11,315 result(s)
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4,101.
Cappelletto v. The Queen - 2002-07-30
Tax Court of Canada JudgmentsI must determine which is the dominant factor or make a fair allocation. [...] [9] I will deal with the issues in the order enumerated earlier. Insurance [...] The Minister, very fairly, allowed a fair market value, as of May 1996 of $4,500.
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4,102.
Rodriguez v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 414 - 2001-04-30
Federal Court DecisionsThe Supreme Court in Baker v. Canada (MCI), [1999] 2 S.C.R. 817 held that while the right to be heard is part of the content of fairness in the H & C context, that right was afforded the appellant before the Supreme Court. [...] The opportunity, which was accorded, for the appellant or her children to produce full and complete written documentation in relation to all aspects of her application satisfied the requirements of the participatory rights required by the duty of fairness in this case. [...] The Supreme Court has clearly stated that it is not necessary to provide an oral opportunity to be heard in order to deal with the problem in question.
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4,103.
Caricline Ventures Ltd. v. Zzty Holdings Ltd. - 2001 FCT 340 - 2001-04-18
Federal Court Decisions[2] When Hafis Devji was asked questions on cross-examination concerning the knowledge of Mr. Bishop of the present actions when dealing with the "Farside" trade-mark application, the defendants objected on the grounds of privilege. [...] Since issues such as this usually arise during the trial, it is up to the trial Judge to fashion a process to allow for fair production. [...] I am therefore of the view that a fair process would consist of the defendants filing a supplementary affidavit of documents in the manner required by Rules 223 and 224 of the Federal Court Rules, 1998, supra.
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4,104.
Abedin v. Canada (Minister of Citizenship and Immigration) - 2000-12-14
Federal Court DecisionsThat is whether the visa officer breached the duty of fairness owed to Mr. Abedin by not advising Mr. Abedin of his concerns, thus failing to provide to Mr. Abedin an opportunity to respond to those concerns. [...] [22] In that circumstance, and in light of Mr. Abedin's evidence that he was given to understand that the interview went well, I find that the visa officer breached the duty of fairness owed to Mr. Abedin by failing to advise Mr. Abedin of his concerns. [...] [24] Counsel were during the oral hearing requested to provide written submissions dealing with both the use which might be made of CAIPS notes and the issue of certification of a question.
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4,105.
Sudbury v. Canada (Attorney General) - 2000-09-14
Federal Court DecisionsIntegrity: board members must be able to assess all candidates fairly and objectively. [...] The appeal board, accepting that this was the case, concluded that it was impossible to say that the score given to Ms. Parasram was a fair assessment of her skills and abilities. [...] These decisions all appear to deal with situations where a selection board member had preconceived ideas about the position or the qualifications of one or more of the candidates.
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4,106.
Islam v. Canada (Minister of Citizenship and Immigration) - 1999-12-23
Federal Court Decisions[4]This judicial review proceeding turns on the question of procedural fairness: was the applicant given a meaningful opportunity in the particular circumstances of this case to deal with the concern which the visa officer expressed to him at the December 2, 1998 interview concerning the circumstances surrounding the Grace [...] [5]Counsel for the applicant and counsel for the respondent do not dispute that fairness required in this case the identification of that concern and a meaningful opportunity to meet it. [...] In the circumstances, there were two breaches of the principles of procedural fairness.
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4,107.
Western Transloading Corporation v. Peterson - 2020 FC 967 - 2020-10-14
Federal Court DecisionsThe presence of an important jurisdictional or constitutional issue, or concerns about procedural fairness, do not constitute exceptional circumstances (CB Powell at paras 33, 39-40, 45). [...] To support its position, the AGC provides two (2) examples: (1) an internal decision about the procedure to follow when dealing with a claim; and (2) interim decisions made by an arbitrator. [...] [57] Since I am of the view that Inspector Dar did not have the authority to issue the Reversal Decision, it is not necessary for me to decide whether a breach of procedural fairness occurred in this case.
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4,108.
Canada (Attorney General) v. Kattenburg - 2020 FCA 164 - 2020-10-06
Federal Court of Appeal DecisionsThat being said, the panel should not have to deal with submissions of an intervener that are doomed to fail or that are inadmissible. [...] [20] Quite properly, none of the moving parties contend that the provisions of the Food and Drugs Act, the Food and Drug Regulations and the Consumer Packaging and Labelling Act are aimed at furthering or implementing Canada’s international obligations or dealing with the Israel/West Bank issue. [...] Nor are we high priests who can arbitrate values, judge what is “just”, “right” and “fair” and give benediction to our personal beliefs.
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4,109.
Shpati v. Canada (Public Safety and Emergency Preparedness) - 2010 FC 1046 - 2010-10-25
Federal Court Decisions[9] Leave is to be given if there is a fairly arguable case, which certainly is a standard less than that of the balance of probabilities. [...] I remain strongly of that view, but emphasize that Perez did not deal with a refusal by an enforcement officer to defer. [...] [61] Nevertheless, guided by Zazai I did not even deal with the Interpretation Act and so will not certify a question related thereto.
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4,110.
Reyes Rivas v. Canada (Citizenship and Immigration) - 2007 FC 317 - 2007-03-26
Federal Court Decisions[17] In dealing with the applicant’s refugee claim, the RPD also disposed of the claims of his daughter Michelle Reyes, and of his aunt Myrna Reyes. [...] 1. Did the RPD breach the rules of procedural fairness in showing bias at the hearing? [...] [37] When an issue of exclusion is raised during the hearing, Rule 23(2) allows a certain discretion for the RPD to determine whether the Minister’s participation will help it deal with the issue of the applicant’s exclusion.
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4,111.
Secunda Marine Services Ltd. v. Fabco Industries Ltd. - 2005 FC 1565 - 2005-11-18
Federal Court Decisions[7] Secunda takes the position that the cases relied upon by Fabco, which deal with land-based construction projects, and thus governed by provincial law, do not establish any such rule of law. [...] As is fairly common in marine matters, it is a valued policy: $15,500,000 for each ship. [...] Furthermore, as a matter of justice and fairness or policy, call it what you will, I see no need for such a change.
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4,112.
Canada (Minister of Citizenship and Immigration) v. Nagalingam - 2004 FC 1757 - 2004-12-17
Federal Court DecisionsThe respondent also submitted that the Tribunal did not breach the rules of natural or procedural fairness with respect to the calling of a police officer as a witness. [...] [23] Consequently, I am of the view that no breach of natural justice or denial of procedural fairness occurred on the facts of this case. [...] These criminal activities included extortion, drug dealing, robbery, kidnapping, attempted murder and murder, weapons dealing and credit card fraud.
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4,113.
Global Enterprises International Inc. v. Aquarius (The) - 2001 FCT 1311 - 2001-11-28
Federal Court Decisions2. The affidavit of claim of the Syndic has no supporting evidence whatsoever, and as such will delay the fair trial of this action and prejudice other claimants; [...] There the Court ordered the "Cerro Colorado" appraised and sold by the admiralty marshal, the marshal also to deal with the safety of the ship and the repatriation of master and crew. [...] [41] The notarial deed of 9 July 2001, which I have also referred to as an affidavit, is struck out as this Court does not have jurisdiction to deal with bankruptcy proceedings.
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4,114.
Kabir v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 1267 - 2001-11-19
Federal Court Decisions[10] The applicant submits that the Board erred in law in failing to give fair consideration to the particular circumstances of his case. [...] In Administrative Law (6th ed. 1988), at p. 535, Professor Wade discusses the notion that fair procedure should come first, and that the demerits of bad cases should not ordinarily lead courts to ignore breaches of natural justice or fairness. [...] [18] Mr. Eastman also submits that the applicant has not been truthful is in regard to his dealings with Mr. Ahsan.
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4,115.
Garant Chamberland v. The Queen - 2001-02-13
Tax Court of Canada Judgments(c) a person with whom the person was not dealing at arm's length, the following rules apply: [...] (i) the amount, if any, by which the fair market value of the property at the time it was transferred exceeds the fair market value at that time of the consideration given for the property, and [...] The fair market value of the house was no less than $81,000. The notarial deed was filed as Exhibit A-7.
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4,116.
Williams v. Canada (Minister of National Revenue) - 2000-08-31
Federal Court Decisions[4] That deal did not go through as it was complicated and unworkable. [...] [29] The plaintiffs claim that the defendant did not give them a fair hearing to express the fact that the aircraft in question were in Canada temporarily with permission of the Customs authorities and therefore were not imported into Canada. [...] [63] I will deal next with both subsection 153(c) and section 155 of the Act.
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4,117.
Massicotte v. M.N.R. - 2000-04-20
Tax Court of Canada JudgmentsMore particularly, and in a context of fairness for all construction workers, it is submitted that it would be fair to apply paragraph (b), which provides that the number of hours credited shall be calculated by dividing the lump sum amount by the normal hourly rate of pay. [...] Section 10.1 is the provision that refers to remuneration for a period of leave; it thus deals with vacation pay, and this is precisely what is before you today. [...] [45] The exceptions follow in section 9.2 dealing with the situation where remuneration has not been paid.
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4,118.
Anvik v. M.N.R. - 2010 TCC 404 - 2010-08-16
Tax Court of Canada JudgmentsFor the period of from April 6, 2008 to March 31, 2009, the Payor and the appellant were not dealing at arm's length and the Minister was not satisfied that they would have entered into a substantially similar contract of employment if they had been dealing with each other at arms' length, hence the employment was excluded [...] [18] I will first deal with the remuneration issue. It is not disputed in the present case, that the rate of pay of the appellant, after she reduced her shareholding below 40%, reflected market rates and was reasonable. [...] [21] The first big hurdle was to fix a rate of pay that would be a fair market rate and reflect the type and amount of work done.
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4,119.
dTechs EPM Ltd. v. British Columbia Hydro and Power Authority - 2023 FCA 115 - 2023-05-26
Federal Court of Appeal DecisionsIn the circumstances, I cannot see on what basis this Court could deal with the issue of the costs in the Federal Court. [...] [23] Thus, although the motion judge purported to apply the Palmer test, he did what motion judges of this Court usually do when dealing with such motions. [...] As noted by the Federal Court, the entire patent must be considered, but adherence to the claim language allows the claims to be read in a way in which the inventor is presumed to have intended, thereby promoting fairness and predictability (FC Decision at para. 78).
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4,120.
Jalilvand v. Canada (Citizenship and Immigration) - 2022 FC 1587 - 2022-11-18
Federal Court DecisionsThe Applicants seek judicial review of the refusals, raising issues of breach of procedural fairness and reasonableness. [...] I deal with each issue in turn below. A. Procedural Fairness [6] Questions of procedural fairness attract a correctness-like standard of review: Benchery v Canada (Citizenship and Immigration), 2020 FC 217 at paras 8-9; Canadian Pacific Railway Company v Canada (Attorney General), 2018 FCA 69 at para 54; Vavilov, above at [...] I thus conclude that there has been no breach of procedural fairness in the circumstances.
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4,121.
Hafiz v. Canada (Citizenship and Immigration) - 2018 FC 1273 - 2018-12-18
Federal Court DecisionsWas the Applicant denied procedural fairness, considering that he was not provided an opportunity to address the Officer’s concerns? [...] [16] The Respondent, on the other hand, argues that the Officer did not violate the Applicant’s right to procedural fairness. [...] A. Was the Applicant denied procedural fairness, considering that he was not provided an opportunity to address the Officer’s concerns?
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4,122.
Safajou v. Canada (Immigration, Refugees and Citizenship) - 2018 FC 254 - 2018-03-06
Federal Court DecisionsIn those cases, the IAD was found to have breached procedural fairness by discouraging and excluding witnesses, respectively. [...] I therefore do not agree with Mr. Safajou that there was a breach of procedural fairness arising from translation issues, if indeed any occurred. [...] He submits that the IAD misstated his daughter’s age, did not ask about his daughter’s situation in Iran, failed to mention Mr. Safajou’s sponsorship efforts, and did not deal with Mr. Safajou’s submissions regarding how it would be in his daughter’s best interests to grow up in Canada.
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4,123.
Kohazi v. Canada (Citizenship and Immigration) - 2015 FC 705 - 2015-06-03
Federal Court DecisionsI. Was the hearing before the RPD fair? [4] The Applicant argues that the process before the RPD was unfair. [...] [11] Upon review of the proceedings in this case, it is apparent that the RPD here did not ensure that the Applicant received a fair hearing. [...] 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, anti-Semitism and intolerance.
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4,124.
Environmental Defence Canada v. Canada (Fisheries and Oceans) - 2009 FC 131 - 2009-02-10
Federal Court DecisionsAs a result, it was included on the List of Wildlife Species at Risk in Schedule 1 of the Species at Risk Act, S.C. 2002, c. 29 (SARA) when the provisions of the SARA dealing with recovery planning came into force. [...] (W)aiver may also occur in the absence of an intention to waive, where fairness and consistency so require. [...] The law then says that in fairness and consistency, it must be entirely waived ...
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4,125.
Callaghan v. Canada (Chief Electoral Officer) - 2010 FC 43 - 2010-01-18
Federal Court DecisionsPayment for a good or service, whether at the time the deal was made or after the good or service is provided, is recognition of a liability or debt incurred. [...] [261] The fair market value of the deemed election expenses reported in the electoral campaign return for Mr. Campbell, corresponds to: [...] 4. The fair market value of the deemed election expenses reported in the electoral campaign return for Mr. Campbell, corresponds to: