11,309 result(s)
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501.
Raphael v. The Queen - 2000-10-05
Tax Court of Canada Judgments(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 [...] There is, however, something special about two persons who are not in fact dealing at arm's length. [...] " ... the fair market value at the time of the consideration given for the property".
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502.
Thompson v. Royal Canadian Mounted Police - 2007 FC 119 - 2007-02-02
Federal Court DecisionsParliament recognized that including such a time limitation was an important aspect of furthering expediency in the complaint process and fairness to the party responding to a charge of discrimination. [...] [24] Determining whether a complaint is out of time appears to this Court to be a fairly straightforward exercise. [...] 2. The matter is sent back to the Commission that shall deal with the complaint in light of these reasons;
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503.
Good v. Canada (Attorney General) - 2005 FC 1276 - 2005-09-19
Federal Court DecisionsThe reasons put forth by the Applicant were judged insufficient to justify accepting to deal with the complaint. [...] 41. Commission to deal with complaint (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 [...] The Commission has wisely and fairly, in my view, interpreted its legislation to require that the clock for the one-year time limit runs to the date on which a written complaint is filed.
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504.
Angara v. Canada (Citizenship and Immigration) - 2021 FC 376 - 2021-04-30
Federal Court Decisions[22] The Vavilov decision did not deal directly with issues of procedural fairness, and the approach to be taken on this front has therefore not been modified (Vavilov at para 23). [...] Issues of procedural fairness and the duty to act fairly are not concerned with the merits of the decision, but rather relate to the process followed by the decision maker. [...] In the present case, the specific provisions of the IAD Rules dealing with the availability of an appeal record certainly establish a particular practice and process, to which Ms. Angara was entitled and which she could legitimately expect to benefit from.
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505.
Sary v. Canada (Citizenship and Immigration) - 2016 FC 178 - 2016-02-10
Federal Court Decisions• Did the RAD breach the rules of procedural fairness in dealing with Mr. Sary’s application? [...] B. Did the RAD breach the rules of procedural fairness in dealing with Mr. Sary’s application? [...] [32] The Court is thus satisfied that the process followed by the RAD was fair to Mr. Sary and in keeping with the spirit and the letter of the rules of procedural fairness.
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506.
K.M. Construction et Rénovation inc. v. The Queen - 2015 TCC 206 - 2015-09-08
Tax Court of Canada Judgments[2] There is no dispute that, since the appellant sold the property to persons with whom it does not deal at arm’s length, the disposition was to be at the Fair Market Value (FMV) for GST purposes, under section 155 of the ETA. [...] [24] The only issue is the Fair Market Value of the property as of October 6, 2010. [...] 44 It is well established that the municipal assessment, while relevant in determining the fair market value of a property, is not by itself representative of the fair market value of that property.
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507.
Firsov v. Canada (Attorney General) - 2022 FCA 191 - 2022-11-08
Federal Court of Appeal DecisionsWarr was not impartial, as he was overly frustrated with having to deal with Cst. Firsov’s issues, and that this was why Insp. [...] Consequently, I will deal with this issue first. VI. Insp. Warr’s Status as a Conduct Authority [...] Warr was not impartial, as he was overly frustrated with having to deal with Cst. Firsov’s issues.
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508.
Perry v. Cold Lake First Nations - 2016 FC 1320 - 2016-11-30
Federal Court Decisions[...] C. The Appeal Committee shall deal with the appeals at a public meeting of the electors of the Cold Lake First Nations. [...] [15] Clause 14 deals with appeals in general. Sub-clauses (A), (C) and (G) are relevant and provide as follows: [...] [9] Justice Heneghan concluded that the CLFN Appeal Committee was authorized only to “deal” with appeals “at a public meeting” (at para 16).
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509.
Raufi v. Federal Express Canada Limited - 2007 FC 1275 - 2007-12-05
Federal Court DecisionsThe case at bar deals with a question of fact: whether or not the 12-month time limit had expired. [...] In contrast, Sketchley, above, and the cases following it deal with questions of law such as whether or not a prima facie case for discrimination was made. [...] On issues of procedural fairness, the Court is required only to determine whether the rules and duty of procedural fairness have been followed (see Ha, above at para. 44).
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510.
Firsov v. Canada (Attorney General) - 2021 FC 877 - 2021-08-25
Federal Court DecisionsV. Cst. Firsov was not denied procedural fairness [40] Cst. Firsov submits that he was denied procedural fairness due to the bias of the Conduct Authority. [...] He says the Conduct Authority was overly frustrated with having to deal with him. [...] [106] Cst. Firsov determined that they would deal with the assailant upon Cst. Firsov’s arrival at work.
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511.
Egan v. Canada (Attorney General) - 2008 FC 649 - 2008-05-22
Federal Court Decisions121 Weighing the Baker factors, I agree that this is an appropriate description of the content of procedural fairness in this context. [...] After examining this information, the Commission decided, pursuant to subsection 41(1) of the Canadian Human Rights Act, to deal with the complaint because [...] [17] The first three issues deal with the failure by the investigator to interview certain witnesses which the Applicant says were crucial to the matters under investigation.
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512.
Heron Bay Investments Ltd. v. Canada - 2010 FCA 203 - 2010-07-29
Federal Court of Appeal DecisionsYou may be trying to get at it on the back end, as opposed to having to try to deal with the issue at the front end. [...] [¶106] Paragraph 69(1)(a) provides that where a taxpayer acquires property from a person with whom that taxpayer was not dealing at arm's [length] at an amount in excess of its fair market value at the time, the taxpayer's cost shall be deemed to be that fair market value. [...] We are dealing with related companies at this point. Without questioning your judgment, why would you make a non-recourse loan?
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513.
Sinnasamy v. Canada (Citizenship and Immigration) - 2008 FC 67 - 2008-01-18
Federal Court DecisionsThe PRRA officer, however, found such actions would not amount to persecution as these measures would be put in place for the purpose of preventing disruptions and dealing with terrorism. [...] The documents consulted by the PRRA officer in that case were bulletins providing guidance to caseworkers dealing with Libyan asylum claims and were therefore very similar to the document relied in the present case. [...] It is difficult to argue, in this context, that the applicant has not been treated fairly considering the circumstances of the case.
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514.
Knight v. Canada (Attorney General) - 2005 FC 727 - 2005-05-19
Federal Court Decisions[16] It is quite clear that the informal resolution of disciplinary offences is an important aspect of dealing with the offence, but is not a mandatory step. [...] Given that the applicant had a fair hearing and was allowed to make his point and respond to allegations and cross-examine witnesses, I am not convinced that there was any breach of the general duty to act fairly. [...] (i) is in possession of, or deals in, contraband; (j) without prior authorization, is in possession of, or deals in, an item that is not authorized by a Commissioner's Directive or by a written order of the institutional head;
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515.
Duncan v. Band Council of Behdzi Ahda First Nation - 2003 FC 1385 - 2003-11-25
Federal Court DecisionsDuring the second visit by Maca and DIAND the chief only wanted to deal with one item and that was to have a mediator come in and help resolve their differences. [...] 2001 required to afford to Chief Duncan and Councilor Duncan procedural fairness; secondly, if so, what degree of procedural fairness were they required to provide; and finally, once again assuming they were under a duty to provide procedural fairness, did they provide the degree of procedural fairness required of them? [...] To the extent that this Court has jurisdiction, the principles of natural justice and procedural fairness are to be applied.
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516.
Gonzalez Vazquez v. Canada (Minister of Citizenship and Immigration) - 2006 FC 106 - 2006-02-09
Federal Court DecisionsNow, the question of natural justice I don=t think is being violated because you=ll have all of the opportunity to deal with the issues as you see fit. [...] In any event there was no Rule nor any Guideline prior to December 2003 dealing with questioning at an oral hearing. [...] 162.(2) PROCEDURE - 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
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517.
Wu v. Canada (Citizenship and Immigration) - 2013 FC 614 - 2013-06-07
Federal Court Decisionsb. Was there a breach of the rules of procedural fairness? c. Were there errors of fact in the Decision? [...] [13] In these circumstances I am persuaded that the First Entry did not deal with employment documents. [...] [18] Counsel for the Respondent argued that the IAD was entitled to deal with the Applicant’s conduct without giving notice because she had put fairness in issue on the appeal and her own conduct was relevant to her allegations of unfair treatment.
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518.
Thien v. International Longshore and Warehouse Union - 2008 FCA 27 - 2008-01-23
Federal Court of Appeal Decisions[5] At the hearing, counsel for the applicant insisted particularly on clause 6.02 of the collective agreement dealing with Credited Service. [...] This failure or omission amounted to a violation of the duty of fair representation. [...] His Union should have considered that in assuming its duty of fair representation.
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519.
Savit v. Canada (Citizenship and Immigration) - 2023 FC 194 - 2023-02-09
Federal Court DecisionsShe argues that the RAD breached procedural fairness by deciding issues that the Refugee Protection Division [RPD] had not addressed. [...] [11] With respect to procedural fairness, “the ultimate question remains whether the applicant knew the case to meet and had a full and fair chance to respond”: Canadian Pacific Railway Company v Canada (Attorney General), 2018 FCA 69, [2019] 1 FCR 121 at paragraph 56. [...] [30] Although her memorandum of fact and law deals solely with issues of procedural fairness, Ms. Savit stated at the hearing that she also challenged the reasonableness of the RAD’s decision on the issue of corruption.
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520.
Chomicz v. Canadian Broadcasting Corporation - 2012 FC 1526 - 2012-12-20
Federal Court DecisionsIn fairness to Mr. Chomicz, he never suggests that as an unrepresented litigant, he was entitled to special treatment. [...] [23] I therefore conclude that there has been no breach of procedural fairness or failure to consider relevant material. [...] 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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521.
Canada (Human Rights Commission) v. Canadian Transportation Agency - 2011 FCA 332 - 2011-11-28
Federal Court of Appeal Decisions[20] For the purpose of this appeal it is sufficient to assume, without deciding, that the Tribunal did have concurrent jurisdiction with the Agency to deal with a complaint concerning discrimination within the federal transportation network. [...] • Respect for the finality of a judicial or administrative decision increases fairness and the integrity of the courts, administrative tribunals and the administration of justice; on the other hand, relitigation of issues that have been previously decided in an appropriate forum may undermine confidence in this fairness and [...] Forum shopping for a different and better result can be dressed up in many attractive adjectives, but fairness is not among them.
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522.
Thomas v. The Queen - 2005 TCC 613 - 2005-10-18
Tax Court of Canada JudgmentsAs a matter of fact, the fair market value of the property as appraised was significantly lower than the cost base. [...] (b) the highest fair market value of the residence within the six-month period that ends at that time [...] (ii) the fair market value of the residence at that time, and (d) in any other case, the fair market value of the residence at that time.
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523.
Meeches v. Meeches - 2013 FC 196 - 2013-02-26
Federal Court DecisionsThird parties would not know whether or not they are dealing with a legitimate Tribal Government. [...] b. Overall, the election process appears to have been fairly conducted. [...] It is fixed with dealing with appeals on corrupt conduct and unfairness and its decisions on these matters are final and binding.
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524.
Dow Chemical Canada ULC v. The Queen - 2020 TCC 139 - 2020-12-18
Tax Court of Canada JudgmentsIn that context, employment will not be insurable if the employer and employee are not dealing with each other at arm’s length. [...] [147] Where the employee and employer are related, the ITA would deem them to not deal with each other at arm’s length. [...] [177] Collectively, these provisions in the ITA are referred to as the Fairness Provisions.
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525.
John v. Canada (Citizenship and Immigration) - 2022 FC 1400 - 2022-10-13
Federal Court DecisionsThe UDPS presently holds a power-sharing deal with the Common Front for the Congo (“FCC”), the prior governing party. [...] [12] A court assessing a procedural fairness question is required to ask whether the procedure was fair having regard to all of the circumstances: Canadian Pacific Railway at paragraph 54. [...] [20] Out of an abundance of caution, if I am wrong I will deal with each of the specific arguments below.