) and (b) and 221(1)(a) of the Rules read as follows:
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3,906.
Boisvert v. M.N.R. - 2009 TCC 94 - 2009-02-23
Tax Court of Canada JudgmentsThis decision was based on his determination that the employment was excluded because a similar contract would not have been entered into if the worker and the Payor had been dealing with each other at arm's length. [...] 6. The Minister determined that the Appellant and the Payor were not dealing with each other at arm's length in connection with the employment. [...] [7] The testimony of Bianca Dubois, which, in my opinion, must be considered with a great deal of caution since she is currently the worker's common-law spouse, would yield fairly little information in any event, other than that she witnessed the signing of the document constituting Exhibit A‑5 by Mr. Orichefqui, and the
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3,907.
Set-Ha (Division Internationale) Inc. v. Thibeault - 1999-09-15
Federal Court Decisions( d) may prejudice or delay the fair trial of the action, ( e) constitutes a departure from a previous pleading, or [...] [17] According to the defendants the contract of sale between the plaintiff and Recherches et Travaux Maritimes RTM inc. concerns the ship EXPLORATHOR CAPITAINE DUVAL III and so the action can in no way be regarded as dealing with the ship EXPLORATHOR II. [...] In the case at bar and as mentioned above, the clause in the contract of purchase dealing with the exclusive right referred indirectly to the other EXPLORATHORS.
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3,908.
Mitchell Verification Services Group Inc. v. The Queen - 1998-09-16
Tax Court of Canada JudgmentsIt has sections dealing with the detection of malingering and other forms of fraud. [...] Road adjusters often deal with larger claims than telephone adjusters and may be dealing with lawyers on the claim. [...] She supports the argument by reference to a number of authorities dealing with the principles of statutory interpretation.
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3,909.
Pearson v. Canada - 2006 FC 931 - 2006-07-28
Federal Court DecisionsHe testified that a friend of his (Duquette) had introduced him to Guy Bard, who would have later told him that this friend had become indebted as a result of a drug deal. [...] [44] I shall deal first with the last of the issues outlined above, as a finding that Mr. Pearson's claim is prescribed would effectively put an end to his action against the defendant. [...] The cause of action having arisen in Montréal, we must therefore turn to Book Eight of the Quebec Civil Code, which deals with prescription.
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3,910.
Rezvani v. Canada (Citizenship and Immigration) - 2015 FC 951 - 2015-08-06
Federal Court Decisions[11] The respondent first submits that there was no breach of procedural fairness. [...] A. Was there a breach of procedural fairness? [19] The applicable jurisprudence establishes that, in cases dealing with visa officers’ decisions on applications for permanent residence, the duty of fairness is generally at the low end of the spectrum. [...] [28] Therefore, the officer did not breach his duty of procedural fairness.
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3,911.
Turton v. Canada (Citizenship and Immigration) - 2011 FC 1244 - 2011-11-01
Federal Court DecisionsAccordingly, the appropriate standard of review is reasonableness.” The second issue deals with the RPD’s determination under section 97(1), so the standard of review on that issue is reasonableness. [...] The Decision should stand because there was no breach of procedural fairness. [...] The gunmen told her that they had been watching her movement for sometime and that they possessed a good deal of information about her and her family.
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3,912.
Li v. Canada (Transport) - 2016 FC 206 - 2016-02-16
Federal Court DecisionsSecond, as noted by the Minister, there is no suggestion in Ms. Li’s memorandum that natural justice or procedural fairness was an issue being raised in this application. [...] [10] Moreover, there is nothing in the record that hints at a denial of procedural fairness. [...] Ms. Li has not advanced any submission that the circumstances on the record distinguish the case at bar from the ample jurisprudence dealing with similar situations.
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3,913.
Dobia v. The Queen - 2009 TCC 479 - 2009-09-25
Tax Court of Canada Judgments(c) another person with whom the transferor was not dealing at arm's length, [...] A is the amount, if any, by which the fair market value of the property at that time exceeds the fair market value at that time of the consideration given by the transferee for the transfer of the property, and [...] Neither party had an expert witness at the hearing who could speak to the fair market value of the land.
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3,914.
Mirchandani v. Canada (Minister of Citizenship and Immigration) - 2000-10-25
Federal Court Decisions[12] The respondent finally argues that the visa officer met the requirements of procedural fairness by indicating to her that she did not appear to meet the requirements of NOC 4163. [...] In my opinion, this is a breach of procedural fairness and the application for judicial review must be allowed. [...] [21] Because of my disposition of the second issue, it is not necessary for me to deal
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3,915.
Yazdanian v. Canada (Minister of Citizenship and Immigration) - 1999-03-26
Federal Court Decisions[12] Consequently, I cannot find any error of law or denial of procedural fairness due to the Visa Officer"s failure to consider the Applicant"s ability to purchase or make a substantial investment in a business or commercial venture in Canada. [...] In the Immigration memorandum dealing with processing entrepreneurs and self-employed immigrants, instructions are given with respect to the application of the terms active and ongoing. [...] 3) Procedural fairness [16] The Applicant submits that the Visa Officer breached the duty of fairness by not informing the Applicant of her concerns regarding his "Western" business experience.
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3,916.
Bahrami v. Canada (Citizenship and Immigration) - 2024 FC 957 - 2024-06-19
Federal Court Decisions[3] Nevertheless, it is trite law that visa officers must deal with a considerable volume of applications and cannot be expected to produce lengthy reasons. [...] [7] Lastly, Ms. Bahrami argues that the officer breached procedural fairness by failing to give “an opportunity to respond to contradictory findings”. [...] 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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3,917.
Bizima v. Canada (Citizenship and Immigration) - 2013 FC 822 - 2013-07-29
Federal Court DecisionsThat matter alone raises issues of procedural fairness. [11] Also, in dealing with risk, the Officer did not examine the most recent evidence from US DOS reports. [...] The Officer relied on the suggestion that the 2010 election was reasonably fair, examined the 2010 US Department of State [DOS] Report which showed violence against political opponents escalating, but did not refer to the 2011 US DOS Report showing an even greater risk.
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3,918.
Odynsky v. League for Human Rights of B’Nai Brith Canada - 2009 FCA 82 - 2009-03-12
Federal Court of Appeal Decisions[3] The judge found that the League’s claim to direct standing was not fairly arguable. [...] In other words, as per the Bull case, justice is better served by allowing the application judge to deal with all of the issues raised by the judicial review application. [...] In fairness to all parties, this short time-frame leaves us very little time to adequately consider the contentious issues raised by the motion to strike.
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3,919.
NATIVE COUNCIL OF NOVA SCOTIA v. ATTORNEY GENERAL OF CANADA - 2008 FCA 113 - 2008-03-31
Federal Court of Appeal DecisionsIt alleges further in this litigation that the consultation which took place before the Minister imposed the quota was inadequate to discharge either the Minister’s duty to consult and accommodate under section 35 of the Constitution Act, 1982, or the common law duty of procedural fairness. [...] [4] In our view, the existence of previous jurisprudence dealing with related, but different and more limited, Mi’kmaq fishing rights in Nova Scotia, the Council’s statement of claim in other litigation against the Minister, and the “no prejudice” clauses in Fishing Agreements between the Minister and the Council, were [...] [6] Finally, we agree with the Applications Judge that, substantially for the reasons which she gave, the consultation which occurred between the Minister and the Council before the Minister imposed the quota was sufficient to discharge the Minister’s common law duty of fairness.
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3,920.
Singh v. Canada (Minister of Citizenship and Immigration) - 2006 FC 306 - 2006-03-08
Federal Court Decisions[1] This order will deal with two applications (IMM-1053-06 and IMM-1054-06) for a stay of removal concerning the same Applicant. [...] 4) that the PRRA Officer breached the principles of procedural fairness by not providing the Applicant with the opportunity for an oral hearing. [...] In my opinion, the PRRA Officer's decision not to afford the Applicant an oral hearing did not, in the circumstances of this case, constitute a breach of the principles of procedural fairness.
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3,921.
Gopher v. Moccasin - 2004 FC 1750 - 2004-12-16
Federal Court Decisions[6] There is a fairly low threshold on the first part of the test. Absent pure questions of law, there is a serious issue to be considered on the merits if the matter does not appear to be frivolous or vexatious. [...] Hopefully, a schedule can be worked out so that the application can be heard on the merits fairly shortly. [...] [10] Mr. Gopher gave the customary undertaking as to damages when the interim injunction was granted, and renewed that undertaking for the purposes of the interlocutory injunction, which should deal with the applicant's concerns that I ordered Mr. Gopher is entitled to the emoluments of office until the Court rules
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3,922.
Froom v. Canada (Minister of Citizenship and Immigration) - 2003 FC 951 - 2003-08-05
Federal Court DecisionsThis is true even if the affidavit contains evidence not before the adjudicator whose decision is being challenged - for example, if the affidavit contains helpful background information, disputes the adjudicator's grounds for refusing to deal with the merits of a claim, or relates to an issue of fairness or natural [...] Finally, Mr. Froom's affidavit does not raise an issue of fairness or natural justice relating to his hearing before the adjudicator.
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3,923.
Samuels v. Canada (Minister of Citizenship and Immigration) - 1999-06-08
Federal Court DecisionsThe Federal Court of Appeal decision in Shah v. M.E.I. (1994), 170 N.R. 238, established the following with respect to the duty of fairness owed to an applicant on an humanitarian and compassionate application at pages 239 and 240: [...] In the case of perceived contradictions, however, the failure to draw them specifically to the applicant's attention may go to the weight that should later be attached to them but does not affect the fairness of the decision. . . . [...] There are a few basic propositions which are, in my view, self-evident and which should be kept in mind in dealing with these issues.
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3,924.
Bisson v. Canada (Attorney General) - 1998-08-24
Federal Court Decisions[2] The applicant submits that the correctional service did not provide him with enough information [translation] "to prepare a relevant and intelligent defence as required by the principles of procedural fairness" before the decision to transfer him was made. [...] More specifically, the preventive security reports deal with the reasons that appear in the notice of recommendation to transfer the applicant, which I reproduced earlier. [...] In my opinion, the information provided to the applicant, that is, the information set out in the Progress Summary of June 30, 1997, was sufficient to comply with the rules of procedural fairness.
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3,925.
Ahmad v. Canada (Minister of Citizenship and Immigration) - 1998-08-17
Federal Court DecisionsThat, according to counsel, is part of the duty of fairness. I disagree. [...] Indeed, frequently there is a breach of the duty of fairness when the trier of fact takes it upon him or herself to make such inquiries. [...] Strictly speaking, it is not necessary for me to deal with that because so long as the finding of zero point of assessment for occupational experience stands, there could be no visa issued in any event.