11,317 result(s)
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5,301.
Tahmourpour v. Canada (Attorney General) - 2010 FCA 192 - 2010-07-19
Federal Court of Appeal DecisionsHowever, since I disagree with all but one of the conclusions reached by the judge, I do not consider it necessary to deal with this issue. [...] The Tribunal deals with this part of Mr. Tahmourpour’s complaint as follows at paragraphs 13 to 27 of its decision: [...] However, the Tribunal’s reasoning cannot be assessed fairly on the basis of paragraph 27 alone.
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5,302.
Air Canada v. Canada (Commissioner of Competition) - 2002 FCA 121 - 2002-03-22
Federal Court of Appeal DecisionsParliament amended the Competition Act to deal specifically with the new reality of Air Canada's market dominance. [...] a) l'ordonnance ne peut faire l'objet d'aucune contestation ou révision judiciaire; [...] Any suggestion that the Commissioner cannot be required to obey the law in his dealings with Air Canada is unacceptable.
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5,303.
Birchcliff Energy Ltd. v. The Queen - 2015 TCC 232 - 2015-10-01
Tax Court of Canada JudgmentsHe was unable to point to any documentary evidence that the deal failed due to financing problems. [...] An individual, Mr. X, owns all the shares of a corporation (Lossco) which have a total fair market value of $100,000. [...] The source of this burden is the concept of “procedural fairness”. The taxpayer should know what case the taxpayer must meet.
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5,304.
G.D. Searle & Co. v. Novopharm Limited - 2007 FC 81 - 2007-01-24
Federal Court DecisionsThis disclosure, as the Supreme Court has said, should be full, frank and fair. [...] It is to be expected that there will be full, frank and fair disclosure. [...] [75] I find otherwise as to the responses dealing with the Matsuo reference.
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5,305.
Twizeyumukiza v. Canada (Citizenship and Immigration) - 2024 FC 974 - 2024-06-24
Federal Court DecisionsFor the reasons that follow, I will not address the issues through the lens of procedural fairness. [...] I therefore find that the proceedings before the RAD did not have the effect of infringing the applicants’ rights of procedural fairness. [...] I cannot conclude that this is a new issue or that there has been a breach of procedural fairness.
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5,306.
El Ali v. Canada (Citizenship and Immigration) - 2021 FC 1082 - 2021-10-15
Federal Court DecisionsIn addition, Mr. El Ali argues that as a self-represented litigant, the Officer owed him a heightened obligation of procedural fairness and in light of a veiled credibility finding, should have flagged for him by way of a procedural fairness letter the shortcomings in his evidence so that Mr. El Ali could have an [...] [27] To determine whether there was a breach of procedural fairness, the Court must determine whether the decision-making process was fair having regard to all of the circumstances (Canadian Pacific Railway Company v Canada (Attorney General), 2018 FCA 69 at paras 54, 56; Mission Institution v Khela, 2014 SCC 24 at para 79 [...] [29] I need not deal with the procedural fairness issue as I find that the Officer failed to properly address the adverse country conditions and the hardship that Mr. El Ali would face if he were to return to Lebanon.
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5,307.
Bayer Inc. v. Canada (Attorney General) - 2020 FC 750 - 2020-07-07
Federal Court DecisionsThis means that the terms and conditions of commercial or financial transactions between related entities must be the same as those that would be obtained if the parties were dealing at arm’s length. [...] • B. Was the Requirement procedurally fair? • C. Was the Requirement reasonable? [...] The broad scope of the Requirement is more a question of reasonableness than procedural fairness.
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5,308.
Natco Pharma (Canada) Inc. v. Canada (Health) - 2020 FC 618 - 2020-05-14
Federal Court DecisionsIts position was that while an in-person hearing was preferable, it was prepared to participate in a video conference as long as all parties had a full and fair opportunity to present their cases. [...] First, the Court must seek to ensure that all parties to this proceeding are treated fairly and have a full and fair opportunity to know the case they have to meet, and to present their arguments to the Court. [...] [39] In some places, certain of the public health restrictions and emergency orders put in place to deal with the pandemic have begun to be lifted, but all authorities agree that the nature, scope, and timing of these steps remain unknown and to a certain extent unknowable at the current time.
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5,309.
Hehar v. Canada (Citizenship and Immigration) - 2016 FC 1054 - 2016-09-19
Federal Court DecisionsA: She is in the office dealing with a client on skype. Q: Can you call her on line [sic]? [...] The Applicant also says there were procedural fairness breaches in that the PFL was inadequate, and in the parallel interview process. [...] Issues of procedural fairness are reviewed on the correctness standard: Canada (Citizenship and Immigration) v Khosa, 2009 SCC 12 at para 43.
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5,310.
Thunderchild First Nation v. Canada (Indian Affairs and Northern Development) - 2015 FC 200 - 2015-02-18
Federal Court Decisions2. Did the Minister fail to observe the principles of natural justice or procedural fairness? [...] C. Did the Minister fail to observe the principles of natural justice or procedural fairness? [...] [37] I agree with the Applicant that in making its decision, the Minister had an administrative duty to act fairly.
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5,311.
De Vazquez v. Canada (Citizenship and Immigration) - 2014 FC 530 - 2014-06-02
Federal Court Decisions[25] Counsel for the Applicants argued that the Officer erred in relying on extrinsic evidence that was not full, fair and accurate, and breached procedural fairness by not giving the Applicants an opportunity to respond. [...] In that context, the Officer’s findings with respect to Argentina’s educational system and its capacity to deal with special needs, was superfluous, to the extent that the issue was not even raised by the Applicants. [...] It will be accepted only when issues of procedural fairness are at stake and, if so, when the information is necessary.
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5,312.
Bashir v. The Queen - 2013 TCC 6 - 2013-01-09
Tax Court of Canada Judgments(c) another person with whom the transferor was not dealing at arm's length, [...] A is the amount, if any, by which the fair market value of the property at that time exceeds the fair market value at that time of the consideration given by the transferee for the transfer of the property, and [...] (1.1) Fair market value of undivided interest — For the purpose of this section, the fair market value at any time of an undivided interest in a property, expressed as a proportionate interest in that property, is, subject to subsection (4), deemed to be equal to the same proportion of the fair market value of that property
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5,313.
Takeda Canada Inc. v. Canada (Health) - 2011 FC 1444 - 2011-12-09
Federal Court Decisions(b) Did the Minister breach a duty of fairness owed to the Applicant in refusing to consider the data submitted? [...] [43] Given the conclusion reached on Issue A, it is unnecessary for me to deal extensively with the Applicant’s argument that fairness was denied by not considering the nature of the data submitted. [...] In addition, I do not find that there was any breach of the duty of fairness owed to the Applicants.
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5,314.
Dufour v. Canada (Attorney General) - 2008 FC 1063 - 2008-09-22
Federal Court Decisions(b) Did the delegate of the Chief of the Defence Staff breach procedural fairness by failing to give the reasons for his decision? [...] Accordingly, I will deal with the applicant's last argument. (d) Does the lack of reasons constitute a breach of procedural fairness? [...] [43] In my opinion, it is now appropriate to recognize that, in certain circumstances, the duty of procedural fairness will require the provision of a written explanation for a decision.
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5,315.
Bourdiert v. Canada (Citizenship and Immigration) - 2007 FC 475 - 2007-05-03
Federal Court DecisionsHowever, the Board did agree to receive a letter from the bank with which the applicant was dealing, which the applicant’s counsel filed out of time, considering the date that the document was prepared, namely August 16, 2006. [...] [21] The second issue involves procedural fairness, for which there is no applicable standard. [...] It is also not disputed that any breach of procedural fairness will invalidate the decision.
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5,316.
Girouard v. Canada (Attorney General) - 2005 FC 915 - 2005-06-29
Federal Court DecisionsA. Did the level II adjudicator commit a breach of procedural fairness by not referring the applicant’s grievance back to the level I adjudicator? [...] [36] I am satisfied that the decision of the level II adjudicator was consistent with procedural fairness in this particular case. [...] [51] I repeat that, in a grievance dealing with classification, the role of the level II adjudicator, like that of the ERC, was limited to the examination of the evidence of errors of fact or procedure.
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5,317.
Thiara v. Canada (Minister of Citizenship and Immigration) - 1997-03-06
Federal Court DecisionsA preliminary challenge to the Board's decision is based on the applicant's submission that the panel erred in law in failing to provide a fair hearing. [...] In my view, reviewing the transcript as a whole, particularly that portion including his direct examination, I conclude that the applicant was denied a fair hearing. [...] In the circumstances here, it seems to me that the applicant and his counsel were not given a full and fair opportunity to present the case.
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5,318.
Bhamra v. Canada (Citizenship and Immigration) - 2014 FC 239 - 2014-03-11
Federal Court DecisionsThe Visa Officer outlined the provisions of the Act dealing with inadmissibility due to misrepresentation, and gave the Applicant 30 days to respond to the concerns raised in writing, after which a decision would be made. [...] The Decision was reasonable, and the process leading up to it was fair. [...] Fairness required that the Applicant be advised of the Officer’s concerns through the procedural fairness letter following the verification call, but the Officer was not required to blindly accept the Applicant’s response to the fairness letter.
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5,319.
Williams v. Cisco Systems, Inc. - 2019 FC 116 - 2019-01-28
Federal Court DecisionsThat Cisco used the words “IT Essentials”, in its dealings with Google entities or other entities operating or administering internet search engines, in such a manner as to influence them to steer traffic to Cisco’s website; and [...] [36] In deciding whether pleadings are “manageable and fair”, the Court should consider the whole of the circumstances, including the relative knowledge and means of knowledge of the parties. [...] [37] The statement at paragraph 19 of Mancuso that “The pleading must tell the defendant who, when, where, how and what gave rise to its liability” must be understood in light of the “manageable and fair” requirement.
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5,320.
Nilam v. Canada (Citizenship and Immigration) - 2016 FC 896 - 2016-08-03
Federal Court DecisionsThey deal with admissibility and security issues. Re-availment, and cessation proceedings based upon re-availment, are not admissibility or security issues. [...] They deal with admissibility and security issues. Re-availment, and cessation proceedings based upon re-availment, are not admissibility or security issues. [...] To simply ignore the Court’s decision and proceed as though Godinez Ovalle had never been decided is neither legal or conducive to a fair and efficient system.
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5,321.
Huruglica v. Canada (Citizenship and Immigration) - 2014 FC 799 - 2014-08-22
Federal Court Decisions(c) to grant, as a fundamental expression of Canada’s humanitarian ideals, fair consideration to those who come to Canada claiming persecution; [...] c) de faire bénéficier ceux qui fuient la persécution d’une procédure équitable reflétant les idéaux humanitaires du Canada; [...] • the role of the RAD was to ensure a fair and efficient adjudication and that refugee protection be granted where appropriate.
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5,322.
ExxonMobil Canada Ltd. v. The Queen - 2009 TCC 25 - 2009-02-12
Tax Court of Canada Judgments“i. the property or service has been provided for fair market value consideration to the employee; and, [...] [21] Before dealing with the application of the sections of the ETA, I wish to note that in this situation we are dealing with an “allowance” and not a “reimbursement”. [...] [29] In addition, there was no evidence produced at the hearing which indicated that the employees paid the Appellants the fair market value of the benefit.
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5,323.
Capri Interiors Ltd. v. M.N.R. - 2004 TCC 23 - 2004-02-03
Tax Court of Canada Judgmentsd) Laurin was hired as a foreman and his duties included overseeing job sites, supervising workers, delivering materials and dealing with general contractors; (Agreed) [...] Generally speaking, the workers found Henry Funk to be very fair and accepted what he offered; sometimes they negotiated for different rates.) [...] On the whole, this witness displayed a great deal of independence, very much being his own man and not tied in at all with Capri.
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5,324.
Sierra Club Canada Foundation v. Canada (Environment and Climate Change) - 2024 FCA 86 - 2024-05-03
Federal Court of Appeal DecisionsWorking backwards, the Committee conducted an unreasonable assessment and denied the appellants procedural fairness. [...] By contrast, the present appeal deals with “federal lands”, which fall within federal jurisdiction. [...] Alternatively, the appellants argue that, if this Court determines that the IAA Reference invalidates the provisions dealing with regional assessments (sections 92–103, 112–112.1), then the Excluded Activities Regs lack a valid enabling provision and must be quashed.
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5,325.
Massey v. Canada - 1997-06-10
Federal Court DecisionsThe Notice is of a hearing into alleged improper conduct by members of the RCMP in dealing with labour unrest at the Yellowknife Giant Mine strike and lockout in June of 1992. [...] The genesis of the Commission was a need for an independent review authority so that members of the public, with complaints against the RCMP, might perceive that such complaints are properly handled by an independent review authority, an authority that would deal with such complaints in an objective, open and fair manner, a [...] Certainly the Commission has a great deal of discretion as to whether to hold a hearing, but the Plaintiffs say that the hearing was held against all of the tenor of the evidence and for the wrong reasons.