11,317 result(s)
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5,826.
Strother v. The Queen - 2011 TCC 251 - 2011-06-20
Tax Court of Canada JudgmentsIdeally, however, the overview should present a fair description of the issue in appeal. [...] “THCs”...[and no dealing at arms length with one of the Studios] Yes [...] He specifically denies that the option price for the Class B units was set at a fair market value and states further that the fair market value of the Class B units was nil.
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5,827.
HSBC Bank Canada v. The Queen - 2010 TCC 462 - 2010-09-08
Tax Court of Canada Judgmentsf) the examining party is entitled to any information and production of any documents that may fairly lead to a train of inquiry that may directly or indirectly advance his case or damage that of the opposing party; [...] Because, as she points out, "the issue in the appeal deals with the reasonableness of the price paid for a guarantee against the probability of its default. [...] to the fair market value of the guarantee, while Dr. van Deventer states he has been retained to provide an opinion "on the explicit guarantee fees, if any, that in the circumstances would have been reasonable for the Appellant to pay its Parent corporation in the years 1996 to 2000, had they be dealing at arm’s length".
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5,828.
Canada (Attorney General) v. J.P. - 2010 FCA 90 - 2010-04-07
Federal Court of Appeal Decisions38. (1) L’assujettissement de l’adolescent aux peines visées à l’article 42 (peines spécifiques) a pour objectif de faire répondre celui-ci de l’infraction qu’il a commise par l’imposition de sanctions justes assorties de perspectives positives favorisant sa réadaptation et sa réinsertion sociale, en vue de favoriser la [...] It is also unclear how the Board, which is accustomed to dealing with adult offenders, would accommodate YCJA principles in supervising this offender. [...] I see no useful purpose in dealing with these examples since I am satisfied that the Judge reached the correct interpretation of the word “sentence”.
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5,829.
Parke-Davis Division v. Canada (Minister of Health) - 2002 FCA 454 - 2002-11-18
Federal Court of Appeal Decisions[67] We agree with the Judge that a notice of allegation need not deal with every patent on the patent list. [...] (4) Dans toute action pendante au moment où elle est faite, aucune renonciation n'a d'effet, sauf à l'égard de la négligence ou du retard inexcusable à la faire. [...] In the only paragraph of Novopharm that deals with dedications, it was stated, at page 15:
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5,830.
Castellar Cubas v. Canada (Citizenship and Immigration) - 2023 FC 292 - 2023-03-02
Federal Court Decisions• b)Was there a breach of procedural fairness before the RPD because of the professional misconduct of the applicants’ former counsel? [...] [16] With respect to procedural fairness, the Court is required to ask “whether the procedure was fair having regard to all of the circumstances” (Canadian Pacific Railroad Limited v Canada (Attorney General), 2018 FCA 69 at para 54) and not whether it was reasonable or correct (Soltani v Canada (Citizenship and [...] B. Was there a breach of procedural fairness before the RPD because of the professional misconduct of the applicants’ former counsel?
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5,831.
Tovar v. Canada (Citizenship and Immigration) - 2015 FC 490 - 2015-04-17
Federal Court Decisions[13] Both the challenge to the PRRA negative decision and to the removal order raise the issue of whether there has been a breach of procedural fairness. [...] In any event, in order to be relevant, any breach of procedural fairness regarding the negative PRRA decision would have to have occurred on or before the date that decision was rendered. [...] a. Does such PRRA officer owe a duty in fairness to: i. to inform the foreign national that the risk assessment is being held to await the result of the permanent resident application?
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5,832.
Obeyesekere v. Canada (Attorney General) - 2014 FC 363 - 2014-04-16
Federal Court DecisionsHe also added at the hearing that it was a matter of procedural fairness, which also attracts a correctness standard. [...] He hung up the phone fairly quickly after that. It is what he did after that that causes me concern. [...] [37] Because of my finding, I need not deal with the remaining issues of the case.
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5,833.
National Bank of Canada v. Lajoie - 2007 FC 1130 - 2007-10-31
Federal Court DecisionsThe courts must determine whether the decision-maker respected the obligation of procedural fairness in the circumstances of the matter. [...] [28] It is my opinion that this evidence had such an impact on the fairness of the proceeding that I find that there was a breach of natural justice. [...] Such an omission amounts to a breach of the duty to act fairly. [41] I also find that the adjudicator erred when he ordered the Bank to pay the respondent’s legal fees.
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5,834.
Mulveney v. Canada (Human Resources Development) - 2007 FC 869 - 2007-08-29
Federal Court DecisionsThis raises an issue of procedural fairness to which the pragmatic and functional analysis does not apply. [...] It is for the Court to determine, as a matter of law, whether the decision-maker complied with the content of the duty of fairness. [...] Moreover, decision-makers are presumed to act fairly and impartially in the absence of evidence to the contrary.
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5,835.
Canada (Minister of Citizenship and Immigration) v. Mahjoub - 2004 FC 1028 - 2004-07-22
Federal Court Decisions[8] There then followed argument as to the procedure to be followed in order to deal with Mr. Mahjoub's request. [...] Is it necessary to allow Mr. Mahjoub to testify in camera in order to prevent a real and substantial risk to the fairness of the hearing? [...] A fair hearing would be one where Mr. Mahjoub is secure in providing his full evidence to the Court without a realistic fear of significant harm.
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5,836.
Fetherston v. Canada (Food Inspection Agency) - 2003 FC 827 - 2003-07-04
Federal Court DecisionsWould he think that it is more likely than not that [a decision-maker], whether consciously or unconsciously, would not decide fairly." [...] However, it's an important matter for him, therefore there is an onus upon the Department to be quite careful in the way it deals with the withdrawal of accreditation. [...] [34] I have great difficulty concluding that the process to which the Applicant was subjected provided him to the fairness to which he was entitled.
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5,837.
Kahnapace v. Canada (Attorney General) - 2023 FC 32 - 2023-01-11
Federal Court DecisionsIf ultimately certified and material differences emerge, this Court can deal with them when the time comes [see Dutton, supra at para 54]. [...] In that regard, the language of Rule 334.16(3) dealing with subclasses contains the identical language as Rule 334.16(1)(e) dealing with the requirements for representative plaintiffs for classes. [...] As a result, I find that she cannot adequately and fairly represent the interests of Subclass 5.
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5,838.
Kinsey v. Canada (Attorney General) - 2007 FC 543 - 2007-05-22
Federal Court DecisionsAs such, I will deal with the two applications in one set of reasons, which shall apply equally to files T-1180-06 and T-1181-06. [...] When reviewing the nature of the misconduct to establish a fair and just sanction, the Board must weigh the interest of the public and the Force and be fair to the member. [...] [31] Before turning to the substantive issues in this application, I must deal with two preliminary objections made by the respondents.
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5,839.
Cameco Corporation v. Canada - 2015 FCA 143 - 2015-06-12
Federal Court of Appeal Decisions(i) would not have been entered into between persons dealing at arm’s length, and [...] related persons shall be deemed not to deal with each other at arm’s length; [...] (a) may prejudice or delay the fair hearing of the appeal; a) peut compromettre ou retarder l’instruction équitable de l’appel;
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5,840.
Oleynik v. Canada (Attorney General) - 2018 FC 737 - 2018-07-13
Federal Court Decisionsd. Minimal content of duty of fairness e. the nature of the deference accorded to the body [...] c. Minimal level of procedural fairness [67] The Respondent submits that when all these factors are applied to the original decision, the duty of fairness owed by SSHRC was on the lower end of the spectrum. [...] Second, he raised a new conflict of interest argument which deals with the constitution of the Appeal Committee itself, in particular the inclusion of Dr. Armony and Dr. Verbeke.
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5,841.
Mohr v. National Hockey League - 2022 FCA 145 - 2022-08-17
Federal Court of Appeal Decisions(a) to limit unduly the facilities for transporting, producing, manufacturing, supplying, storing or dealing in any product, [...] In light of this conclusion, it is unnecessary to deal with the subsidiary arguments concerning whether the Federal Court erred in its findings concerning the particularity of the pleading. [...] They are essential to effective and fair litigation and prevent unnecessary effort and expense being devoted to cases that have no reasonable prospect of success.
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5,842.
Club Intrawest v. Canada - 2017 FCA 151 - 2017-07-11
Federal Court of Appeal Decisions... Both paragraph 142(1)(d) and paragraph 142(2)(d) deal first with the supply of real property and then with the supply of a service in relation to real property. [...] [59] Read fairly, the Tax Court did not require evidence of an express, standalone written agency agreement. [...] [101] In my view, the allocation proposed by the appellant more fairly and reasonably reflects the nature of the taxable supply: the resort fees paid to operate the vacation homes in resorts situated in Canada.
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5,843.
Arial v. Canada (Attorney General) - 2011 FC 848 - 2011-07-08
Federal Court Decisions[3] Did the review panel breach its duty to a obtain a fair and equitable outcome for the applicants in a timely manner? [...] However, in a parallel dealing with Mr. Arial’s hearing loss disability, VAC had decided as follows: [...] (3) Did the review panel breach its duty to a obtain a fair and equitable outcome for the applicants in a timely manner?
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5,844.
Avila v. Canada (Public Safety and Emergency Preparedness) - 2009 FC 819 - 2009-08-11
Federal Court Decisions[29] The Applicant has also raised a procedural fairness issue for which the standard of review is correctness: Suresh v. Canada (Minister of Citizenship and Immigration) 2002 SCC 1. [...] b. The Officer’s did not give fair consideration to the Applicant’s application; [...] In addition, the second PRRA officer fails to deal with the contradictory evidence in the documentation before him that says nothing has really changed in Colombia.
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5,845.
Merck & Co. Inc. v. Apotex Inc. - 2003 FCA 488 - 2003-12-22
Federal Court of Appeal DecisionsUltimately it boils down to a consideration of simple fairness, common sense and the interest that the courts have that justice be done. [...] [46] We are dealing, here, with an attempt to withdraw an admission of infringement of a pharmaceutical patent. [...] a) l'objet de la modification est de faire concorder le document avec les questions en litige à l'audience;
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5,846.
International Colin Energy Corporation v. The Queen - 2002-11-04
Tax Court of Canada Judgments[9] By the spring of 1995 the board of directors was receiving, to use the witness Mr. Wright's expression, a great deal of flak from the shareholders. [...] He also asked what they wanted to realize from such a sale and, after discussions, a figure of U.S. $8.00 per share was suggested, depending in part on whether it was a cash deal or a share deal and who the purchaser was. [...] This was a fairly comprehensive analysis of the economic climate in the energy field and the appellant's position within that industry.
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5,847.
Dalirani v. Canada (Citizenship and Immigration) - 2020 FC 258 - 2020-02-17
Federal Court Decisions[11] The arguments concerning procedural fairness will dispose of the judicial review analysis. [...] We seek to obtain a “level and fair playing field” (Tran, supra, p. 978). [...] In view of the Court’s decision on the procedural fairness issues, there is no need to reach the other issues raised by the applicant which deal with the reasonableness of the RAD’s credibility findings, its treatment of the documentary evidence and its assessment of the sur place claim.
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5,848.
Kin v. Canada (Minister of Citizenship and Immigration) - 2000-12-15
Federal Court DecisionsIn my view, the visa officer fulfilled all the requirements of procedural fairness in the circumstances. [...] Procedural fairness must be viewed in the context of the principles and practices emanating from immigration law. [...] The Supreme Court of Canada has held when dealing with a specialized administrative tribunal, courts will accord "significant deference" to it when performing its decision-making function.
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5,849.
Teksavvy Solutions Inc. v. Bell Canada - 2024 FCA 121 - 2024-07-22
Federal Court of Appeal DecisionsUnder subsection 64(1) of the Act, we can deal with only “question[s] of law or of jurisdiction” and, even then, only with leave. [...] [49] Before leaving the subject of procedural fairness, Teksavvy raises one additional procedural point. [...] This subverts fairness and should not happen. [68] Somewhere in the middle are social gatherings.
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5,850.
Rajput v. Canada (Citizenship and Immigration) - 2022 FC 65 - 2022-01-19
Federal Court Decisions(3) La Section ne peut accueillir la demande que si un manquement à un principe de justice naturelle est établi ou qu’il est par ailleurs dans l’intérêt de la justice de le faire. [...] [26] In this case, the RPD appears to have remained blind to the underlying refugee claims that had been submitted by Ms. Rajput and her children, and did not deal with the particular circumstances of their case. [...] It appears that the RPD simply borrowed the “strategic” language from the Ohanyan case, where the facts were fairly different and where the applicant was represented by counsel throughout the refugee claim process.