11,317 result(s)
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5,476.
Reyes Garcia v. Canada (Citizenship and Immigration) - 2020 FC 66 - 2020-01-17
Federal Court Decisions[4] For the reasons below, I find the Officer breached procedural fairness and that the Officer’s decision is unreasonable. [...] [21] In my view, the correctness standard continues to apply to the issue of procedural fairness in the case at bar. [...] [52] The Officer’s decision is unreasonable and the Officer breached procedural fairness.
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5,477.
Redhead v. Miles - 2019 FC 1605 - 2019-12-17
Federal Court DecisionsQ: And they are responsible for the fairness of the election? A: Yes. [...] [37] I am therefore granting the application for judicial review on the breach of procedural fairness issue. [...] I make this determination with some reluctance as this Court has been called upon previously to deal with disputes.
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5,478.
Canada (Citizenship and Immigration) v. Paramo de Gutierrez - 2016 FCA 211 - 2016-08-29
Federal Court of Appeal DecisionsIt followed that to use the evidence tendered before the RPD would perpetuate the breach of procedural fairness. [...] This was because the decision was based upon principles of fairness and natural justice (reasons, at paragraph 21). [...] The failure of the hearing advisor to respect the respondents’ right to counsel constituted a breach of procedural fairness.
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5,479.
Lin v. Airbnb, Inc. - 2019 FC 1563 - 2019-12-05
Federal Court Decisions[93] I first briefly deal with the second argument raised by Airbnb on the overbreadth of the Class proposed by Mr. Lin, regarding the Guests who were not misled. [...] No evidence indicates or suggests that the case cannot proceed fairly with Mr. Lin as the representative plaintiff. [...] (i) would fairly and adequately represent the interests of the class,
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5,480.
Canada (Citizenship and Immigration) v. Charkaoui - 2005 FC 1670 - 2005-12-09
Federal Court DecisionsOn the other hand stands Canada's constitutional commitment to liberty and fair process. [...] The concepts of oppressiveness and vexatiousness underline the interest of the accused in a fair trial. [...] We'll deal with it now. Do you want to withdraw amendment BQ4, Madeleine?
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5,481.
Banda v. Canada (Attorney General) - 2019 FC 791 - 2019-06-06
Federal Court Decisionsprocedural fairness does not require a standard of review analysis but “a court must be satisfied that the right to procedural fairness has been met” and, “a reviewing court [. . .] asks with a sharp focus on the nature of the substantive rights involved and the consequences for an individual, whether a fair and just [...] The reply from the other recruit was “that is good news I hope you get back in and get trainers who are fair.” [...] I am unable to conclude that Mr. Banda’s right to procedural fairness has been met.
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5,482.
Singh Bajwa v. Canada (Citizenship and Immigration) - 2012 FC 864 - 2012-07-09
Federal Court DecisionsIt is true that the breach of a duty of procedural fairness is an error in law. [...] As such, it can enable an agency to deal with a problem comprehensively and proactively, rather than incrementally and reactively on a case by case basis (see Thamotharem above, at paragraph 55). [...] Did the officer deny the applicants procedural fairness? The applicants also criticize the officer’s reasons and submit that the lack of explanation or analysis supporting the officer’s conclusion was a breach of procedural fairness.
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5,483.
Allergan Inc. c. Canada (Health) - 2012 FC 767 - 2012-06-18
Federal Court Decisions[35] He was not asked to deal with the issue of anticipation of the ‘764 patent. [...] These Rules have rarely been effective in dealing with applications as opposed to actions. [...] [72] In dealing specifically with the NOC Regulations, the attempts by the Court to deal with re-litigation begins with the decision of the Federal Court of Appeal in Sanofi-Aventis Canada Inc v Novopharm Inc, 2007 FCA 163.
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5,484.
Iris Technologies Inc. v. Canada (Revenue Agency) - 2023 FC 188 - 2023-02-08
Federal Court DecisionsIristel focusses on the allegations set out in paragraphs 74 and 75 of the Claim which allege breaches of procedural fairness: [...] • (e) the Defendants actions denied Iristel procedural fairness and natural justice and breached implied and express common law and statutory duties and obligations owed to Iristel (para 98) [...] Parliament has set up a complex structure to deal with a multitude of tax-related claims and this structure relies on an independent and specialized court, the Tax Court of Canada.
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5,485.
Glenogle Energy Inc. v. Canada (Attorney General) - 2022 FC 198 - 2022-02-15
Federal Court DecisionsPer 97(2), a corporation can elect to rollover properties to the partnership at an amount between and including fair market value and the adjusted cost base of those properties. [...] On Jan. 2, 2015, additional intangible oil & gas properties were elected to be transferred to the LP at $786,403, which is between the fair market value of $66,107,990 and nil adjusted cost bas. [...] Given that the ITA provides no guidance to the Minister as to the factors to apply in exercising the discretion set out in section 96(5.1), I am satisfied that the Minister’s delegate’s recourse to an information circular dealing with an analogous ITA provision (IC 76-19R3) and dealing with general taxpayer relief (IC
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5,486.
Phillips v. Capital One Bank (Canada Branch) - 2021 FC 484 - 2021-05-21
Federal Court DecisionsThus, s. 14 provides a mechanism for obtaining a legally binding decision regarding whether an organization’s conduct complies with PIPEDA. Section 14 provides an adequate and broader right for dealing with matters raised in a complaint than does an application for judicial review, such as providing for an award of damages: [...] [41] Ms. Phillips relies on the Supreme Court’s decision in Radulesco for the proposition that it is prejudicial, and a breach of natural justice, to deny a complainant an opportunity to fairly rebut facts and allegations that are contained in an investigator’s report recommending the dismissal of a complaint. [...] Ms. Phillips submits the Order parrots the submissions of the OPC and Capital One, resulting in a reasonable apprehension of bias, and the denial of a right to a fair hearing: Siloch v Canada (Minister of Employment and Immigration) (1993), 10 Admin.
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5,487.
Canada v. CHR Investment Corporation - 2021 FCA 68 - 2021-04-09
Federal Court of Appeal Decisions[23] There is of course no question that examination on discovery is designed to deal with matters of fact. [...] 95 (1) La personne interrogée au préalable répond, soit au mieux de sa connaissance directe, soit des renseignements qu’elle tient pour véridiques, aux questions pertinentes à une question en litige ou aux questions qui peuvent, aux termes du paragraphe (3), faire l’objet de l’interrogatoire préalable. [...] [32] In other cases dealing with the application of the GAAR in the context of the loss streaming provisions of the Act, this Court has upheld the Tax Court’s finding that certain documents prepared by the CRA were to be disclosed.
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5,488.
Perron-Ali v. The Queen - 2021 TCC 6 - 2021-02-12
Tax Court of Canada Judgments[61] The Appellants attended some intensive three-day weekend training sessions that focused on different strategies for investing and dealing in real estate. [...] Fort Erie is a fair distance from Toronto but much closer to Niagara Falls than Toronto. [...] Although both were in Toronto, there was a fair distance between the Woodbine and Greenwood race tracks.
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5,489.
Venti v. M.N.R. - 2019 TCC 142 - 2019-06-27
Tax Court of Canada Judgments[29] Therefore, the criteria set out in the C.C.Q. must be applied to determine whether we are dealing with a contract of service (or contract of employment) or a contract of enterprise or for services. [...] However, according to Ms. Venti, this contract could not have a great deal of value as regards her because the term [translation] “massage therapist” is used to refer to her, whereas she is not a massage therapist. [...] [66] The chance of profit and risk of loss indicators are also fairly neutral, or are ever so slightly conducive to characterizing the contract between Ms. Venti and Mr. Lamothe as a contract for services.
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5,490.
Alvarez Vasquez v. Canada (Public Safety and Emergency Preparedness) - 2018 FC 1083 - 2018-10-30
Federal Court Decisions[32] Because the judicial review in this case applies to the Report, the respondent submits that the issue is instead, [translation] “Did the enforcement officer violate the principles of natural justice or breach procedural fairness in rendering her inadmissibility report under subsection 44(1) of the Act? [...] [40] The Court must first decide how to deal with the new arguments that the applicant wished to raise at the hearing and with the applicants’ affidavits. [...] [57] First, the Court is not dealing with an application for judicial review of the officers’ decision to arrest the applicant, and it will therefore consider only those alleged Charter violations that are connected to the case before it.
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5,491.
Szymczyk v. The Queen - 2014 TCC 380 - 2014-12-30
Tax Court of Canada Judgments[46] When the Authorization was issued in 1982, the Act contained no specific provision dealing with operating expenses. [...] [56] Since the Authorization was not valid, it is fair for Mr. Szymczyk to bear the usual burden of proof. [...] [59] With respect to the failure of the CRA to contact Mr. Szymczyk prior to issuing the assessments, the issue is one of fairness.
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5,492.
Burlington Resources Finance Company v. The Queen - 2013 TCC 231 - 2013-07-17
Tax Court of Canada JudgmentsThe very purpose of pleadings is to force parties to clearly articulate their cases so that the pre-trial process is fair and efficient. [...] At the very least, such allegations are likely to delay the fair hearing of CIBC’s tax appeals, and I also agree with the judge that they are also prejudicial and vexatious. [...] The correct question under paragraphs 247(2)(a) and (c) is whether the terms or conditions imposed in respect of the guarantee itself, not the terms or conditions of the guarantee fees, differed from those that would have been set between persons dealing at arm’s length.
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5,493.
371501 B.C. Ltd. v. The Queen - 2013 TCC 124 - 2013-04-24
Tax Court of Canada JudgmentsSo, there are a range of issues, but there is no tax consequence that comes to a shareholder from subscribing shares, of which I'm aware, other than potentially causing association issues, but we would deal with that with the client in the association analysis. [...] ... the Court is not bound by any legal or technical rules of evidence in conducting a hearing and the appeal shall be dealt with by the Court as informally and expeditiously as the circumstances and consideration of fairness permit. [...] My primary concern was to deal with the appeal hearing reasonably and "as informally and expeditiously as the circumstances and consideration of fairness" permitted.
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5,494.
Tursunbayev v. Canada (Public Safety and Emergency Preparedness) - 2012 FC 504 - 2012-05-02
Federal Court DecisionsIndividuals representing the Crown before courts and tribunals always have an obligation to be candid and fair in their dealings both with litigants and with the courts and tribunals themselves. [...] In such circumstances, the duty of fairness required that the Board put its concern to Mr. Tursunbayev and that he be provided with an opportunity to explain his position in this regard. [...] [86] While the Board did not attach a great deal of weight to this finding, it was nevertheless unreasonable for it to conclude that Mr. Tursunbayev had misrepresented his net worth to Canadian immigration authorities during the processing of his application for permanent residence.
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5,495.
Deschênes v. Canadian Imperial Bank of Commerce - 2009 FC 799 - 2009-08-05
Federal Court DecisionsEither we are dealing with someone who intentionally produced false reports in order to receive commissions or a very disorganized individual whom we would not want to represent us to our best clients (impugned decision, para. 1436). [...] Today the applicant submits that the referee breached a rule of procedural fairness in requiring that she provide documentary evidence of these claims, which she was unable to do, since the documents were in the possession of the respondent. [...] Moreover, the referee breached no rule of procedural fairness. As he had the power to control the procedure and the evidence submitted, it was open to the referee to impose certain formal requirements and to draw conclusions from the lack of evidence.
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5,496.
McFadyen v. Canada (Attorney General) - 2009 FC 78 - 2009-02-13
Federal Court Decisions[31] Mr. McFadyen submits that the Commission breached procedural fairness in that it relied on the reports of the investigator which were neither thorough nor neutral. [...] Therefore, they were also not investigated as the Commission has no jurisdiction to deal with these grounds. [...] Neither the Commission nor the investigator breached procedural fairness and the decision of the Commission to dismiss the applicant’s complaints was reasonable based on the evidence before it.
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5,497.
Canadian Tire Corporation v. Accessoires d’autos nordiques inc. - 2006 FC 1431 - 2006-11-27
Federal Court Decisions[6] The Registrar upheld the respondent’s opposition on grounds (b) and (e), dismissed ground (a) as insufficiently pleaded, did not deal with ground (c), finding that the use of the trade-mark NORDIQUES and N Design constitutes use of the trade-mark NORDIQUES, and dismissed ground (d). [...] When dealing with famous or well-known marks, it may be more difficult to demonstrate that there is no likelihood of confusion, especially if the nature of the wares are similar. [...] [45] I accept that the trade-marks are not inherently distinct, that the applicant’s trade-mark has been shown to have been used in Canada for the past seven years and to have become fairly well known, that both trade-marks look very different and are associated with different ideas, and that there has been no reported
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5,498.
Jaballah v. Canada (Minister of Public Safety and Emergency Preparedness) - 2006 FC 1316 - 2006-10-31
Federal Court Decisions[19] Section 83, specifically subsection 83(3) deals with preventive detention while subsection 84(2) is concerned with removal: Charkaoui at paragraph 21. [...] (c) the judge shall deal with all matters as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit; [...] g) si le juge décide qu’ils sont pertinents, mais que leur divulgation porterait atteinte à la sécurité nationale ou à celle d’autrui, ils ne peuvent faire partie du résumé, mais peuvent servir de fondement à l’affaire;
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5,499.
Loblaws Inc. v. No Frills Auto and Truck Rental Ltd. - 2006 FC 537 - 2006-04-28
Federal Court DecisionsThe Registrar stated that according to this evidence, No Frills had changed its name to its current name on July 22, 1992 and commenced business dealings under that name and the mark NO FRILLS shortly thereafter. [...] [47] Because of my conclusion on the foregoing matter, I need not deal with the remaining grounds of opposition. [...] (2) L'emploi d'une marque de commerce crée de la confusion avec une autre marque de commerce lorsque l'emploi des deux marques de commerce dans la même région serait susceptible de faire conclure que les marchandises liées à ces marques de commerce sont fabriquées, vendues, données à bail ou louées, ou que les services liés
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5,500.
Pintendre Autos Inc. v. The Queen - 2003 TCC 818 - 2003-12-05
Tax Court of Canada Judgments30. The same auditor's statement of account stated that a "fairness package will be filed for $36,127.72 in penalties and $5,668 in interest"; [...] 31. On June 7, 2002, the Appellant received confirmation that pursuant to fairness package provisions, the Respondent was waiving the penalties and interest in the case at issue; [...] Every enactment is deemed remedial, and shall be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objects.