11,315 result(s)
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4,076.
McLarty v. The Queen - 2009 TCC 294 - 2009-05-11
Tax Court of Canada JudgmentsIn this Court, the Minister relied on contingent liability and non-arm’s length dealing. [...] 11. The fair market value of the Manitoba Seismic on 31 December 1993 is irrelevant. [...] If it is relevant, the fair market value was $805,000, the price at which it was sold by Chevron.
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4,077.
Celgene Corporation v. Canada (Attorney General) - 2009 FC 271 - 2009-03-17
Federal Court DecisionsThe judicial review revolved around issues of procedural fairness, interpretation of terms such as “medicine” and “patentee”, and whether the Board had jurisdiction over patent applications prior to the issuance of any patent. [...] [33] I am mindful of the fact that the Patent Act has a public policy objective and that s. 12 of the Interpretation Act provides that “every enactment is deemed remedial, and shall be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objects.” [...] The commercial common law pertaining to the locus of a sale deals primarily with issues related to the physical location at which risk to the goods and the costs of transportation of the goods, pass from the vendor to the purchaser.
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4,078.
Sepracor Inc. v. Schering-Plough Canada Inc. - 2008 FCA 230 - 2008-06-27
Federal Court of Appeal DecisionsThis particular case deals with the Patented Medicines (Notice of Compliance) Regulations (PM(NOC) Regulations), S.O.R./93-133, but the principle involved is one of broad application. [...] [16] In the end, Sepracor says that its modification of Form 305 is simply a practical workaround to deal with a situation which was not contemplated by the drafters of the Rules, particularly in the context of the PM(NOC) Regulations. [...] [35] The participation of the respondent in a capacity other than an opponent of the application may raise issues of procedural fairness and procedural orderliness.
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4,079.
Sousa Andrade v. Canada (Public Safety and Emergency Preparedness) - 2008 FC 239 - 2008-02-21
Federal Court Decisions[15] Fourth, the applicant submits that the Minister breached his duty of procedural fairness because he did not give adequate reasons for his decision. [...] (iii) establishing an agency that is responsible for dealing with reported and other information; [...] [...] 19. L’agent peut requérir main-forte pour se faire assister dans l’exercice des pouvoirs de fouille, de rétention ou de saisie que lui confère la présente partie.
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4,080.
Komahe v. Canada (Minister of Citizenship and Immigration) - 2006 FC 1521 - 2006-12-19
Federal Court DecisionsMr Laza a dit au Père qu'il fera tout pour faire la copie des dossiers. [...] En Mai 2004, le Père m'informa que Mr Laza a pu faire la copie et je lui ai demande (sic) de me les envoyer. [...] [39] The Respondent does not deal with this question except with respect to the issue of the oral hearing.
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4,081.
Oukacine v. Canada (Citizenship and Immigration) - 2006 FC 1376 - 2006-11-16
Federal Court DecisionsHowever, it appears that these two documents do not deal with discrimination against or persecution of Berbers and do not support Mr. Oukacine’s argument. [...] The applicant also claims that there was a violation of the audi alteram partem principle, the right to a fair hearing. [...] In her written submissions, the applicant also alleged that the Board breached its duty of fairness by failing to provide an interpreter.
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4,082.
Shea v. Canada (Attorney General) - 2006 FC 859 - 2006-07-10
Federal Court DecisionsFairness: Staffing decisions are equitable, just and objective. Transparency: Communications about staffing are open, honest, respectful, timely and clearly understood. [...] [33] According to the applicants, the decision to use different criteria and tools in the external staffing process than those used in the internal staffing process violates the Agency's own staffing principle of "fairness". [...] [35] I will deal first with the question of standard of review. Standard of Review
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4,083.
Chrétien v. Canada (Attorney General) - 2005 FC 925 - 2005-06-30
Federal Court DecisionsHowever, I will deal with the Commissioner's allegations regarding abuse of process. [...] Thus, in Krever, a decision involving allegations that the Commissioner of the Krever Commission failed to comply with the dictates of procedural fairness, the Supreme Court found as follows: [...] [47] One of the factors that strongly weighed in favour of expediting the hearing was to deal in a timely way with the Applicant's request to remove the Commissioner.
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4,084.
Canada (Minister of Citizenship and Immigration) v. Jaballah - 2003 FCA 321 - 2003-08-26
Federal Court of Appeal Decisions(c) the judge shall deal with all matters as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit; [...] g) si le juge décide qu'ils sont pertinents, mais que leur divulgation porterait atteinte à la sécurité nationale ou à celle d'autrui, ils ne peuvent faire partie du résumé, mais peuvent servir de fondement à l'affaire; [...] [8] What motivated the designated judge to decide as he did was the time being taken by immigration officials to deal with Mr. Jaballah's application for protection.
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4,085.
Xiao v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 195 - 2001-03-16
Federal Court Decisionsa. Did the Board err by refusing t provide the applicant with a proper opportunity as her counsel alleges, to present her case, and thus denying her natural justice because she was not offered a full and fair hearing, as is also alleged; [...] [2] In my view the Board did not provide the applicant with a full and fair hearing of his claim. [...] There was a reasonable opportunity to make submissions and no breach of procedural fairness occurred.
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4,086.
Maple Leaf Meats Inc. v. Di Parma - 2000-11-28
Federal Court Decisions[27] The final decision which deals with the appeal or review of the decisions of the [...] This is only fair since the appellant raised the issue of a judicial review and the conversion at the hearing before me. [...] [31] Because of my disposition of the appeal, it is not necessary to deal with the other
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4,087.
Huzar v. Canada - 1997-11-14
Federal Court DecisionsI do not see this as immaterial or redundant, as scandalous, frivolous or vexatious, or as prejudicial, embarrassing or matters which would delay a fair trial. [...] While to explore this area may lengthen the trial, paragraph 30 is not one which ought to be struck out on the grounds of prejudice, embarrassment, or that it will unduly delay a fair trial of the action. [...] [33] Still dealing with applicable general principles, the burden is on the party requesting particulars to show they are necessary.
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4,088.
Kabunga v. Canada (Citizenship and Immigration) - 2023 FC 867 - 2023-06-20
Federal Court DecisionsA. Procedural Fairness [26] The applicant raised two points relating to procedural fairness. [...] He claimed that the uncontradicted evidence only led to the conclusion that Ugandan authorities were seeking the applicant because of his dealings with the PPM and that the RPD’s conclusion conflicted with simple logic given the evidence on the record. [...] [38] Accordingly, the applicant’s procedural fairness argument does not succeed.
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4,089.
Lussier v. Canada (Attorney General) - 2022 FC 935 - 2022-06-22
Federal Court DecisionsDid the officer’s decision follow the principles of procedural fairness? [...] When the Court deals with an application for judicial review, it is generally limited to the evidentiary record that was before the decision maker: Access Copyright at para 19. [...] B. There was no breach of procedural fairness. [22] Mr. Lussier argued that the principles of procedural fairness were not respected in two aspects of the process leading up to the decision.
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4,090.
El Haddad v. Canada (Citizenship and Immigration) - 2020 FC 487 - 2020-04-03
Federal Court DecisionsConsequently, the RPD did not deal with this issue. [10] The RPD found the testimony of the principal applicant to be credible with respect to his fear of returning to Lebanon. [...] A. Did the RPD commit a breach of procedural fairness in not limiting the Minister’s participation in the hearing? [...] A. Did the RPD commit a breach of procedural fairness in not limiting the Minister’s participation in the hearing?
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4,091.
Garces Caceres v. Canada (Public Safety and Emergency Preparedness) - 2020 FC 4 - 2020-01-02
Federal Court DecisionsWhether the IAD breached procedural fairness? B. Whether the IAD’s analysis of his evidence was unreasonable? [...] [23] The approach to be taken regarding an alleged breach of procedural fairness has not changed. [...] A. Whether the IAD breached procedural fairness [24] The Applicant submits that he was denied procedural fairness when the IAD member rejected his credibility.
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4,092.
Halilaj v. Canada (Public Safety and Emergency Preparedness) - 2017 FC 1062 - 2017-11-23
Federal Court DecisionsInstead, the Applicant argued (both at the ID and to me) that this Court should apply Biro v Canada (Minister of Citizenship and Immigration), 2005 FC 1428 [Biro] which deals with procedural fairness issues. [...] The ID went even further and looked at the process as instructed in Biro and yet found that the Kosovo system was fair. [...] The ID performed a Biro analysis out of an abundance of caution, and examined whether the Applicant’s right to procedural fairness was breached.
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4,093.
Li v. Canada (Minister of Citizenship and Immigration) - 2006 FC 1109 - 2006-09-19
Federal Court Decisions[1] The duty of fairness demands that the decision-maker respect the principles of procedural fairness. [...] [19] As for issues of procedural fairness, this Court must examine the particular circumstances of the case in order to determine if the decision-maker respected the principles of procedural fairness involved. [...] [21] Section 72 of IRPA deals with applications for judicial review.
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4,094.
Mohammadzadeh v. Canada (Citizenship and Immigration) - 2022 FC 75 - 2022-01-24
Federal Court DecisionsFurthermore, the Officer acted fairly towards Ms. Mohammadzadeh at all steps of the process, and no breach of procedural fairness occurred. [...] [11] Vavilov did not deal directly with issues of procedural fairness, and the approach to be taken on this front has therefore not been modified (Vavilov at para 23). [...] B. Did the Officer breach procedural fairness by failing to provide Ms. Mohammadzadeh with a fairness letter or another alternative to respond to his concerns
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4,095.
Redeemer University College v. Canada (Employment, Workforce Development and Labour) - 2021 FC 686 - 2021-06-29
Federal Court DecisionsWhile that may reflect some carelessness in dealing with the application, it is not otherwise material to this decision. [...] Did the Minister breach the rules of procedural fairness in making her decision? [...] Sending the letter was simply going through the motions to appear to be fair, not an exercise in fairness itself.
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4,096.
Grafton Developments Inc. v. The Queen - 2006 TCC 356 - 2006-07-05
Tax Court of Canada JudgmentsFair Market Value of Residential Portion of the Property as of May 1, 2000 [...] I must now deal with the Fair Market Value question. C. Fair Market Value [...] [26] The definition of "fair market value" adopted by the Supreme Court of Canada is:
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4,097.
Slatineanu v. Canada (Citizenship and Immigration) - 2017 FC 1129 - 2017-12-08
Federal Court Decisions; B. Did the IAD breach the Applicant’s right to procedural fairness by failing to provide him with a show-cause hearing? [...] In the IRPA, Parliament has established a comprehensive, self-contained process with specific rules to deal with the admission of foreign nationals as members of the family class. [...] In fairness, I will grant the Applicant an extension of time to bring a judicial review of the July 7, 2017 decision.
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4,098.
Julien v. Canada (Public Safety and Emergency Preparedness) - 2015 FC 150 - 2015-02-06
Federal Court Decisionsi) Did the ID breach its duty of procedural fairness in refusing to allow the Applicant’s request for an adjournment? [...] 162 (2) Each Division shall deal with all proceedings before it as informally and quickly as the circumstances and the considerations of fairness and natural justice permit. [...] A. Breach of the Principles of Natural Justice and Procedural Fairness
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4,099.
Zhu v. Canada (Citizenship and Immigration) - 2011 FC 952 - 2011-07-28
Federal Court Decisions[12] This question is reviewable on a standard of reasonableness, as it deals with the Officer’s assessment of the evidence regarding the potential hardship to be suffered by the applicant. [...] On this basis, she claims that she was denied procedural fairness, leading to a breach of natural justice. [...] The Officer’s failure to successfully send the letter, which he had no duty to do, cannot be considered a breach of procedural fairness in these circumstances, especially since the evidence shows that an attempt to send the letter was made.
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4,100.
Yang v. Canada (Public Safety and Emergency Preparedness) - 2008 FCA 281 - 2008-09-23
Federal Court of Appeal DecisionsOne relates to the basis upon which the Minister exercises his discretion pursuant to section 29 of the Act. The other relates to procedural fairness. [...] I will deal with them in turn. The Exercise of Discretion [9] Very recently, this Court has held that the standard of review with respect to the exercise of the ministerial discretion under section 29 of the Act was that of reasonableness (see Dag; Sellathurai). [...] Procedural Fairness [14] The arguments raised by the appellant are examined by Snider J. in paragraphs 27 to 30 of her reasons.