11,315 result(s)
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3,951.
Samtra v. Canada (Public Safety and Emergency Preparedness) - 2022 FC 282 - 2022-02-28
Federal Court Decisions[1] This decision deals with two applications for judicial review. The first application is in file IMM-4363-21. [...] 3. Whether it was fair to omit reference in the Narrative to his future employment prospects; [...] 5. Whether it was fair to omit reference in the Narrative to that the fact that the Applicant had been made a trustee in prison.
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3,952.
Burlacu v. Canada (Attorney General) - 2021 FC 610 - 2021-06-15
Federal Court DecisionsThe respondent further submits that these decisions are reasonable and the procedure followed was fair. [...] (i) a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment, ... [...] The principle that the individual or individuals affected by a decision should have the opportunity to present their case fully and fairly underlies the duty of procedural fairness and is rooted in the right to be heard: Baker, at para. 28.
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3,953.
Alhaddad v. Canada (Citizenship and Immigration) - 2019 FC 655 - 2019-05-13
Federal Court Decisions[14] Having concluded that the Applicants were able to return to Saudi Arabia at the time of the RPD hearing, the RAD then went on to deal with the Applicants’ allegation that they no longer had a right to return to Saudi Arabia as a result of the termination of the Principal Applicant’s husband’s employment. [...] They submit that the RAD: (1) erred in its assessment of their CFHR; (2) breached their right to procedural fairness; and (3) erred in its assessment of the Principal Applicant’s credibility. [...] [19] Regarding the alleged breach of procedural fairness, the Federal Court of Appeal recently clarified that questions of procedural fairness do not necessarily lend themselves to a standard of review analysis.
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3,954.
Kaur v. Canada (Citizenship and Immigration) - 2017 FC 782 - 2017-08-24
Federal Court DecisionsB. Is there a breach of procedural fairness? IV. Standard of Review [...] [9] The question of breach of procedural fairness is reviewable on the standard of correctness. [...] They can use and understand fairly complex language, particularly in familiar situations.
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3,955.
Subramaniyathas v. Canada (Citizenship and Immigration) - 2014 FC 583 - 2014-06-19
Federal Court DecisionsB. Did the Board breach its duty of procedural fairness to the Applicant? [...] B. Did the Board breach its duty of procedural fairness to the Applicant? [...] [26] While I need not deal with this issue based on my finding above, I will.
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3,956.
Canada (Attorney General) v. Churcher - 2010 FC 1007 - 2010-10-12
Federal Court Decisions[11] The applicant submits that the Court owes the adjudicator no deference on issues of fairness and jurisdiction. [...] Similarly, on issues of procedural fairness, a reviewing court will not defer to the administrative decision maker, because “[i]t is for the courts ... to provide the legal answer to procedural fairness questions” (see C.U.P.E. v. Ontario (Minister of Labour), 2003 SCC 29, [2003] 1 S.C.R. 539, at paragraph 100). [...] I note that none of the cases deals with an adjudicator’s power to ascertain the quantum of the remedy the entitlement to which was the principal object of the dispute between the parties.
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3,957.
Nehme v. Canada (Minister of Citizenship and Immigration) - 2004 FC 64 - 2004-01-16
Federal Court Decisions[5] With her application on February 28, 2002, she included letters from retailers indicating past business dealings with Extrafoot, as well as receipts indicating purchases by Extrafoot from wholesale suppliers. [...] The visa officer did not breach any duty of fairness by not providing an interview. [...] [22] After consideration of the written submissions, I am not persuaded that there was any breach of the duty of fairness by the visa officer.
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3,958.
Chang v. Canada (Attorney General) - 2000-05-31
Federal Court Decisions5. Did the Appeal Board Chairperson fail to observe a principle of natural justice and procedural fairness by exhibiting bias toward the department? [...] [36] The applicant was not able to convince the Appeal Board how the simulation exercise failed to deal with all the qualifications. [...] 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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3,959.
Bakhtiania v. Canada (Minister of Citizenship and Immigration) - 1999-06-24
Federal Court Decisions[15] Procedural fairness may require that a visa officer advise an applicant of a negative assessment and provide the applicant with a fair and reasonable opportunity of answering the evidence against him or her (Muliadi v. Canada (M.C.I.) (1986), 2 F.C. 205 (F.C.A.). [...] There was in my view no procedural unfairness in this respect in the process followed by the officer dealing with the application. [...] It may be preferable if the visa officer would inform the applicant of this concern but failure to do so does not violate the duty of fairness.
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3,960.
Tiben v. Canada (Citizenship and Immigration) - 2020 FC 965 - 2020-10-14
Federal Court Decisions[6] In February 2019, the Officer sent Mr. Tiben a procedural fairness letter. [...] B. The procedural fairness concerns [28] Turning to procedural fairness, Mr. Tiben and the Dependant Applicants submit that the Officer breached their right to a fair process because she did not give them an opportunity to respond to her credibility concerns. [...] Furthermore, in all respects, the Officer met the applicable procedural fairness requirements in dealing with the application of Mr. Tiben and the Dependant Applicants.
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3,961.
M R Martin Construction Inc. v. M.N.R. - 2006 TCC 196 - 2006-03-27
Tax Court of Canada Judgments... (i) employment if the employer and employee are not dealing with each other at arm's length. [...] However in view of my comments in Porter and my direction to counsel during the hearing, I think it is fair to say that the Academy Drywall Ltd. case no longer represents the manner in which this Court deals with such appeals and Appellant counsel's approach using a two step analysis was simply incorrect. [...] He went on to state that she was hired to deal primarily with the construction issues.
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3,962.
Carpenter v. Canada (Attorney General) - 2020 FC 753 - 2020-07-09
Federal Court DecisionsAs a matter of fairness, Ms. Carpenter should be relieved of the obligation to pay arrears interest on amounts that were ultimately found to be incorrectly assessed. [...] The same year, she met with an accountant and borrowed money from her mother to deal with her outstanding tax returns. [...] 8. The legislation gives the CRA the ability to administer the income tax system fairly and reasonably.
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3,963.
Devon Canada Corporation v. Canada - 2015 FCA 214 - 2015-10-08
Federal Court of Appeal DecisionsIn a similar vein, Justice Jorré of the Tax Court of Canada in Canadian Imperial Bank of Commerce v. The Queen, 2013 TCC 170 in dealing with the corresponding provisions in the Excise Tax Act, R.S.C. 1985, c. E-15, stated that a general description of the issue as the correct amount of tax owing would not be sufficient. [...] any person with whom the taxpayer does not deal at arm’s length or any partnership or trust of which the taxpayer or any person with whom the taxpayer does not deal at arm’s length is a member or beneficiary, this paragraph shall be read without reference to the words “the lesser of” and to subparagraph 20(1)(e)(iii), and [...] period ending in the year had it continued to exist and had the partnership interest not been redeemed, acquired or cancelled, that the fair market value of the member’s interest in the partnership immediately before that time is of the fair market value of all the interests in the partnership immediately before that time;
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3,964.
Canada v. Callidus Capital Corporation - 2015 FC 977 - 2015-08-17
Federal Court DecisionsThus the tax debtor may deal with its property free of the deemed trust. [...] The Crown’s position is that section 325 of the ETA results in personal liability for a third party who receives property from a person for less than fair market value. [...] In section 317, it is receipt of an RTP and in section 325 it is the moment that the transfer of property for less than fair market value occurs.
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3,965.
Sivaraja v. Canada (Citizenship and Immigration) - 2015 FC 732 - 2015-06-10
Federal Court DecisionsQuestions of procedural fairness are reviewable on a standard of correctness: Mission Institution v Khela, 2014 SCC 24 at para 79; Exeter v Canada (Attorney General), 2014 FCA 251 at para 31. [...] The Board also breached procedural fairness in failing to present its concerns regarding how soon before the hearing the Applicant acquired the doctor’s note: Kegaj v Canada (Citizenship and Immigration), 2008 FC 388. [...] [46] In my view, the Board makes significant errors in dealing with the Applicant’s evidence of past experiences.
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3,966.
Aga Khan v. Tajdin - 2011 FC 14 - 2011-01-07
Federal Court DecisionsShe limited the examination to fifteen minutes, more than enough time to deal with the points in issue. [...] « Mowlana Hazar Imam, que pouvons nous faire pour l’Imamat? » Aga Khan: [...] « Continuez ce que vous faites, réussissez ce que vous faites et ensuite nous allons voir ce qu’on peut faire ensemble. »
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3,967.
Pension Plan for Presidents of 1346687 Ontario Inc. v. Canada (National Revenue) - 2007 FCA 262 - 2007-07-27
Federal Court of Appeal DecisionsThis requires the Minister to comply with the rules of natural justice and procedural fairness by ensuring that the affected party has a reasonable opportunity to respond to the concerns of the Minister. [...] As such, the CRA cannot be said to have failed to comply with the rules of natural justice and procedural fairness in giving the Notice of Intent, having regard to its dealings with the appellant and its representatives over the approximately six year period since the Plan was registered. [...] [38] The alleged failure to meet the condition in paragraph 8502(a) of the ITR was known to the appellant and it was open to the appellant to provide any submissions that it thought would be useful to it in dealing with that matter.
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3,968.
Pension Plan For Presidents Of Jordan Financial Limited v. Canada (National Revenue) - 2007 FCA 263 - 2007-07-27
Federal Court of Appeal DecisionsMr. Jenkins has considerable experience in dealing with the Registered Plans Directorate (the “RPD”) of the CRA. Prior to the Plan’s registration, he had been involved in detailed discussions about individual pension plans (“IPP”) with the RPD. [...] This requires the Minister to comply with the rules of natural justice and procedural fairness by ensuring that the affected party has a reasonable opportunity to respond to the concerns of the Minister. [...] As such, the CRA cannot be said to have failed to comply with the rules of natural justice and procedural fairness in giving the Notice of Intent, having regard to its dealings with the appellant and its representatives over the approximately five year period since the Plan was registered.
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3,969.
Duchaine c. La Reine - 2003 TCC 159 - 2003-03-24
Tax Court of Canada Judgments[33] The total for the sales of metal by the appellant 9021 to Marila Métal is fairly substantial. [...] [34] The sales made to Marila Métal by the appellant 9021 are all documented and represent fairly large amounts of money. [...] The amounts at issue are fairly substantial and the bookkeeping was of a nature that made it difficult to prepare the financial statements.
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3,970.
Cartier v. Canada (Attorney General) - 2002 FCA 384 - 2002-10-10
Federal Court of Appeal Decisions. . . the decision of January 12, 2000, is fair and reasonable, that it is based on pertinent, credible and adequate information, that it was made in accordance with the Act and Board policies concerning the prohibition of release, and that the rules of fundamental justice were adhered to. [...] Section 100 deals with "conditional release", a phrase that is not defined but can only mean the various types of release described in Part II of the Act. Section 101 deals in general with any decision made by the Board. [...] In Mooring v. Canada (National Parole Board), [1996] 1 S.C.R. 75, Sopinka J. noted that "The protection of the accused to ensure a fair trial . . . is overborne by the overriding societal interest" (at 92).
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3,971.
Algoma Tubes Inc. v. Canada (Attorney General) - 2022 FCA 89 - 2022-05-19
Federal Court of Appeal DecisionsWhile the standard of review for procedural fairness is in doubt in the jurisprudence of this Court, the dominant view is that we are to assess whether the administrative proceedings were procedurally fair without any deference. [...] To reiterate, on the reasonable view of section 76.1 adopted by the President, it only deals with changes wrought by the rulings and recommendations of the Dispute Settlement Body and as directed by the Minister, nothing else. [...] On this record, we see no breaches of procedural fairness and, here again, on this point we substantially agree with the submissions of the respondents in their memoranda of fact and law.
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3,972.
Freeman v. Canada (Citizenship and Immigration) - 2014 FC 682 - 2014-07-11
Federal Court DecisionsA. Did the Board breach its duty of procedural fairness to the Applicants? [...] A. Did the Board Breach its Duty of Procedural Fairness to the Applicants? [...] Pages 2-9 of the transcript are almost exclusively focussed on dealing with the Applicants’ request.
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3,973.
Boulos v. Canada (Public Service Alliance) - 2012 FCA 193 - 2012-06-25
Federal Court of Appeal DecisionsThus, it found that there was no breach of the duty of fair representation. [...] Would he think that it is more likely than not that [the decision-maker], whether consciously or unconsciously, would not decide fairly.” [...] Despite my sympathy for his situation, I cannot conclude that his complaint was not considered and decided fairly.
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3,974.
Meggeson v. Canada (Attorney General) - 2011 FC 600 - 2011-05-30
Federal Court Decisions[9] The CDS noted that repatriation can have serious career repercussions and such action should only be taken after procedural fairness has been afforded. [...] * * * * * * * * [14] The applicant submits that the issues raised in this application deal with procedural fairness, and are therefore subject to the standard of review of correctness (Sketchley v. Canada (Attorney General), 2005 FCA 404, [2006] 3 F.C.R. 392 (C.A.), at paras 53 and 57; Dunsmuir v. New Brunswick, 2008 SCC 9, [...] [15] The respondent argues, and I agree, that the issue is not one of procedural fairness, as the CDS found that procedural fairness had been breached and neither party disputes this finding.
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3,975.
Alexandre-Dubois v. Canada (Citoyenneté et Immigration) - 2011 FC 189 - 2011-02-16
Federal Court Decisionsc. Did the Board breach procedural fairness by providing insufficient reasons in support of its decision? [...] C. Did the Board breach procedural fairness by providing insufficient reasons in support of its decision? [...] That is a serious breach of the principles of procedural fairness, which would in itself warrant the Court’s intervention.