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Belleau v. Canada (Attorney General) - 2013 FC 15 - 2013-01-09

The Board has full and exclusive jurisdiction to hear, determine and deal with all appeals of decisions of the review panel.   [...]   ou la modifier s’il constate que les conclusions sur les faits ou l’interprétation du droit étaient erronées; il peut aussi le faire sur demande si l’auteur de la demande allègue que les conclusions sur les faits ou l’interprétation du droit étaient erronées ou si de nouveaux éléments de preuve lui sont présentés.   [...]   (or anxiety neurosis) are frequently associated pathologies, and he clearly distinguishes them by specifying that Mr. Belleau was [translation] “also” recognized to be suffering from chronic dysthymia and that he was [translation] “dealing with comorbid conditions, namely, a generalized anxiety disorder and a dysthymia”.

Laboratoires Servier v. Apotex Inc. - 2006 FC 1443 - 2006-11-29

[5] On November 8, 2006, the Plaintiffs filed a Notice of Motion for an interlocutory injunction restraining the Defendants from using, making, selling, distributing, exporting, supplying and in any way dealing with the compound perindopril and asked that a judgment on the interlocutory injunction motion be issued before   [...]   they submitted in support of their motion to strike the statement of claim or certain paragraphs thereof (Prothonotary Aronovitch is seized of this motion), acknowledge that a serious issue to be tried is established so as to simplify the submissions that the Court need deal with on this interim injunction motion.   [...]  Such an undertaking will also be ordered by the Court so as to guarantee that the Defendants are fairly compensated, if need be.

Chandan v. The Queen - 2005 TCC 685 - 2005-10-20

(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   [...]  [25] It is common for inexperienced businessmen to fail to properly document their business dealings.

Duchesne v. M.N.R. - 2003 TCC 604 - 2003-10-07

[16] The only crucial question is whether the terms and conditions of Éric Duchesne's contract of employment would have been the same if he and his mother, the employer, had been dealing with each other at arm's length.   [...]  In my view, the best evidence of the terms and conditions of a contract of employment in an agricultural setting between persons who are dealing with each other at arm's length would be that brought by witnesses outside the family because it would have greater probative value.   [...]  19 It is trite law that the decision as to whether to grant an adjournment is a discretionary decision, which must be made fairly (see Pierre v. Minister of Manpower and Immigration, [1978] 2 F.C. 849, at p. 851, cited with approval in Prassad v. Canada (MEI), [1989] 1 S.C.R. 560, at para. 17).

Chua v. Canada (Minister of National Revenue) - 2002 FCT 144 - 2002-02-07

The Respondent argued that it could not deal with the settlement proposals as the validity of the tax debt itself was not the subject of the judicial review.   [...]  The Respondent actively encouraged the Applicant to deal directly with the IRS and that, coupled with the statements and proposals of the IRS, led the Applicant to believe that settlement negotiations had to be conducted directly with the IRS. The Applicant argued that Rule 420(1) does not require that settlement offers be   [...]   Question, as served, includes in paragraph 23 the assertion that this "is not a taxation matter per se - and certainly not a Canadian taxation matter - but is a debt collection matter involving a foreign creditor ... to be resolved under general notions guiding the fair treatment of debtors broadly considered".

Appleby v. Canada (Attorney General) - 2001 FCT 684 - 2001-06-21

[3] Section 18.1 of the Federal Court Act (Act) deals with applications for judicial review while section 18(1) of the Act deals with the issue of the Trial Division's exclusive original jurisdiction relating to extraordinary remedies such as to issue an injunction, a writ of certiorari, writ of prohibition, writ of   [...]  (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;   [...]  [28] The rules of the Federal Court dealing with judicial review matters shall apply, except that the applicant shall have to the 30th of July 2001 to file whatever affidavit evidence he may wish to file and the respondent shall have up to10 days in which to file his affidavit evidence after being served with the affidavits

Penn West Petroleum Ltd. v. The Queen - 2007 TCC 190 - 2007-04-11

That provision deems the partnership to have disposed of the property for proceeds equal to its fair market value.   [...]  I do not agree that where we are dealing with an anti-avoidance provision such as subsection 103(1), the Crown has an additional onus of establishing an abuse.   [...]  In exchange, the Appellant received the TroCana Partnership units with a fair market value of the properties transferred.

Juan v. Canada (Citizenship and Immigration) - 2020 FC 988 - 2020-10-20

[4] In the meantime, the Canadian government’s policy on excessive burden changed and the Applicant received a second procedural fairness letter.   [...]  The principle that the individual or individuals affected by a decision should have the opportunity to present their case fully and fairly underlies the duty of procedural fairness and is rooted in the right to be heard.   [...]  However, the Officer did not deal with this specific aspect of her claim; rather, the analysis merely focuses on her ability to find employment in the Philippines.

Aitchison Professional Corporation v. The Queen - 2016 TCC 281 - 2016-12-01

• (v) the fair market value of that “property” was equal to the amount of the JA Fees collected by the Applicant between 2007 and 2010.   [...]  [17] Establishing the set of relationships, as Professor Ziff puts it, can only be fully and fairly determined with the benefit of examination and cross‑examination of the key players.   [...]  [21] It remains to be determined whether unnecessary time and expense would result from requiring evidence, expert or otherwise, to deal with the valuation issue coincidentally with the rest of the trial.

Daia v. Canada (Public Safety and Emergency Preparedness) - 2014 FC 198 - 2014-02-28

The applicant claimed that that was a breach of procedural fairness, which results in a standard of review of correctness;   [...]  ... 32. (1) Pour faire comparaître un témoin, la partie transmet par écrit à l’autre partie et à la Section les renseignements suivants :   [...]  She seems to rely on Talavera Morales v Canada (Public Safety and Emergency Preparedness), 2010 FC 768, (Talavera) but this decision deals with what is necessary to be a member of an organization within the meaning of section 37.

Laissi v. Canada (Public Safety and Emergency Preparedness) - 2013 FC 393 - 2013-04-17

Similarly, it is well established that the appropriate standard of review for issues of procedural fairness is correctness (see Wang v Canada (Citizenship and Immigration), 2008 FC 798, [2008] FCJ No 995, at paragraph 13; Canada (Citizenship and Immigration) v Khosa, 2009 SCC 12, [2009] 1 SCR 339, at paragraph 43).   [...]  The applicant makes no claim that the respondent breached any principle of procedural fairness prior to issuing the removal order when, for example, it did not refer the applicant’s case to the Immigration Division for an admissibility hearing, which was within the respondent’s power to do under subsection 44(2) of the   [...]  [18] Although Lasin and Rosenberry, cited by the respondent, essentially deal with institutional independence and the procedural fairness obligations incumbent on the Minister’s Delegate, acting under subsection 44(2) of the IRPA, toward a temporary resident against whom a removal order has been issued for failing to

Bokhari v. Canada (Citizenship and Immigration) - 2011 FC 354 - 2011-03-22

They can obtain information in any way they think best, always giving a fair opportunity to those who are parties in the controversy for correcting or contradicting any relevant statements prejudicial to their view [...].   [...]   that if you intend to impeach a witness you are bound, whilst he is still 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.

Canada Immigration and Refugee Board v. Canada (National Revenue) - 2010 FC 1064 - 2010-10-28

• [11] The issue raised by the IRB’s application for judicial review is whether the process followed by the PSC in its investigation of the JL appointment satisfied the requirements of procedural fairness.   [...]  • [14] The IRB now seeks a stay of the June 8, 2010 and June 28, 2010 “decisions” relating to the JL appointment.The IRB also seeks to stay the PSC investigations into the other 12 appointments pending a decision from this Court in relation to the procedural fairness issues raised in the JL investigation.   [...]  • [25] Dealing first with the issue of reputational harm, the IRB says that as an administrative tribunal, the Board and its employees are held to a higher standard than other employers.Findings that appointments were not made in accordance with merit, or that favoritism played a role in appointments could permanently erode