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Fourney v. The Queen - 2011 TCC 520 - 2011-11-14

While evidence of intention may be used by the Courts on occasion to clarify dealings, it is rarely determinative.   [...]  This is understandable as it takes a great deal of sophistication to convert financial information into the tax information required in the returns.   [...]  If the evidence creates any doubt that it should be applied in the circumstances of the appeal, then the only fair conclusion is that the taxpayer must receive the benefit of that doubt in those circumstances.

Katepwa Park Golf Partnership v. The Queen - 2000-04-21

[21] In the case of Adler v. Her Majesty The Queen, 98 DTC 1414, Judge Hamlyn, Tax Court of Canada was dealing with an extension of time to file a Notice of Appeal.   [...]  It is interesting to see how Information Circular 89-5R- Partnership Information Return - dated June 21, 1991 - deals with these various categories.   [...]  Hence, it seems both fair and logical to assume that Parliament intended strict not absolute liability.

Hardware v. Canada (Citizenship and Immigration) - 2009 FC 338 - 2009-04-01

2) Whether the IAD breached the principles of fairness in failing to adequately assess the best interests of the Applicant’s children, Joshua and Olivia;   [...]  ... Rather, the interests of the child must be “well identified and defined” ... and “examined ... with a great deal of attention” ... .   [...]  However, I am satisfied that the hearing by the IAD was procedurally fair even though an adjournment was refused.

Lavigne v. Canada (Human Resources Development) - 2001 FCT 1365 - 2001-12-12

[3] Section 4.1.4 of the Labour Market Agreement deals with language of service and reads:   [...]  [32] Sections 62 and 63 deal with agreements which the Commission may enter into.   [...]  [54] The Attorney General for Canada raised two preliminary issues before dealing with the principal one.

Democracy Watch v. Canada (Attorney General) - 2023 FCA 39 - 2023-02-21

[3] In support of its application, Democracy Watch raises three grounds for review: two alleged errors of law dealing with statutory interpretation and an error of fact.   [...]  [5] This Court declined to deal with the Commissioner’s motion: Democracy Watch v. Canada (Attorney General), 2022 FCA 208.   [...]   Conflict of Interest Act, are valid as long as they are supported by a pressing and valid government objective and are otherwise consistent with the rule of law, the ability of the judiciary to assess whether state action conforms with the Constitution, and the requirement of fair and impartial administration of justice.

Eli Lilly Canada Inc. v. Novopharm Limited - 2008 FC 875 - 2008-07-16

[7] The present case deals with scheduling matters: the order of the presentation of evidence and the time allotted to each party to present evidence.   [...]  Of particular importance, s. 385(1)(a), pertaining to the powers of a case management judge or prothonotary, establishes that they shall deal with all matters that arise prior to the trial or hearing of a specially managed proceeding and may “give any directions that are necessary for the just, most expeditious and least   [...]  Accordingly, reversing the order should not affect “the substantive rights of the parties and the fairness of their procedural rights”.

Bongwalanga v. Canada (Minister of Citizenship and Immigration) - 2004 FC 352 - 2004-03-08

The decision was based, in part, on an October, 2002 report dealing on conditions in the Democratic Republic of Congo (DRC), which report was prepared by the Refugee Commissariat of Belgium.   [...]  The Board refused to deal with the recusal request, stating that the issue should have been raised at Ms. Bongwalanga's refugee hearing, and not once the matter had been taken under advisement.   [...]  Would he think that it is more likely than not that [the decision-maker], whether consciously or unconsciously, would not decide fairly.

Verreault v. Canada (Attorney General) - 2002 FCT 1076 - 2002-10-16

[TRANSLATION] . . . these are the events that were put into evidence before the Court concerning the item in question, the Court, the prosecutor submitted Commissioner's Directive No. 090, I had indicated, yes, OK, and that Directive contains the general policy: to ensure that personal property allowances are fair and   [...]  Whether we are dealing with an item of personal property that is prohibited or a change in personal property, the Chairperson interpreted a Directive, and that is within his jurisdiction.   [...]  However, in Laplante, the inmate persisted in remaining in segregation, whereas here we are dealing with a lawful seizure of trousers in which a bag of urine was found.

Holt Cargo Systems, Inc. v. Brussel (The) - 2000-03-30

[7] Mr. Baudry argues that a good deal of the work in the litigation during the four month period between the arrest and the sale of the ship relates to various issues other than to arrange for the sale of the vessel.   [...]  [15] Mr. Hart argues that his fees should not be reduced because he has spent a great deal of time and effort to make the judicial sale possible in the first place which in turn created a Fund from which many potential creditors could be compensated.   [...]  Counsel feel strongly that it would not be fair to expect fees for services provided by Mr. Hart to other claimants to be paid from the proceeds of the sale of the ship.

Gorodiskiy v. Canada (Minister of Citizenship and Immigration) - 1998-07-07

It is reasonable, therefore, that the state is undertaking regular and legal proceedings to deal with the issue of wrongdoing against the claimant on the part of the previous employer.   [...]  [12] The proceedings may have been unusual but the CRDD panel generally has authority to establish its own procedures for a hearing, provided those are consistent with principles of natural justice and fairness.   [...]  Nevertheless, this summons, like the others, appears to deal with the Labour Agreement contract, and cannot, on its face, be viewed as indicating that the applicant is being prosecuted for a criminal offence.

Balasundaram v. Canada (Citizenship and Immigration) - 2015 FC 38 - 2015-01-12

[9] The sponsor approached a Canadian lawyer Mr. Blank [the lawyer] for assistance in responding to the fairness letter.   [...]  Applications from unauthorized representatives need to be returned so that these representatives and their clients are reminded that the government will deal only with authorized representatives when compensation is being given.   [...]  [30] Reasonableness underlying fairness is also based on expectations.

Sierra Club of Canada v. Canada (Minister of Finance) - 1998-11-10

I will deal with each motion in turn, beginning with some relevant facts forming the basis for the Sierra Club motion.   [...]  While the affidavit is of modest length, it contains a great deal of information and shows substantial knowledge on the part of Mr. Mundy.   [...]  Indeed, given Ms. May's background the affidavit provides a useful and informative framework which the judge hearing this application might find helpful in putting a fairly complex application into perspective, without having to give some portions of the affidavit much weight.

Thomas v. Canada (Public Safety and Emergency Preparedness) - 2020 FC 290 - 2020-02-24

He immediately acknowledged his mistake, but instead of dealing with this as a minor administrative matter, the Respondent escalated it to a formal administrative seizure.   [...]  [32] As will be explained below, it is not necessary to deal with the third issue.   [...]  (5) Le tribunal peut faire droit à la demande s’il est convaincu qu’il existe ou peuvent être obtenus suffisamment d’éléments de preuve pour rendre inutile la rétention des diamants bruts ou des autres objets saisis.