11,317 result(s)
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5,776.
Guan v. Canada (Citizenship and Immigration) - 2009 FC 274 - 2009-03-17
Federal Court Decisionsthe delay in approving his application and stated that Wang Huan Huan had been found on the roadside and brought her home “without handling with any legal adoption procedures.” He explained that, given he already had four sons, it was impossible to deal with the formal procedures at government offices to resolve the issue. [...] [21] To the extent that the questions raised relate to a breach of procedural fairness due to delay or the doctrine of reasonable expectations, the Court does not undergo a traditional pragmatic and functional analysis in order to determine the appropriate standard of review, but rather intervenes if the breach in fact [...] [34] I find that the Officer did not breach the Applicant’s right to procedural fairness and did not err in finding that the Applicant was inadmissible for misrepresentation.
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5,777.
Villagonzalo v. Canada (Citizenship and Immigration) - 2008 FC 1127 - 2008-10-06
Federal Court Decisions[28] Because of my finding on this issue, I need not deal with the remaining issue. [...] • faire l'objet d'un contrôle sécuritaire (pour les requérants de certains pays - consulter le guide [...] personne a l'intention de faire à l'avenir, l'agent doit s'assurer qu'un candidat au
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5,778.
Torres v. Canada (Public Safety and Emergency Preparedness) - 2007 FC 1115 - 2007-10-29
Federal Court Decisions[27] With this in mind, I am satisfied that Ms. Torres has established the existence of at least one potential serious issue as to the fairness of the process followed in this case in relation to the confidential evidence. [...] [28] In coming to this conclusion, I would note that the fact that the Supreme Court chose to suspend its remedy in Charkaoui does not take away from the legitimacy of the concerns as to fairness of the process in either that case or in this. [...] [55] I decline to make any order of costs at this stage in this proceeding, and will leave the matter of costs to be dealt with by the judge dealing with the merits of the application for judicial review, should leave be granted.
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5,779.
Ezerzer v. Canada (Minister of Human Resources Development) - 2006 FC 812 - 2006-06-26
Federal Court DecisionsThe present matter deals with the second Review Tribunal’s decision of March 25, 2002 which denied the re-opening of the first Review Tribunal decision because it was determined that the documents submitted by the applicant did not constitute new facts pursuant to subsection 84(2) of the Plan. [...] La décision du tribunal de révision, sauf disposition contraire de la présente loi, ou celle de la Commission d’appel des pensions, sauf contrôle judiciaire dont elle peut faire l’objet aux termes de la Loi sur les Cours fédérales, est définitive et obligatoire pour l’application de la présente loi. [...] It is especially important in such cases to ensure that the new facts rule is not applied in an unduly rigid manner, depriving a claimant of a fair assessment of the claim on the merits.
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5,780.
Comeau v. Canada (Customs and Revenue Agency) - 2004 FC 961 - 2004-07-06
Federal Court Decisionsb) des erreurs dans la documentation mise à la disposition du public, ce qui a amené des contribuables à soumettre des déclarations ou à faire des paiements en se fondant sur des renseignements erronés; [...] e) des renseignements fournis en retard comme dans le cas où un contribuable n'a pu faire les paiements voulus d'acomptes provisionnels ou d'arriérés parce qu'il n'avait pas les renseignements nécessaires. [...] [14] My analysis will deal with three periods. Period prior to beginning of audit of November 1, 1995
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5,781.
Lauzon v. Canada (Procureur Général) - 2003 FC 812 - 2003-07-04
Federal Court DecisionsIn the alternative, the applicant argues that the Appeal Division should not have affirmed the NPB's decision because it had not complied with its duty of fairness to him at the review of his case concerning the UTA FC. [...] (3) Sous réserve du paragraphe (4), l'autorité compétente doit examiner le cas du délinquant qui présente une demande de sortie sans surveillance dans les six mois suivant la réception de la demande, mais elle n'est pas tenue de le faire plus de deux mois avant la date de l'admissibilité du délinquant à une telle sortie. [...] [15] The applicant's alternative argument that the NPB failed in its duty of fairness to him also has no merit.
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5,782.
Oberlander v. Canada (Attorney General) - 2002 FCT 771 - 2002-07-11
Federal Court Decisions3. Mr. Oberelander is entitled to fairness which was denied by the Governor-in-Council; and, [...] I am not convinced that the last two arguments, whether Mr. Oberlander was accorded fairness and whether the decision is unreasonable, raise serious issues. [...] [21] The cases cited by Mr. Oberlander for irreparable harm deal with cases where young children will suffer serious hardship or difficulty or where there is a serious likelihood of jeopardy to the applicant's life or safety.
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5,783.
Andal v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 469 - 2002-04-25
Federal Court Decisions2. Did the adjudicator fail to consider seriously and fairly all of the information before him when he found that the applicant had engaged in employment as defined in the Immigration Act, supra? [...] Did the adjudicator fail to consider seriously and fairly all of the information before him when he found that the applicant had engaged in employment as defined in the Immigration Act, supra? [...] [35] The applicant submits that since the decision rested solely on the issue of credibility, it is unreasonable for the adjudicator not to deal with inconsistencies in his reasons for decision.
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5,784.
Piber v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 769 - 2001-07-06
Federal Court DecisionsSome two months after our discussion and your commitment to improve your package, I have checked with panels which deal with your cases, only to find out that, to date, no improvement has been made. [...] [13] Finally, I find nothing whatsoever on the face of the CRDD's decision, or on the totality of the record before me, that would allow me to conclude that this particular panel of the CRDD somehow fettered its discretion, denied the applicants fairness in the process before it or demonstrated bias or predisposition to a [...] [18] As earlier indicated, I have found on the material and arguments presented before me, nothing to support the allegation that the particular panel of the CRDD whose decision is here under review denied the applicants a fair hearing, was fettered in the exercise of its discretion or demonstrated any bias or reasonable
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5,785.
Lamothe v. The Queen - 2001-05-25
Tax Court of Canada JudgmentsI draw your attention to the fact that the everyday reality of freelances has changed a great deal over the years. [...] I therefore persist in believing that my position is fair and reasonable. [...] When a taxpayer claims an expense, he must be able to prove that it is fair and relevant.
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5,786.
Behnke v. Canada (Department of External Affairs) - 2000-07-19
Federal Court DecisionsA fair representation and defence requires also an oral representation of the complex questions and issues, Behnke believes. [...] Nor can I conclude that fairness requires an oral presentation of Mr. Behnke"s submission to the Court. [...] by Mr. Behnke as to why nothing was done to advance this matter from May 25, 1988, when the matter was adjourned sine die, to November 24, 1996, when Mr. Behnke served a motion for directions to examine other persons for discovery of documents, (a procedure not contemplated in the Rules that deal with applications).
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5,787.
Canada v. 398722 Alberta Ltd. - 2000-05-11
Federal Court of Appeal Decisions[1] The question in this case is whether the respondent must pay GST on the fair market value of an apartment building acquired solely to obtain approval for a new hotel development in Banff, Alberta. [...] As a result, the respondent was required to pay GST based on the fair market value of the four-plex at the time of substantial completion, which was $455,000. [...] [21] In my view, the existence of an inextricable tie between the operation of the four-plex and the hotel business does not answer the question posed by the closing words of subsection 161(1), the statutory provision dealing with input tax credits, and in particular the definition of "commercial activity" as that term is
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5,788.
Top Star Distribution Group Inc. v. Sigma - 2000-01-13
Federal Court DecisionsWHO OFFER FOR SALE, SELL, IMPORT, EXPORT, OR DEAL IN TOP STAR TRADE MARKS [...] Full and fair disclosure [16]In Brink"s-MAT Ltd., supra, the duty to make full and frank disclosure when seeking an Anton Piller order on an ex parte basis was considered at pages 192-93: [...] ... (i) The duty of the applicant is to make "a full and fair disclosure of all the material facts" ...
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5,789.
Fegol v. Canada (Minister of National Revenue) - 1998-11-06
Federal Court Decisions[5] This principle makes it fairly difficult for a judge to interfere with what has been done by a registry officer experienced in taxation. [...] The assessment officer deals with the "odd case out", McBeth v. Dalhousie, (1986), 26 D.L.R. (4th) 320 (N.S.C/A) and correctly states the law in this Court. [...] We are not sure that the actual rule 400(4) (formerly 344(4) could not, to a certain extent, be used to satisfy, in special cases, what fairness could dictate in that respect.
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5,790.
McCartie v. Canada - 2020 FCA 18 - 2020-01-23
Federal Court of Appeal Decisions[15] Dealing with the appellant’s second argument, the relevance of this error according to him is that the Tax Court judge concluded that the “section 24(2) Charter analysis would need to begin in relation to the Question #2 and #3” (appellant’s memorandum, para. 69). [...] Indeed, the bank records obtained through the requirements for information were excluded in their entirety by the BCPC. It found that it was unable to fairly adjudicate the appellant’s section 7 and subsection 11(d) Charter rights because the evidence of lost or missing auditor notes did not allow it to reach a conclusion [...] The prospects of two judges, after considerable testimony, opining on the credibility and weight of the same witnesses in the same appeals is neither fair, nor consistent to the parties nor the interests of justice.” (reasons, para. 45).
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5,791.
Benaroch v. the Queen - 2015 TCC 93 - 2015-04-16
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
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5,792.
Ridout v. The Queen - 2013 TCC 260 - 2013-08-20
Tax Court of Canada Judgments(d) There is evidence to suggest that the CRA is dealing unfairly with Mr. Campagne. [...] All of the arguments have their basis in fairness and policy and it is not possible to allow the appeal on these grounds. [...] [19] In addition, the Court cannot grant relief on grounds of fairness alone.
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5,793.
Technique d'usinage Sinlab inc. v. Biocad médical inc. - 2012 FC 122 - 2012-01-31
Federal Court DecisionsThe principle for determining what document properly relates to the matters in issue is that it must be one which might reasonably be supposed to contain information which may directly or indirectly enable the party requiring production to advance his own case or to damage the case of his adversary, or which might fairly [...] One must look at what is reasonable and fair under the circumstances: Smith, Kline & French Ltd. v. A.-G. Can., supra, per Addy J. at p. 109. [...] Moreover, although it is true that Biocad already provided a good deal of information on its procedure, I cannot conclude that the requests in the first group are redundant or unnecessary.
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5,794.
Navamar Ltd. v. Rodel Enterprises Inc. - 2012 FC 45 - 2012-01-13
Federal Court DecisionsFair costs of the repair work in rebuttal to Mr. George D. Margetis of Margetis Maritime Consulting expert report. [...] ... [12] After hearing counsel for the parties and analyzing their motion records, I support taking Rodel’s position and find that their submissions — and especially the table that its counsel reproduced on pages 14 et seq. of its written submissions — fairly and reasonably translate the following findings made by Rodel at [...] Navamar had every opportunity to deal with these issues in its initial report, produced by Theta Marine in January 2010.
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5,795.
Jerome v. Canada (Citizenship and Immigration) - 2011 FC 1419 - 2011-12-14
Federal Court DecisionsThis application for judicial review therefore deals only with Pritchard Ernst Jerome’s refugee claim and raises the following issues: [...] [9] Conversely, the standard of review applicable to any question of law, procedural fairness or breach of the principles of natural justice is correctness (Dunsmuir). [...] [16] It is up to the applicant to submit concrete evidence demonstrating that “an informed person, viewing the matter realistically and practically — and having thought the matter through” would think that “it is more likely than not that [the panel], whether consciously or unconsciously, would not decide fairly” (Wewaykum
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5,796.
Perez Arias v. Canada (Citizenship and Immigration) - 2011 FC 756 - 2011-06-23
Federal Court DecisionsThe applicants take issue with the officer’s reliance on a United States Department of State Report to find that Bolivia is serious in dealing with rape, and that laws and legal services exist. [...] He gave what may be fairly described as a selective analysis of the IAHRC Follow Up Report. [...] Based on this evidence, the officer accepted that the female applicant was abused, although he fairly noted that the evidence did not indicate by whom.
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5,797.
Pur v. Canada (Citizenship and Immigration) - 2008 FC 1109 - 2008-10-03
Federal Court Decisions(a) Whether the officer breached the duty of fairness by failing to consider the information provided in the submissions of January 8, 2008; [...] The Court quashed the PRRA decision on the basis that there was a breach of procedural fairness by the PRRA officer not receiving and considering the further submissions. [...] Lastly, the facts at hand are substantially different than those in Pinter where the officer said that she did not need to deal with the risk factors as they had been dealt with by the PRRA officer, thus making it certain that the same test was applied to both.
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5,798.
Cortez Munoz v. Canada (Citizenship and Immigration) - 2008 FC 648 - 2008-05-23
Federal Court Decisions[9] It is trite law that a breach of the rules of procedural fairness is not owed any deference, and will be reviewable on the standard of correctness. [...] [18] For the foregoing reasons, I find that the Board did not err or breach the rules of procedural fairness in refusing to grant an adjournment. [...] Because the finding with regard to state protection is determinative, I also decline to deal with the issues raised by the applicant regarding alleged errors made by the Board in its assessment of the credibility of the claim.
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5,799.
Kitsinga v. Canada (Citizenship and Immigration) - 2008 FC 126 - 2008-01-31
Federal Court Decisions[11] The case law recognizes that the concept of procedural fairness is eminently variable (Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817, at page 837). [...] In my opinion, the procedural fairness requirements were respected in this case. [...] My eyes hurt a great deal. I saw a doctor this morning because of my problems;
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5,800.
Qureshi v. Canada (Citizenship and Immigration) - 2007 FC 97 - 2007-01-30
Federal Court DecisionsThe United States is presumed to treat detainees and refugee claimants fairly. [...] [21] As stated by the Mr. Justice Sopinka in Canada (Minister of Employment and Immigration) v. Chiarelli (1992) 135 N.R. 161, [1992] 1 S.C.R. 711 (though dealing with an extradition case): [...] This is not simply a question of administrative convenience, but implicates the integrity and fairness of, and public confidence in, Canada's system of immigration control.