11,313 result(s)
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3,926.
Moose Factory Restaurant Properties Ltd. v. The Queen - 2019 TCC 156 - 2019-07-26
Tax Court of Canada Judgments(ii) to a person with whom the taxpayer was dealing at arm’s length of any property that is [...] (ii) to a person with whom the taxpayer was dealing at arm’s length of any property that is [...] While evidence of intention may be used by the courts on occasion to clarify dealings, it is rarely determinative.
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3,927.
Vavilov v. Canada (Citizenship and Immigration) - 2015 FC 960 - 2015-08-10
Federal Court Decisions[10] On July 18, 2013, the Registrar wrote to Mr. Vavilov (the fairness letter). [...] B. Procedural Fairness [18] Mr. Vavilov contends the Registrar breached its duty of fairness owed to him by failing to disclose the documentation which prompted the first procedural fairness letter. [...] The question is whether the applicant had the opportunity of dealing with the evidence.
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3,928.
Pembina County Water, Resource District v. Manitoba - 2016 FC 618 - 2016-06-02
Federal Court Decisionsa) l’objet de la modification est de faire concorder le document avec les questions en litige à l’audience; [...] Americans are very good and very fair neighbours, but they always stand for their own view of things and in this matter they did. [...] It follows that the Federal Court has no jurisdiction to deal with this claim.
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3,929.
Canada (Attorney General) v. Allard - 2008 FC 1294 - 2008-11-28
Federal Court Decisions• [26] There were twelve allegations dealing with an unfair advantage. [...] What is the Appeal Board’s power for intervention when dealing with an appeal under section 21 of the PSEA? [...] • [112] Even the excerpts dealing with subjects dedicated to named groups express broad considerations.
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3,930.
R. c. Zarzour - 2000-12-18
Federal Court of Appeal DecisionsAt paragraph 10 of his decision, he notes how difficult it was "to render judgment as the analysis can only deal essentially with the facts without the Court having the benefit of a brief discussion of the points of law". [...] [27] It is clear from the Mooring decision, supra, that the Board must act in accordance with the principles of fairness. [...] What is the content of the Board's "duty to act fairly"? The content of the duty of fairness varies according to the structure and the function of the board or tribunal in question.
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3,931.
Singh Rai v. Canada (Citizenship and Immigration) - 2024 FC 998 - 2024-06-26
Federal Court Decisions[18] At the outset of my analysis, I note that the Respondent’s dealings with the Applicant prior to the Work Permit 2 application contained several irregularities. [...] [19] It was unusual and an error for IRCC to indicate in its December 2020 eTA refusal that the Applicant had not responded to the procedural fairness letter. [...] It is unclear to me that this decision was made in a procedurally fair manner, as it appears to have been rendered without considering the Applicant’s response to the procedural fairness letter.
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3,932.
Elykova v. Canada (Attorney General) - 2024 FC 964 - 2024-06-21
Federal Court Decisions[22] The Applicant has raised issues going to both the reasonableness of the Second Decision and matters relating to procedural fairness. [...] The CRA followed the CRA Validation Procedure in their dealings with the Applicant, and at each step of the process, the Applicant was advised of her recourse should she disagree with the CRA’s decision. [...] [33] The Applicant has not met her burden of showing that the Second Decision was unreasonable nor has she shown that she was denied procedural fairness.
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3,933.
Jurado Barillas v. Canada (Citizenship and Immigration) - 2019 FC 825 - 2019-06-18
Federal Court DecisionsIn a subsequent phone call, Mr. X informed the Principal Applicant that the meeting would actually be with the Attorney General’s office, and that he would be called as a witness to testify about the Company’s financial dealings; [...] A. Did the RPD breach procedural fairness by failing to give the Principal Applicant notice of credibility concerns? [...] The RPD’s failure to do so denied the Applicants procedural fairness.
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3,934.
Shi v. Canada (Citizenship and Immigration) - 2012 FC 1059 - 2012-09-07
Federal Court Decisions[2] For the reasons that follow I find that the applicant was not denied procedural fairness and the application is dismissed [...] i. that he was denied procedural fairness, and ii. that the risk assessment was unreasonable. [...] It is clear from the applicant’s past dealings with the criminal justice system that he has some knowledge of English.
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3,935.
Jafarian v. Canada (Citizenship and Immigration) - 2010 FC 40 - 2010-01-14
Federal Court DecisionsIn the “fairness letter” the visa officer declared that Atousasadat’s Rebif would be government funded. [...] PROCEDURAL FAIRNESS [29] A good deal of oral argument centered on the apparent difference of opinion among the doctors as to the extent, if any, Atousasadat’s health would deteriorate over the next several years, notwithstanding that she is taking Rebif. [...] In all these cases it has been held that the investigating body is under a duty to act fairly; but that which fairness requires depends on the nature of the investigation and the consequences which it may have on persons affected by it.
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3,936.
Nash v. Canada (Treasury Board) - 2008 FC 1389 - 2008-12-17
Federal Court DecisionsThe existence of a binding settlement deprives the adjudicator of jurisdiction to deal with the grievance. [...] The first is whether the adjudicator accorded the proper level of procedural fairness to the Applicant. [...] [23] The standard of review with respect to procedural fairness has been consistently held to be correctness.
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3,937.
Brown v. Canada (Customs and Revenue Agency) - 2005 FC 1639 - 2005-12-02
Federal Court Decisions2. Did the Minister's delegate fail to observe procedural fairness in rendering his decision? [...] [9] The present matter deals with a decision involving the Minister's exercise of discretion. [...] 2. Did the Minister's delegate fail to observe procedural fairness in rendering his decision?
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3,938.
Ali v. Canada (Minister of Citizenship and Immigration) - 1998-04-14
Federal Court DecisionsThe applicant submits that this was a denial of procedural fairness to not make him aware of these concerns. [...] The case at bar deals with one who applies to enter Canada as a visitor and has no right to a particular outcome. [...] There is no evidence of a denial of fairness nor that any of the conclusions of the visa officer are unreasonable.
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3,939.
Dimgba v. Canada (Citizenship and Immigration) - 2018 FC 14 - 2018-01-09
Federal Court Decisions[16] Conversely, the Respondent submits that procedural fairness was met: the Applicant was sent a procedural fairness letter, given an opportunity to respond, and her further submissions were duly considered. [...] File reviewed along with response to procedural fairness letter, officer notes and submissions the applicant made following our procedural fairness letter. [...] Having concluded that the Officer erred on the issue of procedural fairness, there is no need to deal with the second issue arising in this matter.
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3,940.
Tipple v. Canada (Attorney General) - 2012 FCA 158 - 2012-05-29
Federal Court of Appeal Decisions[10] It is convenient to deal with the first issue by itself, and then to deal with the second and third issues together. [...] 104. Often the intangible injuries caused by bad faith conduct or unfair dealing on dismissal will lead to difficulties in finding alternative employment, a tangible loss which the Court of Appeal rightly recognized as warranting an addition to the notice period. [...] I would respond simply by saying that I fail to see how it can be onerous to treat people fairly, reasonably, and decently at a time of trauma and despair.
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3,941.
Coombs v. The Queen - 2008 TCC 289 - 2008-05-08
Tax Court of Canada Judgments[14] The meaning of the word “gift” has been discussed in several judicial decisions and its meaning is fairly well understood. [...] [53] This deals with the schemes in which money was actually transferred to the charity. [...] The appellants had ample time to deal with this issue prior to the trial and they chose not to.
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3,942.
Dumont v. Canada - 2003 FCA 475 - 2003-12-15
Federal Court of Appeal Decisions(b) A great deal of internal distress; (c) Serious disturbance of interpersonal relationships; [...] (b) A great deal of internal distress; (c) Serious disturbance of interpersonal relationships; [...] [57] Part II deals with proceedings. [58] The word “proceedings” is not defined but, in its context, necessarily has a very broad meaning.
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3,943.
Johnston v. The Queen - 2000-03-01
Tax Court of Canada JudgmentsThe Appellant then admitted that he was somewhat blinded by greed in his dealings with WSL. [...] He had a history of dealing, as a principal, in real estate. In 1983 or 1984 he met a Terry Jacobs ("Jacobs") on a cruise. [...] a Canadian-controlled private corporation all or substantially all of the fair market value of the assets of which were used principally in an active business carried on primarily in Canada by it.
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3,944.
Bergeron v. The Queen - 1999-08-19
Tax Court of Canada Judgments[4] Part I of the Act, which deals with income tax, has 11 divisions, the first two of which are Division A, which deals with liability for tax, and Division B, which concerns the computation of income. [...] [12] To begin with, the position adopted here by the Minister corresponds to that set out by him in Bulletin IT-99R5 of December 11, 1998, which deals with legal and accounting fees. [...] The use of the word itself in the definition of "income" causes some obscurity, but we are unable to assert that alimony paid to a divorced wife under a decree of court falls fairly within any of the terms employed.
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3,945.
Matchee v. Canada (Attorney General) - 1999-01-05
Federal Court Decisions[25] By way of introduction the Appeal Panel must pay particular attention to s. 39 of the VRAB Act. This section deals with the rules of evidence. [...] Prior to 1980 death was included in the section dealing with "improper conduct". [...] Would he think that it is more likely than not that Mr. Crowe, whether consciously or unconsciously, would not decide fairly".
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3,946.
Castro Lopez v. Canada (Citizenship and Immigration) - 2020 FC 197 - 2020-02-04
Federal Court Decisions[23] Finally, the Minister submits that the test to re-open required the Applicants to demonstrate a breach of natural justice or fairness. [...] It is submitted that these errors have given rise to a clear breach of procedural fairness, denying the Applicants of their chance to a hearing at the appeal stage, and that the principles of fairness and natural justice favour re-opening the appeal. [...] I cannot say that the RAD’s Decision is unreasonable because it failed to deal with an issue that was not clearly articulated in the application to re-open.
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3,947.
Lemire v. The Queen - 2012 TCC 367 - 2012-10-18
Tax Court of Canada Judgments(c) a person with whom the person was not dealing at arm’s length, the following rules apply: [...] iii. a person with whom the transferor was not dealing at arm’s length. [...] (4) The fair market value of the property transferred must exceed the fair market value of the consideration given by the transferee.
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3,948.
Canada (Information Commissioner) v. Canada (Minister of Industry) - 2006 FC 132 - 2006-02-13
Federal Court Decisions1. it does not deal with the time period between 1900 and 1940; 2. it was completed for purpose of identifying young men of conscription age. [...] 4. (1) Sous réserve des autres dispositions de la présente loi mais nonobstant toute autre loi fédérale, ont droit à l'accès aux documents relevant d'une institution fédérale et peuvent se les faire communiquer sur demande: [...] 1. the "honour of the Crown" means that the Crown must act honourably in its dealings with Aboriginal peoples to achieve "the reconciliation of the pre-existence of Aboriginal societies with the sovereignty of the Crown".
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3,949.
Canada (Minister of Citizenship and Immigration) v. Hilewitz - 2003 FCA 420 - 2003-11-12
Federal Court of Appeal DecisionsThis standard communication by visa officers is commonly known as the "fairness letter". [...] The visa officer had not seen Mr. Hilewitz' reply to the fairness letter, which she had simply forwarded to the medical officer. [...] [95] Finally, I should note that this decision does not deal with some important aspects of excessive demands opinions.
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3,950.
Ahmed Houssein v. Canada (Citizenship and Immigration) - 2022 FC 529 - 2022-04-13
Federal Court Decisions[2] The decision is challenged on the grounds of procedural fairness and unreasonableness. [...] Did the Officer commit a breach of procedural fairness by declining to hold an oral hearing? [...] [19] As a general proposition, I agree that this is the approach to be preferred when dealing with questions of procedural fairness.