11,315 result(s)
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4,526.
Anbouhi v. Canada (Citizenship and Immigration) - 2008 FC 284 - 2008-03-03
Federal Court Decisions[31] Based on the above, the respondent submits that the applicant had a full and fair opportunity to explain the misrepresentation. [...] [34] The applicant suggests the standard of review of correctness as this is a matter of procedural fairness. [...] [36] When dealing with an allegation of denial of natural justice or procedural fairness, a court is not obliged to engage in an assessment of the appropriate standard of review.
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4,527.
Ali v. Canada (Citizenship and Immigration) - 2007 FC 283 - 2007-03-16
Federal Court DecisionsIssues of procedural fairness [17] The applicants raise two issues of procedural fairness: inadequacy of reasons and apprehension of bias. [...] This failure to provide adequate reasons is a breach of fairness and on this ground alone, the applicants argue, the decision should be overturned. [...] [25] However, I am satisfied that the Affidavit provided by the visa officer establishes that the reliance on the opinions and reports produced by the UNHCR is done in the normal course of business when dealing with asylum seekers in Egypt, which the applicant Fartun and her half-siblings were.
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4,528.
Diallo v. Canada (Minister of Citizenship and Immigration) - 2004 FC 1450 - 2004-10-20
Federal Court DecisionsAccording to Ms. Diallo, this breached the common law duty of fairness, and, as well, violated Ms. Diallo's rights under the Official Languages Act, R.S.C. 1985, c. 31 (4th Supp.). [...] In her initial dealings with Citizenship and Immigration Canada, Ms. Diallo indicated that French was her preferred language of communication. [...] Was There a Breach of Procedural Fairness? [14] Ms. Diallo submits that given the way in which this matter unfolded, the failure of the Board to provide English translations of the disputed documents amounted to a breach of procedural fairness.
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4,529.
1018025 Alberta Ltd. v. Canada (Minister of Health) - 2004 FC 1107 - 2004-08-11
Federal Court DecisionsInasmuch as there is no statutory provision dealing with the Program, there is no specific appeal provision. [...] What is argued is that fairness itself required that the application be assessed on its own merits. [...] (xxxii) Thus, regardless of how one applies or evaluates the five Baker factors and of the exact content of the duty of fairness, I find that the concept of fairness as such could not force the decision maker to review the Applicant's application on its merits.
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4,530.
Doubinin v. The Queen - 2004 TCC 438 - 2004-06-22
Tax Court of Canada JudgmentsThe Act deems the value of the donation to be the fair market value, not the valuation paid by a taxpayer. [...] In the former case the gift was purchased at 25 ¢ because of the expectation of donating at its higher fair market value. [...] He was clearly at arm's length in dealing with ABLE. He is not implicated in any fraudulent scheme, although Henry Thill and ABLE may be part of a fraudulent tax shelter.
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4,531.
Pontbriand v. Canada (Attorney General) - 2002 FCT 744 - 2002-07-05
Federal Court Decisions. . . (j) without prior authorization, is in possession of, or deals in, an item that is not authorized by a Commissioner's Directive or by a written order of the institutional head; [...] 1. To ensure that personal property allowances are fair and consistent. [...] 3. There is an overall duty to act fairly by ensuring that the inquiry is carried out in a fair manner and with due regard to natural justice.
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4,532.
Hassan v. Canada (Minister of Citizenship and Immigration) - 1999-12-17
Federal Court DecisionsMr. Hassan asked if there were other documents which he could produce which would deal with the Visa Officer's concerns. [...] [14] Counsel for Mr. Hassan says that the duty of fairness is wider than the position taken in Chou. [...] I take this to be a very important expression of fundamental fairness to the applicant.
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4,533.
Governor and Co. of The Bank of Scotland v. Nel (Ship) - 1997-12-09
Federal Court Decisions[18] Counsel for Alpha Bunkering questions whether the sale is at a fair market value. [...] The "Nel" has been valued by two internationally recognized ship brokers, who have independently arrived at prices within a fairly narrow range. [...] I am satisfied that the price of $5,000,000.00 (U.S.) is a fair market value for the "Nel".
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4,534.
Maguire v. Canada - 2022 FC 97 - 2022-02-04
Federal Court DecisionsNotwithstanding, this one set of reasons deals with both motions. II. The Claim [...] Given the disposition of this motion it is not necessary to deal with this latter point. [...] There is a plethora of jurisprudence dealing with the application of Rule 221(1).
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4,535.
Bernier v. M.N.R. - 2011 TCC 156 - 2011-03-10
Tax Court of Canada Judgments(i) employment if the employer and employee are not dealing with each other at arm’s length. [...] Arm's length dealing (3) For the purposes of paragraph (2)(i), (a) the question of whether persons are not dealing with each other at arm’s length shall be determined in accordance with the Income Tax Act; and [...] En renversant la perspective, le salarié sera celui qui accepte de s’intégrer dans le cadre de fonctionnement d’une entreprise pour la faire bénéficier de son travail.
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4,536.
Gover v. Canada - 2007 FC 1159 - 2007-11-07
Federal Court DecisionsThe Commission further decided, pursuant to paragraph 41(1)(a) of the Canadian Human Rights Act, not to deal with the complaint at this time because: [...] Moreover, according to the applicant, it is arguable that the Commission breached its duty to act fairly, insofar as the Commission’s initial investigation of her complaint obviously lacked thoroughness[8]. [...] Because a decision not to deal with the complaint will summarily end a matter before the complaint is investigated, the Commission should only decide not to deal with a complaint at this stage in plain and obvious cases...”.
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4,537.
Donaldson v. Swoop Inc. - 2020 FC 1089 - 2020-11-26
Federal Court DecisionsThe common questions are at the heart of this litigation and are common across all Class Members, and the only means of resolving the claims fairly and efficiently. [...] First, the Plaintiff has sought to plead and pursue claims against Defendants with whom she did not deal and against whom she has no cause of action. [...] ...the Montreal Convention of course does not deal with all aspects of international carriage by air: it is not comprehensive.
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4,538.
Stone v. The Queen - 2019 TCC 253 - 2019-11-07
Tax Court of Canada Judgments[6] There is a particular procedural twist but I will deal with the underlying substance first. [...] Any relevant factor may be considered and there is a fair amount of overlap in what is relevant to either standard. [...] [55] However, I must deal with the procedural twist I alluded to earlier.
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4,539.
Smith v. Canada - 2019 FCA 173 - 2019-06-10
Federal Court of Appeal Decisionsbased as a flight attendant out of the airport, (3) Jazz Aviation provided Mr. Smith with a pass for parking at the airport, (4) Mr. Smith parked at the airport while working, (5) Mr. Smith did not reimburse Jazz Aviation for the cost of the parking pass, and (6) the annual fair market value of the parking pass was $504. [...] So we dismissed it fairly quickly actually as something that we decided that we were going to continue to pay [...]. [...] (a) the value of board, lodging and other benefits of any kind whatever received or enjoyed by the taxpayer, or by a person who does not deal at arm’s length with the taxpayer, in the year in respect of, in the course of, or by virtue of the taxpayer’s office or employment, except any benefit [...]
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4,540.
Canada (Public Safety and Emergency Preparedness) v. Mohammed - 2019 FC 451 - 2019-04-11
Federal Court DecisionsIt is also fair to say that Mr. Mohammed has not been cooperative with CBSA efforts to facilitate his removal, expressing intense fear about the fate that will befall him if he is removed to Somalia and often refusing to deal with CBSA officers in any sort of a constructive way. [...] Counsel for Mr. Mohammed opposed the granting of leave but it is fair to say he did not do so strenuously, nor did he press the need to file additional materials. [...] In all the circumstances, I am of the view that it is in the interests of justice for me to deal with this question now.
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4,541.
Magsanoc v. Canada (Citizenship and Immigration) - 2018 FC 821 - 2018-08-09
Federal Court DecisionsThe officer noted the submissions of counsel that the “new president has employed brutal and inhumane practices to deal with the drug and crime problem” and that police “have carte blanche to perform extrajudicial killings with impunity,” especially of drug dealers and addicts. [...] None of the circumstances that engage this higher degree of scrutiny (e.g. an alleged breach of principles of procedural fairness) are present here. [...] If these circumstances were additional consequences of the addiction, this could affect whether they fairly reflect a lack of establishment in Canada and, as a result, the degree to which they weigh against granting an exemption on equitable grounds.
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4,542.
Coombs v. Canada (Attorney General) - 2014 FC 233 - 2014-03-10
Federal Court DecisionsWould he think that it is mor [sic] likely than not that [the decision-maker], whether consciously or unconsciously, would not decide fairly. [...] [24] There is no evidence on the record to suggest that an informed person would have a reasonable apprehension of bias; i.e., that the Prothonotary did not decide or act fairly. [...] [33] The affidavit of Ms Vujnovic simply provided the Court with the reported cases dealing with the applicants’ previous applications before this Court.
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4,543.
Nguyen v. The Queen - 2010 TCC 503 - 2010-11-12
Tax Court of Canada JudgmentsUnder subsection 160(1) of the Act, the Minister also assessed the appellant Isabelle Vohoang in the amount of $120,000, on the ground that the estate transferred that money to her without consideration when she and the late Hien Vohoang were not dealing at arm’s length and the estate had a tax debt at that time. [...] (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
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4,544.
Latifi v. Canada (Minister of Citizenship and Immigration) - 2006 FC 1388 - 2006-11-16
Federal Court DecisionsThis involves principles of procedural fairness and so attracts a standard of correctness: see Fetherston v. Canada (Attorney General), (2005), 332 N.R. 113, 2005 FCA 111. [...] Consequently, the Applicant argues that failing to hold a credibility hearing, or to inform the Applicant that no such hearing would be held, constitutes a breach of procedural fairness. [...] This conclusion effectively deals with the application but I will briefly address the other grounds raised by the Applicant.
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4,545.
Loayza v. Canada (Minister of Citizenship and Immigration) - 2006 FC 304 - 2006-03-09
Federal Court DecisionsThe Board noted that Peru has been dealing with serious terrorist activity since the 1980s, an example of which is the "Shining Path" group. [...] [31] The Respondent emphasizes that an important factor in the Board's Decision was the Applicant's involvement with and knowledge of Dincote, a specialized unit of the PNP dealing with terrorism. [...] [45] The Applicant says that the entire reasoning of the Board "revolves around the connection that the appellant [Applicant] had with the specialized unit dealing with terrorism, the Dincote (Direccion National Contra el Terrorismo)."
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4,546.
Remo Imports Ltd. v. Jaguar Canada Ltd. - 2005 FC 870 - 2005-06-17
Federal Court DecisionsSection 201 of the Rules pertains to amendments made under section 76 of the Rules, which deals with amendments to correct the name of a party or to alter the capacity in which a party is bringing a proceeding. [...] Ultimately it boils down to a consideration of simple fairness, common sense and the interest that the courts have that justice be done. [...] [23] Still in the Canderel[10] decision, dealing with the issue of the interests of justice, Justice Decary held as follows:
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4,547.
Mikhail v. The Queen - 2002-03-21
Tax Court of Canada Judgments[3] The basis for the reassessments is somewhat confusing and difficult to deal with. [...] I believe, in the circumstances, it is fair to say that the possibility of future income still existed although the Appellant admitted that his purpose for holding the property in the subject years was to sell it. [...] [44] There is one remaining issue to deal with which is the application of paragraph 18(1)(h) of the Act.
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4,548.
Graphic Packaging Canada Corporation v. The Queen - 2001-04-20
Tax Court of Canada Judgments38. At all material times Jim Grenon and Bernie Katchen have done business deals together through the years. [...] 39. Jim Grenon and Jeff Bergeson have done business deals over the years. [...] 41. Jim Grenon was involved in actively marketing transactions involving the sale of shares of Canadian Natural Resources that had a high adjusted cost base and low fair market value in order to realize their tax loss potential.
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4,549.
Shubenacadie Indian Band v. Canada (Human Rights Commission) - 2000-05-24
Federal Court of Appeal Decisions[34] As it relates to the authority of Parliament to deal with Indians, and the authority of provincial legislatures to deal with social assistance, the Constitution Act, 186711 reads: [...] 92. Dans chaque province la législature pourra exclusivement faire des lois relatives aux matières tombant dans les catégories de sujets ci-dessous énumérés, savoir: [...] [40] I will deal and dispose of the fourth and fifth issues before dealing with the first.
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4,550.
Saint-Rémy v. Canada (Attorney General) - 2024 FC 1380 - 2024-09-04
Federal Court Decisionsb) If the Federal Court is not able to deal with the administrative law claim by virtue of the Federal Courts Act or some other legal principle; or [...] f) the Applicant’s inability to fairly appreciate the case against him from the content of the news release of from the Haiti Regulation itself; [...] h) being denied procedural fairness by the process that led to the decision include him in the Schedule to the Haiti Regulations; and,