11,315 result(s)
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4,701.
Ambroise v. Canada (Citizenship and Immigration) - 2021 FC 62 - 2021-01-19
Federal Court DecisionsIn addition, I am of the opinion that there was no breach of procedural fairness. [...] [10] I therefore agree with the parties that the standard that applies to the second issue is the standard that applies to issues of procedural fairness, whether it be called the correctness standard or simply the fairness standard. [...] [34] In her submissions to the RAD, Ms. Ambroise did not deal with the second prong of the IFA test or the reasonableness of relocating to Cap-Haïtien.
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4,702.
Penez v. Canada (Citizenship and Immigration) - 2017 FC 1001 - 2017-11-06
Federal Court DecisionsShe further submits that the Officer breached his duty of procedural fairness by failing to send a procedural fairness letter and to allow her to respond to his concerns. [...] B. Did the Officer err in omitting to provide Ms. Penez with a Procedural Fairness Letter [...] [32] Given my conclusion on the unreasonableness of the Officer’s Decision, I do not have to deal with the procedural fairness issue raised by Ms. Penez.
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4,703.
Zen v. Canada (National Revenue) - 2008 FC 371 - 2008-03-12
Federal Court DecisionsFurther, it appears from Ms. Sherman's affidavit that the person in question, Lois Willett, was the officer responsible for dealing with mail to the Minister in respect of accounts receivable. [...] The Fairness option only covers assessments on tax years after 1985. Mr. Zen was advised that his application for fairness was reviewed and denied and that he should make payment arrangements [...] [18] In fact, the respondent even took the position that there was no fairness request and no decision in this matter.
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4,704.
Abi-Mansour v. Canada (Attorney General) - 2015 FC 882 - 2015-07-17
Federal Court Decisionsa. Did the Tribunal breach procedural fairness by refusing to deal with the allegation of abuse of authority in appointing candidates who do not meet essential qualifications by being bias, not thorough and neutral? [...] b. Did the Tribunal commit a jurisdictional error in finding that it has no jurisdiction to deal with employment equity matters? [...] c. Did the Tribunal err in dealing with the discrimination allegation?
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4,705.
County of Lethbridge v. The Queen - 2005 TCC 809 - 2006-02-14
Tax Court of Canada JudgmentsThese Reasons for Judgment will deal with the two questions of law in issue. [...] The agreement also provides that the parties give the agreement a fair and liberal interpretation. [...] ... 8. The Parties agree to give this Agreement a fair and liberal interpretation and to negotiate with fairness and candour, any modification or alteration that may be rendered necessary by changing conditions.
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4,706.
Sturgess v. Canada (Elections) - 2024 FC 1360 - 2024-08-30
Federal Court Decisions[8] The standard of review for procedural fairness is correctness or a standard with the same import (Canada (Attorney General) v Ennis, 2021 FCA 95 [Ennis] at paras 44-45). [...] C. Was the decision procedurally fair? [22] The Applicant also raises a number of objections to the process followed by the CHRC in dealing with the complaint. [...] [26] The Applicant’s second procedural fairness complaint confuses his evidentiary obligation with respect to the case he needs to meet, with a new legal issue raised by the Respondent.
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4,707.
Lefrançois v. The Queen - 2015 TCC 55 - 2015-03-03
Tax Court of Canada JudgmentsBased on appraisal reports filed by the respondent, as of October 27, 2005, the fair market value of unit 1 was $209,000 and of unit 2 was $245,000. [...] (c) another person with whom the transferor was not dealing at arm’s length, [...] A is the amount, if any, by which the fair market value of the property at that time exceeds the fair market value at that time of the consideration given by the transferee for the transfer of the property, and
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4,708.
Dhawan v. Canada (Citizenship and Immigration) - 2011 FC 973 - 2011-08-03
Federal Court Decisions[6] By way of a fairness letter dated August 20, 2008, the Applicant’s parents were invited to comment and provide evidence in response to the Medical Officer’s report. [...] [13] For the purpose of dealing with all of the issues identified by the Applicant, I will group them as follows: [...] [21] The Applicant submits, however, that error can be found in the Medical Officer’s inadequate analysis of Dr. Dimitrakoudis’ medical opinion, which was sent in response to the fairness letter.
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4,709.
Obi v. Canada (Citizenship and Immigration) - 2011 FC 573 - 2011-05-18
Federal Court Decisions3. Did the citizenship judge breach the applicant’s right to procedural fairness? [...] Finally, I deal with concerns about unfairness to the appellants caused by the transition to the new IRPA. [...] [34] I need not consider the issues of procedural fairness or the loss of permanent resident status.
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4,710.
Public Service Alliance of Canada v. Canada (Attorney General) - 2009 FCA 6 - 2009-01-16
Federal Court of Appeal Decisionse) whether he erred in finding that there was no breach of procedural fairness. [...] (2) Le personnel de la Monnaie — le président compris — est réputé faire partie de la fonction publique pour l’application de la Loi sur la pension de la fonction publique. [...] The judge could have declined to deal with the issue, but he did not.
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4,711.
Voluntad v. Canada (Citizenship and Immigration) - 2008 FC 1361 - 2008-12-09
Federal Court Decisions3. Did the Officer breach procedural fairness by failing to provide sufficient reasons for refusing the TRP? [...] [8] This standard does not apply to the alleged insufficiency of the reasons for the TRP decision; no deference is owed for a breach of procedural fairness. [...] [14] The extract cited by the Applicant is contained in a lengthier passage dealing with the degree of establishment.
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4,712.
Kravchov v. Canada (Citizenship and Immigration) - 2008 FC 101 - 2008-01-25
Federal Court Decisions[17] Mr. Kravchov alleges breach of procedural fairness, errors in law and in fact. [...] On the procedural fairness point he complains that the Member permitted documents to be introduced as evidence without sufficient notice. [...] It is true that artful pleaders can find any number of errors when dealing with decisions of administrative tribunals.
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4,713.
Somera Duque v. Canada (Citizenship and Immigration) - 2007 FC 1367 - 2007-12-24
Federal Court Decisions[19] Allegations concerning procedural fairness are always reviewed as questions of law. [...] In these circumstances I find that the Officer committed no breach of the principles of procedural fairness or natural justice. [...] For that, I am relieved and happy though I have to deal with problems.
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4,714.
Bolen v. Canada - 2007 FCA 293 - 2007-09-19
Federal Court of Appeal Decisions[20] Section 35 deals with the tax treatment of mining rights (defined as “mining property”) such as those held by persons like the appellant, who are in the business of staking land for minerals, establishing mining claims and trading them to mining companies in exchange for shares. [...] Upon disposition, the prospector must include in income the lesser of the fair market value of the shares at the time of the exchange or at the time of the disposition (or further exchange). [...] Under the new rules, the lesser of the fair market value of the shares at the time of acquisition and the proceeds received on the sale of the shares will be included at the time of the sale.
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4,715.
Uppal v. Canada (Minister of Citizenship and Immigration) - 2006 FC 1142 - 2006-09-29
Federal Court DecisionsS'il ne peut le faire, il en donne la raison et indique quelles mesures il a prises pour s'en procurer. [...] [9] The applicant submits that paragraph 3(2)(e) of the Act mandates that the procedures established to deal with refugees be fair and efficient: [...] [...] (e) to establish fair and efficient procedures that will maintain the integrity of the Canadian refugee protection system, while upholding Canada’s respect for the human rights and fundamental freedoms of all human beings;
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4,716.
Deng v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1546 - 2005-11-17
Federal Court DecisionsThe grounds for the application were essentially alleged breaches of fairness and natural justice together with the new claim that section 98 of the Immigration and Refugee Protection Act[2] is unconstitutional "... due to its vagueness in defining the criteria (by adopting section F of Article 1 of the United Nations [...] But where the ruling amounts to a breach of the tribunal's duty of fairness, or a breach of natural justice, then different considerations apply. [...] that the RPD, and other Divisions of the Immigration and Refugee Board, deal with proceedings before it "... as informally and quickly as the circumstances and the considerations of fairness and natural justice permit", here, considerations of fairness and natural justice simply do not permit the RPD to summarily, and
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4,717.
Du-Perré c. La Reine - 2004 TCC 773 - 2004-11-24
Tax Court of Canada Judgments(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 [...] (d) the transferred goods listed in paragraphs 3(b) and 3(c) above (the "goods") had a fair market value of $65,000.00;
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4,718.
Coscia v. Canada (Attorney General) - 2004 FC 1004 - 2004-07-20
Federal Court Decisionsc) that the Appeal Division failed to ensure that the duty of fairness was observed. [...] Correction Services Canada has an internal policy dealing with membership in Criminal Gangs, Directive 576-3. [...] [34] For these reasons I also find that the applicant was denied procedural fairness.
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4,719.
Erdos v. Canada (Minister of Citizenship and Immigration) - 2003 FC 955 - 2003-08-08
Federal Court Decisions[10] Did the Board act in denial of the duty of fairness? STANDARD OF REVIEW [...] [14] With respect to the issue of natural justice and procedural fairness, the standard of review is correctness. [...] Did the Board act in denial of the duty of fairness? [35] This issue was raised by the Applicant in his application but he did not fully develop any arguments relating to this ground and I do not find it necessary to deal with this issue as part of this review.
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4,720.
Perkins v. Canada (Minister of Citizenship and Immigration) - 2000-10-25
Federal Court DecisionsThose affected may be more likely to feel they were treated fairly and appropriately if reasons are given: de Smith, Woolf and Jowell, Judicial Review of Administrative Action (5th ed., 1995), at pp. 459-60. [...] [43] In my opinion, it is now appropriate to recognize that, in certain circumstances, the duty of procedural fairness will require the provision of a written explanation for a decision. [...] [22] As this disposes of the application, I will not deal with the other grounds raised by
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4,721.
Hundal v. Canada (Minister of National Revenue) - 2000-09-06
Federal Court Decisions[1] Mr. Harjinder S. Hundal and his wife Ms. Surinder K. Hundal seek judicial review of a negative decision under the "fairness package provisions" of the Income Tax Act, R.S.C. 1985, c. 1 (5th Supp). [...] ... we must advise you that a late capital gains election does not fall under the fairness package provisions of the Income Tax Act. As a result your late election has not been accepted. [...] No specific procedure is mandated for "fairness" decisions, and the record makes it clear that the Chief of Appeals did in fact make the decision he purported to make.
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4,722.
Prti Transport Inc. v. Canada (Vancouver Port Authority) - 1999-10-18
Federal Court Decisions[15] The licence agreement required that the trucking companies pay its drivers a "fair return" for work performed within the Port of Vancouver. [...] Though there is no evidence before me I am of the view that the Court can take judicial notice that should it grant the injunctive relief sought, and access to the VPA property without any assurance of the "fair return" it could bring about labour strife at the port. [...] They suggested a "fair hourly" rate be paid for waiting time while the truckers were on port business.
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4,723.
Osmond v. The Queen - 1998-12-15
Tax Court of Canada JudgmentsIn computing her income for the three years under appeal, the Appellant claimed, under paragraph 8(1)(c) of the Income Tax Act ("Act"), deductions of $12,000 per year in respect of the fair rental value of the personal residence which she occupied. [...] 12. Every enactment is deemed remedial, and shall be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objects. [...] [11] I will deal first with the question whether the Appellant enjoyed the status of "regular minister" within the meaning of paragraph 8(1)(c).
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4,724.
International Longshoremen's Union and Warehousemen's Union, local 502 v. McLean - 1996-09-26
Federal Court of Appeal Decisions(2) Where, pursuant to a collective agreement, a trade union is engaged in the referral of persons to employment, it shall establish rules for the purpose of making such referrals and apply those rules fairly and without discrimination. [...] It is therefore important to ensure that the method by which people get onto the casual boards and the process by which they move up are accomplished fairly and without discrimination. [...] The complaint filed by the respondent before the Human Rights Commission, which was put in evidence before the Board, did not and could not deal with the union's alleged referral policy for, as the Board found, such policy had not been promulgated or posted prior to 1994.
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4,725.
Remo Imports Ltd. v. Jaguar Canada Ltd. - 2006 FC 21 - 2006-01-16
Federal Court DecisionsA. Well, you know, these are the natural checks and balances that every modeller has to deal with when they're dealing with developing the best regression model for a given set of data. [...] He is asked how he would deal with this concern. Professor Moorthy responds as follows: [...] c) faire passer d'autres marchandises ou services pour ceux qui sont commandés ou demandés;