11,315 result(s)
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4,626.
Via Rail Canada Inc. v. Cairns - 2003 FCA 319 - 2003-08-13
Federal Court of Appeal DecisionsNonetheless, I will proceed to deal with them. [5] As to the Board's first argument, I agree with counsel for VIA that this issue does not arise in this case. [...] While the content of the duty of fairness is variable, depending upon the circumstances of each case, such questions will normally be determined on a correctness standard. [...] While a Court may dismiss an injunction or stay application on the grounds of an adequate alternative remedy, it seems to me that one factor to consider is that once an appeal or judicial review application is filed with the Court, the Court itself may be the appropriate authority to deal with interlocutory matters such as
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4,627.
Dene Tsaa First Nation v. Canada - 2001 FCT 820 - 2001-07-25
Federal Court DecisionsSince that time, particulars have been sought and given and the parties have engaged in fairly substantial discovery, both documentary and oral. [...] the impugned paragraphs do not disclose a reasonable cause of action, the motion goes to the very heart of the action itself and it is appropriate that the Court should be able to deal with matters of that sort at any stage with perhaps only cost consequences flowing if the person making the motion does so on a late basis. [...] [5] In the present case, the defendant Crown asserts grounds which are arguably based on paragraph a) and I shall deal with those in a moment, but it also asserts a number of other grounds, in particular that certain allegations are frivolous, or vexatious, or redundant, or surplusage, or inconsistent.
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4,628.
Gaucher v. The Queen - 2000-03-30
Tax Court of Canada Judgments[5] The Respondent pleads that the difference between the fair market value of the property and the consideration paid by the Appellant was $491,000. [...] While the judgment in Haynes does not specifically deal with misrepresentation, to permit the assessment beyond the three-year limit, it is implied that Judge Margeson was satisfied that the assessment was valid. [...] To require trial judges charged with heavy caseloads of criminal cases to deal in their reasons with every aspect of every case would slow the system of justice immeasurably.
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4,629.
Rizvi v. Canada (Minister of Citizenship and Immigration) - 1998-08-28
Federal Court Decisionsthe applicant"s education by refusing to accord points for the claimed Master"s degree, that the officer erred in assessing the applicant"s experience for which he was assigned no points at all, and finally, that the officer failed in according fairness by not clearly identifying her concerns about his claimed experience. [...] The Officer's affidavit, on the other hand, takes each of the letters from employers in turn and deals with them. [...] And her concerns are identified, and I assume must have been identified at the interview, in light of the description that she gives of the Applicant's dealing with her concerns.
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4,630.
Harris v. Canada (Minister of Citizenship and Immigration) - 1997-10-31
Federal Court DecisionsThe Board did not deal with the issue of persecution in the Dominican Republic as it felt that as citizens of Montserrat the applicants could have remained and can still remain in Montserrat without fear of persecution. [...] Le seul incident que la revendicatrice nous relate est le fait qu'à quelques reprises, elle a croisé dans la rue deux personnes qu'elle présumait faire partie du groupe "Belanquista". [...] The Board did not have to deal with the issue of persecution in the Dominican Republic if, as it was, satisfied the applicant was not being persecuted in Montserrat.
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4,631.
Mineau v. Besnier - 1997-04-16
Federal Court DecisionsWhile the offence is defined in paragraph 40(i) of the Act, the procedure for dealing with the charge is set out in subsections 43(1) and (3). [...] ... (i)is in possession of, or deals in, contraband; ... 43(1)A charge of a disciplinary offence shall be dealt with in accordance with the prescribed procedure, including a hearing conducted in the prescribed manner. [...] Counsel for the respondent argued that the decision to find the applicant guilty of the offence of being in possession of contraband, in this instance bootleg alcohol, was made properly and in compliance with the rules of natural justice and procedural fairness.
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4,632.
Novo Nordisk Canada Inc. v. Cobalt Pharmaceuticals Inc. - 2010 FC 746 - 2010-08-03
Federal Court Decisionsv) Fairness Concerns..................................................................................... 365 [...] Dealing with semi-synthetic penicillin, the Court (per Cooke J.) said: [...] This is a rule grounded in fairness and reason. Its application depends upon the circumstances of the case.
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4,633.
McDowell v. Automatic Princess Holdings, LLC - 2017 FCA 126 - 2017-06-14
Federal Court of Appeal DecisionsAdequate alternate remedy deals with the case of respecting the administrative scheme created by Parliament, as in C.B. Powell. [...] Prematurity deals with preventing parties from delaying proceedings by coming to court for a remedy that may prove to be moot or overtaken when the tribunal renders its final decision. [...] Any prejudice to Automatic Princess can be remedied by giving it time to take such steps as the Board deems necessary to achieve fairness.
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4,634.
Waxer v. J.J. Barnicke - 2009 FC 170 - 2009-02-18
Federal Court Decisions(d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or [...] • [32] I conclude that the evidence dealing with Mr. Waxer’s personal circumstances, namely the family law dispute between Mr. Waxer and his ex-wife, is irrelevant as to whether the Applicant’s PIPEDA rights were breached. [...] Paragraph 48:The portion of this paragraph which deals with the Applicant’s intent in filing this application will be struck: “Waxer is using this application for an improper purpose.It is part of his ongoing campaign to harass his former wife’s counsel, Ms. McCarthy.”
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4,635.
Black v. The Queen - 2007 TCC 679 - 2007-09-19
Tax Court of Canada Judgments[7] The law in this matter is fairly clear. Net worth assessments are performed by Revenue Canada where there is a concern that a taxpayer's reported income does not reflect the reality of his or her situation. [...] Suffice to say that they are significant in terms of giving power to the Respondent to deal with circumstances such as we have here. [...] [31] In dealing with the assets used by the Respondent in determining the net worth of the Appellant, and therefore his income from 1995 through to 1998 inclusive, I have the following to say:
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4,636.
Sherman v. Canada (Canada Customs and Revenue Agency) - 2006 FC 715 - 2006-06-07
Federal Court DecisionsThe ITPR had concluded that Ms. Sherman's dismissal had been unwarranted, that the Agency had acted in bad faith in its dealings with Ms. Sherman, and that the Agency had failed to properly accommodate her disability. [...] Rather, the adjudicative body being asked to apply the doctrine has the discretion to decline to apply the doctrine in order to achieve fairness, according to the circumstances of each case: Danyluk, at ¶ 63. [...] Moreover, the Tribunal found nothing to indicate that the ITPR was to have exclusive jurisdiction to deal with disputes relating to the termination of employment.
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4,637.
Matériaux Économiques Inc. v. M.N.R. - 2003 TCC 449 - 2003-07-08
Tax Court of Canada Judgments[26] In rebuttal, René St‑Pierre stated that, if he had had to hire a person dealing at arm's length to replace the worker, the conditions would not have been the same. [...] He added that the appellant would not pay the same amount into an RRSP for a person dealing at arm's length with the company. [...] [...] Furthermore, it is fairly common to see co‑shareholders who, because of their status, discipline themselves in the interests of the company in which they are shareholders.
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4,638.
Noade v. Blood Tribe - 2002 FCT 2011 - 2002-11-20
Federal Court Decisions[1] There are two basic issues to deal with this application to amend the Statement of Claim of this proceeding. [...] [2] I will deal with the law as to adding a party, here the Blood Tribe Membership Tribunal, shortly. [...] [14] While the Defendants raised a number of additional points, the only one which merits dealing with is whether this proceeding, having become an action, puts declaratory relief beyond the jurisdiction of this Court.
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4,639.
Gurberg v. The Queen - 2001-12-11
Tax Court of Canada Judgments(ii) to a person with whom the taxpayer was dealing at arm's length of any property that is [...] (C) the fair market value of the share is nil, and (D) it is reasonable to expect that the corporation will be dissolved or wound up and will not commence to carry on business [...] [14] Before dealing with the primary issue, I will refer to the peripheral questions which can easily be disposed of.
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4,640.
Austin v. The Queen - 1999-04-23
Tax Court of Canada Judgments[17] Section 7 deals with discipline and sets forth a large number of grounds upon which ministers can be disciplined or, in extreme cases, can have their credentials withdrawn. [...] However, his principal activity was dealing with the all-important musical aspect of the Church. [...] [39] I shall defer dealing with costs in all of these cases until I have received representations from counsel for all parties.
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4,641.
Construction Gauthier Entrepreneur Général Inc. v. Canada (Attorney General) - 2024 FC 1131 - 2024-07-19
Federal Court DecisionsThe applicant alleges that the decision breached procedural fairness and is unreasonable. [...] Does the decision observe the principles of procedural fairness? 3. [...] [23] An allegation dealing with procedural fairness involves a standard similar to that of correctness.
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4,642.
Forefront Placement Ltd. v. Canada (Employment and Social Development) - 2018 FC 692 - 2018-07-05
Federal Court Decisions(3) Whether the portions of this appeal that deal with whether Mr. Leahy can represent Forefront have been rendered moot by the fact that Forefront has now retained counsel. [...] Fairness of issuing the Order when counsel was “poised to get on record” [...] Would he think that it is more likely than not that [the decision-maker], whether consciously or unconsciously, would not decide fairly”.
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4,643.
Sayers v. Batchewana First Nation - 2013 FC 825 - 2013-07-29
Federal Court Decisionsc. If so, whether the band provided him with procedural fairness. Discussion [...] I will, nevertheless, consider the procedural fairness issue, in the alternative. [...] as where councillors may play a role in the administration or adjudication of elections, awarding certificates of possession, in any dealings they may have with individual issues or individual band members, band constables, or other appointed officials or other situations which may trigger the duty of procedural fairness.
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4,644.
Oprysk v. Canada (Citizenship and Immigration) - 2008 FC 326 - 2008-03-07
Federal Court DecisionsDenial of Natural Justice or Breach of Procedural Fairness [17] A denial of natural justice or a breach of procedural fairness when examined on judicial review will be reviewed on the standard of correctness. [...] In Ramnauth v. Canada (Minister of Citizenship and Immigration), 2004 FC 233 at paragraph 9, this Court discussed the requirements of dealing with multiple claimants in a single decision. [...] I find no denial of procedural fairness in the Board’s combination of the two claims.
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4,645.
Apotex Inc v. Canada (Health) - 2015 FC 1161 - 2015-10-14
Federal Court Decisions[55] The standard of review is correctness for allegations of procedural fairness. [...] This indicates that some procedural fairness was intended for the EL scheme. [...] The Minister is dealing with polycentric considerations and has as her duty the protection of the Canadian public’s health and safety (Imperial Oil Ltd v Quebec, 2003 SCC 58 at paras 31, 34).
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4,646.
Rifai v. Canada (Attorney General) - 2014 FC 529 - 2014-05-30
Federal Court Decisions[4] I am dealing with both applications in one decision because they influence each other and it is essential to understand the context of the issues that both factual chronologies be integrated. [...] A. Procedural fairness required by the DAOD applies to the FA and the Board. [...] 2. the commander, or officer holding the appointment of Director General or above at National Defence Headquarters, who is responsible to deal with the matter that is the subject of the grievance.
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4,647.
Kandiah v. Canada (Citizenship and Immigration) - 2018 FC 1096 - 2018-10-31
Federal Court Decisions[54] A court assessing a procedural fairness argument is required to ask whether the procedure was fair having regard to all of the circumstances, including the Baker factors. [...] [23] The Respondent submits that the CIC’s invitation to the Applicant in the Procedural Fairness Letter to make further written submissions satisfied the demands of procedural fairness. [...] Those interests must be “well identified and defined” and examined “with a great deal of attention” in light of all the evidence: Legault v. Canada (Minister of Citizenship and Immigration), [2002] 4 F.C. 358 (C.A.), at paras. 12 and 31; Kolosovs v. Canada (Minister of Citizenship and Immigration), 323 F.T.R. 181, at paras.
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4,648.
Khodaverdi v. Canada (Attorney General) - 2023 FC 1710 - 2023-12-15
Federal Court Decisions[4] It bears underlining that this is not an appeal and that the only question I can deal with is whether to set aside the Decision and refer the matter back to CRA for reconsideration. [...] [38] An allegation of procedural fairness is determined on the basis that approximates a correctness review. [...] [48] In considering the record, I find that there has been no breach of procedural fairness.
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4,649.
Pinto v. Canada (Citizenship and Immigration) - 2013 FC 349 - 2013-04-08
Federal Court Decisions[8] Dealing, first, with the admissibility of the Officer’s affidavit, the case law establishes that visa officers may file affidavits in applications to review their decisions so long as the affidavits merely provide background context or contain facts relevant to allegations of a violation of procedural fairness or bias. [...] Because the Officer did provide some reasons for her decision, the claim that there was a violation of procedural fairness must fail. [...] Procedural Fairness [31] Finally, with regard to the issue of whether the Officer had a duty to make further inquiries, I do not believe that this is a case where such a duty arises.
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4,650.
Yao v. Canada (Citizenship and Immigration) - 2009 FC 114 - 2009-02-03
Federal Court DecisionsThe applicants allege that the visa officer misinterpreted the regulations and breached the duty of fairness owed to them. [...] That said, this factor also points toward a relatively low duty of fairness. [...] [24] Having weighed all the factors, the Court is of the view that the content of the duty of fairness of the visa officer in this case was at the lower end of the spectrum.