11,315 result(s)
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4,151.
Singh v. Canada (Citizenship and Immigration) - 2009 FC 620 - 2009-06-10
Federal Court Decisionsa. Whether the officer breached the principles of natural justice or procedural fairness by not affording the applicant an opportunity to address the officer’s concerns either by way of letter or interview; [...] b. Whether the officer breached the principles of natural justice and procedural fairness by failing to provide adequate reasons. and [...] The same is true, in my view, when dealing with a work permit application.
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4,152.
Erdmann v. Canada - 2001 FCA 138 - 2001-05-03
Federal Court of Appeal Decisions160 of the Income Tax Act and under section 325 of the Excise Tax Act. The assessments were based on the allegation that on April 21, 1998 Mr. John Swift, who then had tax debts outstanding under both statutes, transferred certain property to Ms. Erdmann, then his spouse, for less than fair market value consideration. [...] It appears that the only issue raised in the Tax Court was whether the Crown had correctly determined the fair market value of the transferred property. [...] In these circumstances, the participation of Mr. Swift as a representative of Ms. Erdmann probably would not assist the Court in dealing with the issues raised in her applications.
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4,153.
Malakauskas v. Canada (Minister of Citizenship and Immigration) - 2000-10-19
Federal Court Decisionsas a mechanical engineer and engineering technician; that the visa officer breached the duty of fairness in failing to investigate further the nature of the applicant's duties at Pergale and Transport Trailer; and that the visa officer was biassed and accordantly failed to fairly assess the applicant's experience. [...] The submission that the certificate from the Canadian Association of Professional Engineers corroborates the applicant's assertions concerning his work experience is a mischaracterization of the limited purpose of the letter which deals only with qualifications and not experience.
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4,154.
Carpio v. Canada (Minister of Citizenship and Immigration) - 2000-06-08
Federal Court Decisionsthat Immigration Officer Nunez, who rendered the decision, had not personally conducted the inquiry; that the decision was rendered in a hurried fashion some 14 months after the original application had been dealt with by another Immigration Officer and, as a result the second officer had breached the duty of fairness. [...] [12] No doubt we are dealing with applicants who have a stable history of employment, who appear integrated into the community and who have extended family in this country. [...] officer did not make the final decision and the considerations for humanitarian and compassionate grounds were looked into some 14 months later by another officer who conducted her investigation over the telephone with people who obviously had some difficulty with the language, this situation offends my sense of fairness.
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4,155.
Bonamy v. Canada (Correctional Service) - 1998-02-26
Federal Court Decisionsapplication to be transferred from the Grande Cache Institution in Alberta to the William Head Institution near Victoria, B.C. The applicant who represents himself in these proceedings describes the alleged error of the respondent as one of failure to observe principles of natural justice or procedural fairness. [...] However, there is no evidence of any breach of procedural fairness in the material filed. [...] In dealing with the one consideration which appears to be the real basis of the transfer application, "accessibility to the person's home community and family" the Board states:
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4,156.
Sennikova v. Canada (Attorney General) - 2021 FC 982 - 2021-09-22
Federal Court DecisionsI will not deal with this argument in any detail because there is no support for it in the record. [...] Some of the Applicant’s arguments were about the fairness of the hearing she had before the General Division, but the fairness of that hearing is not the a question that can be argued before this Court. [...] I deal with these concerns below in my discussion of the decision’s reasonableness.
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4,157.
Nagamany v. Canada (Citizenship and Immigration) - 2019 FC 187 - 2019-02-13
Federal Court DecisionsA. No res judicata or procedural fairness issues arise from the H&C Decision [...] The passages of the H&C Decision dealing with Mr. Nagamany’s establishment, the BIOC and the risk analysis illustrate the Officer’s failure. [...] I cannot conclude that the Officer studied the best interests of Mr. Nagamany’s daughters with a great deal of attention.
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4,158.
Richard Lewin Re: The J.J. Herbert Family Trust #1 v. The Queen - 2011 TCC 476 - 2011-10-25
Tax Court of Canada JudgmentsSeveral provisions of Part XIII deal with the imposition of non-resident withholding tax in respect of income from a trust. [...] [51] However, because Part I deals with beneficiaries that are resident in Canada while Part XIII deals with non-resident beneficiaries, the Minister must be assured of being able to collect from the latter category of beneficiaries. [...] Elle est le lien de droit, existant entre deux ou plusieurs personnes, par lequel une personne, appelée débiteur, est tenue envers une autre, appelée créancier, d’exécuter une prestation consistant à faire ou à ne pas faire quelque chose, sous peine d’une contrainte juridique.
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4,159.
Corvalan v. The Queen - 2006 TCC 200 - 2006-03-30
Tax Court of Canada JudgmentsStock option benefit ($3.75 fair value per share less $1.85 per share option price) [...] Stock option benefit ($10.30 fair value per share less $4.55 per share option price) [...] There is a myriad number of cases dealing with the jurisprudence on the question of capital or income.
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4,160.
Kusugak v. Northern Transportation Co. - 2004 FC 1696 - 2004-12-03
Federal Court Decisions(d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or [...] In dealing with such cases, the court applied the necessary common law principles of tort and contract in order to resolve the issues. [...] I think it fair to say that the issue in the jurisprudence has been the public nature of the authority rather than whether the person or body has been an authority.
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4,161.
Ramachanthran v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 673 - 2003-05-28
Federal Court DecisionsIn failing to do this, the Applicant submits that the panel failed to observe procedural fairness and the principles of fundamental justice. [...] [39] Directing counsel to deal with the issue during oral submissions, without having identified it as an issue, does not meet the standard set by the Court for identifying, dealing with, and making a determination on the issue of an IFA. [...] Presiding Member: Deal with the IFA in Colombo, would you please? Counsel: No, Madam Chair.
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4,162.
Li v. Canada (Citizenship and Immigration) - 2018 FC 478 - 2018-05-04
Federal Court DecisionsThis, according to the Applicant, was not a secondary effect of a removal order, and the case law dealing with secondary effects has concerned judicial review of referral decisions rather than review of underlying sentences. [...] That being said, however, fairness and natural justice is with respect to the proceeding that is before me. [...] B. Did the ID’s decision violate procedural fairness? [10] The Applicant recognizes that adjournments are discretionary measures and that the ID controls its own procedures within the limits of fairness and natural justice.
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4,163.
Williams v. Bank of Nova Scotia - 2023 FC 1126 - 2023-08-23
Federal Court DecisionsThe Commission rejected this recommendation on June 12, 2019, and decided to deal with the complaint. [...] [30] Moreover, it argues the Decision to decline to exercise its discretion to extend the limitation period is fair in light of other factors, notably the significance of the delay without any adequate explanation for it. [...] I agree that he needs to deal with the merits of his complaint (currently in abeyance) at the Commission.
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4,164.
Keay v. The Queen - 2008 TCC 481 - 2008-08-28
Tax Court of Canada JudgmentsWhen you have -- if you want enforcement of the marriage contract for which the terms for spousal support are fairly clear, then going and asking for something that you’ve already got is not enforcing an existing right; it’s petitioning for more. [...] (b) a one page letter dated July 2, 2003 dealing with the Appellant’s interest in the rental property; [...] (e) a two page letter dated June 24, 2004 dealing with a call that the Appellant’s former spouse had made to the Appellant, requesting information concerning the tenants, raising the issue of whether the Appellant’s former spouse had taken possession of the property, dealing with an appraisal of the property and dealing
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4,165.
Russell v. Canada (Attorney General) - 2023 FC 713 - 2023-05-23
Federal Court Decisions[4] Dealing with the aftermath of the theft took a while and when the Applicant was preparing to work again in March 2020, the pandemic had begun and she had to cancel all scheduled photoshoots. [...] The Applicant seeks a lump sum of $2,500 for the time and effort expended in dealing with CRA and her legal costs. [...] [28] This was not a complex matter and did not require a great deal of effort on the part of counsel.
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4,166.
Riddle v. Canada - 2018 FC 900 - 2018-09-10
Federal Court DecisionsIn a case involving multiple claimants dispersed across the country and dealing with complex provisions, it is the Court’s view that a single operative order is preferable to an original order with various amendments attached. [...] On that basis, he found counsel fees to be fair and reasonable. Therefore, he directly decided the issue of fees in the manner he thought appropriate. [...] [35] In any event, Justice Shore’s Order is final and therefore this Court has no jurisdiction to deal with the matter of Federal class counsel fees.
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4,167.
McKay v. The Queen - 2015 TCC 33 - 2015-02-10
Tax Court of Canada Judgmentsl) at the Transfer Date of the Cadillac Escalade, the appellant and Mr. Wetelainen, were not dealing at arm's length; and [...] Further, dealing with the receiver could potentially prove to be difficult in seeking to obtain evidence relating to BLIG. I agree that in these circumstances there would be prejudice to the appellant. [...] [2] In his submissions, appellant counsel alluded to it already having been difficult in dealing with the receiver.
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4,168.
North Delta Real Hot Yoga Ltd. v. M.N.R. - 2012 TCC 369 - 2012-10-19
Tax Court of Canada JudgmentsHowever, some principles have emerged from the cases which have been expertly summarized by Hershfield J. in a case dealing with in-home nursing care: Direct Care In-Home Health Services Inc. v The Queen, 2005 TCC 173. [...] [21] As for the other Wiebe Door factors, they are fairly neutral. As for tools and equipment, Mr. Pangalia used the computer and other equipment owned by the appellant. [...] [25] The actual dealings between the parties, however, were not consistent with an independent contractor relationship.
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4,169.
Bowden v. The Queen - 2010 TCC 424 - 2010-07-15
Tax Court of Canada Judgments[11] This being an informal appeal, and the appellant not being taken by surprise, I have no hesitation in dealing with this matter on the issues as they developed during the course of the hearing. [...] There is no need for me to go into the policy considerations that underlie that provision, but it is generally fairly well understood that value-added taxes potentially give rise to very significant areas of abuse. [...] The appellant's explanation of the absence of revenues in the period that we are concerned with here was that his time was so fully occupied dealing with Revenue Canada auditors that he had little or no time left to devote to his business activities.
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4,170.
Vasanthakumar v. Canada (Minister of Citizenship and Immigration) - 2006 FC 959 - 2006-08-09
Federal Court DecisionsBoth cases deal with reverse order questioning. The applicant contends that Thamotharem determined that there was an improper fettering of discretion when the Board engaged in reverse order questioning. [...] ...the principle that the Court will deal only with the grounds of review invoked by the applicant in the originating notice of motion and in the supporting affidavit must, I am satisfied, govern. [...] The applicant submits that the Court should deal with Guideline 7 on the basis of his further memorandum of argument.
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4,171.
Ates v. Canada (Minister of Citizenship and Immigration) - 2004 FC 1316 - 2004-09-27
Federal Court DecisionsHis sense of justice and fair play arising from his membership in Hizmet became more advanced as a result of attending university lectures concerning human rights, racism and discrimination. [...] It is true that artful pleaders can find any number of errors when dealing with decisions of administrative tribunals. [...] Mr. Ates' name was mentioned in the Turkish translation of an article dealing with conditions in Turkish prisons.
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4,172.
Grand Tank (International) Inc. v. Destiny Oilfield Rentals - 2004 FC 1082 - 2004-08-05
Federal Court DecisionsInstead, all concerned must deal with that issue on a motion. The portion of the motion dealing with production of the licencing agreement is dismissed. [...] That is a fairly severe remedy to apply in all instances and all the more so where there may be a proper need for particulars for pleading. [...] [14] The Defendants have been unsuccessful to the extent of a dismissal of that portion of their motion dealing with the production of the licence, which an informal enquiry, before the motion was served and filed, would have indicated was an oral licence.
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4,173.
Cur v. Canada (Minister of Veterans Affairs) - 2003 FCT 801 - 2003-06-27
Federal Court DecisionsWhile unfortunate, the applicant was considered as being the person solely responsible for all the delay that occurred dealing with his claim for pension entitlement for degenerative disc disease lumbar spine. [...] The Department did not cause any undue administrative delay to the applicant in dealing with his claim. [...] He also submits that the VRAB made a mistake when it considered him as being the person solely responsible for all the delay that occurred dealing with his claim.
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4,174.
Laurie v. The Queen - 2003 TCC 105 - 2003-04-03
Tax Court of Canada JudgmentsThe Appellant made two basic submissions, firstly, that common sense, fairness and economics dictate that his massage therapy costs should be deductible and second, his rights under the Charter of Rights and Freedoms are violated. [...] 20 I will deal first with the cost of the massage therapy as claimed pursuant to paragraph 118.2(2)(a). [...] [9] I will now deal with the Appellant's Charter argument. Subsections 57(1) and (2) of the Federal Court Act provide as follows:
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4,175.
Benham v. The Queen - 2002-06-18
Tax Court of Canada Judgments(e) on or about March 3, 1998, the fair market value of the Employer's common shares was $16.25 per share, or $54,161.25; [...] There is no doubt that in the particular circumstances of this case, the employer's officer responsible for dealing with the exercise of an option failed to properly carry out his responsibilities which resulted in a further delay of the settlement.[5] The Respondent also concedes that this delay came about through no fault [...] qualifying person has agreed to sell or issue securities of the particular qualifying person (or of a qualifying person with which it does not deal at arm's length) to an employee of the particular qualifying person (or of a qualifying person with which the particular qualifying person does not deal at arm's length),