11,315 result(s)
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4,051.
942260 Ontario Ltd. v. Misty Press - 2004 FC 1384 - 2004-10-06
Federal Court Decisionsb) faire prêter serment et recevoir des affirmations solennelles; c) accepter sous serment, par voie d'affidavit ou sous une autre forme, tous témoignages et renseignements qu'à son appréciation il juge indiqués, qu'ils soient admissibles ou non en justice; [...] [17] In Gendron v. Supply and Service Union of the Public Service Alliance of Canada, [1990] 1 S.C.R. 1298, the Supreme Court concluded in dealing with the Code that resort to the common law would add nothing to the content or effect of that statute. [...] The rationale is that the legislation was generally designed to be a fairly complete code and in some regards (duty of fair representation) it was to be a complete code.
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4,052.
Smilovici v. The Queen - 2004 TCC 9 - 2004-01-12
Tax Court of Canada Judgments(i) the Appellant failed to establish that at the end of the 2001 taxation year, he owned a share of capital stock of a corporation which was insolvent, did not carry on business, the fair market value of shares of which was nil, and could have been reasonably expected to be dissolved or wound up and not carry on business [...] (j) the Appellant failed to establish that an amount had been paid by him to a person with whom the Appellant was dealing at arm's length in respect of a debt of a small business corporation under an arrangement under which the Appellant guaranteed the debt; [...] A small business corporation is defined in subsection 248(1) of the Act to mean a Canadian-controlled private corporation of which all or substantially all of the fair market value of the assets of which were:
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4,053.
Verint technology Inc. v. Canada (Minister of Public Works and Government services) - 2003 FCT 157 - 2003-02-13
Federal Court Decisions[15] With respect to the serious issue, the applicant argues that PWGSC deliberately applied a policy that resulted in a breach of the Government's obligations to promote fair, open and impartial procurement procedures. [...] The action of PWGSC in failing to request clarification of one sentence dealing with an ambiguous mandatory requirement was arbitrary and breached PWGSC's obligation of good faith and fairness towards parties invited to bid on Government contracts and was contrary to the doctrine of natural justice. [...] requirements in the RFP) was arbitrary; secondly, whether the failure of PWGSC to advise the applicant of its disqualification prior to the awarding of the contract to another bidder thus foreclosing its opportunity to obtain a stay order prohibiting such an award from the CITT, was contrary to procedural fairness.
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4,054.
Ahn v. Canada (Minister of Citizenship and Immigration) - 1999-04-20
Federal Court DecisionsSecondly, it is submitted that the Visa Officer breached his duty of fairness by failing to grant him an interview before making a final determination with respect to his qualifications. [...] In dealing with these arguments, Rothstein J. stated at 312: Nor was there an obligation on the Visa Officer to call in the applicant for an interview to clarify the applicant's reference to his capacity in French. [...] [16] Given that I have determined that the applicant has not demonstrated that the officer erred in interpreting the CCDO or the NOC classifications or in his assessment of the evidence, I have concluded that the Officer did not err when failing to conduct an interview and, as a result, did not breach his duty of fairness
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4,055.
Rampersaud v. Canada (Minister of Citizenship and Immigration) - 1999-02-17
Federal Court DecisionsThe official indicated, on the basis of the information in their files, that the female applicant's husband, who was a well-known businessman, was "reasonable and honest" in his dealings with that office. [...] [15] The principal question to be determined is whether the immigration officer breached the duty of fairness by failing to provide the applicants with an opportunity to respond to extrinsic evidence. [...] [16] Counsel for the applicants submitted, among other things, that the immigration officer breached the duty of fairness by considering the extrinsic evidence forwarded by the visa office without providing the applicants with an opportunity to respond to that evidence.
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4,056.
Hogan v. Canada (Minister of Citizenship and Immigration) - 1998-01-08
Federal Court DecisionsThe attachments to the submissions indicated that the applicant had made excellent progress dealing with the problems which led to his exposure offenses and had completed a program for sex offenders. [...] Strayer, J.A. concluded by stating that "In such circumstances the requirements of fairness are minimal and have surely been met for the same reasons as I have concluded that requirements of fundamental justice, if applicable, have been met." [...] [12] Accordingly, I am satisfied the requirements of fairness have been met here.
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4,057.
Canada (Minister of Citizenship and Immigration) v. Jaballah - 1999-11-02
Federal Court DecisionsOnce again we have a hypothetical question to which the respondent gives a fairly forceful response. [...] Do you still have dealings with Mr. Farhat today? A. Very casual, like "How are you? [...] Q. Do you know if your husband has ever had any dealings with The Muslim Brotherhood?
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4,058.
Randhawa v. Canada (Citizenship and Immigration) - 2023 FC 1074 - 2023-08-04
Federal Court DecisionsA. The Applicant was not denied procedural fairness [16] The Applicant’s procedural fairness claim is based on two inter-related arguments. [...] [19] The Respondent takes issue with both aspects of the Applicant’s claim relating to procedural fairness. [...] [21] I am not persuaded that the RAD denied the Applicant procedural fairness.
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4,059.
Zarandi v. Canada (Citizenship and Immigration) - 2015 FC 1036 - 2015-09-01
Federal Court Decisions[17] Let me first deal with several evidentiary issues raised by the Applicant: [...] [27] In my opinion the Applicant was denied procedural fairness. While the right to counsel is not guaranteed in citizenship hearings, the right to continuous and contemporaneous interpretation is a fundamental right and is necessary for ensuring a full and fair hearing. [...] The issue is a party's right to receive procedural fairness; not the decision reached.
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4,060.
Spencer v. Canada (Minister of Citizenship and Immigration) - 2006 FC 990 - 2006-08-16
Federal Court Decisions2. Was the duty of fairness owed to the applicant met? 3. Did the officer err by ignoring evidence? [...] 2. Was the duty of fairness owed to the applicant met? [18] In Hernandez, above, at paragraphs 70 and 71, Justice Snider discussed the duty of fairness owed to the applicant for the purposes of subsection 44(1) of the Act: [...] She deals with all the evidence presented and comes to reasonable conclusions in both instances.
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4,061.
Young v. Canada (Attorney General) - 1999-08-25
Federal Court DecisionsAccording to the applicants, this process breaches the principles of fairness. [...] a) declare the Minister"s decision void insofar as it has not been reached fairly, and; [...] [59] In conclusion, procedural fairness deals with procedure and practice during the decision-making process, not the results of that process.
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4,062.
Miller v. The Queen - 2019 TCC 204 - 2019-10-01
Tax Court of Canada JudgmentsThat common understanding I take to mean the highest price an asset might reasonably be expected to bring if sold by the owner in the normal method applicable to the asset in question in the ordinary course of business in a market not exposed to any undue stresses and composed of willing buyers and sellers dealing at arm’s [...] It would make no sense for CVI to offer to sell to the taxpayers at one-third of the fair market value, if indeed, the fair market value was as determined by Ms. Tropper and the judge. [...] iii) signed a Deed of Gift, purporting to donate Software with a fair market value of $42,000 to CCAO; and
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4,063.
Buri v. Canada (Citizenship and Immigration) - 2014 FC 45 - 2014-01-15
Federal Court DecisionsThe disclosure issue may not in itself amount to a breach of natural justice or procedural fairness. [...] [34] The Respondent submits that a fair reading of the Board’s reasons indicates that it applied the proper test for state protection. [...] It is composed of independent and impartial members, who are appointed on the basis of their moral authority and recognized expertise in dealing with racism, xenophobia, and anti-Semitism and intolerance.
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4,064.
Big River First Nation v. Dodwell - 2012 FC 766 - 2012-06-20
Federal Court DecisionsThe Report shows the Investigator was dealing with hearsay evidence and he was aware of this conflict in the evidence. [...] Here, there was no indication the Commission ignored evidence or failed to deal with conflicts in the evidence appropriately. [...] [78] The Applicant has not established any jurisdictional error or violation of procedural fairness.
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4,065.
Ballantyne v. Bighetty - 2011 FC 994 - 2011-08-12
Federal Court Decisionsh) The Settlement Agreement itself is deficient in that it does not contain an agreed statement of facts dealing with what has occurred and the extent of the damage caused by the spill. [...] [65] The process that led to the negotiated Settlement Agreement was an open and fair process. [...] There was no breach in procedural fairness or natural justice. The Adequacy of the Settlement Agreement
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4,066.
Awashish v. Conseil des Atikamekw d’Opitciwan - 2019 FC 1131 - 2019-09-03
Federal Court DecisionsFirst, Mr. Awashish submits that this decision breached procedural fairness. [...] It also depends on the scope of procedural fairness in the circumstances. [...] Although this provision is contained in a chapter dealing with the conduct of candidates during an election campaign, both the Electoral Officer and the council state that
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4,067.
Eshetie v. Canada (Citizenship and Immigration) - 2019 FC 1036 - 2019-08-01
Federal Court Decisions[23] The issue of reasonable apprehension of bias raises a question of procedural fairness and is reviewable for correctness. [...] I have reviewed the record and the RAD’s analysis of the Applicant’s allegations and find that the reasonable person would not conclude that the RPD member lacked impartiality and would not decide the case fairly. [...] [34] An applicant is required to put his or her best foot forward to the RPD. In this case, a great deal of the new evidence submitted by the Applicant could and should have been provided to the RPD.
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4,068.
McCartie v. The Queen - 2018 TCC 185 - 2018-09-19
Tax Court of Canada JudgmentsJustice Visser in 2078970 Ontario Inc. [8] agreed with Paletta and stated that while earlier cases dealing with previous versions of Rule 58 may still be of assistance, they should be considered cautiously and distinguished when needed. [...] The prospects of two judges, after considerable testimony, opining on the credibility and weight of the same witnesses in the same appeals is neither fair, nor consistent to the parties nor the interests of justice. [...] [46] A properly established preliminary voir dire by a trial judge regarding the admissibility of this body of factual evidence is a more efficacious and efficient method of dealing with the exclusion of the impugned evidence.
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4,069.
Shebib v. Canada - 2016 FC 539 - 2016-05-12
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 relevant facts put forward may cover a wide spectrum dealing with scientific, social, economic and political aspects. [...] A respondent cannot, by simply consenting to dispense with the factual background, require or expect a court to deal with an issue such as this in a factual void.
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4,070.
Intwala v Canada (Citizenship and Immigration) - 2013 FC 637 - 2013-06-11
Federal Court Decisions[26] On 24 May 2011, immigration officials sent a procedural fairness letter in which the Officer’s specific concerns about Rizwan were outlined. [...] [33] The Applicant submits that this Court only has jurisdiction to deal with the issue of misrepresentation as outlined in the Refusal Letter, and not the issue of the validity of Rizvan’s adoption. [...] A procedural fairness letter dated 24 May 2011 was sent to the Applicant, which primarily raised issues to do with the validity of the adoption.
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4,071.
Poulin v. The Queen - 2013 TCC 104 - 2013-04-12
Tax Court of Canada JudgmentsHowever, before dealing with that concern, it is necessary that I relay more of the Applicant’s testimony and the supporting evidence that he tendered as exhibits at the hearing. [...] I have no reason to believe that there was not a Surrey office that would meet that requirement and, in any event, the Respondent has not asserted otherwise;[3] nor does the affidavit deal with that question – the question being: what might have happened to the Notice of Objection if it had been sent to the Surrey office? [...] the parameters of a Minister’s duties under section 220, it is my view that this Court should not be forced to preclude the application of such provisions until the powers to act pursuant to those provisions have been diligently considered - at least where, as stated above, a credible source requests a fairness review.
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4,072.
Sicurella v. The Queen - 2013 TCC 79 - 2013-03-11
Tax Court of Canada JudgmentsThe appellant was entitled to designate as proceeds of disposition any amount between the acquisition cost of the property and the fair market value (FMV) of the property. [...] [22] When the $100,000 exemption was repealed in 1994, subsection 110.6(19) of the Act enabled individuals to make an election by which capital property would be deemed to be disposed of on February 22, 1994, and repurchased at its fair market value or some lower value. [...] The capital cost allowance calculations for 2007 and 2008, which are included in Exhibits I‑3 and I‑4, are therefore reasonable and fair, and the appellant did not show on a balance of probabilities that the Minister erred in taking the ACB indicated by the appellant in her T664 election as a starting point.
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4,073.
Canada (Attorney General) v. Quadrini - 2010 FCA 246 - 2010-09-27
Federal Court of Appeal Decisions(a) “procedural considerations need to be taken into account in deciding how a quasi-judicial tribunal should deal with a claim of solicitor-client privilege”; [...] Further, such submissions by the tribunal can erode the tribunal’s reputation for evenhandedness and decrease public confidence in the fairness of our system of administrative justice. [...] This Court has the power to impose these terms under Rules 53 and 109 and considers them to be appropriate and fair.
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4,074.
Reilly v. The Queen - 2010 TCC 326 - 2010-06-17
Tax Court of Canada JudgmentsQ Is it fair to say that in '99 you felt fairly passionate about some issues that you wanted to bring or to -- you felt passionate about some issues that you wanted to make changes with, you wanted to bring to the attention of the City of Delta? [...] But on the issue side, I don't -- I can't say that I had any passionate issue that I wanted to deal with, if that's what you're asking. [...] Isn't it fair to say you were passionate about those issues at that time?
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4,075.
Harkat (Re) - 2009 FC 1266 - 2009-12-11
Federal Court DecisionsTo uphold the right to procedural fairness to people in Mr. Charkaoui’s position, CSIS should be required to retain all information in its possession and to disclose it to the ministers and the designated judge. [...] [27] I will now deal with the specific requests made by Mr. Harkat which may, for the most part, be divided into two categories. [...] Last, I will deal with the request for the disclosure of information concerning two individuals who Mr. Harkat wishes to call as witnesses in this proceeding, and the request for the disclosure of a list of all original material that has been destroyed.