11,309 result(s)
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476.
Restrepo Benitez v. Canada (Minister of Citizenship and Immigration) - 2006 FC 461 - 2006-04-10
Federal Court Decisions(2) Each Division shall deal with all proceedings before it as informally and quickly as the circumstances and the considerations of fairness and natural justice permit. [...] Accordingly, the Immigration and Refugee Protection Act (IRPA) requires the IRB to deal with proceedings before it informally, quickly and fairly. [...] [63] Subsection 162(2) provides that “[e]ach Division shall deal with all proceedings before it as informally and quickly as the circumstances and the considerations of fairness and natural justice permit”.
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477.
Canada (Attorney General) v. Burnell - 1997-07-02
Federal Court Decisionsiii) the CHRC knew of the complaint as early as June 16, 1992, yet neglected to deal with it at that time; [...] Rather, there must be some concrete basis in fact which demonstrates the delay is so unacceptable or disabling in nature so as to preclude a fair and complete investigation from being conducted. [...] ...The question is simply whether or not on the record there has been demonstrated evidence of prejudice of sufficient magnitude to impact on the fairness of the hearing.
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478.
Canada (Attorney General) v. Blackman - 2016 FC 488 - 2016-05-03
Federal Court DecisionsConsequently, no deference is afforded to the decision in terms of procedural fairness. [...] [36] Strictly speaking, given the Court’s finding on the issue of procedural fairness, it may not be necessary to deal with the issue of reasonableness in the decision made. [...] There is a defect in procedural fairness. [43] The Court therefore finds that the decision made on March 25, 2015, by the independent chairperson is invalid with regard to procedural fairness.
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479.
General Electric Canada Company v. The Queen - 2011 TCC 564 - 2011-12-19
Tax Court of Canada Judgments(a) may prejudice or delay the fair hearing of the action, (b) is scandalous, frivolous or vexatious, or [...] [31] The Appellants contended that, because these appeals will deal with the same debt that was at issue in the Concluded Litigation, they will also deal with the same guarantee fee agreements. [...] (i) would not have been entered into between persons dealing at arm's length, and
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480.
Brown v. The Queen - 2020 TCC 45 - 2020-07-09
Tax Court of Canada JudgmentsTherefore, there is no need for me to deal with the effect of the bankruptcy proposal. [...] • iii) 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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481.
Brauer v. The Queen - 2012 TCC 382 - 2012-11-02
Tax Court of Canada Judgmentsa) the parties must not be dealing at arm’s length; b) the transferor must be liable for the Arrears to the Minister; [...] The Appellant testified that she knew that such proceedings limited her son’s ability to have and utilize a bank account for his financial dealings. [...] [27] Under subsection 160(1), a transferee of property will be liable to the CRA to the extent that the fair market value of the consideration given for the property falls short of the fair market value of that property.
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482.
Pinter v. Canada (Citizenship and Immigration) - 2007 FC 986 - 2007-10-01
Federal Court Decisions[31] I propose to first deal with Issue 2. [32] Issue 2 Did the officer breach procedural fairness by not disclosing post-application evidence? [...] [34] I agree with the respondent that affidavit evidence may be submitted on judicial review when the evidence deals with procedural fairness issues. [...] [37] Because of my finding on this issue, I need not deal with the remaining issues.
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483.
Ermineskin First Nation v. Minde - 2008 FCA 52 - 2008-02-11
Federal Court of Appeal Decisions[22] In assessing whether the Tribal Council was in breach of the rules of procedural fairness, the Applications Judge applied the standard of correctness. [...] [45] However, the right of appeal provided by section 15 only applies with respect to “suspensions” (or reprimands) and we are not dealing with a suspension in this case. [...] He drew that inference from section 32(a) of Bylaw E86-01 which deals with “the establishment and election of the Band Council”:
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484.
Cayer v. Canada (Revenue Agency) - 2009 FC 1195 - 2009-11-20
Federal Court Decisions[30] Paragraph 8 of the Guidelines explains the basic purpose of the legislation as allowing “for a common-sense approach in dealing with taxpayers who, because of personal misfortune or circumstances beyond their control, could not comply with a statutory requirement for income tax purposes”. [...] [31] Part II of the Guidelines deal with the cancellation or waiver of penalties and interest. [...] One deals with the appropriateness of the penalties in light of the conduct of the taxpayer in making a return, the other with exceptional circumstances which may justify the cancellation of the penalties on fairness considerations.
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485.
Robbins v. Canada (Attorney General) - 2017 FCA 24 - 2017-02-02
Federal Court of Appeal DecisionsHowever, the Appeal Tribunal did not deal with that issue on its merits. [...] At the hearing, Mr. Robbins fairly conceded that he would have largely reiterated what was in the written material. [...] At the hearing, the respondent fairly declined to seek its costs in these matters.
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486.
Northwest Territories v. Canada (Public Service Alliance) - 2001-01-10
Federal Court of Appeal DecisionsWe also have the disclosure process to deal with, which may raise further evidentiary issues. [...] We also have these issues to deal with on the question of the disclosure of documents. [...] [17] The Government argues that its appeal, if successful, will finally establish that the Tribunal is institutionally incapable of providing it with a fair hearing, and if the stay is denied, its forced participation in Tribunal proceedings would be an incurable denial of its right to a fair hearing.
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487.
Ariaratnam v. Canada (Attorney General) - 2023 FC 1248 - 2023-09-15
Federal Court Decisions[12] Following the parties’ response to the Supplementary Report, the Commission issued a final decision [Decision] not to deal with the complaint. [...] C. Breach of Procedural Fairness [33] I am not persuaded that the Applicant has established a breach of procedural fairness. [...] Commission to deal with complaint Irrecevabilité 41 (1) 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
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488.
Fatlum v. Canada (Citizenship and Immigration) - 2022 FC 1495 - 2022-11-02
Federal Court Decisions[10] The Applicant responded to this first procedural fairness letter on October 22, 2019. [...] I will only note that in Qu v. Canada (Minister of Citizenship and Immigration), 2000 CanLII 17132 (FC), [2000] 4 F.C. 71, rev’d in 2001 FCA 399, the application judge was dealing with a predecessor of paragraph 34(1)(a), and this Court never had to deal with the meaning of “subversion” on appeal. [...] This supports the argument that the Minister is better equipped to deal with such issues in the context of an application for ministerial exemption.
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489.
Darte v. The Queen - 2008 TCC 66 - 2008-01-29
Tax Court of Canada Judgments[28] Counsel for the Appellant submitted that the fair market value of the Appellant’s interest in the Property, at the time that the Property was transferred to her, was equal to one‑half of the fair market value of the Property. [...] (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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490.
Odosashvili v. Canada (Citizenship and Immigration) - 2014 FC 308 - 2014-03-31
Federal Court DecisionsIn Tursunbayev v Canada (Minister of Public Safety and Emergency Preparedness), 2012 FC 504, [2012] FCJ No 540 at para 42, Justice Mactavish set out the duty of Minister’s counsel duty of candour and fair dealing: [...] Individuals representing the Crown before courts and tribunals always have an obligation to be candid and fair in their dealings both with litigants and with the courts and tribunals themselves. [...] I agree with this observation completely, and would add that the duty of candour and fair dealing takes on added importance and significance when a person’s liberty is at stake.
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491.
BANK OF MONTREAL v. DEBRA BROWN AND AGC - 2006 FC 503 - 2006-04-21
Federal Court DecisionsEveryone appearing before administrative boards is entitled to be treated fairly. [...] As I have stated, it is impossible to have a fair hearing or to have procedural fairness if a reasonable apprehension of bias has been established. [...] Procedural fairness is an essential aspect of any hearing before a tribunal.
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492.
Brass v. Canada - 2012 FC 927 - 2012-07-24
Federal Court DecisionsIn my view, the fact of Canada’s seeking to minimize its own exposure, if any, during the course of a long negotiating process is not in conflict with Canada’s commitment to deal fairly with the Plaintiffs should Canada’s liability be clearly established. [...] 87 Most significant is the final two factors listed above: both speak to fairness. [...] The law then says that in fairness and consistency, it must be entirely waived.
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493.
Legere v. Canada (Attorney General) - 2006 FC 969 - 2006-08-11
Federal Court DecisionsAs such, the Act should be given a fair, large and liberal interpretation. [...] Because a decision not to deal with the complaint will summarily end a matter before the complaint is investigated, the Commission should only decide not to deal with a complaint at this stage in plain and obvious cases... . [...] It is clear that the Commission exercised its discretion in good faith, in accordance with principles of natural justice and procedural fairness, and that it did not rely on extraneous considerations.
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494.
Chopra v. Canada (Attorney General) - 2013 FC 644 - 2013-06-12
Federal Court Decisions5. Was the process that led to the PSIO/PSIC decisions fair? [26] The Respondent raised the following issues: [...] [74] The Court cannot find any omission to deal with the evidence adduced by the Applicants in respect of this review. [...] (f) there is a valid reason for not dealing with the subject-matter of the disclosure or the investigation.
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495.
Gordashevskiy v. Canada (Citizenship and Immigration) - 2016 FC 1349 - 2016-12-08
Federal Court Decisions[35] Alternatively, the Respondent submits that any breach of fairness was immaterial. [...] [38] This means that I am left to deal with the dispute between the parties concerning the misrepresentation finding under s 40(1) of the Act and related procedural fairness issues. [...] The duty of candour required the Applicant to be candid in his application form and in his dealings with CIC officers.
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496.
Taylor v. The Queen - 1998-07-27
Tax Court of Canada Judgments[19] Paragraph 16.02 deals with subletting and assignment by the Lessee. [...] We'll pay the fair market value of what we think that building is worth. [...] One reason is that section 7 deals with land as separate and apart from any structures on it.
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497.
Nelson v. The Queen - 2017 TCC 178 - 2017-09-11
Tax Court of Canada Judgments(c) another person with whom the transferor was not dealing at arm’s length, [...] • iv) The fair market value of the property transferred must exceed the fair market value of the consideration given by the transferee at the time of transfer. [...] I do not find that argument relevant since we are dealing with transactions between husband and wife.
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498.
Pfizer Canada Inc. v. Canada (Health) - 2009 FC 1165 - 2009-11-16
Federal Court DecisionsIf matters change after an appeal, Ratiopharm argues, Pfizer can bring its own motion to deal with the changes. [...] And where a final decision has been made on a fair contest between the parties, that should stand as the final answer between them. [...] Thus, it submits that it did not have a fair hearing and that its fate was determined by the Novopharm trial.
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499.
Scott v. Canada (Attorney General) - 2022 FC 832 - 2022-06-06
Federal Court DecisionsWhether there was a breach of procedural fairness; and B. Whether the Decision is reasonable. [...] [32] The Respondent contends that the Decision was rendered in a procedurally fair manner. [...] I do not find that the Applicant’s rights to procedural fairness were breached.
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500.
Viches v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 1366 - 2001-12-12
Federal Court Decisions[8] I must now deal with whether the officer breached the principles of fairness by failing to provide a copy of the PCDO report to the applicant in relation to the risk assessment or by making adverse inferences from the lack of submission on risk. [...] There is no breach of the principles of fairness on the facts in this case. [...] I do not need to decide whether the rule for administrative officers is the same as the courts in dealing with separate applications.