11,316 result(s)
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5,251.
Canada v. Agnico-Eagle Mines Limited - 2016 FCA 130 - 2016-04-26
Federal Court of Appeal DecisionsFair Market Value (“FMV) of Shares Issued $17,237,740 $12,648,138.90 [...] (i) the fair value of the property or past service in consideration of which the share is issued, or [...] (ii) that such property or past service has a fair value that is not less than the amount of money referred to in clause (a).
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5,252.
Cheshenchuk v. Canada (Citizenship and Immigration) - 2014 FC 33 - 2014-01-13
Federal Court Decisions[14] Of particular relevance are the portions of the GCMS notes dealing with the issue of whether the adoptions could be considered valid domestic adoptions. [...] [40] The Respondent also argues that there was no breach of procedural fairness. [...] [56] Leaving aside procedural fairness issues for a moment, the Court must decide:
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5,253.
Saskatchewan (Attorney General) v. Witchekan Lake First Nation - 2023 FCA 105 - 2023-05-17
Federal Court of Appeal Decisions[51] The issue is whether the record is sufficient to allow the fair and just adjudication of the matter. [...] The Federal Court failed to consider this standard, along with its underpinning principles of proportionality and economy, in dealing with the motion for summary judgment before it. [...] A disposition does not have to be beyond doubt to be fair. Perfection in the record is not the standard.
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5,254.
Hayes v. The Queen - 2003 TCC 93 - 2003-09-09
Tax Court of Canada JudgmentsThis simply means the brokers track the fair market value of the stock sold short on a daily basis. [...] (vi) In Schultz, there appeared to be no evidence of independent dealings. [...] (iii) Mr. Rezek is entitled to no fair market value adjustment of inventory of $193,054.
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5,255.
Wewayakum Indian Band v. Wewayakai Indian Band - 1999-10-12
Federal Court of Appeal DecisionsI deal, firstly, with the third and fourth arguments based upon section 35 of the Constitution Act, 1982. [...] In my respectful view the submissions of the appellants that the doctrine of fairness and the honour of the Crown are engaged in these appeals are wholly devoid of merit in the circumstances. [...] In light of my conclusions above, I find it unnecessary to deal with the equitable and statutory defences advanced by the Crown.
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5,256.
Burden v. Canada (Attorney General) - 2011 FC 251 - 2011-03-02
Federal Court Decisions[15] It is fair to say that the principles of interpretation of statutes also apply to the interpretation of collective agreements and to the policies that form part of collective agreements. [...] Part I deals with the administration of allowances and specifies the nature of the allowances provided to employees under the policy. [...] Part III deals with relocation of employees to isolated posts. Part IV deals with entitlements upon relocation at the end of an employee’s employment at an isolated post.
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5,257.
Mercer v. M.N.R. - 2003 TCC 652 - 2003-09-22
Tax Court of Canada Judgmentsparty to a transaction did or had the power to influence or exert control over the other and that the dealings of the parties are not consistent with the object and spirit of the provisions of the law and they do not demonstrate a fair participation in the ordinary operation of the economic forces of the market place. [...] (i) employment if the employer and employee are not dealing with each other at arm's length. [...] It is quite noteworthy that S. 5 of the Fishing Regulations which specifically deals with the Determination of Earnings of a fisher provides a complete scheme for doing so.
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5,258.
Rennie v. Canada (Chief of Defence Staff) - 2016 FC 995 - 2016-08-31
Federal Court DecisionsIn doing so, he relied on the fact that DAOD 5019-7 has two separate procedures, one dealing with a member who has been tried for an offence and the other where the member was not tried for the offence. [...] DAOD 5019-7 is an instructional order dealing with conduct involving alcohol. [...] 8.14 Procedural fairness: a. is the duty to act fairly; and b. includes the following four principles:
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5,259.
University of Alberta v. The Queen - 2015 TCC 336 - 2015-12-21
Tax Court of Canada JudgmentsA GST registrant is entitled to use any method that is fair and reasonable provided it complies with the provisions of the Act. [...] An agreed statement of facts should deal only with facts, not the law. [...] However, since I am dealing with the acquisition of the Campus, the relevant subsection is 141.01(2).
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5,260.
Canada (Attorney General) v. Rapiscan Systems, Inc. - 2015 FCA 96 - 2015-04-16
Federal Court of Appeal Decisions3. Did CATSA breach a duty of procedural fairness? 4. Did CATSA act in bad faith? [...] This exception is normally reserved for dealing with security, safety or other considerations potentially prejudicial to passengers; [...] [60] However, in finding a public law duty of procedural fairness, the judge seems to have conflated the issue of whether CATSA’s decision was reasonable with the issue of whether CATSA breached a duty of procedural fairness.
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5,261.
Khosa v. Canada (Citizenship and Immigration) - 2023 FC 555 - 2023-04-17
Federal Court DecisionsThe second concerns procedural fairness at the RPD hearing. A. Internal Flight Alternative [...] He claimed that both the RPD and the RAD concentrated on the first prong, and “did not at all deal with the second prong” of the IFA test. [...] He argued that the RAD erred by concluding that the RPD’s hearing was procedurally fair.
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5,262.
Sanabria v. Canada (Citizenship and Immigration) - 2020 FC 1076 - 2020-11-20
Federal Court Decisions[6] The first question, that of procedural fairness, must be considered according to a standard of “fairness” similar to that of the correctness standard of review, where the Court decides whether the procedure was fair in all circumstances: Canada (Citizenship and Immigration) v Khosa, 2009 SCC 12 at paragraph 43; Canadian [...] In their second application for judicial review, in docket IMM-3806-19, which deals with the second decision, dated May 23, 2019, the Sanabrias alleged that there was a breach of procedural fairness as the H&C Officer did not consider the additional evidence submitted on May 27, 2019. [...] Nevertheless, in the present circumstances, I cannot conclude that there was a breach of procedural fairness.
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5,263.
P. & S. Holdings Ltd. v. Canada - 2017 FCA 41 - 2017-03-01
Federal Court of Appeal Decisions[15] The Judge also found that the standard of review is correctness, given that the central issue to be resolved involves a question of procedural fairness. [...] Alternatively, the question arises as to whether the Judge could find that any common law duty of procedural fairness had been ousted by the regulatory scheme. [...] Specifically, they submit that she erroneously conflated the test for establishing the content of the duty of fairness and in determining the application of that duty.
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5,264.
Finta v. Canada (Public Safety and Emergency Preparedness) - 2012 FC 1127 - 2012-09-25
Federal Court Decisions3. Did the delegate breach procedural fairness? 4. Did the delegate err by not considering H&C factors? [...] Further, a delegate’s decision to issue a deportation order under subsection 44(2) of the Act is a purely administrative decision that only attracts a minimal duty of fairness. [...] As there was no discretion to refer the 44(1) report to the Immigration Division, there was no breach of procedural fairness in the delegate not doing so.
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5,265.
Brown v. Canada (Attorney General) - 2023 FC 1748 - 2023-12-22
Federal Court DecisionsWith regards to your question about sick leave, yes I believe I have a great deal of sick leave banked. [...] It only seems fair and reasonable that they be treated in the same way as physical illness related to Covid. [...] I simply ask for fairness to be treated in the same way. [40] The Applicant’s grievance was under the April 10, 2020 Direction.
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5,266.
Reihani v. Canada (Citizenship and immigration) - 2022 FC 1426 - 2022-10-19
Federal Court DecisionsHowever, because of the question that arose throughout the hearing of this case as to how to deal with the subpoena allegedly issued to Mr. Baladi, for which supplementary notes were requested, it is both necessary and prudent to refer the matter back to the RAD for reconsideration. [...] The RAD can hardly be faulted for dealing with the grounds of appeal brought before it. [...] A great deal of time was spent on this at the hearing before this Court, with the applicants claiming that the original subpoena had been filed with the RAD and then lost.
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5,267.
Daniels v. Canada (Citizenship and Immigration) - 2018 FC 463 - 2018-05-01
Federal Court Decisions[30] The Applicant has raised three principal grounds of review and I will deal with each in turn. [...] In my view, a fair reading of Kanthasamy and the jurisprudence of this Court interpreting it, shows that there is no merit to the Applicants’ submission that the Officer applied a wrong or incorrect test. [...] [40] In my view, a reading of the Decision as a whole makes it clear that the Officer neither applies the wrong test in her BIOC analysis or deals with Isabella’s best interests through the lens of hardship.
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5,268.
Thibeault v. Canada (Transport, Infrastructure and Communities) - 2015 FC 163 - 2015-02-09
Federal Court Decisions[16] Before assessing the applicant’s four arguments, the Court must deal with the Minister’s preliminary argument that the applicant does not have the interest to act. [...] This jurisdiction is disputed by the applicant, who argues that we are dealing with vessel and not works. [...] [38] As we saw above, the shoreline property owners had the opportunity to make written submissions, so that no issue of procedural fairness arises in this case.
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5,269.
Musqueam First Nation v. Canada - 2007 FC 1027 - 2007-10-05
Federal Court DecisionsIn this regard we hope to deal directly and bilaterally with the Ministry and Canada to work out an accommodation amongst us. [...] The honour of the Crown is always at stake in its dealings with Aboriginal peoples: see for example R. v. Badger, ...; R. v. Marshall,... . [...] In all its dealings with Aboriginals peoples, from the assertion of sovereignty to the resolution of claims and the implementation of treaties, the Crown must act honourably.
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5,270.
Tourki v. Canada (Public Safety and Emergency Preparedness) - 2007 FC 746 - 2007-07-13
Federal Court DecisionsOne deals with contravention; the other deals with penalty and forfeit. [...] (iii) establishing an agency that is responsible for dealing with reported and other information; [...] 19. L'agent peut requérir main-forte pour se faire assister dans l'exercice des pouvoirs de fouille, de rétention ou de saisie que lui confère la présente partie.
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5,271.
Qazi v. Canada (Citizenship and Immigration) - 2007 FC 288 - 2007-03-23
Federal Court Decisions[13] On March 16, 2005, the applicant filed an application for judicial review of this negative PRRA decision on the grounds that he was denied procedural fairness and natural justice because of this undue delay in the delivery of the decision. [...] In the absence of any evidence demonstrating that the applicant has been prejudiced by the delay in providing him with the PRRA decision, I am unable to conclude that the applicant has been denied procedural fairness or natural justice. [...] [17] Because the single contested issue in this case deals with the alleged failure of the Officer to appropriately consider the best interests of the applicant’s three Canadian-born children, I deal below only with those relevant passages of the decision with direct or indirect reference to the best interests of the
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5,272.
Canada (Attorney General) v. Misquadis - 2003 FCA 473 - 2003-12-10
Federal Court of Appeal DecisionsFourth, [the] remedy is ... also fair to the party against whom the order is made. [...] At the same time, his order is fair to HRDC. It gives HRDC the flexibility to negotiate a solution that respects the Respondents' rights but does not unduly undermine an otherwise beneficial program. [...] [38] This Court cannot deal with constitutional arguments raised in a random and unstructured manner.
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5,273.
Giroux v. Canada - 2000-12-04
Federal Court DecisionsThis is, after all, an action for damages; we are not sitting as a selection board or an appeal board established under section 21 of the Public Service Employment Act, R.S.C., 1985, c. P-33, as amended; nor are we dealing with an application for judicial review of an appeal board decision. [...] [23] In summary, according to the plaintiff, we are therefore dealing with two series of delicts committed maliciously and in bad faith by servants of the Crown. [...] . . . 141. Therefore the plaintiff cannot fault Ms. Tremblay, whose submissions were based on the facts in evidence and constituted a necessary, fair and legitimate rebuttal of his submissions;
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5,274.
Peter Ballantyne Cree Nation v. Peter Ballantyne Cree Nation (Council) - 2000-11-03
Federal Court DecisionsB. Whether Councillors Rose Dorion and Henry Morin were afforded natural justice and procedural fairness. [...] [19] I deal first with the issues stated by the parties in the Agreed Statement of Facts and Issues. [...] While there may be general interest in comment upon them, I am not persuaded there are any exceptional reasons for the Court, in the exercise of its discretion, to deal with them.
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5,275.
South Yukon Forest Corporation v. Canada - 2010 FC 495 - 2010-05-05
Federal Court Decisions... I still feel it would only be fair that the truthfull story gets told. [...] that if you intend to impeach a witness you are bound, whilst he is in the box, to give him an opportunity of making any explanation which is open to him; and, as it seems to me, that is not only a rule of professional practice in the conduct of a case, but is essential to fair play and fair dealing with witnesses. [...] In the case at bar, Pilot acknowledges that an insurer is under a duty of good faith and fair dealing.