11,317 result(s)
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5,576.
Anjum v. Canada (Minister of Citizenship and Immigration) - 2004 FC 496 - 2004-04-02
Federal Court DecisionsWell the rules are in place to allow an efficient system and yet its fair to claimants. [...] In fairness, the Respondent ought not to be able to escape the consequences of the IRB's error. [...] [24] The phrase "default in the proceedings" appears in the context of other phrases which indicate legislative intent to deal with the disregard of the IRB's process, deliberate or negligent.
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5,577.
T.J.'S Transportation & Lumber Ltd. v. The Queen - 2003 TCC 584 - 2003-09-03
Tax Court of Canada JudgmentsThe appeal concerns a section 160 assessment for over $40,000.00 in respect of a non-arm's length transfer of property for less than fair market value to the corporation. [...] [6] The Appellant submitted a list of fixed assets with a total value of $149,680.00 including land and buildings assessed, for property tax purposes, at $119,000.00 which the Respondent submitted was not representative of the fair market value of the property. [...] He also comments that the problem with having complex cases proceed without competent representation is a matter this Court deals with frequently as if to suggest it should not be given much weight.
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5,578.
Ryan v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 1413 - 2001-12-20
Federal Court Decisions[7] I shall deal with each asserted basis of irreparable harm in turn. [...] In Justice Reed's words "[t]here is a public interest in having a system which operates in an efficient, expeditious and fair manner and which, to the greatest extent possible, does not lend itself to abusive practices. [...] [18] Those who come to this Court seeking equitable relief must themselves do equity in accordance with the maxim that they who seek equity must do equity in the popular sense of what is right and fair.
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5,579.
Cyr v. Canada (Attorney General) - 2000-11-24
Federal Court Decisionsà un concours interne, tout candidat non reçu peut, dans le délai fixé par règlement de la Commission, en appeler de la nomination devant un comité chargé par elle de faire une enquête, au cours de laquelle l'appelant et l'administrateur général en cause, ou leurs représentants, ont l'occasion de se faire entendre. [...] As no application to this effect was made, the selection board did not deal with the matter.
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5,580.
Muchhala v. Canada (Minister of Citizenship and Immigration) - 2000-08-21
Federal Court DecisionsThe applicant argues that the personal suitability finding was focussed on issues dealing with his intended occupation and not all the broad factors which should be considered. [...] law or a breach of the duty of fairness. The respondent argues that the visa officer provided a full and fair assessment of the application and the applicant has not shown that the visa officer made any error or breached any duty so that the decision may be interfered with.
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5,581.
Simard v. The Queen - 2000-05-18
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 [...] [21] As he was clearly very familiar with the file of Pierre A. Durand, having devoted a great deal of time and energy to it, and given Mr. Durand's very large tax liability, he made an assumption rather than actually verifying whether there was in fact consideration corresponding to all or part of the amount of the
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5,582.
Lazar v. Canada (Attorney General) - 1999-04-21
Federal Court DecisionsHe relied on the common law duty of fairness and section 7 of the Canadian Charter of Rights and Freedoms to support this contention. [...] [15] I shall deal first with the question of whether the application for judicial review should be dismissed for prematurity. [...] whether a benefit is payable (subsection 84(1)) is broad enough to enable them to hear and decide Charter challenges to the validity of the enabling legislation, or any questions of common law relating to the procedural fairness of the decision-making process, that are relevant to an appellant"s entitlement to a pension.
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5,583.
Bérubé v. Construction Raymond Bérubé Inc. - 1998-11-06
Federal Court of Appeal Decisions4. The judgment debtor deals with the suppliers and particularly, as regards the exchange of correspondence, with potential problems, signing security bonds and affidavits (pages 29, 31 and 32 of the examination); [...] [17] WHEREAS it is reasonable and fair to declare and value the services rendered by the judgment debtor to the garnishee at a bimonthly net remuneration of $1,420.62 or more; [...] [20] WHEREAS there is no doubt, given the importance and responsibility of the judgment debtor"s duties, that the net sum of $1,420.62 every two weeks is reasonable and fair;
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5,584.
MacMillan v. The Queen - 1998-11-05
Tax Court of Canada Judgments(e) the Minister failed to discharge his duty to act fairly; [6] The issue is whether the Appellant was engaged in a business in taxation year 1991 or whether the business loss was that of the Company in which instance, the losses claimed by the Appellant were properly disallowed by the Minister. [...] Since it is fairly clear from the evidence that the taxi business was being carried on throughout 1991 by the Company and since there is no other evidence that an allowable business loss actually occurred in the Appellant's 1991 taxation year, he cannot succeed on this issue. [...] This Court has no jurisdiction to deal with this matter since the only tax year before it is 1991.
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5,585.
Daher v. Canada (Minister of Citizenship and Immigration) - 1998-06-29
Federal Court DecisionsThose factors may have affected his own conduct, for example, his failure to indicate interest in claiming refugee status when asked on his arrival, but they are not significant in the sense that the Senior Immigration Officer dealing with him should have had any awareness of them. [...] In that case the right to counsel before the issuance of the exclusion order was raised, in relation to the Charter and in light of the principle of fairness, and natural justice. [...] No authority to do so arises by virtue of s. 7 of the Charter or the principle of fairness at common law.
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5,586.
Lau v. Canada (Minister of Citizenship and Immigration) - 1998-04-17
Federal Court Decisions[3] The applicant received a "fairness letter" dated January 12, 1996, providing him with the opportunity to respond within thirty days to a medical assessment of his daughter, Wai Kwan Lau, dated October 31, 1995 by Dr. Giovinazzo, failing which his application would automatically be refused. [...] [4] The applicant's counsel responded to the "fairness letter" on February 12, 1996, challenging the medical assessment and seeking more information. [...] [11] It can be noted from this passage that Justice Cullen placed a great deal of emphasis on the impact of family support on the demands an individual's medical condition might place on Canadian health and social services.
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5,587.
Sendher v. The Queen - 1997-11-25
Tax Court of Canada JudgmentsSection 54(g)(v) deals with the amount of land to be included with the principal residence, the pertinent portion thereof reads: [...] [13] The Respondent accepts that $700,000 was the fair market value of the whole parcel (municipally known as 12274-64th Avenue) at the time of disposition. [...] The Appellant did not take issue that if there was excess acreage, it had a fair market value of $397,300.
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5,588.
Baldwin v. Jennifer Martha (Ship) - 1997-03-19
Federal Court DecisionsThe significant delay in prosecuting this action will give rise to a substantial risk that (i) it is not possible to have a fair trial of the issues in the action; or (ii) it is likely to cause or to have caused serious prejudice to the Defendants. [...] There is a very substantial risk that it will not be possible to have a fair trial, and there is a very substantial risk of serious prejudice to the Defendants, given that memories will have faded and it will be impossible to collect relevant physical or documentary evidence. [...] In dealing with the third part of the test, the element of prejudice, Mr. Justice Strayer stated, at 224:
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5,589.
Richards v. Canada - 2022 FC 1763 - 2022-12-20
Federal Court DecisionsIt is also fair to say that he left no stone unturned when he drafted the pleadings that commenced this action. [...] He would probably be the first to admit that he is not always an easy person to deal with, especially in institutional settings. [...] [72] It is fair to say that the period of the lockdown was very stressful for inmates and CSC staff alike.
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5,590.
Serhii v. Canada (Citizenship and Immigration) - 2016 FC 841 - 2016-07-20
Federal Court DecisionsThe Gupta decision did not deal with a procedural fairness issue, but rather with whether the delegate should have referred the matter to the Immigration Division. [...] [11] The sole issue is whether the Delegate breached the duty of fairness. [...] However, this does not prevent them from giving rise to obligations of procedural fairness.
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5,591.
Lachance Kirouac v. The Queen - 1998-06-17
Tax Court of Canada JudgmentsFair market value according to financial statements 35,966 Cost: (28,594) [...] Nonetheless, both experts agreed on the definition of fair market value. [...] I find it surprising that three full-time managers would have been needed year-round to deal with a single delivery man employed only during the winter season.
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5,592.
Marine Atlantic Inc. v. The King - 2024 TCC 51 - 2024-04-26
Tax Court of Canada Judgments• -whether the Appellant applied its methodology in a fair and reasonable or consistent manner; [...] 2. The Tariff was also never intended to be so paltry as to be insignificant and play a trivial role for litigants in dealing with their litigation. [...] [29] I agree with the Respondent that section 141.01, the key provision of the GST Act when dealing with indirect costs, is a complex provision.
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5,593.
Johnson v. Canadian Tennis Association - 2023 FC 1605 - 2023-11-30
Federal Court Decisions[would] think that it is more likely than not that the [decision-maker], whether consciously or unconsciously, would not decide fairly”: Firsov at para 56, citing Yukon Francophone School Board, Education Area #23 v Yukon (Attorney General), 2015 SCC at paras 20-21, 26. [...] Rather, proper reply submissions are “limited to issues that a party had no opportunity to deal with, or which could not reasonably have been anticipated”: Deegan v Canada (Attorney General), 2019 FC 960 at para 121. [...] [39] Justice Grammond recently held that “[c]ase management judges do not show bias simply by discharging their duty of managing the proceeding in a fair and efficient manner or by requiring compliance with the Federal Courts Rules”: Onischuk at para 44.
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5,594.
Bird v. Peter Ballantyne Cree Nation - 2022 FC 994 - 2022-07-05
Federal Court DecisionsThe Respondents’ counsel submits that the 2019 Legal Opinion is inappropriately before this Court because it is a privileged document and deals with a completely different legal matter. [...] I also agree with the Applicant that the impugned decision, and the events leading up to it, raise concerns of procedural fairness that constitute a serious issue, as do the merits of the decision. [...] Her removal from the Office of Chief was a result of her misconduct in office and is distinguishable from the jurisprudence dealing with the reinstatement of a Chief or a Councillor pending an election appeal.
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5,595.
Porter v. Boucher-Chicago - 2021 FCA 102 - 2021-05-26
Federal Court of Appeal DecisionsThe appellant Fred Porter, the appointed Adjudicator, was to deal with election complaints and appeals in accordance with the Election Code. [...] The consistent and fair interpretation is that all those with indictable criminal convictions on their record may not serve. [...] Such an election has not taken place, presumably as a result of the Notice of Appeal, and the parties agree that there is no need to deal further with this issue as a regular election is scheduled to take place in August 2021.
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5,596.
Meleca v. Canada (Attorney General) - 2020 FC 1159 - 2020-12-30
Federal Court DecisionsCRA also has a written guide that describes when it will recommend tax debt forgiveness, to ensure that remission decisions are all made as consistently and fairly as they can be. [...] 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. [...] Consistent with that approach, the appellate courts have concluded that the Federal Court does not have jurisdiction to deal with the correctness of assessments under the ITA or the Excise Tax Act. Those issues are for the Tax Court of Canada: Canada (Attorney General) v. British Columbia Investment Management Corp., 2019
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5,597.
Guest Tek Interactive Entertainment Ltd. v. Nomadix, Inc. - 2020 FC 860 - 2020-08-27
Federal Court DecisionsNonetheless, I am satisfied that a fair trial that respects the interests of the parties and allows their cases to be fully presented and argued can be conducted by videoconference. [...] I do this in recognition that both the pandemic and its impacts on litigation have been evolving rapidly, and that parties and counsel have had to consider a number of options that might fairly be described as moving, or at least uncertain, targets. [...] Courts in every jurisdiction are dealing with the pandemic in the best way possible to address the situation in their particular location and the constraints and concerns they are facing.
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5,598.
Canada (National Revenue) v. Montana - 2019 FC 900 - 2019-07-08
Federal Court DecisionsThis Order and these Reasons deal with both motions. Accordingly, a copy of this Order and Reasons shall be placed in each motion file. [...] After its issuance, the Respondents appealed the order denying the adjournment request, but not the Compliance Order, on the basis that the Court had denied the Respondents, among other things, procedural fairness and the right to a fair hearing. [...] [36] I do not agree with the Respondents’ counter argument that the delivery of the Material to CRA offices does not fall within the “scope and manner” of an audit, but rather that the “scope and manner” deals with when an audit has begun.
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5,599.
University of California v. I-Med Pharma Inc. - 2016 FC 350 - 2016-03-24
Federal Court DecisionsAs such, current users can return the TearLab System to TearLab fairly promptly if, for example, a competing and lower-price device comes onto the market. [...] First of all, TearLab says that Dr. Rosenblatt’s experience and expertise reside in the pharmaceutical industry and he does not have the wherewithal to provide expertise in this context where we are dealing with a medical device that is marketed in the particular way that TearLab markets its system. [...] [49] Both parties have requested that the Court not deal with costs until after the interlocutory decision is decided.
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5,600.
Professional Institute of the Public Service of Canada v. Canada (Attorney General) - 2011 FCA 143 - 2011-04-26
Federal Court of Appeal Decisionsa) sa décision est réputée faire partie de l’entente; b) les parties sont réputées avoir conclu une entente sur les services essentiels. [...] [38] A comparison with a recent decision of the Board dealing with the CS Group of employees at the Department of Public Safety highlights the deficiencies of the proposed definition. [...] [39] In an earlier decision dealing with Border Services Officers at CBSA, the Board gave a definition of essential services which also highlights the deficiencies of the proposed definition (Border Services):