11,315 result(s)
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4,551.
Aarab v. Canada (Citizenship and Immigration) - 2020 FC 776 - 2020-07-21
Federal Court Decisions[42] The time limits for commencing or perfecting an appeal may be extended by the RAD “for reasons of fairness and natural justice” (Regulations, subsection 159.91(2)). [...] The records in most of these appeals had already been perfected, and the reference to “timelines” for filing further submissions expressly refers to Rules 29 and 37 – which deal with applications to file further documents, including new evidence. [...] This violated the duty of fairness owed to the Applicant, pursuant to Baker v Canada (Minister of Citizenship and Immigration), [1999] 2 SCR 817 [Baker].
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4,552.
Bonik Inc. v. The Queen - 2006 TCC 357 - 2006-06-22
Tax Court of Canada JudgmentsAs such, I will deal with each appeal separately. [2] Some general comments may be helpful. [...] As mentioned above, I will deal with these three appeals separately. bonik inc. v. the queen (2000-3494(gst)g) [...] (i) the fair market value of Building C at December 31, 1993 was $2,749,000;
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4,553.
Remai v. The Queen - 2008 TCC 344 - 2008-08-19
Tax Court of Canada Judgments(a) related persons shall be deemed not to deal with each other at arm’s length; [...] If this were the tax benefit upon which the respondent relies, every gift at a designated amount less than fair market value to a charity under subsection 110.1(3) would be an avoidance transaction. [...] It should be noted also that subsections 118.1(16) and 118.1(17) deal with loan back transactions.
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4,554.
Whalen v. Fort McMurray No. 468 First Nation - 2019 FC 732 - 2019-05-24
Federal Court DecisionsFMFN also asserts that it has the power to suspend a councillor, that the decision made on January 10, 2019 complied with the requirements of procedural fairness and that it was reasonable on the merits. [...] Most legal systems that respect individual freedoms and dignity must find peaceful ways to deal with opposition in their midst. [...] [51] The Supreme Court of Canada made similar remarks, although not dealing specifically with the situation of Indigenous peoples, in Re Secession, at paragraph 68:
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4,555.
Arial v. Canada - 2017 FC 270 - 2017-03-10
Federal Court Decisions• Respect for the finality of a judicial or administrative decision increases fairness and the integrity of the courts, administrative tribunals and the administration of justice; on the other hand, relitigation of issues that have been previously decided in an appropriate forum may undermine confidence in this fairness and [...] Apart from being rather general, they deal with weight loss, nervousness, fatigue and seasickness. [...] Her dealings with the defendant were always part of her mandate as representative.
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4,556.
Epicept Corporation v. Canada (Health) - 2010 FC 956 - 2010-09-24
Federal Court DecisionsL’exclusion de variations d’un ingrédient médicinal préalablement approuvé de la portée de la protection a été adoptée afin d’éviter l’octroi d’une période de protection supplémentaire de huit années quand un innovateur tente de faire approuver une modification mineure à un médicament. [...] [69] Based on this statement on the doctrine of coherence, the issue is that the interpretation of the regulation be coherent with “statutes dealing with the same subject matter”. [...] statues dealing with the same subject matter, namely the definition of “new drug” and subsection 30(3) of the Act. While interpreting Drug 1 and Drug 2 in a different manner within the same regulation is not desirable, the result is more coherent and consistent with the other statutes and regulations dealing with the
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4,557.
Canadian Pacific Railway Company v. Boutique Jacob Inc. - 2008 FCA 85 - 2008-03-06
Federal Court of Appeal DecisionsThe Judge found that Pantainer, through Panalpina China and Panalpina Canada, had a history of prior dealings with OOCL and, more particularly, in respect of cargo originating in the Far East. [...] [30] ... Pantainer must be taken to have knowledge of its [OOCL’s] standard terms due to previous dealings, the course of dealing and the fact that nothing in the terms that OOCL relies on is unduly burdensome or unconscionable in the commercial context. [...] 6. [...] «expéditeur » Personne qui expédie des marchandises par transporteur, ou en reçoit de celui-ci, ou qui a l’intention de le faire.
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4,558.
Apotex Inc. v. Syntex Pharmaceuticals International Ltd. - 1999-04-23
Federal Court DecisionsAs the regulations direct that such issues as may be adjudicated at this time must be addressed through such a process, this is a fairly clear indication that these issues must be of a limited or preliminary nature. [...] [32] Before dealing with the merits of this action, I will set out some comments on the evidence. [...] [65] In addition, there was a great deal of information available at the time concerning naproxen.
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4,559.
Omar v. Canada (Citizenship and Immigration) - 2024 FC 299 - 2024-02-23
Federal Court DecisionsDid the Officer breach procedural fairness in not providing the Applicant an opportunity to respond to the Officer’s various concerns with the identity evidence? [...] [17] Issues of procedural fairness do not necessarily lend themselves to a standard of review analysis. [...] B. No breach of fairness [36] The Applicant notes that the initial H&C decision did not take issue with the Applicant’s identity and that, in dealing with the issue on redetermination, the Officer erred by not providing the Applicant with notice and an opportunity to respond.
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4,560.
Wedderburn v. Canada (Citizenship and Immigration) - 2022 FC 299 - 2022-03-03
Federal Court Decisions[8] The applicant did not respond to the procedural fairness letter within 30 days. [...] [22] The applicant raised a number of issues related to both procedural fairness and the reasonableness of the officer’s substantive H&C decision. [...] Those interests must be well identified and defined, and examined with a great deal of attention in light of all the evidence.
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4,561.
Hassan Ali Ahmed v. Canada (Citizenship and Immigration) - 2018 FC 1164 - 2018-11-16
Federal Court DecisionsWhile questions of procedural fairness are generally reviewed on the correctness standard, in Vavilov v Canada (Citizenship and Immigration), 2017 FCA 132, Justice Stratus of the Federal Court of Appeal (FCA) stated that the appropriate standard of review for alleged breaches of procedural fairness is unsettled. [...] A. Procedural Fairness [18] The Respondent argues that the allegations that the IAD breached procedural fairness, in issue for questions 1 (mental health issues) and 2 (reliance on documents), should not be considered by this court because the Applicant has not exhausted his appeal rights before the IAD. Therefore, the [...] [19] This Court agrees with the Respondent’s argument that the Applicant is statutorily barred from seeking judicial review on the allegations of any breaches of procedural fairness.
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4,562.
Weaver v. The Queen - 2006 TCC 566 - 2006-10-31
Tax Court of Canada Judgments50% of the fair market value of the assets of the Company were attributable to assets used principally in an active business, as defined in subsections 248(1) and 125(7) of the Act. [...] 2. Were all or substantially all of the fair market value of the assets at that time attributable to assets used principally in an active business; [...] For this reason, it is not necessary to deal with Respondent's argument "b".
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4,563.
Teneycke v. Canada (Attorney General) - 2004 FC 397 - 2004-03-16
Federal Court Decisions2. Did the NPB fail to comply with subsection 141(1) of the CCRA, thereby breaching the Applicant's right to procedural fairness? [...] Issue #2: Did the NPB fail to comply with subsection 141(1) of the CCRA, thereby breaching the Applicant's right to procedural fairness? [...] Kane alleged a breach of procedural fairness, owing to the presence of the president.
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4,564.
Khalof v. Canada (Minister of Citizenship and Immigration) - 2000-04-07
Federal Court Decisions(2) The Refugee Division shall deal with all proceedings before it as informally and expeditiously as the circumstances and the considerations of fairness permit. [...] At the same time, that subsection emphasizes an overriding concern with fairness which was at the heart of the concerns expressed by counsel for the applicants. [...] Principles of natural justice and fairness would require that the CRDD hear testimony and have the opportunity to observe the demeanor of the person testifying before a finding of want of credibility and trustworthiness of testimony could be fairly made.
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4,565.
McMullen v. Piikani First Nation - 2023 FC 1531 - 2023-11-17
Federal Court DecisionsHe claims that Piikani’s continuing course of conduct has deprived him of a fair trial in violation of Article 14 of the UN International Covenant on Civil and Political Rights, and breached his rights to procedural fairness and his security protected by section 7 of the Charter. [...] The doctrine aims to protect the integrity of the adjudicative process against abuses and to achieve fairness for all parties involved: Toronto (City) v CUPE, Local 79, 2003 SCC 63 at para 37. [...] First, significant court and party resources have been spent dealing with the Applicant’s repeated attempts to enforce the indemnity agreement in this Court, despite having commenced his own proceedings to do so in the Alberta courts.
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4,566.
Kenney v. Canada (Attorney General) - 2023 FC 947 - 2023-07-13
Federal Court Decisions[4] It is also important to note that when it deals with such an application for reconsideration, the Reconsideration Panel proceeds in two stages. [...] The threshold to be met is fairly low (Thomson v Canada (Attorney General), 2022 FCA 97 at para 25 [Thomson]). [...] The threshold to be met is fairly low (Thomson at para 25; Blount v Canada (Attorney General), 2017 FC 647 at para 26).
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4,567.
Barco v. Canada (Public Safety and Emergency Preparedness) - 2018 FC 421 - 2018-04-19
Federal Court Decisions[6] The Officer accepted that, while the family had begun to establish themselves and have ties in Canada, noting that Mr. Jaramillo Barco had steady employment and that Ms. Ospina Guzman assisted in the daily care of a woman currently dealing with cancer, this was insufficient to delay execution of the removal order. [...] But, in my view, this debate is of no moment where we are dealing with decisions that are the product of “fettered discretions.” The result is the same. [...] According to the Applicants, the test for evaluating H&C factors after Kanthasamy includes the equitable concept of fairness and is not simply one of unusual and undeserved or disproportionate hardship.
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4,568.
Canada v. Scheuer - 2016 FCA 7 - 2016-01-13
Federal Court of Appeal DecisionsThis means that it is just and fair, having regard to the relationship between the parties, to impose a duty of care upon the defendant. [...] The plaintiffs received educational software from the Trust, which they could, in turn, donate to a participating charity at fair market value, or keep for personal use (paragraph 8); [...] Thus, I will deal with the two better particularized allegations: i. Breach of a duty of care when issuing a tax shelter identification number; and,
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4,569.
Harnum v. Canada (Attorney General) - 2009 FC 1184 - 2009-11-18
Federal Court DecisionsThere is no need to deal with the alternative grounds of relief sought by the Plaintiff. [...] It also ordered that the vessel and fishing licenses be sold at fair market value subject to the conditions stated in the judgment. [...] (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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4,570.
Lecaliaj v. Canada (Citizenship and Immigration) - 2009 FC 123 - 2009-02-05
Federal Court Decisions2) Did the Board err in law, breach fairness, err in fact and exceed its jurisdiction in purporting to reject the Applicant’s claim in that the reasons are inadequate or otherwise erroneous in relation to the evidence of Dr. Fisher and the presumption of state protection? [...] According to Canadian Union of Public Employees (C.U.P.E.) v. Ontario (Minister of Labour), [2003] 1 S.C.R. 539 at paragraph 100, “it is for the courts, not the Minister, to provide the legal answer to procedural fairness questions.” [...] In my view, this is important because the evidence presented by Dr. Fischer goes well beyond the issue of draft evasion and the Board’s failure to deal with that evidence is directly related to the persecutory risks put forward by the Applicant.
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4,571.
Canada (Attorney General) v. Khawaja - 2007 FCA 342 - 2007-10-31
Federal Court of Appeal Decisionsinterest in a fair trial, which includes the right to full answer and defence, and the public interest in protecting injurious information from disclosure, he was of the view that disclosure of a descriptive summary of the documents containing the information at issue would protect the right to a fair trial and result [...] [13] The judge was dealing with a substantial number of documents. He showed a very good knowledge of the working of section 38 of the Act and of the jurisprudence applicable to it. [...] [178] As was noted by the Court in Canada v. Singh, 2002 FCT 460 at para. 9 [Singh] it is not enough for the respondent to simply assert a public interest in having a fair and equitable trial.
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4,572.
Osmose-Pentox Inc. v. Société Laurentide Inc. - 2006 FC 386 - 2006-03-27
Federal Court Decisions[13] Dealing first with the motion for confidentiality, the prothonotary said that, in his opinion, this motion was tardy since the applicant should have sought this relief in its motion of August 29: but for the Registry’s failure to communicate Mr. Justice Lemieux’s order of September 9, 2005 to both parties, the [...] Noting that the calculation of profits always proved to be a lengthy and costly exercise, and that the parties had become bogged down even at the stage of examinations for discovery on this question, the prothonotary considered that it would be more appropriate to deal immediately with issues of liability and the injunction [...] The test is whether there exist facts from which the case manager could conclude that the process of bringing the case to a fair trial could be assisted by revisiting a particular question.
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4,573.
CHC Casinos Canada Ltd. v. Chippewas of Mnjikaning First Nation Band Council - 2005 FC 233 - 2005-03-09
Federal Court Decisions[34] Further, the Applicant argues that it is owed a duty of fairness by the Respondent and the Respondent has breached that duty, by deciding against issuing the permits until resolution of the tax dispute. [...] It is appropriate that he should comment on records in the control of the Respondent, including certain contracts that deal with the casino and the relationship between the Applicant and the Respondent. [...] As the governing body, it is obliged to act fairly and to make decisions without regard to irrelevant and extraneous matters; see Apotex Inc. v. Quebec (Minister of Health & Social Services) (1994), 26 Admin.
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4,574.
410812 Ontario Limited v. The Queen - 2002-04-09
Tax Court of Canada JudgmentsIt is possibly not fair to attempt to measure the standard of proof in the two types of case against each other because in a sense it is an apples versus oranges comparison. [...] I should think the point is fairly obvious. [15] Since the Crown had the onus in respect of the only point in issue the respondent opened and called Mr. William Brown, an experienced auditor, with the CCRA. He performed the audit and it was on his recommendation that the penalty was imposed. [...] I am aware that Phipson is discussing the matter in the context of a jury case where the decision is more critical because it involves the fairly serious step of taking the case away from the jury.
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4,575.
Public Service Alliance of Canada v. Canada (Treasury Board) - 2001 FCT 568 - 2001-05-31
Federal Court Decisions(i) a provision of a statute, or of a regulation, by-law, direction or other instrument made or issued by the employer, dealing with terms and conditions of employment, or [...] The only express limit on the applicant's authority to act as a certified bargaining agent is contained in section 10 of the PSSRA, which imposes upon all employee organizations a duty of fair representation. [...] [30] The applicant argues that the alternative administrative mechanism for redress must be capable of producing some real redress and that it must deal meaningfully and effectively with the substance.