11,315 result(s)
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4,901.
Aduvala v. The Queen - 2005 TCC 665 - 2005-10-24
Tax Court of Canada JudgmentsHowever in April 2002 the Appellant filed an application seeking relief under the Fairness provisions of the Act. As a result of this Fairness application, the staff code was reinstated on the Appellant's account on May 21, 2002. [...] Ms. Wilcox stated that this stall code should have been removed from the Appellant's account once a determination had been made on the Fairness application but it remained on his account. [...] According to the affidavit of Lindsay Wilcox the problems arose once the Fairness determination was made but the stall code was not removed.
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4,902.
Burcatii v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 486 - 2001-05-16
Federal Court DecisionsApplying the Chatrova decision, I agree that in the circumstances of this case, the visa officer's assessment was reasonable and that no breach of the duty of fairness occurred. [...] "2. The duty of fairness The applicant has worked for the same State employer for his entire career, and thus has never sought employment in an open economy. [...] [24] In his memorandum, the Applicant alleges that the visa officer improperly considered internal reports of the Embassy dealing with Moldovan agriculture without disclosing them to him.
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4,903.
Yep v. Canada (Minister of Citizenship and Immigration) - 1998-07-23
Federal Court DecisionsThe duty of fairness owed to the applicant may require that such an opportunity be given." [...] "A document is relevant to an application for judicial review if it may affect the decision that the court will make on the application, as the decision of the court will deal only with grounds of review invoked by the respondent. [...] Presumably, among the vast population of China, there are also other people who can start from humble beginnings and rise -- if they have a fair hearing, a fair chance.
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4,904.
Sanofi Pasteur Limited v. Canada (Attorney General) - 2011 FC 859 - 2011-07-08
Federal Court DecisionsAt best, I believe that these comments should be read keeping in mind that the Board had to deal with “the two faces of this coin”. [...] Thus, it is fair to reframe this question simply as whether or not the decision made was reasonable. [...] This is an aspect of procedural fairness in administrative law. If the bases underlying the decision are withheld, a party cannot assess whether the bases give rise to a ground for review.
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4,905.
Scott Slipp Nissan Ltd. v. Canada (Attorney General) - 2005 FC 1477 - 2005-10-31
Federal Court DecisionsOn the other hand, it may also deny taxpayers' rights and the opportunity to deal more knowledgeably and earlier with the issues in its tax dispute. [...] The goal of the process includes assurance that the assessment process is fair, to resolve tax issues without resorting to litigation and to narrowing any issues to be litigated. [...] c) fournir, mais uniquement en vue de la gestion d'un régime de pension agréé, l'attestation visée à l'alinéa 147.1(10)a), ou le refus de la faire, à la personne qui la demande;
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4,906.
Lhamo v. Canada (Citizenship and Immigration) - 2016 FC 873 - 2016-07-25
Federal Court DecisionsS’il ne peut le faire, il en donne la raison et indique quelles mesures il a prises pour se procurer de tels documents. [...] S’il ne peut le faire, il en donne la raison et indique quelles mesures il a prises pour s’en procurer. [...] [32] Throughout its Decision, as it deals with each document in turn, the RAD makes frequent reference to a lack of security features.
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4,907.
Shortreed v. Warkworth Institution - 2013 FC 304 - 2013-03-25
Federal Court Decisions[40] There is a great deal in the background of this matter that is unsatisfactory and unexplained. [...] To support the resolution of offender complaints and grievances promptly and fairly at the lowest possible level in a manner that is consistent with the law. [...] It would be perverse and unkind not to deal with shoes and slippers at the same time.
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4,908.
Société Telus Communications v. Peracomo Inc. - 2011 FC 494 - 2011-04-27
Federal Court DecisionsIt is fairly common for these crab-cage anchors to hook onto debris on the river bottom such as ship lines which may have parted and been abandoned. [...] The Hamburg Rules deal with “loss, damage, or delay.” In that context one can certainly distinguish between loss and damage. [...] However, the English cases must also be approached with caution as they deal with reckless conduct, not intentional conduct.
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4,909.
TMR Energy Ltd. v. Ukraine - 2005 FCA 28 - 2005-01-24
Federal Court of Appeal Decisions[32] I will deal first with TMR's argument that SPF's motion was made out of time. [...] [45] Rules 56 to 60 deal with non-compliance with the Rules. They read as follows: [...] The moving party must state its own case fairly and must inform the Court of any points of fact or law known to it which favour the other side.
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4,910.
Canada (Attorney General) v. Tremblay - 2004 FCA 175 - 2004-05-03
Federal Court of Appeal DecisionsI will therefore deal with those paragraphs; first, however, some facts. [...] The judge did not deal with it in that context. In fact, on this point he simply said, at paragraph 212 of his decision: [...] However, in view of the period of fluctuation and uncertainty in which the respondents were, I think it is only fair not to impose on them the costs of these applications for judicial review.
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4,911.
Pilotes du St-Laurent Central Inc. v. Laurentian Pilotage Authority - 2003 FC 1470 - 2003-12-15
Federal Court Decisions[9] The contract contained an Appendix A dealing with pilotage fees. [...] [18] The Court has had an opportunity to summarize the rules of precedent pertaining to these provisions in a fairly recent case involving the same parties as the case at bar. [...] [38] The final conclusion of the award deals directly with the mandate and reads as follows, at paragraphs 151 and 152:
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4,912.
Bari v. Canada (Citizenship and Immigration) - 2014 FC 862 - 2014-09-11
Federal Court Decisions[24] Moreover, the Officer did not address all of the Applicants’ dealings with the police. [...] Indeed, she found that “[a] fair reading of the documentary evidence indicates that the central government is motivated and willing to implement measures to protect the Roma, but these measures are not always implemented effectively at the local or municipal level” (para 21). [...] First, she focused on legislative changes that were put in place in order to deal with the discrimination against Roma, and even listed a litany of ameliorative redress mechanisms, without assessing the real impact of these measures.
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4,913.
CUPE, Air Canada Component v. Air Canada - 2009 FC 12 - 2009-01-06
Federal Court DecisionsThe formal complaint to the employer as later conveyed to Transport Canada was made, however, under s. 127.1 dealing with alleged contraventions of Part II of the Code. [...] (9) L’agent de santé et de sécurité saisi de la plainte fait enquête sur celle-ci ou charge un autre agent de santé et de sécurité de le faire à sa place. [...] Pursuant to section 134, the Board has exclusive jurisdiction to deal with contraventions of paragraph 147(a) of the Code (disciplinary measures).
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4,914.
Canada (Attorney General) v. Berhe - 2008 FC 967 - 2008-08-26
Federal Court Decisions[2] The underlying consideration, however, which, as it seems to me, must be borne in mind in dealing with any application of this kind, is whether, in the circumstances presented, to do justice between the parties calls for the grant of the extension. [...] This Court is not dealing with the merits of his decision but whether his has exercised his discretion by taking into account relevant considerations. [...] This had been referred to as the basic rule to be observed when dealing with an application for leave to extend the time.
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4,915.
Froom v. Canada (Minister of Justice) - 2002 FCT 367 - 2002-04-02
Federal Court Decisions[3] The parties agreed at the hearing of the motion that it would be more efficient to await disposition of the Minister's request to strike out the application before dealing with the alternative relief. [...] It is the minister's statutory responsibility under s. 7 of the Act to deal with the request. [...] Their decision, although significant, is only a preliminary step in a process which guarantees procedural fairness to the person impacted.
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4,916.
Jankovic v. Canada (Citizenship and Immigration) - 2022 FC 857 - 2022-06-08
Federal Court Decisions[15] For issues of procedural fairness, the Respondent submits that “the true question raised when procedural fairness and the duty to act fairly are the object of an application for judicial review is not so much whether the decision was ‘correct’, but rather whether, taking into account the particular context and [...] [10] ...There is a rebuttable presumption that a tribunal member will act fairly and impartially. [...] • Based on the decisions from the Croatian courts, the amount of drug that the Applicant was alleged to be dealing was far greater than 7.082 grams; and hence the Applicant already had the benefit of a conservative error made by the RPD;
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4,917.
Thorne v. Canada (Indigenous and Northern Affairs) - 2017 FC 1116 - 2019-10-04
Federal Court Decisions[35] The Appellant argues that it is not fair or proportionate to deal with the wills of Indians ordinarily resident on reserve differently from those who are not ordinarily resident on reserve. [...] [37] The Charter challenge is couched in the language of procedural fairness. [...] [40] With respect to the Appellant’s argument on procedural fairness, he was provided with numerous opportunities to make submissions which were fully and fairly considered.
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4,918.
Sweet v. Canada (Attorney General) - 2005 FCA 51 - 2005-02-07
Federal Court of Appeal DecisionsThe Discharge Decision - The Duty of Procedural Fairness [29] This is not to say that Mr. Sweet will not be afforded the benefits of procedural fairness with respect to the decision to discharge him from the RTC Programme. [...] One is to remit the matter to the Applications Judge for a determination of the procedural fairness question. [...] Since the institutional head has expertise in dealing with these types of behavioural issues, some deference should be accorded to the decision-making processes that have been created.
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4,919.
Chopra v. Canada (Attorney General) - 2002 FCT 787 - 2002-07-12
Federal Court Decisions[7] The complaint on which the case at bar is focussed deals with events that have taken place since 1992. [...] [33] The Applicant contends that the principles of procedural fairness were violated. [...] On that basis, procedural fairness was effectively denied to the Applicant.
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4,920.
1455257 Ontario Inc. v. Canada - 2021 FCA 142 - 2021-07-14
Federal Court of Appeal DecisionsThe transferee’s liability is limited to the excess of the fair market value of the property transferred over the fair market value of the consideration given for the property. [...] (c) a person with whom the person was not dealing at arm’s length, c) une personne avec laquelle elle avait un lien de dépendance, [...] (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
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4,921.
Byrd v. Canada (Attorney General) - 2016 FC 1380 - 2016-12-16
Federal Court DecisionsIn my view, the criteria that have been established are fair and reasonable and are to be applied in all cases. [...] [62] The selection criteria issue deals with the extent to which the Applicant met minimum course requirements concerning CAFJOD. CAFJOD has six parts. [...] 29.11 The Chief of the Defence Staff is the final authority in the grievance process and shall deal with all matters as informally and expeditiously as the circumstances and the considerations of fairness permit.
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4,922.
Bell Canada v. Canada (Attorney General) - 2016 FCA 217 - 2016-09-02
Federal Court of Appeal DecisionsAccordingly, the Attorney General has not raised in A-67-16 dealing with the Second Policy, a preliminary argument with respect to the remedial regime. [...] [37] In any event, although this is not strictly necessary given my views on prematurity, I would venture to add that there has been no breach of procedural fairness by the Commission. [...] This is not the kind of decision that typically attracts a high level of procedural fairness.
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4,923.
Capital Vision Inc. v. Canada (Minister of National Revenue) - 2002 FCT 1317 - 2002-12-19
Federal Court DecisionsThe Minister claims that this strategy allowed purchasers to buy works of art at 28 to 33 per cent of their alleged fair market value, then donate these art works to charity, in return for charitable donation receipts based on 100 per cent of the alleged fair market value of the works. [...] In my view, it is arguable that the recipient of a Requirement is entitled to a fair notice as to the purpose for which the Minister purports to exercise his powers under subsection 231.2(1). [...] In my opinion, the Minister here has failed to objectively establish that he had fairly stated his purpose in issuing the new requirements.
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4,924.
AB v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 471 - 2002-04-26
Federal Court DecisionsIt has also found that my client enjoys a high profile in their common country, and the evidence showed that the press has taken a great deal of interest in my client's situation in Canada. [...] [37] The respondent submits that the applicant was allowed to make submissions in accordance with the principles of procedural fairness. [...] I propose to deal with the issues as framed by the applicant. 1. Is the Board's decision to disclose the applicant's personal information unlawful, in that the disclosure was for a purpose and to an extent not permitted under the Privacy Act, supra?
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4,925.
Lundbeck Canada Inc. v. Ratiopharm Inc. - 2009 FC 1102 - 2009-11-23
Federal Court DecisionsAn obligation arises on those seeking to gain a patent to act in good faith when dealing with the Patent Office. [...] This disclosure, as the Supreme Court has said, should be full, frank and fair. [...] It is to be expected that there will be full, frank and fair disclosure.