11,315 result(s)
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4,751.
Eksal v. Canada (Attorney General) - 2005 FC 741 - 2005-05-25
Federal Court DecisionsIn the case before me, I am dealing with jobs described as MG-606 (MG-0606 is also used to render this exercise even more confusing) which carry a classification of MG-05, or level 5 within the general heading of Management Group (MG). [...] . . . As evidenced by a comparison of the job description and the criteria, the grieved job only meets two of the criteria of Degree 6: promoting a fair and equitable work environment; and promoting a work environment that supports continuous development. [...] The anomalies in a large and complex classification structure cannot be the driving force to a fair classification system; this would be akin to classifying to the lowest common denominator rather than to an objective set of criteria set out in established job descriptions.
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4,752.
Lai v. Canada (Minister of Citizenship and Immigration) - 2005 FC 179 - 2005-02-08
Federal Court Decisions1. Did the Respondent breach the rules of natural justice or procedural fairness by not providing full disclosure to the Applicant? [...] It is submitted that this conduct is a breach of natural justice or procedural fairness. [...] [23] In my view, since the basis for the claim (namely persecution at the hands of the employer and the Public Security Bureau) was found to be not credible, the Board was not required to deal with this issue.
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4,753.
Hundal v. Canada (Minister of Citizenship and Immigration) - 2003 FC 884 - 2003-07-16
Federal Court DecisionsIt is therefore said that the actions of the presiding member were such that Mr. Hundal was denied a fair hearing, and that the actions of the presiding member led to a reasonable apprehension of bias. [...] Third, the presiding member required the hearings officer to make his closing submissions first, out of expressed concern that fairness required that the consultant understand all of the issues. [...] The presiding member then proceeded to deal with the admissibility of the evidence that had not been disclosed in accordance with the rules of the IAD. The presiding member declined to allow any of the documents into evidence.
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4,754.
Robertson v. Canada (Minister of National Revenue) - 2003 FCT 16 - 2003-01-10
Federal Court Decisionsthe fairness provision of the Income Tax Act and proposed a repayment schedule for his outstanding [...] administer the tax system more fairly by allowing for the application of common sense [...] in dealing with taxpayers who, because of personal misfortune or circumstances beyond
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4,755.
Nussey Estate v. The Queen - 1999-10-04
Tax Court of Canada Judgments4. Prior to his death, Arnold William Nussey owned 100,000 Class 1 shares of Nussey Transport Limited which had been purchased on March 1, 1991 from his sons, Arnold Murray Nussey and George Alfred Nussey at their fair market value of $900,000.00. [...] 5. A promissory note for the fair market value of the shares was given by Arnold William Nussey to Arnold Murray Nussey and George Alfred Nussey ($450,000.00 to each). [...] (ii) it was the intention of A.W. and his sons that a buyout would occur on death in order to keep the business in one branch of the family so the brothers or their successors would not have to deal with spouses or in-laws.
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4,756.
Gautam v. Canada (Minister of Citizenship and Immigration) - 1999-04-29
Federal Court Decisions[16] IE 9.07 of the Immigration Manual deals with claims based on humanitarian and compassionate grounds under subsection 114(2). [...] Alternatively, it might be said, by basing her decision on the earlier claims the officer had failed to discharge that aspect of the duty of procedural fairness that requires a decision-maker to investigate a claim with reasonable thoroughness. [...] However, as I have already noted, officers are subject to a minimal standard of procedural fairness when considering subsection 114(2) applications, and I am unable to conclude that the officer in this case failed to give to the applicants' claim the level of scrutiny to which they were in law entitled.
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4,757.
Makowetski v. The Queen - 1998-04-09
Tax Court of Canada JudgmentsThey entered into a written separation agreement dated November 28, 1986 dealing with matrimonial property and other matters and then provided lump sum payments to the wife out of one-half of the net sale proceeds of the house and [...] Accordingly I would be very happy to know that, if my discussions and arrangements with interested parties lead to ... a financial arrangement acceptable to both parties you will be prepared to instruct your Quantity Surveyor to negotiate fair and reasonable contract sums in respect of each of the three projects as they [...] In this case the lease in question gave the lessee the option of renewal for another five years and provided that, with respect to the rent for the renewed term, the parties agreed to negotiate and to fix it at a "fair and reasonable amount".
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4,758.
Kumar v. Canada (Citizenship and Immigration) - 2024 FC 288 - 2024-02-22
Federal Court Decisions(1) Did the RAD violate the Applicants' right to procedural fairness? [...] C. Procedural Fairness [22] The duty to act fairly comprises two components: 1) the right to a fair and impartial hearing before an independent decision-maker and 2) the right to be heard (Fortier v Canada (AG), 2022 FC 374 at para 14 [Fortier]; Therrien (Re), 2001 SCC 35 at para 82 [Therrien]. [...] A. Did the RAD violate the Applicants' right to procedural fairness?
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4,759.
Fang v. Canada (Citizenship and Immigration) - 2014 FC 196 - 2014-02-27
Federal Court Decisions[6] On June 17, 2013, the Applicant’s response to the procedural fairness letter was received by letter dated May 28, 2013. [...] [7] On that same day, the Immigration Officer reviewed the Applicant’s response to the procedural fairness letter and denied the CEC Application. [...] As will be seen, it will not be necessary to deal with the third issue since the first one decides the matter.
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4,760.
Chisholm v. Canada (Customs and Revenue Agency) - 2005 FC 303 - 2005-02-25
Federal Court DecisionsThe Income Tax Act has to be applied equally and fairly to all taxpayers. [...] In addition, we would have to do this for each and every court case in order to be fair to all taxpayers. [...] Paragraph 6(1)(f), upon which counsel for the respondent expressly declined to rely, deals specifically and in detail with disability benefits payable on a periodic basis.
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4,761.
Jones v. Canada (Chief of Defence Staff) - 2022 FC 1106 - 2022-07-25
Federal Court DecisionsFirst, she asserts that she has been denied procedural fairness. She contends that her release has been fast-tracked while her grievance has been delayed due to insufficient resources at the MGERC. Second, she asserts that it is inevitable that the Directives will be changed to remove the vaccine mandate in view of changes [...] Concerns about procedural fairness or bias, the presence of an important constitutional issue, or jurisdictional issues are not exceptional circumstances allowing parties to bypass an administrative process, as long as that process allows the issues to be raised and an effective remedy to be granted: CP Powell at para 33. [...] [47] Further, I agree with the Respondent that the two cases cited by the Applicant (Duvall SP (Captain), R v, 2017 CM 2008 at para 19; Humphrey B (Ex- Private), R v, 2011 CM 1009 at para 8) which deal with court martial sentencing are not of assistance.
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4,762.
Madison Pacific Properties Inc. v. Canada - 2019 FCA 19 - 2019-01-30
Federal Court of Appeal Decisionstax rulings directorate and/or the GAAR Committee of the CRA and the legislative division of the Department of Finance for the period 2001 through 2012 “with respect to the legislative scheme dealing with so-called corporate loss trading, tech wrecks, transfer of corporate losses, whatever the colloquial terms might be”. [...] f) The examining party is entitled to have any information, and production of any documents, that may fairly lead to a train of inquiry that may directly or indirectly advance his case, or damage that of the opposing party: Lloyd M. Teelucksingh v The Queen, 2010 TCC 94 at paragraph 15. [...] Thus, while it may well be incumbent on the Minister to set out the disputed policy in the Minister’s pleadings as a matter of fairness, as was held in Birchcliff Energy Ltd. v. Canada, [2013] 3 C.T.C. 2169, [2012] T.C.J. No. 354 (per C. Miller J.), cited with approval in Superior Plus Corp. v. The Queen, 2015 TCC 132 at
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4,763.
Pham v. Canada (Citizenship and Immigration) - 2018 FC 1251 - 2018-12-12
Federal Court Decisions[27] There is a wealth of jurisprudence dealing with extensions of time under IRPA, or under the Federal Courts Act and Rules. [...] At the heart of that case was a fresh interpretation the Supreme Court of Canada gave in B0110 v Canada (Citizenship and Immigration), 2015 SCC 58, [2015] 3 SCR 704 to another section of IRPA - section 27(1), which deals with, amongst other things, people-smuggling and trafficking in persons. [...] At the heart of natural justice is the right of a party to be given a fair opportunity to make its case, or defence, before an impartial decision-maker.
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4,764.
Saskatchewan Wheat Pool v. The Queen - 2008 TCC 8 - 2008-01-15
Tax Court of Canada Judgments[17] We are, of course, not dealing here with a so-called “secondary intention”. [...] We are dealing with an uncontradicted assertion that the Pools intended to sell the section 26 property as soon as possible after it was surrendered to them. [...] I do not think that it can fairly be said on the evidence that their purpose was to sustain a loss.
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4,765.
Canada (Minister of Human Resources Development) v. Hogervorst - 2007 FCA 41 - 2007-01-15
Federal Court of Appeal DecisionsAlthough they deal with different periods, the RT-1 and RT-2 decisions are necessarily related as they both deal with the issue of the respondent’s disability. [...] [27] The challenge to the RT-1 decision, if allowed to proceed, can lead to an intolerable and prejudicial situation, both from the perspective of public interest and fairness to the appellant. [...] This would have ensured fairness to the appellant and increased the likelihood of a more enlightened decision as well as promoted the credibility of the Board itself.
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4,766.
Tardif v. The Queen - 2006 TCC 314 - 2006-06-15
Tax Court of Canada JudgmentsIn the case at bar, his bookkeeping left a good deal to be desired and a number of documents to substantiate transfers from the corporations to his personal account were missing. [...] (B) there are no other differences between the terms and conditions of the classes of shares that could cause the fair market value of a share of the particular class to differ materially from the fair market value of a share of the other class, [...] (iii) a person or partnership to or for whom or which the services were or were to be provided or performed by the corporation or a person (other than the debtor) who does not deal at arm's length with that person or any member of that partnership,
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4,767.
Buffalo v. Bruno - 2005 FC 1429 - 2005-10-21
Federal Court Decisions[23] Dealing with the opinions expressed by the Affiants, the Appeal Board members were in no better position to interpret legislation than this Court. [...] [33] As I said in granting the interim injunction, the Appeal Board, like any other tribunal, is bound by the principles of natural justice and the duty of fairness. [...] This constitutes a breach of natural justice and fairness, and is a reviewable error which warrants setting aside the Appeal Board's decision.
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4,768.
Ngo v. Canada (Attorney General) - 2005 FC 49 - 2005-01-17
Federal Court Decisions[14] S. 135(5) of the Act deals with revocations of parole it provides: [...] (f) that offenders be provided with relevant information, reasons for decisions and access to the review of decisions in order to ensure a fair and understandable conditional release process. [...] An applicant re-entering the crime scene is a danger to society, dealing with him by reprimand will not protect society.
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4,769.
Caron v. Queen - 2003-01-28
Tax Court of Canada JudgmentsDr. Caron said he had never noticed the omission of the unreported income and said he had a fairly poor understanding of figures. [...] [26] Let us deal now with the matter of the allowable business investment loss. [...] It seems fairly surprising to me that Dr. Caron agreed to pay an amount of $10,000 if the contract indicated, as he claimed, that the purchaser was Docteur Océan.
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4,770.
Canada (Attorney General) v. Buchanan - 2002 FCA 231 - 2002-05-31
Federal Court of Appeal DecisionsShe also found that the psychiatrist misunderstood and misinterpreted the provisions of the Income Tax Act dealing with disability in completing the certificate. [...] [10] It is not necessary to deal with the question of bias and I make no finding in that regard. [...] (iii) le fait de parler de façon à se faire comprendre, dans un endroit calme,
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4,771.
Benitez v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 1307 - 2001-11-28
Federal Court Decisions; and Did the removals officer breach the principles of fairness by conducting the interview of the applicant with a lack of sensitivity and attentiveness to the applicant's psychological problems? [...] [14] Counsel also raises another case dealing with the previous Immigration removals régime. [...] I have to deal with it. [26] Then, at page 33, line 22 to page 34, line 1, the Officer stated:
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4,772.
Caceres v. Canada (Minister of Citizenship and Immigration) - 1998-09-28
Federal Court DecisionsE. was a nineteen year member of the National Police anti-subversive unit whose mandate was to deal with the terrorist acts of the Sendero Luminoso and yet he made no effort to seek police protection for him and his family. [...] Given the violent way in which the Sendero Luminoso deal with those who threaten its interests, the panel finds it implausible that nothing happened to E. for one year prior to leaving Peru and nothing happened to R. from June 1989 until he and his friends were fired upon by unknown persons in a passing car in September [...] Arrest Warrant and the Duty of Fairness [22] The applicants take particular issue with the way in which the CRDD dealt with the arrest warrant and have alleged that its treatment in the decision amounts to an error of law and a breach of the duty of fairness.
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4,773.
Havana House Cigar & Tobacco Merchants Ltd. v. Naeini - 1998-03-09
Federal Court DecisionsThat line of authority deals with registered copyrights where the particulars are readily obtained from the registration. [...] It has, in my view, been fully established that the allegations in paras. 9(b) and 10(b) are frivolous and vexatious and may prejudice or embarrass a fair trial and constitute an abuse of the court. [...] To mention just several reasons, it is only fair that counsel for the Defendants have a full set of documents to consider in preparing for examination for discovery.
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4,774.
McCutcheon v. Haufschild - 1998-02-18
Federal Court Decisions[3] The Defendant, Mr. Haufschild, wishes further examination for discovery of Ms. McCutcheon in order to deal with new allegations in the statement of claim and with one hundred and three recently produced documents and bundles of documents which supplement the twenty-nine documents produced under cover of the Plaintiff's [...] Now in some instances the infringement is fairly obvious, but in others it is not. [...] It would save a good deal of time for the Court, if this matter does go to trial, if the parties could narrow down the part or the substantial part of the Defendant's collages which infringes.
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4,775.
NCS Insternational Inc. v. Canada - 1996-10-16
Federal Court DecisionsIn my respectful view, the position of the plaintiffs rests more importantly on the doctrine of equity and fair dealing. [...] Assuming for the moment that the Crown's role in dealing with the plaintiff's application is discretionary, such power is not unfettered. [...] It might have been purely a judgment call by the Crown to refuse, but certain it is that one of the elements thrown into the hopper at that time was the maintenance of equity and fairness among all persons liable to the new tax.