11,309 result(s)
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426.
Taseko Mines Limited v. Canada (Environment) - 2017 FC 1099 - 2017-12-05
Federal Court Decisions[12] Taseko submitted an EIS on September 27, 2012, purporting to deal with the deficiencies in the initial Prosperity project proposal. [...] [19] In a letter dated May 24, 2013, Taseko sought to postpone dealing with the deficiencies. [...] In dealing with any of the statutory criteria, the range of factual possibilities is practically unlimited.
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427.
Ibrahim v. Shaw Cablesystems G.P. - 2010 FC 1220 - 2010-12-02
Federal Court Decisions[5] The Commission first decided not to deal with alleged discriminatory acts which occurred prior to February 2005. [...] [24] In my opinion the investigation was complete, neutral and fair. [...] There had been harassment, but Shaw acted very promptly and reasonably in dealing with it.
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428.
Burlacu v. Canada (Attorney General) - 2019 FC 1215 - 2019-09-24
Federal Court Decisions13 (1) Le fonctionnaire peut faire une divulgation en communiquant au commissaire tout renseignement visé à l’article 12. [...] (i) receive, review, investigate and otherwise deal with complaints made in respect of reprisals. [...] g) examiner les résultats des enquêtes menées sur une divulgation ou commencées au titre de l’article 33 et faire rapport de ses conclusions aux divulgateurs et aux administrateurs généraux concernés;
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429.
Viewpoint International Inc. v. On Par Enterprises Inc. - 2001 FCT 629 - 2001-06-08
Federal Court DecisionsThat kind of confusion, as we have said in other suits, leads to loss of "name" goodwill the loss of which in the normal course is a kind of damage which, when suffered by a commercial firm in the ordinary course, is fairly readily calculable and therefore can be fairly compensated for in damages. [...] The respondent filed many affidavits to the effect that it had acquired a reputation for honesty, integrity and fairness. [...] [47] I now turn to Dr. Deal's evidence. In order to formulate his opinion, Dr. Deal assumed certain facts were true and they were:
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430.
Spruce Hollow Heavy Haul Ltd. v. Madil - 2015 FC 1182 - 2015-10-20
Federal Court DecisionsThis flows from the employer’s obligation to act in good faith and deal fairly with their employees when they are dismissed. [...] It is not enough for the employee to simply demonstrate that the employer breached their duty of good faith and fair dealing. [...] He found that Spruce Hollow had violated its duty of good faith and fair dealing during the course of Ms. Knezacky’s termination, and that this conduct supported an award of punitive damages.
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431.
Borisovna Abbasova v. Canada (Citizenship and Immigration) - 2011 FC 43 - 2011-01-14
Federal Court DecisionsAs Justice Léonard Mandamin observed in a decision dealing with procedural fairness, psychological evidence should be relevant in the case of women refugees: [...] [17] Section 113 of the IRPA deals with pre-removal risk assessment: [...] As Justice Léonard Mandamin observed in a decision dealing with procedural fairness, psychological evidence should be relevant in the case of women refugees:
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432.
Harkat, Re - 2004 FC 1717 - 2004-12-10
Federal Court DecisionsThere has not been a breach of the duty to make full and fair and candid disclosure. [...] (c) the judge shall deal with all matters as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit; [...] While a positive duty is imposed upon the judge by s. 78(c) to deal with all matters as informally and expeditiously as considerations of natural justice and fairness permit, it is submitted that to introduce an amicus curiae into section 78 proceedings would be neither expeditious nor fair.
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433.
Canada (Attorney General) v. Canada (Public Sector Integrity Commissioner) - 2016 FC 886 - 2016-07-29
Federal Court Decisions[37] On October 27, 2014, the RCMP wrote to the Commissioner requesting the investigation be re-opened, renewing the jurisdictional challenge, and raising a question of procedural fairness. [...] The RCMP says this means once another body is dealing with the subject matter the Commissioner may not deal with it. [...] (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;
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434.
Gehres JR. v. The Queen - 2003 TCC 471 - 2003-07-07
Tax Court of Canada Judgments(a) does not deal with the individual at arm's length, or (b) is the niece or nephew of the individual, [...] [6] There was a good deal of discussion at the trial about the relative values of the term deposits and the non-cumulative preference shares of Lionsight that were exchanged for them. [...] (a) at the time of the transfer the fair market value of the transferred property did not exceed the fair market value of the property received by the transferor as consideration for the transferred property;
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435.
Kowallsky v. Public Service Alliance of Canada - 2008 FCA 183 - 2008-05-13
Federal Court of Appeal Decisions[3] Ms Kowallsky took her various complaints about the employer to PSAC, which did not deal with them to her satisfaction. [...] We see no basis in the record to support Ms Kowallsky’s claim of bad faith or discrimination on the part of PSAC or its officials in dealing with her complaints against the CIC. [...] [8] Ms Kowallsky also alleges that the Board’s decision was made in breach of the duty of fairness.
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436.
Johnston v. Canada (Attorney General) - 2010 FC 348 - 2010-03-30
Federal Court Decisions[23] I wish to first deal with Issue 3. [24] Issue 3 Did the Board fail to provide adequate reasons for its decision? [...] [38] This has resulted in a denial of procedural fairness to the applicant. [...] [39] Because of my finding on Issue 3, I will not deal with Issue 2.
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437.
Phuti v. Canada (Minister of Citizenship and Immigration) - 2000-07-12
Federal Court Decisions[2] File IMM-3917-99 deals with the visa officer's decision to refuse the application. [...] However, I subsequently realized that I had been mistaken with respect to program manager concurrence to deal with this case. [...] [32] Having found breach of procedural fairness which is sufficient to grant this judicial review application and set aside the visa officer's refusal, the Court would normally not see the necessity of dealing with the other grounds advanced by the applicant.
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438.
Maarsman v. Canada (Customs and Revenue Agency) - 2003 FC 1234 - 2003-10-22
Federal Court DecisionsBut Parliament has chosen to enact the fairness provisions, and the Minister has a duty to ensure that they are applied fairly to the taxpayer. [...] The purpose of this legislative provision is to allow Revenue Canada, Taxation, to administer the tax system more fairly, by allowing for the application of common sense in dealing with taxpayers who, because of personal misfortune or circumstances beyond their control, are unable to meet deadlines or comply with rules [...] [69] In addition, there have been considerable delays dealing with the second fairness request.
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439.
Squires v. M.N.R. - 1999-02-03
Tax Court of Canada Judgments(s) the Appellant and the Payor are factually not dealing at arm's length. [...] On behalf of the appellant stress was also laid on the admitted fact that the consideration flowing from Orchan represented fair market value. [...] The dealings of the parties are not consistent with the object and spirit of the provisions of the law and they do not demonstrate a fair participation in the ordinary operation of the economic forces of the market place[1].
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440.
Sheriff v. Canada (Attorney General) - 2005 FC 305 - 2005-02-25
Federal Court DecisionsFinally, these reasons deal with the merits of the issues raised in this application. [...] I return to the issues raised in this application after dealing with issues arising after the penalty decision in June 2003. [...] The appropriate standard of fairness [40] The trustees raise two preliminary objections to the process which in my view concern the fairness of the proceedings.
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441.
Goldman v. The Queen - 2021 TCC 13 - 2021-02-25
Tax Court of Canada Judgments• (d) the transfer must have been made for less than fair market value consideration. [...] (iv) For less than fair market value consideration [67] If I am wrong and subsection 160(1) applies to the transfer of legal title to a trustee, then I find that the fair market value of the legal title in the RRSP Proceeds was nil. [...] [68] As noted above, the Federal Court of Appeal’s comments in obiter in Livingston appear to suggest that the fair market value of legal title to an asset is equal to the fair market value of the asset.
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442.
Colubriale c. La Reine - 2004 TCC 578 - 2004-09-24
Tax Court of Canada Judgments[9] Establishing the property's fair market value is thus crucial to resolving this issue. [...] Moreover, in Morneau, Dussault J. concluded in the existence of a special purchaser and spoke of how to deal with the issue of persons not at arm's length: [...] [...] 47 While the determination of fair market value presupposes a transaction between people who are dealing with each other at arm's length, I agree with the view that this question must be answered by looking at the particular circumstances of a given case, and not by reference to the presumption stated in s. 251(1)(a)
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443.
ConocoPhillips Canada Resources Corp. v. Canada (National Revenue) - 2016 FC 98 - 2016-01-27
Federal Court DecisionsConocoPhillips also raises a question of procedural fairness or procedural unacceptability, asserting that the Minister’s refusal to grant the requested waiver breaches natural justice and procedural fairness. [...] [32] In view of the Supreme Court’s decision in Canada v Addison & Leyen Ltd., 2007 SCC 33, [2007] 2 SCR 793, ConocoPhillips states that since the Minister owes a duty of fairness to taxpayers, this Court has jurisdiction to review Ministerial decisions that cannot be appealed to the Tax Court or that deal with abuse of [...] Following Canada (Attorney General) v Mavi, 2011 SCC 30, [2011] 2 SCR 504, ConocoPhillips further states that fairness is of fundamental importance, particularly for there to be fair and just exercises of a discretionary power.
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444.
Woodland v. The Queen - 2009 TCC 434 - 2009-09-09
Tax Court of Canada Judgments[19] The parties were not dealing at arm’s length because they were married at the time of the share transfer. [...] (c) a person with whom the person was not dealing at arm's length, the following rules apply: [...] A person with whom the transferor was not dealing at arm's length. 4) The fair market value of the property transferred must exceed the fair market value of the consideration given by the transferee.
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445.
Leckie Morel v. The Queen - 2007 TCC 109 - 2007-02-22
Tax Court of Canada JudgmentsMost importantly, however, considerations of fairness dictate that the appellants should not be bound in this litigation by the convictions of Bellfield and Minchella. [...] ... (e) deprive a person of the right to a fair hearing in accordance with the principles of fundamental justice for the determination of his rights and obligations; [...] A fair hearing includes the right to give evidence on their own behalf.[9] That right, in my view, outweighs in these cases the considerations of cost and finality.
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446.
Storry v. Canada (Warden, William Head Institution) - 1997-12-16
Federal Court DecisionsThe informant also stated that the applicant's brothers, who were fishermen, would assist in the escape, and that the applicant was accumulating money to finance the escape by dealing drugs and smuggling jewellery. [...] Second, if the requirements for procedural fairness have been met, was the decision nevertheless patently unreasonable? [...] While virtually all of the decisions provided to the Court deal only with transfers between different security levels or institutions, I see no basis for interpreting the Regulations to require a lesser form of procedural fairness.
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447.
Canada (Human Rights Commission) v. Northwest Territories - 2000-10-11
Federal Court Decisions[4] Before dealing with the motions in turn, I set out some of the background common to both. [...] . . . In our view it would be a mistake, in a process characterized by fairness, to place too much emphasis on the species of protection that the Government is claiming. [...] dealing with specifics of current or upcoming bargaining or as admissions against interest at stake before the Tribunal, cannot outweigh in the balance the importance of open and fair proceedings in dealing with PSAC's complaint before the Tribunal, that is, in the administration of justice through the Tribunal's process.
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448.
594710 British Columbia Ltd. v. The Queen - 2016 TCC 288 - 2016-12-15
Tax Court of Canada Judgments↓ Onni Deal 671711 BC Ltd ↓ 671709 BC Ltd ↓ 671706 BC Ltd ↓ Limited partnership [...] An example of a provision dealing with income allocation to a former member is subsection 96(1.01). [...] Submissions dealing with this point were limited in their scope except in respect of the purpose of section 160.
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449.
SRI Homes Inc. v. Canada - 2012 FCA 208 - 2012-07-18
Federal Court of Appeal DecisionsI am unable to discern from the record why the Judge was not obliged to deal with the case as framed by the appellant and supported by the evidence adduced by the appellant. [...] The Judge adopted the Crown’s submission on the first ground but did not deal with the evidence and submissions advanced with respect to the second ground. [...] I am unable to discern from the record any reason why the Judge did not deal with the second argument.
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450.
Farooqui v. Canada (Minister of Citizenship and Immigration) - 2004 FC 1162 - 2004-08-23
Federal Court DecisionsThe respondent also refers to s. 162(2) of Immigration and Refugee Protection Act, S.C. 2001, c. 27, ("IRPA"), that gives the Board the power to deal with procedural issues before it informally and expeditiously, in line with considerations of fairness and natural justice. [...] Therefore, I reproduce Rule 48 in its entirety below, dealing with an application to change the date of a proceeding, and only include Rule 47 in part: [...] [17] Moreover, the language used by the Board at the outset of the hearing in dealing with the issue of the request for a postponement is problematic.