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11,317 result(s)

  • 5,401.

    Bi v. Canada (Citizenship and Immigration) - 2012 FC 293 - 2012-03-07

    Federal Court Decisions

    2. Did the IAD breach its duty of procedural fairness by not adjourning the hearing?   [...]  B. Did the IAD breach its duty of procedural fairness by not adjourning the hearing?   [...]  Other remarks made by the member pertinent to the issue of procedural fairness and the quality of the Applicant’s counsel include the following: “There’s not going to be an issue about whether or not [the Applicant] is going to get a fair hearing.

  • 5,402.

    Ralph v. Canada (Attorney General) - 2010 FCA 256 - 2010-10-05

    Federal Court of Appeal Decisions

    i. determining if the appellant was treated fairly in accordance with DFO’s licensing policies, practices and procedures;   [...]  Baker emphasizes at paragraphs 23 to 28 that the level of procedural fairness to be afforded depends upon the circumstances and may vary from no obligation whatsoever, to a high obligation.   [...]  [19] At the same time, the requirement to provide adequate reasons does not require a decision-maker to deal with every matter or issue raised before it.

  • 5,403.

    Suleyman v. Canada (Citizenship and Immigration) - 2008 FC 780 - 2008-06-20

    Federal Court Decisions

    [13] Mr. Suleyman’s first four issues all involve questions of procedural fairness.   [...]  While there is considerable overlap between the issues, as there was in the submissions made by counsel, I will endeavour to deal with each of the issues separately, in the order in which they were addressed by counsel.   [...]  The failure to allow him such an opportunity amounts, he says, to a denial of procedural fairness.

  • 5,404.

    729658 Alberta Ltd. v. The Queen - 2004 TCC 474 - 2004-06-29

    Tax Court of Canada Judgments

    [26] I do not agree that the position of the Crown in this case is a fair extension of these accepted interpretations.   [...]  These definitions suggest that the allocation should be fair and moderate.   [...]  The purchaser was 3358755 Canada Ltd., a corporation dealing at arm's length with Messrs.

  • 5,405.

    Miller v. M.N.R. - 2001-09-26

    Tax Court of Canada Judgments

    ... (i) employment if the employer and employee are not dealing with each other at arm's length.   [...]  y) the Appellant is not dealing with the Payor at arm's length; [8] Before I deal with these assumed facts, I would like to comment in general on the witnesses.   [...]  This difficulty should be removed in the interest of fairness and the saving of tax dollars.

  • 5,406.

    Miller v. M.N.R. - 2001-01-19

    Tax Court of Canada Judgments

    Employment arrangements made between persons, who are not dealing with each other at arm's length, are categorized as not included.   [...]  If it is a substantially similar contract of employment, Parliament has deemed it to be only fair that it should be included in the scheme.   [...]  [61] Subsection 93(3) of the EI Act deals with appeals to and the determination of questions by the Minister.

  • 5,407.

    Canada (Attorney General) v. Ortis - 2022 FC 142 - 2022-02-08

    Federal Court Decisions

    As well, with the agreement of the parties, I will be dealing with the redacted information in three phases.   [...]  This discussion is intended to assist the trial judge in assessing the impact of the non-disclosure order on Mr. Otis’s right to a fair trial.   [...]  b) entité faisant ou prétendant faire fonction de gouvernement pour un territoire étranger, que le Canada reconnaisse ou non le territoire comme État ou l’autorité de l’entité sur celui-ci;

  • 5,408.

    Bird v. Paul First Nation - 2020 FC 475 - 2020-04-02

    Federal Court Decisions

    Was there a violation of the Applicants’ procedural fairness rights?   [...]  A. Was there a violation of the Applicants’ procedural fairness rights?   [...]  [23] The Applicants allege a violation of their procedural fairness rights without expanding upon how the EO should have treated them more fairly.

  • 5,409.

    Canada (Indian Affairs) v. Daniels - 2014 FCA 101 - 2014-04-17

    Federal Court of Appeal Decisions

    In 1894, Parliament amended the Indian Act to broaden the specific provision dealing with persons who sold intoxicating liquor to an “Indian”.   [...]  [100] I also conclude that, read fairly, the Judge did not mean to equate “Indian heritage” with “First Nations heritage”.   [...]  • In 1894 Parliament amended the Indian Act to broaden the provision dealing with persons who sold intoxicating liquor to an Indian.

  • 5,410.

    Canada (Attorney General) v. Fetherston - 2005 FCA 111 - 2005-04-05

    Federal Court of Appeal Decisions

    [16] Procedural fairness questions are not subject to a pragmatic and functional analysis.   [...]  Therefore, the Agency must be careful in the way it deals with the cancellation of an accreditation.   [...]  NATURAL JUSTICE AND PROCEDURAL FAIRNESS [42] Other than his finding in respect of bias, the learned judge made no decision with respect to the fairness of the procedures followed in this case.

  • 5,411.

    Sandoz Canada Inc v. Canada (Attorney General) - 2014 FC 501 - 2014-05-27

    Federal Court Decisions

    There, in the section dealing with the “Sandoz Division”, the report states that “[w]herever possible, our generic products are protected by our own patents”.   [...]  [14] Sandoz argues that the Board’s decision should be reviewed on a standard of correctness because it relates to the Board’s jurisdiction and deals with concepts that transcend the Board’s role – for example, the meaning of “patentee”, “invention”, and “patentee rights”.   [...]  92. Dans chaque province la législature pourra exclusivement faire des lois relatives aux matières tombant dans les catégories de sujets ci-dessous énumérés, savoir :

  • 5,412.

    Wood v. Canada (Attorney General) - 2001-01-19

    Federal Court Decisions

    [29] In the case at bar, the respondent submits that the Board fairly considered all the evidence before it and reasonably concluded that there was no proof that the applicant had a disability which resulted from a service-related injury.   [...]  [34] I deal briefly with the issue of admissibility of the applicant's training and parachute jump log books addressed by counsel.   [...]  [35] The Board erred in exercise of jurisdiction by coming to a conclusion that failed to deal expressly with evidence from which an inference favourable to the applicant might have been drawn.

  • 5,413.

    Poirier v. The Queen - 2000-09-28

    Tax Court of Canada Judgments

    (ii) to a person with whom the taxpayer was dealing at arm's length of any property that is   [...]  (C) the fair market value of the share is nil, and (D) it is reasonable to expect that the corporation will be dissolved or wound up and will not commence to carry on business   [...]  In light of this conclusion, I need not deal at length with Ms. Van Der Hout's argument that the guarantees were not given for the purpose of gaining or producing income.

  • 5,414.

    Guimond v. M.N.R. - 1998-09-11

    Tax Court of Canada Judgments

    [44] We are dealing here with a small business frequented by people who know each other well, whose customers are indulgent and tolerant.   [...]  For this reason, I set out below the principles which may fairly be derived from the authorities in this Court with respect to subparagraph 3(2)(c)(ii).   [...]  [84] The payer did say that the appellant performed nearly all the payer's duties, and was not just shelving goods, labelling them and dealing with customers.

  • 5,415.

    Jaballah v. Canada (Public Safety and Emergency Preparedness) - 2008 FC 9 - 2008-01-04

    Federal Court Decisions

    [19] Mr. Jaballah also requests that CBSA be granted permission to deal with unanticipated daily matters.   [...]  [31] The evidence indisputably indicates that Ahmad spends a great deal of his time at the university.   [...]  In fairness to both Messrs. Jaballah and Mahjoub, Mr. Behrens should not spread himself too thin.

  • 5,416.

    Apotex Inc. v. Canada (Health) - 2017 FC 315 - 2017-03-27

    Federal Court Decisions

    So we are only dealing with submissions containing data generated before January 2015.   [...]  • c) TPD had data integrity concerns before the Import Ban and was looking for a way to deal with them;   [...]  In fact, there were – and are – concerns that TPD is legally obliged to assess and deal with.

  • 5,417.

    Adu v. Canada (Citizenship and Immigration) - 2023 FC 1363 - 2023-10-13

    Federal Court Decisions

    Therefore, it is the Applicant’s point of view that his right to procedural fairness was breached, as he did not have the opportunity to respond to the concerns of the SIO.   [...]  [18] The second issue raised by the Applicant is one of procedural fairness.   [...]  [36] I do not agree that the SIO breached the Applicant’s right to procedural fairness.

  • 5,418.

    Aluthge v. Canada (Citizenship and Immigration) - 2022 FC 1225 - 2022-08-25

    Federal Court Decisions

    [11] On November 4, 2019, Ms. Aluthge received a procedural fairness letter from the Officer, setting out their concern that the Applicants may be inadmissible for misrepresentation.   [...]  In her response to the procedural fairness letter, Ms. Aluthge explained that her former representative had advised that it was unnecessary to disclose the circumstances of her husband’s departure from Australia.   [...]  This Court has found that, given these severe consequences, a heightened duty of procedural fairness is owed (Likhi v Canada (Minister of Citizenship and Immigration), 2020 FC 171 at para 27).

  • 5,419.

    Thomas v. One Arrow First Nation - 2019 FC 1663 - 2019-12-31

    Federal Court Decisions

    At the hearing of this matter, counsel for Ms. Thomas asserted that a First Nation’s council has an inherent and unlimited power to deal with the affairs of the First Nation, including the calling of an election.   [...]  E. Procedural Fairness [34] Lastly, Ms. Thomas argues that One Arrow acted in a procedurally unfair way.   [...]  Thus, it cannot be said that the council acted in breach of procedural fairness by failing to take such unknown steps.

  • 5,420.

    Chaplin v. Canada (Public Safety and Emergency Preparedness) - 2012 FC 130 - 2012-02-02

    Federal Court Decisions

    • Plane tickets are paid for in cash by a third party for many reasons, particularly where an employee is going on a business trip and the employer often deals in cash.   [...]  V. Issue Two – Did the delegate breach the duty of procedural fairness?   [...]  [27] Mr. Chaplin submits that the Minister’s delegate also ignored other evidence, which was a further breach of procedural fairness:

  • 5,421.

    Kikeshian v. Canada (Citizenship and Immigration) - 2011 FC 658 - 2011-06-08

    Federal Court Decisions

    [6] The record indicates that while the visa officer did not directly inform the Province of Saskatchewan of his concerns, Mr. Kikeshian passed along the visa officer’s fairness letter of June 14, 2010.   [...]  It is not open to a decision-maker to ignore a statutory consultation obligation and any such failure is a breach of the duty to fairness.   [...]  Indeed the visa officer understood the distinction by stating that the initial concern about Mr. Kikeshian’s intention to reside in Saskatchewan arose under ss 87(2)(b) of the Regulations whereas the final decision was based on ss 87(3) dealing with economic establishment in Canada.

  • 5,422.

    Fathi v. Canada (Citizenship and Immigration) - 2011 FC 558 - 2011-05-17

    Federal Court Decisions

    [9] A fairness letter containing the officer’s preliminary assessment was sent to the applicant on January 22, 2010 and a response received on February 25, 2010.   [...]  Counsel for the respondent fairly conceded this point at the hearing.   [...]  [21] Section 40 of the IRPA deals with inadmissibility due to misrepresentation.

  • 5,423.

    McLawrence Abrams v. Canada (Citizenship and Immigration) - 2010 FC 1222 - 2010-12-03

    Federal Court Decisions

    Hence, I will not deal with this issue as to whether the applicant failed to pursue a statutory remedy before commencing a judicial review application.   [...]  Did the IAD deny the applicant his right to counsel, or otherwise fail to afford the applicant a fair hearing?   [...]  [21] Despite the fact of not having counsel present, the applicant did have a fair hearing.

  • 5,424.

    Duitama Gomez v. Canada (Public Safety and Emergency Preparedness) - 2010 FC 765 - 2010-07-20

    Federal Court Decisions

    1. Did the PRRA Officer deny the Applicant’s procedural fairness by not receiving the Applicants’ further evidence?   [...]  The standard of correctness generally applies to questions of law; such as questions of natural justice or procedural fairness.   [...]  Instead of dealing with this head-on, the Officer generalizes about a steady decline in FARC kidnappings between 2002 and 2006 and concludes FARC is in “irreversible decline” and “weakening”.

  • 5,425.

    Jiang v. Canada (Citizenship and Immigration) - 2010 FC 222 - 2010-02-25

    Federal Court Decisions

    [27] She argued a fair reading of the tribunal’s decision reveals it did not conflate arrests as the sole badge of persecution.   [...]  [34] The issue of bias is to be analyzed on the basis of correctness as it is a question of fairness and natural justice (see Dunsmuir, at paragraph 50).   [...]  I agree with the tribunal’s reasons no well informed individual looking at the matter practically would consider the tribunal would not deal with the matter fairly.