11,315 result(s)
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4,676.
Ke v. Canada (Citizenship and Immigration) - 2012 FC 862 - 2012-07-06
Federal Court Decisions1. Whether the Board breached her right to procedural fairness; 2. Whether the Board was biased; [...] I will deal with those together. [33] The parties agree that the standard of review with respect to any breach of procedural fairness is correctness. [...] 1. Did the Board Breach The Applicant’s Right To Procedural Fairness?
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4,677.
Phillips v. Canada (Attorney General) - 2011 FC 448 - 2011-04-12
Federal Court Decisions¶ 8. The legislation gives the CRA the ability to administer the income tax system fairly and reasonably by helping taxpayers to resolve issues that arise through no fault of their own, and to allow for a common-sense approach in dealing with taxpayers who, because of personal misfortune or circumstances beyond their [...] In this regard, the fairness decision is based on a misapprehension of the facts. [...] [29] The fairness letter also states that there were no “undue delays in the criminal matter”.
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4,678.
Dimartino v. Canada (Minister of Transport) - 2005 FC 635 - 2005-05-17
Federal Court DecisionsThe other four judges found that even if in such cases, there was a duty of fairness, but that it was minimal. [...] [5] The respondent argues that the Program mandates the same procedure whether one is dealing with a revocation several years after the issuance of a TSC or a denial to a first-time applicant. [...] Rather, the applicants relied on a breach of the Minister's general duty of fairness.
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4,679.
Guest Tek Interactive Entertainment Ltd. v. Nomadix, Inc. - 2021 FC 276 - 2021-03-31
Federal Court DecisionsParagraph (4) deals with packets that are not directed to any other wireless computing device on the network. [...] [170] Again, Guest Tek argues that Claim 1 only deals with source and destination devices that are wireless devices. [...] [296] “Stochastic Fair Queuing” (SFQ) is a fair queuing qdisc that uses a changing hashing algorithm to divide traffic into queues.
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4,680.
Worthington v. Canada (Citizenship and Immigration) - 2008 FC 409 - 2008-04-23
Federal Court DecisionsIssues of procedural fairness are reviewable on the standard of correctness. [...] The doctrine of legitimate expectation is "an extension of the rules of natural justice and procedural fairness": Reference re Canada Assistance Plan (B.C.), [1991] 2 S.C.R. 525, at p. 557. [...] But in recent years there has been a great deal of momentum toward a more sensitive and humane attitude.
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4,681.
Murchison v. Export Development Canada - 2009 FC 77 - 2009-01-26
Federal Court Decisions(2) Le paragraphe (1) n’oblige pas le responsable de l’institution fédérale à faire état de l’existence des renseignements personnels demandés. [...] However, the Supreme Court has cautioned that when dealing with communications from lawyers who are in-house, one must be mindful that they often occupy other roles. [...] However, the provisions of Chapter 2-6 dealing with the right of access to personal information, do not use mandatory language.
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4,682.
Canada (Minister of Citizenship and Immigration) v. Mahjoub - 2001 FCT 1095 - 2001-10-05
Federal Court DecisionsThis section of the legislation does not deal with the question of deportation. [...] Once again for the sake of completeness I shall deal with this argument. [...] [35] The respondent then deals with a number of specific paragraphs contained in the CSIS summary.
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4,683.
Demma v. M.N.R. - 1998-02-23
Tax Court of Canada JudgmentsIf it is a substantially similar contract of employment, Parliament has deemed it to be only fair that it should be included in the scheme. [...] [6]Section 61 of the Act deals with appeals to and determination of questions by the Minister. [...] The late Mr Justice Sopinka, when dealing with the review of the issue of an authorization to wiretap, then said:
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4,684.
Bondfield Construction Company (1983) Limited v. The Queen - 2005 TCC 78 - 2005-05-18
Tax Court of Canada JudgmentsUnder section 280, the Appellant may escape the penalties if it can show that it exercised reasonable care in dealing with these transactions. [...] He knew his limitations and ensured the proper systems were in place to deal with the complexity of this legislation. [...] I base this conclusion on the fact that Mr. Sudan was unable to follow a fairly simple GST calculation that Appellant counsel attempted to take him through on cross-examination.
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4,685.
Rosianu v. Western Logistics Inc. - 2019 FC 1022 - 2019-07-30
Federal Court DecisionsWere his procedural fairness rights violated by the manner in which the Decision was made? [...] A. Were Mr. Rosianu’s procedural fairness rights violated by the manner in which the Decision was made? [...] [46] Mr. Rosianu submits that the Decision was unreasonable because it did not deal with the substance of his complaint, was based primarily on irrelevant factors, and was arbitrary.
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4,686.
Boogaard v. Canada (Attorney General) - 2013 FC 267 - 2013-03-13
Federal Court Decisions(2) Whether the applicant was denied procedural fairness; and (3) Whether the decision was unreasonable. [...] [41] If the complaint gets to the investigation stage, the Treasury Board’s guidelines dealing with the complaint process provide: [...] [43] It cannot be said, therefore, that the principles of procedural fairness are breached.
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4,687.
Fiducie Famille Gauthier v. The Queen - 2011 TCC 318 - 2011-06-23
Tax Court of Canada Judgmentsa. It assumed that the fair market value of the shares transferred by the appellant to 4041763 was $2,836,423, not $2,602,637. [...] However, when Fiducie sold the 433 Class B shares to 404, the amount indicated as the fair market unit value of the shares decreased to $6,010.71. [...] I find that such a description of the situation is more consistent with reality, and the true fair market value of the shares was $6,550 per unit.
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4,688.
Island Timberlands Lp v. Canada (Foreign Affairs) - 2009 FC 258 - 2009-03-13
Federal Court DecisionsLogs are determined to be surplus if no domestic processor makes a domestic fair market value offer to purchase the logs. [...] FTEAC makes an assessment as to whether an offer is valid according to Notice 102 and is at domestic fair market value based on a market review; [...] I shall deal with this issue first. ANALYSIS [18] It is trite law that a party that is not a party to a decision taken by a Minister has no status to seek judicial review of that decision under s. 18.1 of the Federal Courts Act, R.S.C. 1985, c. F-7.
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4,689.
Adamson v. Canada (Human Rights Commission) - 2015 FCA 153 - 2015-06-26
Federal Court of Appeal DecisionsThe latter paragraphs appear in the section dealing with the normal age of retirement for Canadian airline pilots. [...] But, at the explicit request of the Commission, I will deal with paragraph 3(a) of the Judgment. [...] These omissions constitute an error of law and resulted in a breach of the parties’ right to procedural fairness.
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4,690.
Vo v. Canada (Citizenship and Immigration) - 2018 FC 230 - 2018-02-28
Federal Court DecisionsIn that vein, Ms. Vo submitted before the IAD that fairness concerns with the second immigration officer’s refusal justified the non-application of issue estoppel in her case. [...] [22] Further, while Ms. Vo indeed argued certain fairness concerns before the IAD, she did not submit that the immigration officer’s refusal raised a reasonable apprehension of bias. [...] [50] I will deal only briefly with these final two issues Ms. Vo raises, because their disposition flows in part from my above findings.
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4,691.
Seah Steel Corporation v. Evraz Inc. NA Canada - 2017 FCA 172 - 2017-08-29
Federal Court of Appeal DecisionsSeAH argued that it was submitting this affidavit and the exhibits in support of its argument related to procedural fairness. [...] The portion of the affidavit and exhibits to which the Attorney General objects are the portions dealing with the re-investigation by the President which was conducted after the Final Determination. [...] As a result these documents are not admissible in this application for judicial review in relation to the procedural fairness issue.
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4,692.
Chow v. Canada (Attorney General) - 2011 FC 914 - 2011-07-21
Federal Court Decisionsc) Did the SDC breach the applicant’s right to procedural fairness? d) Did the SDC err in his decision to deny the applicant’s grievance? [...] c) Did the SDC breach the applicant’s right to procedural fairness? [23] The applicant’s primary argument with respect to procedural fairness is that the SDC failed to provide sufficient information regarding the decision to transfer him to Edmonton Institution. [...] This is especially the case when, as here, officials are dealing with an inmate who is believed to be a high-ranking gang member whose “gang associations are an inherent part of his incompatibility issues”.
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4,693.
Independent Contractors and Business Association v. Canada (Minister of Labour) - 1998-03-12
Federal Court of Appeal Decisions[2] The Regulations were adopted pursuant to the Fair Wages and Hours of Labour Act, R.S.C. 1985, c. L-4 (the "Act"). [...] ...decided that for projects which meet the conditions of the Skills Development and Fair Wages Act of British Columbia (i.e. projects estimated at $250,000 or more and which do not fall under the exemptions noted in the regulations), I will use the hourly wage rate (not the benefit rate) as the fair wage and the province [...] [12] I shall deal first with the position of the Contractors. [13] The record does not clearly establish that any of the Contractors has bid on a federal construction project in British Columbia since the change of policy was made on February 3, 1995.
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4,694.
Canadian Pacific Railway Company v. Sauvé - 2022 FC 1758 - 2022-12-19
Federal Court DecisionsHowever, he made no finding as to an alternative remedy and instead limited his jurisdiction to dealing with any difficulties in enforcing the decision. [...] When lodging a complaint, employees should be prepared to provide the person dealing with the complaint with as much detailed information as possible on the behavior in question, including the names of any witnesses. [...] The investigation will be approached in an unbiased manner and must provide both sides with a fair hearing.
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4,695.
Canada (Attorney General) v. Simon - 2022 FC 1135 - 2022-07-28
Federal Court DecisionsMr. Simon also maintains that the AGC’s attempt to declare him a vexatious litigant violates the rules of procedural fairness. [...] [21] It must be observed, to begin with, that this judgment only deals with Mr. Simon’s behaviour and whether it is vexatious. [...] [65] In light of the foregoing, I can only conclude that, in every respect, the process followed by the Court was procedurally fair and that Mr. Simon cannot complain of any breach of procedural fairness in this matter.
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4,696.
Apotex Inc. v. ADIR - 2017 FCA 23 - 2017-02-02
Federal Court of Appeal Decisions[31] Before leaving this issue, I wish to deal with the three reasons given by the Federal Court for rejecting the relevance of non-infringing perindopril. [...] It also accounted for the anticipated high legal costs and the potential for fairly high damages associated with an event of a negative litigation outcome. [...] As transfer price agreements it would have been expected that taxing officials would scrutinize the agreements carefully to ensure the fairness of the sale price.
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4,697.
Canada v. Nourhaghighi - 2014 FC 254 - 2014-03-14
Federal Court DecisionsThe last was conceded in part by the Crown based on a breach of procedural fairness, with the remainder being struck for non-conformance with the Federal Court Rules, SOR/98-106 [Federal Court Rules]. [...] The normal process for dealing with the form and substance of Mr. Nourhaghighi’s actions is no longer workable. [...] [31] Mr. Nourhaghighi made several points in oral argument which I will refer to and deal with in the analysis below.
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4,698.
Armstrong v. Canada (Attorney General) - 2006 FC 505 - 2006-04-21
Federal Court DecisionsNew evidence, he states, is admissible where it relates to issues of procedural fairness and jurisdiction. [...] There is no need to conduct a pragmatic and functional analysis in relation to questions of procedural fairness: Sketchley v. Canada(Attorney General) (2005), 344 N.R. 257 (F.C.A.) at paras. 52-55. [...] The definition contained in the operations manual, dealing with "operations", is totally unrelated to Armstrong and the work that he is performing.
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4,699.
Mahjoub v. Canada (Minister of Citizenship and Immigration) - 2005 FC 156 - 2005-01-31
Federal Court Decisions- subject to that qualification, a "fair, large and liberal interpretation in accordance with international norms must be accorded to 'danger to the security of Canada' in deportation legislation". [...] In view of that conclusion, I have not considered it advisable to deal with the constitutional issues raised by Mr. Mahjoub. [...] (c) the judge shall deal with all matters as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit;
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4,700.
Canada (Attorney General) v. Social Science Employees Association - 2004 FCA 165 - 2004-04-26
Federal Court of Appeal Decisions[10] Sections 24 to 26 of the Policy deal with the rates of pay on promotion, demotion or transfer by appointment. [...] Section 27 deals with the appointment or deployment on pay increment date. [...] a) de refuser d'employer ou de continuer à employer une personne, ou encore de faire des distinctions injustes fondées, en ce qui concerne l'emploi ou l'une quelconque des conditions d'emploi d'une personne, sur l'appartenance de celle-ci à une organisation syndicale ou sur l'exercice d'un droit que lui accorde la présente