11,316 result(s)
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5,151.
Mohawks of the Bay of Quinte v. Canada (Indian Affairs and Northern Development) - 2013 FC 669 - 2013-06-18
Federal Court Decisions[17] A settlement was reached in 1991 whereby the Crown acquired the Turton Penn lands as they became available for sale by willing sellers at fair market value and then returned the land to the applicant. [...] [41] It is well settled that the honour of the Crown is always engaged in its dealings with Aboriginal peoples. [...] In making and applying treaties, the Crown must act with honour and integrity, avoiding even the appearance of “sharp dealing” (Badger, at para. 41).
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5,152.
Simon Fraser University v. The Queen - 2013 TCC 121 - 2013-04-22
Tax Court of Canada Judgments[2] Mr. Agosti described the role of Parking Services to provide parking to members of the University community in a fair, cost-effective manner. [...] [24] Certainly the deal struck in the Imperial Parking case was to pay a rather large amount for the parking spot. [...] But what was the deal between Simon Fraser University and the non-paying driver?
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5,153.
Lower Nicola Indian Band v. Joe - 2011 FC 147 - 2011-02-08
Federal Court DecisionsTo deal with this interim request, the Court held two hearings via teleconference, as well as a public hearing. [...] The plaintiff not only must be prepared now to do what is right and fair, but also must show that his past record in the transaction is clean; for “he who has committed Iniquity ... shall not have Equity” (...) [...] As the Applicant noted, “the whole LNIB which is being irreparably harmed (...) by the loss of certainty in the authority and legitimacy of Council’s decision relating to both its internal dealings with members and staff and to its external dealings with governments and businesses”.
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5,154.
Biron v. The Queen - 2004 TCC 154 - 2004-02-17
Tax Court of Canada JudgmentsBased on this reasoning, I find that an essential therapy is one which, if the patient ceased to tolerate it, would result fairly promptly in his death. [...] (ii) any dealing in the estate of the bankrupt or any act performed in the carrying on of the business of the bankrupt estate by the trustee was done as agent on behalf of the bankrupt and any income of the trustee from such dealing or carrying on is income of the bankrupt and not of the trustee; [...] In order for income to be part of the “second return” under paragraph (e), the income must arise from the trustee’s dealings.
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5,155.
Pascal v. Kitigas Inc. - 2003 FC 894 - 2003-07-17
Federal Court Decisions4. Your continued and consistent failure to follow protocol when dealing with requests and grievances as an employee of the Children's Home. [...] However, the administration, in dealing with the situation that existed prior to that conversation had come to a conclusion that she should be dismissed. [...] I hasten to add that I have a great deal of admiration for Ms. Pascal and what she has accomplished, especially in view of the personal problems which beset her.
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5,156.
Coca-Cola Ltd. v. Pardhan - 1999-04-12
Federal Court of Appeal DecisionsOFFER FOR SALE, SELL, EXPORT, OR DEAL IN TRANSSHIPPED COCA-COLA PRODUCTS [...] OFFER FOR SALE, SELL, EXPORT, OR DEAL IN TRANSSHIPPED COCA-COLA PRODUCTS [...] In any event, I believe this was a fair assessment of the statement of claim.
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5,157.
Toor v. Canada (Citizenship and Immigration) - 2021 FC 228 - 2021-03-16
Federal Court DecisionsIt must only concern itself with respect to the procedural fairness rights of the Applicants in their admissibility hearing. [...] [34] With respect to the issue of procedural fairness, the Federal Court of Appeal clarified in Canadian Pacific Railway Company v Canada (Attorney General), 2018 FCA 69 [Canadian Pacific] that issues of procedural fairness do not necessarily lend themselves to a standard of review analysis. [...] Rather, the role of this Court is to determine whether the proceedings were fair in all the circumstances.
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5,158.
Tomar v. Toronto-Dominion Bank - 2009 FC 595 - 2009-06-08
Federal Court DecisionsOne deals with the applicable standard of review. The other two can be paraphrased as follows: [...] Issue two: Was the applicant denied procedural fairness? Applicant’s Submissions [...] No reviewable error has occurred with respect to procedural fairness.
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5,159.
Oxford Properties Group Inc. v. The Queen - 2016 TCC 204 - 2016-09-19
Tax Court of Canada JudgmentsThe fair market value of the shares of BPC held by OMERS represented the vast majority of the fair market value of the issued shares of BPC. [...] - The fair market value of resource property held by the partnership;[43] and [...] The fair market value of the shares of BPC held by OMERS represented the vast majority of the fair market value of all of the issued shares of BPC.
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5,160.
Ruszo v. Canada (Citizenship and Immigration) - 2021 FC 1459 - 2021-12-23
Federal Court DecisionsI will also not address the Applicants’ argument that there was a breach of procedural fairness because the Officer failed to provide them with an interview to address the credibility findings that the Applicants are alleging were made. [...] The Officer’s analysis on the quality of education available offends this general requirement to “substantively consider and weigh all the relevant facts and factors” as well as the requirement that children’s interests must be “‘well-identified and defined’ and examined ‘with a great deal of attention’ in light of all the [...] [34] Overall, I find that the Officer’s analysis falls well short of the requirement to examine the interests of the children directly affected “with a great deal of attention.” Upon review of the record and the Officer’s reasons, I am not satisfied that the Officer gave sufficient consideration, as is required, to the
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5,161.
Zielinski v. The Queen - 2013 TCC 384 - 2013-12-03
Tax Court of Canada Judgments[9] The Minister has assumed that, in July 2003, when the duplex ceased to be the Appellants’ principal residence, its fair market value was $99,597. [...] If the same sort of property has been sold in succession over a period of years or there are several sales at about the same date, a presumption arises that there has been dealing in respect of the property. [...] There may exist some explanation, such as a sudden emergency or an opportunity calling for ready money, that will preclude a finding that the plan of dealing in the property was what caused the original purchase.
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5,162.
Mamut v. The Queen - 2011 TCC 139 - 2011-03-16
Tax Court of Canada JudgmentsThe relevant property transactions are the same or similar: the two 2003 appeals concern both Samuil and Adina Mamut and one property; the 2005 appeals again pertain to both Samuil and Adina Mamut and another property; and the GST Appeal again deals with both Samuil and Adina Mamut and both of the properties. [...] According to the appellants, consolidation of all five appeals on the basis of a finding that there are common issues of law requires prejudgment of the very issues that are under appeal, to the detriment of the appellants, and they submit that, in the interest of fairness, this is not the appropriate process for dealing [...] Indeed, the appeals deal with two transactions initiated by the same people and involve related persons.
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5,163.
Entertainment Software Association v. Canada (Society of Composers, Authors, and Music Publishers) - 2010 FCA 221 - 2010-09-02
Federal Court of Appeal DecisionsAs this application was consolidated with those disposed of in Bell Canada, the conclusions in that case are also binding on ESA. As a result, I do not propose to deal with that issue again in these Reasons. [...] [15] The Board is a specialist tribunal which deals extensively with copyright matters. [...] [19] ESA argued that the Board erred in certifying a tariff when SOCAN did not present evidence to justify the “fair and equitable” character of the tariff.
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5,164.
Canada (Attorney General) v. Deschamp - 2007 FC 610 - 2007-06-07
Federal Court Decisions[6] The Respondent appealed this latest decision to a Review Tribunal pursuant to s. 82(1) of the Canada Pension Plan Act (Act) which deals with the Minister’s 2000 decision. [...] [10] A Review Tribunal and the PAB have authority to deal with questions of law and fact in respect of benefit entitlements and quantum thereof under s. 84(1). [...] [20] In Kent v. Canada (Attorney General), 2004 FCA 420, Justice Sharlow recognized the reality of what occurs in the case of a finding of “new facts” – that there is a decision on the merits which the PAB can deal with.
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5,165.
Soja v. The Queen - 2007 TCC 61 - 2007-01-26
Tax Court of Canada JudgmentsThere was a great deal of weight put on whether I was a shareholder of Security Trading. [...] (ii) to a person with whom the taxpayer was dealing at arm's length of any property that is ... [...] (C) the fair market value of the share is nil, and (D) it is reasonable to expect that the corporation will be dissolved or wound up and will not commence to carry on business
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5,166.
Pfizer Canada Inc. v. Canada (Minister of Health) - 2004 FC 572 - 2004-04-16
Federal Court DecisionsWithin the Notice of Alleagtion, the Applicants' argument is divided into four (4) distinct elements, each a separate and virtually stand-alone element and each dealing with one of Apotex's four (4) Notices of Allegation. [...] [20] With regard to the submission that the motion before the Court should be heard orally, once again I agree with the position urged on behalf of Apotex that the Court has sufficient material before it, and sufficient background understanding derived from an earlier oral hearing before the Court, to fully and fairly deal [...] It provides authority to the Court to order that one or more claims be pursued separately where to deal with those claims in a single proceeding would "...cause undue complication or delay or would prejudice a party...".
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5,167.
Gagne v. Canada (Minister of National Revenue) - 2003 FCT 18 - 2003-01-10
Federal Court Decisions[7] The central issue in these proceedings is whether this Court has jurisdiction on this application to review, restrain, set aside or otherwise deal with the Requirement to Pay and supporting assessments. [...] Further, that the Requirement to Pay denied the Applicant procedural fairness in that it is a subterfuge undermining and evading a proper airing of the matter in a court of competent jurisdiction that the Notice of Assessments upon which the Requirement to Pay was based are fraudulent and any alleged debt arising from them [...] [27] Dealing with the issue of 50% of the debtor's wages being remitted in the months of October, November and December of 2002, the Applicant confirmed with this Court that the employer had been advised in February of 2002 of the Requirement to Pay but had failed to notify the accountant to withhold.
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5,168.
Janssen Jr. v. The Queen - 2001-10-23
Tax Court of Canada Judgments[15] A great deal was made that some of the closing inventory alleged to have been taken by the Appellant must have been when he was manager. [...] [27] Having said that, I find Wright a truthful, fair, intelligent, well educated person and do believe, as a new store owner, that he was learning on the job and that as time went on, he was more and more security conscious. [...] He then said, at page 170, when dealing with the trial judges' comments:
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5,169.
Dieni v. The Queen - 2001-02-16
Tax Court of Canada Judgments[3] The issue in this appeal is which one of the two sections applies, section 79 dealing with surrender of property or section 80 which deals with forgiveness of debt. [...] ... [5] The purpose of section 79 is to deal with the acquisition of a debtor's property by a creditor as a result of the default of the debtor on a debt obligation owing to the creditor. [...] There was no evidence of the fair market value of the property at the time of its transfer.
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5,170.
Glaxo Group Ltd. v. Novopharm Ltd. - 1999-10-12
Federal Court DecisionsMr. Giles did not deal with some 200 other questions on the ground that he did not have sufficient time. [...] [13] Although they share some common factual and legal background, I shall deal in turn with each of the three awards of costs in issue in these proceedings. [...] [33] I recognize that the nature of an order dealing with more than 2,000 questions required considerable work by counsel for Novopharm who prepared the first draft.
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5,171.
Portillo v. Canada (Minister of Citizenship and Immigration) - 1999-06-02
Federal Court DecisionsI am not persuaded, as counsel for the Minister urged, that his lack of eligibility could be cured by the CRDD's decision that it had jurisdiction to deal with his claim. [...] That procedure has apparently been developed within the department in a manner consistent with administrative law principles of fairness. [...] Rather, each of those provisions deals with the effect upon the refugee claimant or upon the person found to be a Convention refugee or upon the permanent resident, respectively.
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5,172.
Medeiros v. Ginoogaming First Nation - 1999-05-19
Federal Court Decisions[23] I start from the proposition that a band council has a legal obligation to exercise its powers fairly and with an even hand, and is not entitled to make arbitrary decisions that benefit one group of members to the exclusion of another group. [...] Failing some restraint on the Council's authority to deal with the funds, there is a risk of irreparable harm to the applicants if the injunction is not granted. [...] [34] The form of application for judicial review submitted in the motion record will require amendment so that it deals only with the decision as to the use of the proceeds.
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5,173.
Clément v. M.N.R. - 1998-01-13
Tax Court of Canada JudgmentsIn quashing the Tax Court of Canada decision rendered on December 9, 1996, the Federal Court of Appeal judgment could only deal with the years at issue before it, which were 1992, 1993 and 1994: [...] In my opinion, it would be a breach of the principle of natural justice or a lack of procedural fairness, which is provided for in s. 18.1(4)(b) of the Federal Court Act. Consequently, I consider that the consent to judgment made at the first hearing in this Court with respect to 1991 is still in effect and my decision will [...] (ii) the appellant and the payer were not dealing with each other at arm's length;
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5,174.
Christian Dior Couture, S.A. v. Tobey - 2019 FC 1055 - 2019-08-08
Federal Court Decisions[7] As noted, these reasons deal collectively with four separate motions for summary judgment in four separate actions. [...] Having done so, the onus was on the defendant to inform herself as to the status of all four matters and to deal with them diligently. [...] The Supreme Court of Canada explained in Hryniak v Mauldin, 2014 SCC 7 [Hryniak], that there will be no genuine issue requiring a trial “when the judge is able to reach a fair and just determination on the merits on a motion for summary judgment.
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5,175.
Li v. Canada (Citizenship and Immigration) - 2018 FC 536 - 2018-05-24
Federal Court DecisionsThe RPD also did not accept the Applicant’s explanation that his family had not sent a 2004 lease renewal because they were busy dealing with the PSB, and drew a negative credibility inference. [...] The analytical framework is not so much one of correctness or reasonableness but, rather, one of fairness. [...] B. Did the RPD breach procedural fairness by rendering a negative decision without hearing submissions from counsel?