11,317 result(s)
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6,051.
LJP Sales Agency Inc. v. Canada (Minister of National Revenue) - 2006 FC 735 - 2006-06-12
Federal Court Decisions[26] The reason why the test is so strict is that it is ordinarily more efficient for the Court to deal with a preliminary argument at the hearing of the application for judicial review itself, rather than as a preliminary motion: Addison & Leyen Ltd. et al., v. Canada, [2006] F.C.J. No. 489, 2006 FCA 107, at ¶ 5. [...] [31] Further, the Minister contends that by virtue of section 18.5 of the Federal Courts Act, the Federal Court is without jurisdiction to deal with LJP's application, as the Income Tax Act provides the appropriate procedure for dealing with this matter. [...] d'une ordonnance d'un office fédéral, rendue B tout stade des procédures, cette décision ou cette ordonnance ne peut, dans la mesure oj elle est susceptible d'un tel appel, faire l'objet de contrôle, de restriction, de prohibition, d'évocation, d'annulation ni d'aucune autre intervention, sauf en conformité avec cette loi.
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6,052.
Gould v. The Queen - 2005 TCC 556 - 2005-09-02
Tax Court of Canada Judgments[14] I do not find that the statements in paragraph 4 are scandalous or vexatious or that they will prejudice or delay a fair hearing. [...] 10. The balance of the impugned paragraphs of the Reply (including the Overview) deal with the so-called “Scheme” as defined by the Reply. [...] Dealing with the motion is equally time consuming for the court. The time spent already on this motion is undoubtedly many multiples of the time that dealing with these paragraphs will require if the matter proceeds to trial.
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6,053.
Morgan v. Alta Flights (Charters)Inc. - 2005 FC 421 - 2005-03-29
Federal Court DecisionsTherefore, the remaining issues that the Court had to deal with are as follows : [...] Toute personne doit être informée de toute collecte, utilisation ou communication de renseignements personnels qui la concernent et y consentir, à moins qu'il ne soit pas approprié de le faire. [...] Did Alta Flights violate any provisions of PIPEDA, and specifically those dealing with the collection and/or the use of personal information by either recording or attempting to record employees' conversations?
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6,054.
Shaughnessy v. The Queen - 2002-01-09
Tax Court of Canada Judgments[8] The matter was argued however on the basis of REOP and it is on that footing that I shall deal with it. [...] The entire system developed in our courts relating to assumptions and onus of proof is in jeopardy if the respondent does not set out the actual assumptions on which the assessment is based with complete candour, fairness and honesty. [...] The absence of a personal element does not establish conclusively that the REOP principle cannot be invoked but such an absence is a factor that carries a great deal of weight (Mastri).
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6,055.
Hertzog v. Highwire Information Inc. - 1997-06-20
Federal Court DecisionsMr. Barry Shell, the co-author of the guides, who had an interest, perhaps a fairly minor interest, in the works, assigned his interest to MacDonald and to Highwire, apparently for $7,500.00. [...] However, before dealing specifically with these three remedies, some comments on the approach to their assessment is in order. [...] Dealing first with loss of profit, the Plaintiff need only prove the revenue received by the Defendant.
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6,056.
Cosentino v. Canada (Attorney General) - 2021 FCA 193 - 2021-10-04
Federal Court of Appeal Decisions[4] The appellant submits that the Council did not deal with his complaint that the judge acted rudely and offensively. [...] [5] In our view, Council and the Federal Court both dealt with this aspect of the complaint: it was an issue going to the procedural fairness of the proceedings before the judge, an issue that, if it had merit, could have been redressed by an appellate court through the normal appeal process.
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6,057.
Sourani v. Canada - 2001 FCA 185 - 2001-06-04
Federal Court of Appeal Decisions[2] In the Vasiga appeal, this panel found an absence of procedural fairness in the proceedings leading to the February 4, 1997 Tax Court judgment. [...] He made this argument because of written agreements dated April 28, 1995 and May 25, 1995 between his counsel and counsel for the Minister which deal with a number of appeals including his own, which limited the scope of matters which could be argued in his Tax Court appeal.
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6,058.
Chanda v. Canada (Minister of Citizenship and Immigration) - 2000-07-21
Federal Court Decisions[4] While I recognize the high degree of deference due to a Board in making its findings, the Board is to exercise its power to make findings of credibility in a fair and objective manner. [...] A review of the transcript of the proceedings before the Board raises a concern about a lack of objectivity by the Board in dealing with this claim.
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6,059.
Liu v. Canada (Minister of Citizenship and Immigration) - 1999-03-17
Federal Court Decisions[2] The only provision which deals with an adjournment of proceedings in a claim for refugee status can be found at subsection 69(6) of the Immigration Act: [...] [4] Under the circumstances, I am of the view that the Refugee Division could find that the claim had been abandoned instead of allowing a fifth adjournment, without breaching the rules of procedural fairness.
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6,060.
Pervez v. Canada - 1999-01-15
Federal Court DecisionsAn amended Statement of Claim, with fairly extensive amendments was served on November 6th, 1998. [...] Counsel for the Defendants had indicated that she would not require strict adherence to Mr. Giles" order in that the amendments were being done without motion and his order contemplated the bringing of a motion, not dealing with the matter by way of consent
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6,061.
Onuoha v. Canada (Citizenship and Immigration) - 2021 FC 1311 - 2021-11-26
Federal Court DecisionsDid the Visa Officer breach the duty of procedural fairness owed to the Applicants? [...] Did the Visa Officer breach the duty of procedural fairness owed to the Applicants? [...] MOTHER STATED THAT THE EX SPOUSE WAS DEMANDING INTERCOURSE FROM SUBJECT AND WHEN SHE EVENTUALLY DECLEINED HE STATED THAT HE ‘WOULD DEAL WITHHER’.
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6,062.
Jama v. Canada (Attorney General) - 2019 FC 533 - 2019-04-29
Federal Court DecisionsJustice Noël also advised that the Chief Justice would be assigning a Designated Judge “to deal with all further matters”. [...] This list of factors is non-exhaustive in determining the common law duty of fairness: Baker, supra, at para. 28. [...] [...] [72] Having regard to the five factors, the Court concludes that the CPO had an obligation to follow a procedure that was in compliance with the principles of procedural fairness, meaning fairness to the applicant.
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6,063.
Mahjoub (Re) - 2015 FC 1232 - 2015-10-30
Federal Court DecisionsIt additionally read all of Justice Blanchard’s reasons dealing with the reviews of the conditions of release which included some of the confidential information he was dealing with. [...] [72] Mr. Mahjoub questions the reasons of the December 2013 Review of Conditions of Release of Justice Blanchard, qualifying them as flawed and as a breach to the duty of fairness. [...] When they occur, Mr. Mahjoub should deal with the officers of the CBSA and not let the issue become an insurmountable problem.
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6,064.
Committe for Monetary and Economic Reform v. Canada - 2014 FC 380 - 2014-04-24
Federal Court DecisionsAmong the issues dealing with socio-economic policies that have been previously found to be justiciable are: [...] [82] The Defendants have raised various arguments concerning the jurisdiction of the Federal Court to deal with this Claim. [...] There is a significant difficulty in trying to deal with these arguments at this stage in the process.
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6,065.
Nielsen v. Canada (Attorney General) - 2021 FC 1217 - 2021-11-09
Federal Court DecisionsSuch an issue is a matter of procedural fairness. [35] I find that these issues raise the questions of whether the Board’s decision was: (1) reasonable and (2) procedurally fair. [...] His risk is predicated on him remaining free from drugs of abuse, taking appropriate treatment for his psychiatric problems, and learning better methods of dealing with stress and conflict. [...] VIII. The Psychological Assessment, Adjournment, Procedural Fairness
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6,066.
Yeshi v. Canada (Citizenship and Immigration) - 2016 FC 1153 - 2016-10-17
Federal Court Decisions[6] I find that there was no breach of procedural fairness arising from the RAD’s reference to and consideration of Tashi. [...] [21] The RAD found that the National Documentation Package (NDP) provided additional clarity about decisions of the Indian High Courts that deal with applications for citizenship by Tibetans. [...] VI. Did the RAD Breach its Duty of Procedural Fairness? A. Did the RAD breach its duty of procedural fairness by failing to provide the Applicant with an opportunity to comment on Tashi, a decision rendered after the Applicant perfected his appeal?
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6,067.
Kumar v. Canada (Citizenship and Immigration) - 2024 FC 81 - 2024-01-18
Federal Court Decisions• C.He also raises an issue of procedural fairness in not having an opportunity to address the Officer’s concerns. [...] There is, with respect, no breach of procedural fairness here, simply, as submitted by the Respondent, a disagreement with the outcome. [...] I have already dealt with this argument under procedural fairness, and found the use of artificial intelligence is irrelevant given that (a) an Officer made the Decision in question, and that (b) judicial review deals with the procedural fairness and or reasonableness of the Decision as required by Vavilov.
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6,068.
Toronto Standard Condominium Corporation No. 1654 v. Tri-Can Contract Incorporated - 2022 FC 1796 - 2022-12-28
Federal Court DecisionsIn this case, the court is dealing with a partial settlement that resolves the plaintiffs’ claims against two of the defendants but leaves three remaining defendants in the action. [...] [33] I conclude that the proposed settlement is fair, reasonable and in the best interests of the class as a whole. [...] None of the non-settling defendants raised any concerns about the fairness of the proposed bar provisions.
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6,069.
ArcelorMittal Exploitation minière Canada S.E.N.C. v. Canada (Attorney General) - 2021 FC 998 - 2021-09-27
Federal Court DecisionsThe proposed direction is long, detailed and fairly complex, dealing with the Mont-Wright mine site and the alleged deposit of effluent containing deleterious substances into water frequented by fish. [...] Although I can appreciate this argument, I nevertheless find that the late filing of the motion violates a sense of “fairness” and therefore weighs against the stay. [...] • The fairly short duration of the requested stay: The Attorney General is seeking a stay of approximately nine weeks.
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6,070.
Canadian Pacific Railway Company v. Canada - 2020 FC 1058 - 2020-11-16
Federal Court DecisionsThough Justice Phelan was not dealing with the issue of discovery answers that had been corrected, he stated that the basic principle of Rule 289 is “to ensure that the answers to questions fairly reflect the true response given.” [...] [...] to ensure that evidence from a transcript of examination for discovery which is read in as evidence at trial is placed in proper context so that it is seen and read fairly, without prejudice to another party that might arise if only a portion of the content relevant at [sic] to a fair understanding of the evidence [...] The jurisprudence errs on the side of caution for read-ins, favouring completeness over selectivity, which should be the default position to ensure fairness to the party being examined for discovery.
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6,071.
Cob Roller Farms Ltd. v. 9072-3636 Québec Inc. (Écocert Canada) - 2020 FC 806 - 2020-07-29
Federal Court Decisions[36] Cob Roller’s proposed draft Notice of Application, and its submissions on this motion, focus on procedural fairness. [...] The reviewing court’s obligation is to ensure that the process was procedurally fair: Canadian Pacific Railway Company v Canada (Attorney General), 2018 FCA 69, [2019] 1 FCR 121, esp. at para 49 and 54. [...] [38] For its part, Écocert responds that its procedure was fair and precise.
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6,072.
Begum v. Canada (Citizenship and Immigration) - 2020 FC 162 - 2020-01-29
Federal Court Decisions[8] Saskatchewan knew of the procedural fairness letter but did not withdraw its nomination. [...] Vavilov says that while a decision-maker is not required to deal with every argument, he or she is required to meaningfully account for central issues and concerns raised by the parties. [...] 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: Baker, at para. 28.
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6,073.
Elliott v. Canada (Attorney General) - 2018 FC 673 - 2018-06-28
Federal Court Decisionsc. Was the Applicant afforded the appropriate level of procedural fairness? [...] C. The Applicant Was Afforded the Appropriate Level of Procedural Fairness [...] [26] Accordingly, the Court rejects the Applicant’s claim that he was denied procedural fairness by the Appeal Division.
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6,074.
Thsunza v. Canada (Citizenship and Immigration) - 2014 FC 1150 - 2014-11-28
Federal Court Decisions1. Did the RPD breach the principle of procedural fairness because of the quality of the interpretation? [...] Moreover, the applicant points out that the Federal Court does not need to show deference where an administrative body has breached procedural fairness. [...] 6. The RPD concluded that the applicant was not an accurate witness because she had a great deal of difficulty answering questions.
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6,075.
Ramos v. Canada (Citizenship and Immigration) - 2011 FC 15 - 2011-01-10
Federal Court DecisionsThis is a procedural fairness issue, for which correctness is the appropriate standard. [...] Credibility Findings Were Unreasonable and Procedural Fairness Breached [...] The Applicants contend that the RPD breached the duty of fairness in failing to provide them this opportunity.