11,316 result(s)
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5,176.
Bukvic v. Canada (Citizenship and Immigration) - 2017 FC 638 - 2017-06-29
Federal Court DecisionsB. Was the RPD’s decision rendered in violation of the principles of natural justice or procedural fairness? [...] [27] Mr. Bukvic’s narrative deals essentially with the harassment and discrimination that he suffered in the course of his work as a police officer in Croatia and the burning of the family residence. [...] [38] In short, the Court is of the view that the RPD’s process had been fair.
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5,177.
Dupont Roofing & Sheet Metal Inc. v. Canada (National Revenue) - 2011 FC 160 - 2011-02-11
Federal Court DecisionsMr. Gomes put the box of records in storage to deal with later at the new location. [...] To the extent that questions of natural justice, legitimate expectation and procedural fairness arise in this matter, the Court must determine whether fairness requires that the decision be overturned: eBay Canada Limited et al. v. MNR, 2008 FCA 348 at para. 36. [...] c) obliger une personne à faire un paiement, conformément au paragraphe 224(1);
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5,178.
Boughus v. Canada (Citizenship and Immigration) - 2010 FC 210 - 2010-02-23
Federal Court DecisionsIssues of procedural fairness are reviewable on a standard of correctness. [...] If a breach of natural justice or procedural fairness is found, no deference is due to the Officer. [...] [60] The Applicant did not request an interview and he has a previous history of dealings on TRV applications.
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5,179.
Diabo v. Whitesand First Nation - 2009 FC 1250 - 2009-12-07
Federal Court DecisionsThe Respondents contend that the unlawful or ultra vires conferral of membership could not form the basis of a demand for fairness when that status was later revoked. [...] The central issue raised by these applications is, however, whether that decision was taken in breach of the duty of fairness. [...] On the other hand, it appears from the Applicant’s Record that the process for dealing with Mr. Diabo’s application for membership may have been consistent with other membership transfers at that time.
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5,180.
Demirovic v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1284 - 2005-09-20
Federal Court Decisions[5] With respect to these arguments, the content of the duty of fairness is a matter for this Court to decide. [...] If these conditions were met, in that context a written process conformed to the duty of fairness. [...] [25] Dealing first with the specifically impugned portion of the officer's reasons, I agree that this statement appears to be an assumption made by the officer that is not supported by the evidence before her.
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5,181.
Savics v. The Queen - 2019 TCC 71 - 2019-04-02
Tax Court of Canada Judgments• d) Paragraphs (a), (b) and (c) of each of section 1 (which deals with AFS 11), section 3 (which deals with AFS 7) and section 5 (which deals with AFS 9) contained the phrase: [...] I do not think, however, that this is the correct way to deal with the matter. [...] In reassessing Petro-Canada, the Minister assumed that the fair market value of the seismic data was $8,884,497.
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5,182.
Kalappurakkal v. Canada (Citizenship and Immigration) - 2023 FC 1673 - 2023-12-11
Federal Court DecisionsThe Applicant argues that failing to do so breached the duty of procedural fairness. [...] [17] As such, by noting an issue already known to the Applicant and noted in the previous RAD decision, I find the RAD did not breach the duty of procedural fairness. [...] The RAD observed the Applicant entered into a private and unofficial deal with a government employee that went awry.
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5,183.
Love v. Canada (Attorney General) - 2015 FC 835 - 2015-07-08
Federal Court Decisions[2] While Mr. Love raises several arguments in support of his request to have the decision of the CHRC set aside, I need only consider one of them, namely, his claim that his procedural fairness rights were not respected during the investigation process. [...] The Commission decided not to deal with this complaint pursuant to paragraph 41(1)(d) of the CHRA on the grounds that the complaint against OPC was trivial, frivolous, vexatious or made in bad faith. [...] III. Was there a Denial of Procedural Fairness in the Circumstances?
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5,184.
Singh v. Canada (Citizenship and Immigration) - 2011 FC 490 - 2011-04-26
Federal Court Decisions(1) Was the Applicant’s right to procedural fairness respected? (2) Was the Citizenship Judge’s decision reasonable? [...] [23] Issues of procedural fairness are reviewable on a standard of correctness (Canada (Citizenship and Immigration) v Khosa, 2009 SCC 12 at para 43). [...] A. Procedural Fairness [24] The Applicant argues that the Citizenship Judge’s comment that “all our applicants have provided this document when requested by the judges and the officers, without any problem”, is reliance on extrinsic evidence, that was determinative in this case and that consequently, the Applicant’s right
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5,185.
Hussaini v. Canada (Social Development) - 2011 FC 26 - 2011-01-12
Federal Court Decisions[26] Part 5 of the Rules dealing with applications including applications for judicial review does not contain a definition of “applicant”. [...] The standard of correctness will apply to questions of law and issues of procedural fairness. [...] [41] The Applicant characterizes this alleged error as a breach of procedural fairness.
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5,186.
Singh v. Canada (Citizenship and Immigration) - 2010 FC 1306 - 2010-12-17
Federal Court Decisions[36] However, any issues that go to the fairness of an impugned decision must be decided on a standard of correctness. [...] Did the officer breach a duty of fairness to the applicants by not alerting them to her concerns about the veracity of the experience letters? [...] [44] Because of my findings on the above issues, I need not deal with Issues 4 and 5.
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5,187.
Edwards v. The Queen - 2009 TCC 606 - 2009-11-30
Tax Court of Canada Judgments13h) The Royalty Agreement had a nominal fair market value; 13cc) The following parties were willing participants, acting in concert to facilitate execution of the Scheme: [...] It is the Minister's position that certain assumptions can be inferred even though documents do not specifically contain a statement such as "the Royalty Agreement had a nominal fair market value". [...] [28] Considering the fact that this matter has been set down for trial at a later date than that previously set, I do not find it necessary to deal with the Minister's request that this Court deny leave to attach the pleadings on the basis that it was not done within a reasonable time in accordance with the Rules.
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5,188.
Canada v. Rose - 2009 FCA 93 - 2009-03-20
Federal Court of Appeal DecisionsThe fair market value of the house was then $140,000, although a mortgage of $110,000 reduced the Roses’ equity in it to $30,000. [...] (c) a person with whom the person was not dealing at arm’s length, the following rules apply: [...] (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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5,189.
Qarizada v. Canada (Citizenship and Immigration) - 2008 FC 1310 - 2008-11-25
Federal Court DecisionsThe applicants also submit that the officer’s reasons for decision are inadequate and thus constitute a further breach of procedural fairness. [...] [29] The new material in the applicants’ record, which the applicants argue is of the type the officer should have considered, consists of excerpts of articles dealing with conditions in the northern provinces following the defeat of the Taliban. [...] [30] I agree with the respondent that there was no denial of procedural fairness by the officer in this matter.
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5,190.
Jinadasa v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 1038 - 2002-10-03
Federal Court DecisionsI do not think the officer intended to apply the term "reasonable" in the manner used when dealing with administrative law. [...] Did the immigration officer err in law in breaching the duty of fairness by unduly delaying the processing of this application? [...] It may well be that the recently discovered administrative duty to act fairly encompasses a duty not unreasonably to delay to act; or, put positively, that the procedural duty to act fairly includes a duty to proceed within a reasonable time.
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5,191.
Ndombele v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 1211 - 2001-11-09
Federal Court DecisionsThat addition is with respect to breaches of fairness or natural justice. [...] [22] I find no breach of fairness in the actions of the CRDD in this regard. [...] [23] More generally, the CRDD had a good deal of difficulty with the evidence provided by the applicant through his Personal Information Form and his testimony and with the absence of corroborating evidence.
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5,192.
Sayed v. Canada (Minister of Citizenship and Immigration) - 2000-10-11
Federal Court Decisions3. Did the Board breach procedural fairness by denying Mr. Sayed the opportunity to present evidence and make submissions relevant to the issue of whether he fell within the definition of a Convention refugee? [...] [22] In Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817 (S.C.C.), the Supreme Court of Canada commented on the content of the duty of fairness and the right to an oral hearing. [...] The flexible nature of the duty of fairness recognizes that meaningful participation can occur in different ways in different situations".
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5,193.
Henry Global Immigration Services v. Canada (Citizenship and Immigration) - 1998-11-26
Federal Court DecisionsAs you can appreciate, our primary concern in these circumstances is to ensure that all applicants are treated in a fair and equitable manner. [...] [9] Essentially without acknowledging the applicant"s concerns, the alleged decision to deal only with the applicant"s clients at their home addresses and not to correspond with the applicant was taken. [...] It is common place that the content of the duty of fairness varies according to the circumstances.
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5,194.
Smith v. Canada (Attorney General) - 2011 FC 1401 - 2011-12-02
Federal Court DecisionsThis rotation allows for fair distribution of career opportunities and to ensure efficiency of the program. [...] They each deal with predecessor legislation to the PSEA, but the issue is the same: What is an “appointment”? [...] Jurisdiction is there for a purpose; the Tribunal should accept its mandate and deal with matters such as the present one.
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5,195.
Stafford v. The Queen - 2009 TCC 247 - 2009-05-04
Tax Court of Canada JudgmentsHis progress through the managerial ranks was due to his ability to deal with people, rather than with numbers or with letters. [...] Terry is four years younger than the appellant, and they had a fairly close relationship for most of their lives. [...] His success in business came from his ability to deal with customers rather than from financial acumen.
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5,196.
McGonagle v. The Queen - 2009 TCC 168 - 2009-02-25
Tax Court of Canada JudgmentsThe documentation with respect to interest, confirming the Government’s position, is the Fairness Cancellation Request Form signed September 27, 2006 by Ms. Izumi. [...] It is not through this Court, which deals with assessments of tax and penalties. [...] As previously mentioned, the appeals themselves only deal with the validity of the waivers.
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5,197.
Northtown Motors Ltd v. Human Resources - 2007 TCC 627 - 2007-08-16
Tax Court of Canada JudgmentsMackenzie Daniel Borden was not dealing at arm’s length, as a matter of fact, with Business Check Saskatoon Ltd and was therefore excluded from insurable employment. [...] (d) While the EI Act excludes from insurable employment employees who do not deal at arm’s length with the employer no similar exclusion exists under the CPP or CPP Regulations. [...] [9] I think it is a fair conclusion that all issues under the EI Act and the CPP are on the table for all three litigants, Northtown, Mr. Borden and Business Check.
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5,198.
Wahsatnow v. Canada (Minister of Indian Affairs and Northern Development) - 2002 FCT 2012 - 2002-11-20
Federal Court DecisionsI then pointed out to the plaintiff the basic areas with which he must deal in order to answer the Defendant's motion. [...] Finally, Mr Wahsatnow, acting for himself, seemed unaware of and was definitely unfamiliar with the procedure invoked by the Crown on its motion and thus it was fair to give Mr Wahsatnow time to reflect on the Crown's written submissions, case authorities and oral argument, with a view to obtaining assistance in order to [...] [13] As I say, this is my understanding of the Statement of Claim, however a good deal of what I have set out is a paraphrasing and an interpreting of the Statement of Claim, which is somewhat disjointed and appears to contain much irrelevant material.
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5,199.
Blazik v. Brown - 2000-02-21
Federal Court DecisionsThe role of the Referee is to assess the damages and not to deal with an alleged contributory participation by the plaintiffs in the infringement. [...] [18] Decision - In his paragraph 5 the Referee deals with the measurement of profit resulting from the infringement and notes that the infringing material was used in three ways. [...] In my view, fairness would dictate that the percentage of profits attributable to the Travel Course Materials be no more than 50%.
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5,200.
SmithKline Beecham Animal Health Inc. v. The Queen - 1999-11-04
Tax Court of Canada Judgments(f) the Appellant paid or agreed to pay amounts aggregating $66,982,990 in excess of the price that would have been reasonable in the circumstances if the Appellant and the Affiliates had been dealing at arm's length during the relevant period. [...] 69(2) Where a taxpayer carrying on business in Canada has paid or agreed to pay, to a non-resident person with whom he was not dealing at arm's length as price, rental, royalty or other payment for or for the use or reproduction of any property, or as consideration for the carriage of goods or passengers or for other [...] In my view, if the facts alleged in paragraphs 20 and 21 of the proposed Reply are established, it is at least fairly arguable that subsection 245(2) applies.