11,315 result(s)
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4,126.
Richards v. Canada (Public Safety and Emergency Preparedness) - 2008 FCA 341 - 2008-11-03
Federal Court of Appeal DecisionsHowever, as a matter of procedural fairness, a decision of the Commission may be quashed if it is based on an investigation that is not neutral or not thorough. [...] [10] There is very little jurisprudence dealing with the neutrality of an investigation. [...] In fact, no CBSA inspector recalled dealing with Mr. Richards on July 9, 2003.
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4,127.
Matusiak v. Canada (Attorney General) - 2006 FC 646 - 2006-05-29
Federal Court DecisionsI would add that the actions of Major Burke in his dealing with the Applicant have a great deal to be desired. [...] As a consequence, the VRAB held that 2/5 of a pension represented fair compensation for the role that stressors arising out of the mishandling of Mr. Matusiak’s grievance may have played in the aggravation of his condition. [...] I would add that the actions of Major Burke in his dealing with the Applicant have a great deal to be desired.
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4,128.
Melo v. Canada (Minister of Citizenship and Immigration) - 2000-03-27
Federal Court DecisionsGiven that this is a remark made in reference to a review of all the aspects of the case, it is not the test applied so much as an assessment of the fairness of the process. [...] Levac deals with reopening a hearing prior to judgment being rendered which is not the situation before us. [...] It deals with the Immigration Appeal Division"s continuing equitable jurisdiction to reopen an appeal.
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4,129.
Ogbonna v. Canada (Citizenship and Immigration) - 2020 FC 180 - 2020-01-31
Federal Court DecisionsBecause of this, the RPD’s decision did not meet their legitimate expectation for a fair and intelligible decision. [...] [58] Sections 110 and 111...deal with appeals from the RPD to the RAD. Subject to my comments with respect to paragraph 111(2)(b), I generally agree with the RAD’s finding that neither section 110 nor 111, nor the legislation as a whole, point to the need to show deference to the RPD’s findings of fact. [...] Therefore, the duty of fairness owed to them was breached. In my view, there is also no merit to this submission.
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4,130.
Sadykbaeva v. Canada (Citizenship and Immigration) - 2008 FC 1018 - 2008-09-10
Federal Court Decisions[14] There is no question that a duty of procedural fairness applies to the decision to grant or deny citizenship. [...] [15] Applying these criteria to the case at hand, I am of the view that a fairly high standard of procedural fairness must inform the decision-making process followed in a citizenship application. [...] [28] Having come to that conclusion, it is not necessary to deal with the second argument put forward by the applicant.
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4,131.
Ponican v. Canada (Citizenship and Immigration) - 2020 FC 232 - 2020-02-11
Federal Court DecisionsI find that this application is at the very low end of the spectrum of procedural fairness. [...] Though it is possible that was the case, the fact is the Officer did not set out why he found the document unreliable, therefore I will deal with the above credibility issue. [...] [34] I find that the Officer’s decision was reasonable and procedurally fair.
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4,132.
Zins v. Canada (Canada Revenue Agency) - 2007 FC 1358 - 2007-12-21
Federal Court DecisionsThis case deals with the determination of Mr. Zins’ net income for income tax purposes arising from his illegal telemarketing activities. [...] (1) The request for application of the CRA’s fairness and remissions procedures. [...] c) obliger une personne à faire un paiement, conformément au paragraphe 224(1);
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4,133.
Singh v. Canada (Senate) - 2022 FC 840 - 2022-06-07
Federal Court Decisions[30] The Adjudicator found that a great deal of evidence had shown profound disagreements and misunderstandings between Mr. Singh and Ms. Proulx about their work and reporting relationship. [...] 218 There have been a number of decisions dealing with retaliation/reprisal/provision under provincial Human Rights Codes. [...] As a result, Parliament decided the CHRA would be better suited than the criminal courts to deal with retaliation cases.
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4,134.
Hexalog Ltée c. La Reine - 2005 TCC 67 - 2005-01-19
Tax Court of Canada Judgments[8] This being said, I will deal with the specific case of applying the penalty set out in subsection 237.1(7.4) to the amounts in question after dealing with the definition of "tax shelter" and its application to the present case. [...] (B) a person with whom the promoter does not deal at arm's length, or [...] (d) that is owed to a promoter, or a person with whom the promoter does not deal at arm's length, by the purchaser or a person with whom the purchaser does not deal at arm's length in respect of the interest,
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4,135.
Almrei (Re) - 2009 FC 3 - 2009-01-02
Federal Court DecisionsThis decision deals only with the question of whether Mr. Almrei should continue to be detained pending the outcome of the certificate proceedings. [...] While the presence of special advocates may result in enhanced fairness in the hearing, it would not make the process fair to the extent that he would not have had access to all of the evidence being used against him. [...] In brief, in Mr. Quiggin’s view, Mr. Almrei would be “too hot to deal with”.
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4,136.
Invesco Canada Ltd. v. The Queen - 2014 TCC 375 - 2014-12-23
Tax Court of Canada JudgmentsAppellant Counsel submitted that the Respondent did not adduce evidence respecting fair market value. [...] Subsequent to the hearing of these appeals, the Supreme Court of Canada, on August 1, 2014, released a decision in Sattva dealing with the principles of contractual interpretation. [...] [82] The ITA provides that the value of non-monetary consideration will be its fair market value.
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4,137.
Garneau v. M.N.R. - 2006 TCC 160 - 2006-05-29
Tax Court of Canada Judgments19. Failure to carry out a transaction at fair market value may be indicative of a non-arm’s length transaction. [...] However, such failure is not conclusive and, conversely, a transaction between unrelated persons at fair market value does not necessarily indicate an arm’s length situation. [...] 49 The Respondent was to some extent inspired by the definition of the phrase “fair market value” in Information Circular 89-3, “Policy Statement on Business Equity Valuations”, of August 25, 1989.
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4,138.
Benoit v. Canada - 2002 FCT 243 - 2002-03-07
Federal Court DecisionsAnything else would amount to be a denial of fair dealing and justice between the parties. [...] . . . the honour of the Crown is always at stake in its dealings with Indian people. [...] Q Now, how do you deal with repetition when you are doing a translation?
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4,139.
Canada (Commissioner of Official Languages) v. Canada (Employment and Social Development) - 2022 FCA 14 - 2022-01-28
Federal Court of Appeal Decisions• -Job fairs: once or twice per year, job fairs were organized in Vancouver to bring together French-speaking employees and potential employers that offered a bilingual work environment. [...] [109] As we are dealing with two appeals, the standard of review established by the Supreme Court in Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235, is applicable. [...] ont, dans l’un ou l’autre cas, le droit d’y faire instruire leurs enfants, aux niveaux primaire et secondaire, dans cette langue.
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4,140.
Ait Elhocine v. Canada (Citizenship and Immigration) - 2020 FC 1068 - 2020-11-19
Federal Court DecisionsThe applicants were given a fair hearing in which they were able to participate meaningfully. [...] In the end, their decision not to be represented by counsel did not affect the fairness of the hearing. [...] [24] Castroman deals with an exceptional situation where the claimant’s counsel withdrew in the middle of the hearing, leaving the claimant unrepresented.
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4,141.
Ramezanpour v. Canada (Citizenship and Immigration) - 2016 FC 751 - 2016-07-05
Federal Court DecisionsD. The Officer breached a duty of procedural fairness in not providing the Applicant a fair opportunity to understand and address that her credibility was at issue. [...] [19] In light of this jurisprudence, I do not find that there has been any breach of procedural fairness. [...] The Ankara mission, in this case, is responsible for coverage of visa applicants from Iran and thereby the visa office and its Officers obtain knowledge of Iran simply by virtue of dealing with a significant number of files from that area.
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4,142.
Ewert v. Canada (Attorney General) - 2009 FC 971 - 2009-09-28
Federal Court DecisionsThe CRTC Notice provides an exemption to Part II of the Broadcasting Act, which deals generally with the powers of the CRTC to regulate and supervise the Canadian broadcasting system. [...] He cited the grievance at page 105 of his application record dealing with adding sports gloves to the CSC’s National List of Personal Property. [...] Judicial review does not deal with the merits and a favourable result to an inmate would simply return the matter for redetermination to the tribunal appealed from.
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4,143.
Kaba v. Canada (Citizenship and Immigration) - 2007 FC 647 - 2007-06-15
Federal Court DecisionsAccordingly, this affidavit deals with the same facts as those submitted to the RPD and found not to be credible on fundamental points in the claim. [...] This affidavit cannot serve to re-establish the applicant’s credibility regarding his account dealing with Guinea. [...] This is not simply a question of administrative convenience, but implicates the integrity and fairness of, and public confidence in, Canada’s system of immigration control.
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4,144.
Zhao v. Canada (Minister of Citizenship and Immigration) - 2006 FC 1536 - 2006-12-20
Federal Court Decisionsc) There was a great deal of activity in the Applicant’s United States Dollar Account. [...] A great deal of activity in the US Dollar Account [55] The Applicant has provided a credible explanation for this activity. [...] His passport does not show a great deal of unexplained use. He can prove he was in attendance at the University of Windsor, and he consistently filed income tax returns.
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4,145.
XCO Investments Ltd. v. The Queen - 2005 TCC 655 - 2005-11-14
Tax Court of Canada JudgmentsEstimated $10,800,000 fair market value of the Westhill Apartments, [...] Here subsection 103(1) is entirely adequate to deal with the tax avoidance that the Minister complains of. [...] [38] I do not propose to deal at any length with the GAAR since I regard it is unnecessary in light of section 103.
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4,146.
Canada (Attorney General) v. Almalki - 2010 FC 1106 - 2010-11-08
Federal Court DecisionsI will deal with those issues I think it necessary to address, to the extent that I can in these public reasons. [...] In Carey, above, for example, the government sought to protect all documents dealing with the transaction in question. [...] In Arar, the Court was dealing with proceedings before a federal commission of inquiry.
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4,147.
Airbus Helicopters v. Bell Helicopter Textron Canada Limitée - 2016 FC 590 - 2016-05-27
Federal Court DecisionsInstead, the issue addressed in that case was related to procedural fairness. [...] Rule 106 deals specifically with the severance of proceedings, in contradistinction with Rule 107, which permits bifurcation. [...] To this end, the time and resources of the Court required to deal with additional expert witnesses should be taken into consideration, as well as the time and resources of Airbus.
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4,148.
Kaczor v. Canada (Transport) - 2015 FC 698 - 2015-06-02
Federal Court DecisionsI. Were Ms Kaczor’s Procedural Fairness Rights Breached? [3] In terms of Ms. Kaczor’s procedural fairness claims, two issues arise, namely, determination of the scope of her procedural fairness entitlements and assessment of whether those entitlements were respected. [...] B. Were Ms Kaczor’s Procedural Fairness Entitlements Respected? [13] Having determined the scope of Ms Kaczor’s entitlements in terms of procedural fairness, I turn now to examination of whether those entitlements were respected. [...] There, Transport Canada wrote a letter to the applicant that set out particulars of suspected drug dealing between the applicant and five unnamed individuals.
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4,149.
943372 Ontario Inc. v. The Queen - 2007 TCC 294 - 2007-06-07
Tax Court of Canada Judgments[15] Before I deal with the facts it may be useful to set out the statutory provisions that deal with the Minister’s right to reassess beyond the normal reassessment period under the ITA and the ETA. Subsection 152(4) of the ITA reads in part, as follows: [...] Q. Fair enough. A. It’s strange because usually it doesn’t work that way, but there is a possibility, so I admit that I could be mistaken. [...] This principle is perhaps of greater relevance where we are dealing with a judge and jury.
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4,150.
Engel v. Canada - 2017 FCA 122 - 2017-06-13
Federal Court of Appeal DecisionsHe also submits that the TCC breached the principles of procedural fairness in dismissing his request for an adjournment. [...] [10] Considering the lack of merit of the constitutional argument raised and the lateness of the request, the TCC did not breach procedural fairness by refusing to grant the adjournment. [...] [11] As mentioned during the hearing, the appellant did not raise the argument based on paragraph 6(2)(b) of the Charter before the TCC and thus, we shall not deal with it.