11,315 result(s)
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4,651.
Mulliqi v. Canada (Minister of Citizenship and Immigration) - 2006 FC 563 - 2006-05-04
Federal Court DecisionsHe finds fault with the entire process dealing with his refugee claim. [...] He refers to a "collusion" that has prevented him from obtaining a fair hearing. [...] Issue #3: Did the Board breach its duty of fairness to the Applicant by following Guideline 7?
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4,652.
British Columbia Hydro and Power Authority v. Canada (Attorney General) - 1998-06-03
Federal Court DecisionsThe Comptroller needs to deal with the issue of potential summer spills which may be detrimental to fish. [...] I believe it is fair to assume that the requirements of "natural justice" are subsumed under the general category of "fairness", particularly in respect of an administrative decision such as this. [...] iii) were the minimal requirements of procedural fairness met by the Minister
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4,653.
Solomon v. Garden River First Nation - 2019 FC 1505 - 2019-11-25
Federal Court DecisionsRalph always gives people deals on his plumbing as well. Let us known when to meet again and I ask that the same Elders be invited thank you [sic throughout] [...] Were the Applicants denied procedural fairness? 5. Was the decision to banish the Applicants reasonable? [...] They argue that given the procedural fairness issues raised, the Affidavit is necessary for the Court to have the full background.
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4,654.
Whitstone v. Onion Lake Cree Nation - 2022 FC 399 - 2022-03-23
Federal Court Decisions[28] I will deal with the following issues: • a) Preliminary Issue – Exclusion of certain paragraphs in the Affidavit of the Applicant Mr. Whitstone [...] B. Principle of Procedural Fairness [33] Questions of procedural fairness are reviewed on the correctness standard: Canada (Minister of Citizenship and Immigration) v Khosa, 2009 SCC 12, per Binnie J at para 43. [...] I also note the case deals with a matter of labour law arising from the civil law Province of Quebec, which judgment resolved a disputed point of Quebec jurisprudence on which the Quebec Court of Appeal issued a split decision.
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4,655.
Rosa v. Canada (Citizenship and Immigration) - 2014 FC 1234 - 2014-12-23
Federal Court Decisions− granting fair consideration to those who come to Canada claiming persecution (paragraph 3(2)(c)); [...] It noted that in another recent matter, dealing with a similar fact pattern (in Magusic above), it raised those issues by way of a preliminary motion in writing to dismiss the application for judicial review of the RPD’s decision. [...] c) de faire bénéficier ceux qui fuient la persécution d’une procédure équitable reflétant les idéaux humanitaires du Canada;
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4,656.
Hilbert Honey Co. Ltd. v. Canada (Canadian Food Inspection Agency) - 2009 FC 818 - 2009-08-11
Federal Court Decisions38. (1) Quiconque souhaite faire inspecter ou classer du miel doit : [...] Decision was not Procedurally Fair [46] The Applicant also submits that the Decision was not procedurally fair and relies upon Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817 for the five factors which should be assessed to determine the degree of procedural fairness owed in any given [...] Nor did the Applicant produce any evidence that, if the Product was allowed into Canada, there was any way of dealing with the lead contamination identified by the US FDA.
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4,657.
Sheldon Inwentash and Lynn Factor Charitable Foundation v. Canada - 2012 FCA 136 - 2012-05-04
Federal Court of Appeal Decisions(ii) by a person, or by a group of persons that do not deal at arm’s length with each other, if the person or any member of the group does not deal at arm’s length with a person described in subparagraph (i). [...] [31] The second signal is the reference to the trustees dealing with “each other”. [...] There must be more than one trustee for a trustee to be able to deal with another trustee.
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4,658.
1245989 Alberta Ltd. v. The Queen - 2017 TCC 51 - 2017-03-31
Tax Court of Canada JudgmentsThe same fair market value (“FMV”) of $2,337,500 was maintained before and after the series. [...] [62] Subsection 84(3) is a deeming provision that deals with amounts paid on share redemption; it applied in the present case. [...] c) the taxpayer transfers the subject shares to a corporation (purchaser corporation) with which the taxpayer does not deal at arm’s length; and
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4,659.
Gilead Science Inc. v. Canada (Health) - 2013 FC 1270 - 2013-12-20
Federal Court DecisionsA. There are plenty of cases where cleavage of the prodrug occurs in the plasma or even fairly fast in the intestine, and it is still a pretty good prodrug. [...] When these prodrugs are used for improving oral bioavailability, various issues dealing with GI absorption of drugs must be considered. [...] The 1994 Starrett, above, reference fairly expresses the state of knowledge at the relevant time and it effectively undermines the opinion evidence relied upon by Teva:
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4,660.
Canadian Association of Broadcasters v. Canada - 2006 FC 1482 - 2006-12-14
Federal Court DecisionsFair & Full Notice Required. Other Bars to Restitutionary Recovery. [...] ... Modern examples of the Canadian Parliament dealing with these issues are extremely rare. [...] Fair notice to the Crown of a direct challenge to government coffers is to ensure that the Crown, itself, does make contingency plans to deal with possible future losses of money currently validly collected.
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4,661.
SNC-Lavalin Group Inc. v. Canada (Public Prosecution Service) - 2019 FC 282 - 2019-03-08
Federal Court Decisions(iii) otherwise deal with it, as the prosecutor directs; (iii) soit d’en disposer de toute autre façon selon les instructions du poursuivant; [...] (c) the terms of the agreement are fair, reasonable and proportionate to the gravity of the offence. [...] Ces modifications sont, dès leur approbation, réputées faire partie de l’accord.
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4,662.
AgraCity Ltd v. Canada - 2015 FCA 288 - 2015-12-16
Federal Court of Appeal Decisions(a) the terms or conditions made or imposed, in respect of the transaction or series, between any of the participants in the transaction or series differ from those that would have been made between persons dealing at arm's length, or [...] (i) would not have been entered into between persons dealing at arm's length, and [...] Paragraph c) would require the judge to determine what persons dealing at arm’s length would do in this particular situation.
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4,663.
Ince-Mercer v. M.N.R. - 2009 TCC 594 - 2009-08-25
Tax Court of Canada JudgmentsIt being his investment and his clientele, I really was not satisfied they are in any way dealing as equals or on an even plane. [...] It is clearly a situation of a subordinate dealing with a principal. The control factor indicates that, during the period under review, Mr. Ince-Mercer was an employee. [...] Counsel, very fairly, agreed with most of them, with the exception of 7(b), (c), (k), (n), (o), (q), (r), (s) and (v).
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4,664.
Palaguru v. Canada (Citizenship and Immigration) - 2009 FC 371 - 2009-04-14
Federal Court Decisions[13] The Respondent also takes the position that the Applicant in this case actually had notice that an IFA was an issue he needed to deal with in his PRRA application. [...] On the facts of this case, then, I do not see how the Applicant could not have been aware that he would have to deal with the Colombo IFA issue when it came to presenting his case for risk under his PRRA application. [...] Hence, I do not think that the Decision was either unreasonable within the meaning of Dunsmuir or that it was incorrect because the Applicant was not afforded procedural fairness.
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4,665.
Pearson v. Canada - 2008 FC 62 - 2008-01-17
Federal Court Decisions[7] Further, they argue that because the proposed class proceeding seeks damages in excess of $50,000, a prothonotary does not have the jurisdiction to deal with the motion. [...] [12] Pursuant to Rule 50 a prothonotary has jurisdiction to deal with any motion under the Rules other than those that are specifically excluded. [...] (i) would fairly and adequately represent the interests of the class,
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4,666.
Coffey v. Canada (Minister of Justice) - 2005 FC 554 - 2005-04-22
Federal Court Decisions49. L'intéressé peut faire appel de son incarcération et le procureur général - au nom du partenaire -, du refus de délivrer une ordonnance d'incarcération ou de l'arrêt de la procédure. [...] ¼ In the view of the Court of Appeal an extradition judge, such as the judge dealing with the present matter in Manitoba, does not have the authority to conduct a judicial review of the authority to proceed. [...] The Court of Appeal agreed that "the Federal Court should always decline jurisdiction to deal with an application for judicial review of an authority to proceed if the grounds for the application disclose arguments that are squarely within the jurisdiction of the extradition judge.
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4,667.
Konyi v. The Queen - 2017 TCC 175 - 2017-09-08
Tax Court of Canada Judgments(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 [...] (ii) The parties must not be dealing at arm’s length. (iii) The transferor must be liable to pay tax under the ITA at the time of the transfer. [...] (iv) 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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4,668.
Kenney v. Canada (Attorney General) - 2016 FC 367 - 2016-03-31
Federal Court Decisions[32] Moreover, the record before the decision-maker, upon which the judicial review will rely, deals exclusively with the individual situation of the applicant and the grounds for refusing his claim under the LTD Plan. [...] (i) would fairly and adequately represent the interests of the class, [...] (a) would fairly and adequately represent the interests of the subclass;
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4,669.
Envision Credit Union v. Canada - 2011 FCA 321 - 2011-11-21
Federal Court of Appeal Decisions[9] However, in case I am wrong on the applicability of Black & Decker to the facts of this case, I shall also deal with whether section 87 applies. [...] The aggregate redemption/retraction amount of the shares in 619 was equal to the fair market value of the surplus real estate. [...] (ix) the fair market value of the equity shares of any class, or a method of determining the fair market value of the equity shares of any class, for the purpose of section 24, and
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4,670.
Jolivet c. Canada (Justice) - 2011 FC 61 - 2011-01-19
Federal Court Decisions[21] It is in this context that we find section 317 of the Rules, which deals with requests for material disclosures. [...] When dealing with a judicial review, it is not a matter of requesting the disclosure of any document which could be relevant in the hopes of later establishing relevance. [...] • [36] Although that decision concerned issues of procedural fairness, it must not be construed as providing an open door to a search for all documents not taken into account in the decision.
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4,671.
Bouchard v. National Parole Board - 2008 FC 248 - 2008-02-25
Federal Court DecisionsThis decision was rendered on the basis of the fact that the decision-maker had breached its obligation to act fairly because the relevant evidence on record had not been considered. [...] [45] I am well aware that this decision does not deal with the issue as to whether the current legislative scheme complies with section 12 of the Charter, regardless of how it is applied. [...] Since no submissions were made in this case with regard to this issue, I will refrain from dealing with it.
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4,672.
Bombardier Recreational Products Inc. v. Arctic Cat, Inc. - 2018 FCA 172 - 2018-09-25
Federal Court of Appeal Decisions[8] In fairness to the Federal Court, I ought to explain what could otherwise appear like a very long delay in issuing the decision currently on appeal before us. [...] [42] The Federal Court deals with the meaning to be ascribed to the term “engine cradle” in two distinct parts of its reasons: the first under the heading of “engine cradle forward of the tunnel”, at paragraphs 343-50, and the second, in the section dealing with infringement of the 264 Patent, at paragraphs 371-83. [...] However, in light of the seriousness of this argument, which involves procedural fairness, I have carefully reviewed the material before the Federal Court.
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4,673.
Harmony Consulting Ltd. v. G.A. Foss Transport Ltd. - 2012 FCA 226 - 2012-08-31
Federal Court of Appeal Decisions[78] Obviously, I am dealing here with the arguments regarding Harmony’s copyrighted programs that were actually used by Foss (the Dip Forecasting and the Railmaster). [...] [94] In the circumstances, it is not necessary to deal with the issues raised in appeal with respect to the personal liability of the individual respondents. [...] d) s’il s’agit d’une œuvre littéraire, dramatique ou musicale, d’en faire un enregistrement sonore, film cinématographique ou autre support, à l’aide desquels l’œuvre peut être reproduite, représentée ou exécutée mécaniquement;
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4,674.
Hassan v. Canada (Public Safety and Emergency Preparedness) - 2023 FC 1550 - 2023-11-22
Federal Court DecisionsThe duty of procedural fairness is “eminently variable,” inherently flexible and context-specific. [...] A court assessing a procedural fairness question is required to ask whether the procedure was fair, having regard to all of the circumstances [see Canadian Pacific Railway Company v Canada (Attorney General), supra at para 54]. [...] I will deal with both aspects of this argument here, neither of which have merit.
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4,675.
Tourangeau v. Smith's Landing First Nation - 2020 FC 184 - 2020-01-31
Federal Court Decisions[2] The Applicant claims that both decisions lacked procedural fairness. [...] My analysis on procedural fairness will only deal with the Suspension Decision in light of my finding related to the Salary Decision. [...] [51] The Respondent denies that procedural fairness has been violated.