11,315 result(s)
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4,926.
VIA Rail Canada Inc. v. Canadian Transportation Agency - 2005 FCA 79 - 2005-03-02
Federal Court of Appeal Decisions[17] Fourth, VIA submits that its procedural fairness rights were denied when the Agency refused to grant an oral hearing. [...] Concerning expertise, the Agency has the necessary expertise to deal with this complaint. [...] [118] VIA had provided no information explaining how it would deal with these issues.
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4,927.
Olkowski v. College of Patent Agents and Trademark Agents - 2024 FC 1331 - 2024-08-28
Federal Court Decisions[31] Rule 8 of the CPATA Code also includes the following provision relating to an agent’s dealings with unrepresented individuals: [...] 3 When an agent deals on a client’s behalf with an unrepresented person, the agent must [...] a) il conseille à cette personne de faire appel à une représentation indépendante;
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4,928.
Mediatube Corp. v. Bell Canada - 2018 FCA 127 - 2018-06-28
Federal Court of Appeal DecisionsThe judge can decline to deal with the motion and adjourn it to the appeal panel for its consideration. [...] Rule 3 injects into the analysis the concepts of fairness, avoidance of delay, cost-effectiveness, and a preference for adjudication of the real merits of cases. [...] The imposition of terms is a handy tool to promote fairness and mitigate prejudice, while allowing the court to get at the real issues in the case.
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4,929.
Ling Du v. Canada (Citizenship and Immigration) - 2012 FC 1094 - 2012-09-19
Federal Court DecisionsThe Board noted that it would not be appropriate for a visa officer to interfere with an applicant’s decision about the form of representation employed in dealing with a visa office. [...] The question to be determined on issues of natural justice and procedural fairness is whether the impugned procedure was fair. [...] a) ou bien le répondant a été informé que l’étranger pouvait faire l’objet d’un contrôle et il pouvait faire en sorte que ce dernier soit disponible, mais il ne l’a pas fait, ou l’étranger ne s’est pas présenté au contrôle;
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4,930.
Canada v. Proulx - 2011 FC 1231 - 2011-10-28
Federal Court Decisions[9] On June 27 and 28, 2011, Mr. Northcote, a chartered accountant retained by Mr. Proulx to deal with the audits, filed notices of objection for all three re-assessments. [...] [30] Once again, I agree with Mr. Proulx that the Minister did not make full and fair disclosure to the Court. [...] In any event, it is undoubtedly fair to say that the Minister’s representations were not compliant with the standard expected in an ex parte proceeding.
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4,931.
Canada (Attorney General) v. Beyak - 2011 FC 629 - 2011-05-31
Federal Court Decisionsque la fonction publique a contribué à bâtir le Canada et continuera de le faire dans l’avenir tout en rendant des services de haute qualité à sa population; [...] ... que le pouvoir de faire des nominations à la fonction publique et au sein de celle-ci est conféré à la Commission de la fonction publique et que ce pouvoir peut être délégué aux administrateurs généraux; [...] 82. Le Tribunal ne peut ordonner à la Commission de faire une nomination ou d’entreprendre un nouveau processus de nomination.
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4,932.
Hospira Healthcare Corporation v. Canada (Attorney General) - 2010 FC 213 - 2010-02-25
Federal Court Decisions5. Did Health Canada breach its duty of procedural fairness to the applicant? [...] Part C of the Food and Drug Regulations deals with drugs. Section C.08.002 reads as follows: [...] [61] Because of my findings above, I need not deal with whether mandamus would have been available as a remedy.
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4,933.
Drolet v. Canada - 2006 FC 355 - 2006-03-17
Federal Court DecisionsIt is up to the judge responsible for applying subsection 24(1) of the Charter to assess whether the pension that might be awarded is appropriate and fair in regard to the circumstances, or if it would be appropriate to add further compensation. [...] It is up to the judge responsible for applying subsection 24(1) of the Charter to assess whether the pension that might be awarded is appropriate and fair in regard to the circumstances, or if it would be appropriate to add further compensation. [...] The various facts and circumstances put forward could serve to illustrate or establish the existence of this systemic failure to consider, deal with, and treat this particular type of injury or ailment.
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4,934.
Biovail Pharmaceuticals v. Canada (Ministry of National Health and Welfare) - 2005 FC 9 - 2005-01-06
Federal Court DecisionsWhere it can fairly be said that all possible causes have been canvassed, the strongest must be the winner. [...] The patent system is designed to be fair and predictable in its operation. [...] [64] This application which deals with the 100mg bupropion hydrochloride tablets was heard at the same time as Glaxosmithkline Inc. and The Wellcome Foundation Limited v. The Minister of Health and Novopharm Limited, T-503-03, which deals with the 150mg tablets.
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4,935.
Urbandale Realty Corp. v. Canada - 2000-02-10
Federal Court of Appeal Decisions[17] Dubé J. further stated that, in view of this holding, it was not necessary to deal with the respondent"s alternative contention that the RDC was paid "in respect of a period" after 1986 and that its deduction was accordingly denied by paragraph 18(9)(a ).15 [...] [12] The taxpayer did not seek to claim a business loss on this basis, presumably because the fair market value of the lands in question had not fallen below their cost. [...] In any event, no evidence was presented as to the fair market value of the lands at the end of 1986.
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4,936.
Singh v. Canada (Citizenship and Immigration) - 2023 FC 1078 - 2023-08-04
Federal Court DecisionsIn April 2019, Mr. Singh’s home was raided by the police; he was detained, beaten, given electric shocks, tortured, threatened and accused of being involved with “anti-national elements, dealing in drugs.” Only the payment of further bribes by his parents could secure his release. [...] [10] The RAD found that Mr. Singh identified no examples of how his right to a fair hearing was denied. [...] To be clear, Mr. Singh does not dispute the fairness of the proceedings before the RAD, but rather the RAD’s decision in upholding what he claims to be a breach of procedural fairness by the RPD in not granting his request for a postponement of his hearing.
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4,937.
Bahr v. Canada (Citizenship and Immigration) - 2012 FC 527 - 2012-05-03
Federal Court DecisionsThis breached her right to procedural fairness, so the Decision must be returned. [...] This factor militates in favour of more relaxed requirements under the duty of fairness. [...] In this case, the Respondent was dealing with one of several thousand visa applications it receives in Beijing each month.
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4,938.
Lirette v. The Queen - 2008 TCC 593 - 2008-10-29
Tax Court of Canada Judgments[4] Generally, in dealing with a claim for a BIL or a capital loss, the property that was acquired (and the disposition of which gave rise to the loss) can be readily identified. [...] In that return the election was made to deem him to have disposed of some of his investments for proceeds of disposition equal to the fair market value of the investments. [...] (ii) to a person with whom the taxpayer was dealing at arm's length of any property that is
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4,939.
La Survivance v. The Queen - 2005 TCC 245 - 2005-04-26
Tax Court of Canada Judgments14. At the time the shares in Les Clairvoyants were disposed of by La Survivance, Les Clairvoyants was a corporation all or substantially all of the fair market value of whose assets was attributable to assets used primarily in the business that it carried on actively principally in Canada. [...] Rather, it is on the same order as paragraph 69(1)(a) of the Act, which provides that a taxpayer who has acquired property from a person with whom he was not dealing at arm’s length for an amount in excess of its market value is deemed to have acquired it at that fair market value. [...] . . . Having regard to the general scheme of the provisions in which the concept of not dealing at arm's length was employed, as I understand it, and to the expressed legislative intent that the non-arm's length concept extends not only to any case where parties were not, in fact, dealing at arm's length (subsection (5)(b))
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4,940.
Total Energy Services Inc. v. The King - 2024 TCC 12 - 2024-02-02
Tax Court of Canada Judgments[25] In this case, there is no dispute that we are not dealing with a sole transaction but a series of transactions so my reference to the applicable GAAR provisions will reflect that. [...] [75] While I will restrict my analysis to paragraph 111(5) of the Act, the same will apply to the parallel provisions dealing with net capital losses and SR&ED deductions. [...] Fair value was given on the exchange. [110] In Deans Knight, the reduction in the original shareholders equity interest was diluted only by using the mechanism of an Initial Public Offering.
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4,941.
ING Bank N.V. v. Canpotex Shipping Services Limited - 2020 FCA 83 - 2020-05-05
Federal Court of Appeal DecisionsI will deal briefly with this issue, considering that in my view, it also is not determinative. [...] On a fair reading of the Reasons, it is evident that what the Federal Court was looking for was insistence that the Buyer also be bound by its terms. [...] Canpotex has raised no objection with respect to the fairness and reasonability of construing the deeming provision as a grant of authority to OW to bind it vis-à-vis the actual supplier of the bunker.
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4,942.
Blas v. Canada (Citizenship and Immigration) - 2014 FC 629 - 2014-06-27
Federal Court DecisionsHe or she fails to deal with this child's interest as a Citizen of Canada in not being removed to such an environment. [...] [45] The Respondent says that a fair reading of the Decision shows that the Officer did not fail to assess the hardship the Applicants would face from general adverse country conditions. [...] He or she fails to deal with this child's interest as a Citizen of Canada in not being removed to such an environment.
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4,943.
Groupe Axor Ingenierie-Construction Inc. v. Canada - 2003 FCT 797 - 2003-06-27
Federal Court Decisions[8] Article 3 of the tender form filed by the defendant as Exhibit D-1 deals with taxes and reads: [...] [92] I will deal briefly with the other amounts claimed by Axor. (1) Interest [...] [99] Tariff B of the Federal Court Rules, 1998 ("the Rules") deals with counsel's fees allowable on assessment.
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4,944.
Thomson v. Canada (Attorney General) - 2021 FC 606 - 2021-06-15
Federal Court Decisions[60] Likewise, I see no breach of procedural fairness in the process followed by the Board in dealing with the Applicant’s request for reconsideration. [...] [61] Although the Applicant did not directly address procedural fairness in his written argument, he alluded to a breach of procedural fairness in his Notice of Application for Judicial Review as follows: [...] [65] There is no breach of procedural fairness established in terms of the process followed by the Board in making its decision.
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4,945.
Yhdego v. Canada (Citizenship and Immigration) - 2017 FC 1172 - 2017-12-20
Federal Court DecisionsFairness required that he be given a chance to provide an explanation. [...] However, in my view, they are a fair indication, for the purposes of this analysis, of what the applicant said. [...] There is always stress and the people you deal with don’t have the same mentality as I so I decided to leave the country.
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4,946.
Krenbrink Estate v. The Queen - 2014 TCC 22 - 2014-01-27
Tax Court of Canada JudgmentsAt the time of his death he was the annuitant under a Registered Retirement Income Fund with a fair market value of $228,164. [...] I can therefore see how Justice Bowie would have concluded that the failure to plead section 6 would significantly prejudice an appellant who was expecting to fight an appeal dealing with subsection 15(1). [...] Box 18 - This is the fair market value of all the property held by the RRIF at the time of the annuitant’s death.
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4,947.
Yildiz v. Canada (Citizenship and Immigration) - 2013 FC 839 - 2013-07-31
Federal Court Decisions2. Did the Board breach procedural fairness? 3. Did the Board err in rejecting the application? [...] Did the Board breach procedural fairness? The applicant argues the Board breached the duty of fairness by not giving the applicant an opportunity to defend the authenticity of many documents in her evidence. [...] [53] Because of my finding on Issue 2, I need not deal with the third issue.
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4,948.
Beltran v. Canada (Citizenship and Immigration) - 2011 FC 516 - 2011-05-04
Federal Court DecisionsIn my opinion, it would be an abuse of process and offensive to Canadians’ sense of fair play to allow the matter to continue. [...] * The administrative process must be conducted in a manner entirely consistent with the principles of natural justice and procedural fairness (para. 105); [...] In Al Yamani v Canada (Minister of Citizenship and Immigration), 2003 FCA 482, 60 WCB (2d) 313, the Court of Appeal was dealing with a certified question on a report written up under the old Act. The prejudice allegedly suffered was related to stress, anxiety and stigma.
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4,949.
Samuel v. Canada (Citizenship and Immigration) - 2010 FC 223 - 2010-02-25
Federal Court DecisionsMatters of fairness are not to be afforded deference, but the respondent asserts that the decision in question requires only the most basic procedural fairness. [...] [14] The respondent submits that the refusal was reasonable and procedurally fair. [...] [37] Because of my finding on Issue 3, I need not deal with the final issue as noted.
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4,950.
Adler v. The Queen - 2009 TCC 613 - 2009-12-07
Tax Court of Canada JudgmentsI denied the respondent's motions and gave fairly extensive oral reasons. [...] [12] This court and the Federal Court of Appeal have traditionally been fairly liberal in granting amendments.... [...] I do not read Bowman A.C.J.T.C. to purport to lay down fixed rules for dealing with such occurrences.