11,309 result(s)
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451.
Argyracoupoulou v. Canada (Treasury Board) - 2003 FC 1304 - 2003-11-07
Federal Court Decisions5. The procedures dealing with processing a classification grievance are set out in chapter 4 of the Treasury Board Manual. [...] [8] Before dealing with this argument made by the applicants, it is worth considering the procedural fairness rule that applies to the Committee. [...] Clearly the Court is not dealing with the same circumstances in the case at bar.
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452.
Gordon v. Canada - 2017 FC 454 - 2017-05-05
Federal Court Decisions[4] A case conference in person was convened in Court on Friday, March 10, 2017 to deal with these issues and to deal with the ongoing incivility which this case seems to generate. [...] It is a decision that deals in part with recusal and also deals with vexatious litigants. [...] I took an oath when I took this appointment and I try every day to satisfy that oath to act fairly, impartially and as best as I can on issues between the parties.
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453.
Shetty v. Canada (Citizenship and Immigration) - 2012 FC 1321 - 2012-11-14
Federal Court Decisionsa) Whether the Officer breached a requirement of procedural fairness by failing to convoke the Applicant for an interview; and [...] The Officer was thus under no duty to convoke the Applicant for an interview, and did not breach his duties of procedural fairness in this case. [...] dealings with his employer’s clients were “limited to working on specific projects with limited duration, and he does so in concert with the clients, rather than taking over primary control.” There is no basis in the record for the conclusion that the Applicant does not take “primary control” in his dealings with
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454.
CanUtilities Holdings Ltd v. The Queen - 2003 TCC 193 - 2003-08-28
Tax Court of Canada JudgmentsThe opinions confirmed the view nonetheless that the acquisition was fair to all shareholders. [...] With respect to the fairness opinion he testified that it was their firm's view that the terms of the proposed transaction were fair from the financial point of view to all shareholders. [...] independent committee of the Board that retained the services of a financial adviser for a fairness opinion in order to give a recommendation to the Board of ATCOR. One of the main concerns of the fairness opinion was to obtain comfort on the value of ATCOR's assets and whether the transaction was fair to all shareholders.
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455.
Savage v. The Queen - 2001-08-31
Tax Court of Canada JudgmentsI shall begin by dealing with the issues that have been disposed of by the parties on consent. [...] Neither of these persons must be under any compulsion to make a deal, but we must assume that they both want to do so and we must also assume that they do in fact do so. [...] All I have to do is decide what deal they would strike. Unfortunately, encounters between two such equally matched hypothetical negotiators seldom occur in the real world.
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456.
Koblinsky v. Canada (Minister of National Revenue) - 1998-06-30
Federal Court of Appeal Decisions[2] The trust of the applicants' argument is that the Tax Court based its decision on erroneous findings of fact that were made in a perverse or capricious manner without regard to the material before it, and that there was also a denial of natural justice or procedural fairness arising from the manner in which the hearing [...] [4] Nor are we persuaded that the applicants were denied natural justice or procedural fairness before that Court. [...] 251. (1) For the purposes of this Act; ( a) related person shall be deemed not to deal with each other at arm's length; and ( b) it is a question of fact whether persons not related to each other were at a particular time dealing with each other at arm's length.
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457.
Edgar v. Kitasoo First Nation - 2003 FCT 815 - 2003-06-30
Federal Court Decisions[30] ... The applicant in my view has a very strong case that a breach of fairness invalidates the Resolution. [...] Natural justice is but fairness writ large and juridically. It has been described as “fair play in action.” Nor is it a leaven to be associated only with judicial or quasi-judicial occasions. [...] [16] In Misquadis (supra) Mr Justice Lemieux gave leave to file affidavit evidence dealing with the function of aboriginal communities in various cities.
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458.
Adidas AG v. 2690942 Canada Inc. (Campea) - 2008 FC 776 - 2008-06-23
Federal Court DecisionsOne must look at what is reasonable and fair under the circumstances: Smith, Kline & French Ltd. v. A.-G. Can., supra, per Addy J. at p. 109. [...] [16] Said schedule deals with questions taken under advisement at discovery by Adidas. [...] [22] This category deals with questions related to Adidas’ amended statement of claim.
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459.
Bell Canada v. Communications, Energy and Paper Workers Union of Canada - 1998-11-17
Federal Court of Appeal Decisions[...] 41. Subject to section 40, the Commission shall deal with any complaint filed with it unless in respect of that complaint it appears to the Commission that [...] I will deal with this argument when dealing with the issue of the status of the unions. [...] - Procedural fairness [43] With respect to procedural fairness, the Commission did precisely what the jurisprudence of this Court, as recently as in Slattery v. Canadian Human Rights Commission (1996), 205 N.R. 383 (F.C.A.), has told it to do.
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460.
Harvey v. The Queen - 2018 TCC 67 - 2018-04-09
Tax Court of Canada Judgments[2] The legislative provision in question is a collection action that allows the Minister to assess an individual when he or she receives property from a tax debtor with whom he or she was not dealing at arm’s length for inadequate consideration, i.e. for less than the fair market value (the “FMV”) of the property at the [...] These definitions are equally applicable to “fair market value” and “market value” and it is doubtful if the use of the word “fair” adds anything to the words “market value”. [...] Indeed, I am of the view that it is common knowledge that a piece of furniture loses a great deal of its value shortly after it is purchased.
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461.
Yachimec v. Canada (National Revenue) - 2010 FC 1333 - 2010-12-24
Federal Court DecisionsOver the course of dealing with the Applicant, counsel became aware that the Applicant had not been filing tax returns. [...] [31] Questions of procedural fairness are reviewed on a standard of correctness [...] In the Respondent’s view this does not breach any rules of procedural fairness.
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462.
741290 Ontario Inc (Van Del Manor Nursing Home) v. Canada Sustoms and Revenue Agency - 2009 FC 985 - 2009-09-30
Federal Court DecisionsI only make reference to the Fairness applications because those were applications, taken by the Appellant. [...] I only make reference to the Fairness applications because those were applications, taken by the Appellant. [...] If the notice provisions apply, then the decision not to deal with the appeals is a decision.
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463.
Hiebert v. Price - 2004 FC 1531 - 2004-10-28
Federal Court Decisions98. (1) Les règles établies en application de l'article 97 peuvent faire l'objet de directives du commissaire. [...] [28] As noted above, the Respondent Commissioner had delegated to the Respondent Price the authority to deal with matters pursuant to section 80 of the Regulations. [...] I see no breach of procedural fairness arising from the manner in which the Applicant pursued his request.
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464.
Canada (Attorney General) v. Fabrikant - 2019 FCA 198 - 2019-07-05
Federal Court of Appeal DecisionsIt is true that the respondent has drawn me a great deal recently—but not exclusively so. [...] [16] As I am otherwise satisfied that I can hear and decide this matter fairly and impartially and can be seen to do so, the motion for recusal will be dismissed. [...] • Preserve the Court’s powers to act further, when necessary, to adjust the vexatious litigant order, but only in accordance with procedural fairness.
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465.
Granite Bay Charters Ltd. v. The Queen - 2001-06-12
Tax Court of Canada JudgmentsThe revision related solely to the fair market value of the Greenstone shares. [...] Mr. Huxham concluded that the fair market value determined by the arm's length offer from Dougan Loggins Ltd. was a better gauge of fair market value than his previous estimate. [...] (i) a disposition of any property to a person with whom that corporation was dealing at arm's length, or
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466.
Khoury Real Estate Services Ltd. v. Canada (Public Works and Government Services) - 1996-10-03
Federal Court DecisionsA third issue concerns the substance of the application, including a consideration of the application of the principle of fairness in this case. [...] I deal with each of these issues in turn, determining each in order that all issues now raised be resolved. [...] In the invitation for proposals, PWGSC clearly reserved its authority to deal with any tenderer, or to decline to accept any proposal.
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467.
Ayangma v. Canada (Attorney General) - 2012 FCA 213 - 2012-07-26
Federal Court of Appeal Decisions[8] In both the Federal Court and in this Court, the parties agreed that in exercising its screening powers under sections 41 and 44 of the Act in this case, the Commission was obligated to investigate and deal with all of the subject-matters in Dr. Ayangma’s complaint and to afford him procedural fairness throughout. [...] It can only be understood from the fairly complicated analysis that precedes it. [...] ● breached the principles of procedural fairness and natural justice in failing to conduct a fair and neutral investigation and analysis of his various complaints.
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468.
Dow v. Canadian Nuclear Safety Commission - 2021 FCA 117 - 2021-06-11
Federal Court of Appeal DecisionsShe further asserts that the CNSC’s investigation breached the duty of procedural fairness owed to her by failing to make her aware of the case that she had to meet, and by denying her a full and fair opportunity to respond to the evidence against her. [...] Under subsections 19.4(1), (2) and (3), the Commissioner “must decide whether or not to deal with a complaint”, and must provide written notice and reasons to the complainant for a decision not to deal with a complaint. [...] The CHRA provides statutory criteria for dealing with complaints and sets out procedures addressing the participatory rights of complainants.
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469.
White v. The Queen - 2020 TCC 22 - 2020-02-04
Tax Court of Canada Judgments(c) another person with whom the transferor was not dealing at arm's length, [...] (c) a person with whom the person was not dealing at arm's length, the following rules apply: [...] A person with whom the transferor was not dealing at arm’s length. 4) 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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470.
Segasayo v. Canada (Public Safety and Emergency Preparedness) - 2007 FC 372 - 2007-04-11
Federal Court DecisionsIn particular, the applicant argues that section 87 of the Act is the only section that deals with secret evidence, and that section 87 does not refer to section 35 of the Act. [...] [22] That being said, I wish to emphasize that the amount of secret evidence in this file is fairly limited. [...] [32] As such, I maintain my position that there was no breach of the applicant’s right to procedural fairness in the case before us.
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471.
Rally v. Telus Communications Inc. - 2013 FC 858 - 2013-08-12
Federal Court Decisions[12] I will first deal with the specific reproach made by the applicant that she was not allowed to make an opening statement. [...] But I wont deal with the motion until we come back on the, whatever date it is. [...] [36] At paragraph 32 of the impugned decision, the tribunal deals specifically with the applicant’s credibility and notes in this regard:
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472.
882885 Ontario Limited v. The Queen - 2007 TCC 131 - 2007-03-05
Tax Court of Canada JudgmentsHe said a "cash deal" was never discussed. The third option (C) was a five year lease to the City at an annual rent of $72,500 per year "triple net basis", with options to renew or purchase at fair market value. [...] [20] A municipal government and its citizens deal with each other at arm's length. [...] [97] Ordinarily, the fair market value of a property is what a buyer and seller dealing at arm's length within the meaning of the above definitions agrees is the price for the property.
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473.
Marek v. Canada (Attorney General of) - 2002 FCT 1119 - 2002-10-29
Federal Court DecisionsThis conclusion, in a sense, deals with the subsequent motion to add material. [...] As I understand it there is, here, no jurisdiction question, but merely the question of whether the procedure is fair and expeditious. [...] Judicial review does not deal with the merits and a favourable result to an inmate would simply return the matter for redetermination to the tribunal appealed from.
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474.
Djilani v. Canada (Foreign Affairs) - 2017 FC 1178 - 2017-12-21
Federal Court Decisions[95] The Court cannot find that the principles of procedural fairness were violated. [...] (a) deal, directly or indirectly, in any property, wherever situated, of any politically exposed foreign person; [...] (b) enter into or facilitate, directly or indirectly, any financial transaction related to a dealing referred to in paragraph (a); or
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475.
Bailey v. Canada (Citizenship and Immigration) - 2014 FC 315 - 2014-04-01
Federal Court Decisions[24] Section 11.1 relates to “Procedural Fairness.” It states in relevant part: [...] Officers must follow procedural fairness when making a decision. Officers should: [...] The Respondent is asking the Court to accept what was, in my view, a travesty of procedural fairness in this case.