11,316 result(s)
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6,076.
Johar v. Canada (Citoyenneté et Immigration) - 2009 FC 1015 - 2009-10-07
Federal Court Decisions[21] At the hearing, I advised the parties that I would allow the appeal based on the duty to act fairly issue, and the interests of justice. [...] However, I will deal with the four issues in the appeal and ably responded to by counsel for the respondent. [...] At the same time, the Citizenship Judge had a duty of fairness at the interview which is discussed as part of the next issue in this case.
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6,077.
Singh v. Canada (Citizenship and Immigration) - 2007 FC 69 - 2007-01-23
Federal Court Decisions[10] However, where concerns are raised over an alleged breach of procedural fairness, the proper standard of review is correctness. [...] Fairness to the parties and the court or tribunal under review dictates such a limitation. [...] This is not the first time that the Court has had to deal with this particular issue, which makes the need for clarification from the Minister all the more relevant.
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6,078.
Eltom v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1555 - 2005-11-18
Federal Court Decisions[13] On the duty of fairness, the Respondent argues that there is no case law to suggest that a transfer of the file to a new Citizenship Judge breaches any duty of fairness. [...] The legislation allows such a transfer and does not suggest that this gives rise to any procedural fairness issues. [...] Nor could the situation he was dealing with be described as 'temporary'.
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6,079.
McDonell v. The Queen - 2005 TCC 301 - 2005-04-28
Tax Court of Canada JudgmentsIf the only criterion were fairness, obviously the money should go back to the appellant. [...] The amount of $101,900 may have been the fair market value of 35 Armcrest Drive in the spring of 1992. [...] I need not deal with that section. As Mogan J. said, in paragraph 19 of his reasons, “Section 232 is primarily concerned with one person who has collected excess tax from another person.
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6,080.
Seprotech Systems Inc. v. Peacock Inc. - 2003 FCA 71 - 2003-02-11
Federal Court of Appeal DecisionsI shall deal first with the argument that patent unreasonableness is an inappropriate standard of review because the question in dispute, namely the interpretation of the "firm indication clause", is a question of law outside the Tribunal's area of expertise. [...] Issue 3: Procedural Fairness [33] Counsel argued that the Tribunal denied Seprotech a fair hearing when it refused to consider Seprotech's reply to ZENON's response to Seprotech's submissions which, in turn, had responded to ZENON's complaint about the award of the contract to Seprotech. [...] The precise content of the duty of fairness is, of course, shaped by the legal and administrative contexts in which it is to be applied.
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6,081.
Southpark Estates Inc. v. Canada - 2006 FCA 153 - 2006-04-27
Federal Court of Appeal DecisionsOn the other hand, there is a line of cases dealing with the concept of "special purchaser" which resembles a "special market." [...] Fair market value has often been referred to as a question of fact. However, it is probably more accurate to say that fair market value is a determination of mixed fact and law. [...] In fair market value cases, the judge must apply the legally accepted definition of fair market value to the facts found from the evidence adduced before him.
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6,082.
Gu v. Canada (Citizenship and Immigration) - 2017 FC 543 - 2017-06-02
Federal Court Decisions[23] As the submission of the new certificate raised no question of procedural fairness or any jurisdictional issue, it was excluded as evidence after the parties were given an opportunity to make brief oral argument on the issue. [...] The RPD was not required to confront the applicants with this discrepancy; the principles of procedural fairness do not require the Board to confront the applicant with information that they had supplied themselves: Aguilar v Canada (Minister of Citizenship and Immigration), 2012 FC 150, [2012] FCJ No 146 at para 31. [...] In that case, Justice Boswell, at paragraph 25, held that the RAD has to “deal separately and squarely with the documentary evidence before coming to an overall credibility finding” [emphasis in original].
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6,083.
Csikos v. Canada (Citizenship and Immigration) - 2013 FC 632 - 2013-06-13
Federal Court Decisions(a) immediately, if the claimant is present at the hearing and the Division considers that it is fair to do so; or [...] a) sur-le-champ, dans le cas où il est présent à l’audience et où la Section juge qu’il est équitable de le faire; [...] In the interests of fairness, I allowed the time that counsel requested.
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6,084.
Madison v. Canada - 2012 FCA 80 - 2012-03-08
Federal Court of Appeal Decisions18.15 (3) Notwithstanding the provisions of the Act under which the appeal arises, the Court is not bound by any legal or technical rules of evidence in conducting a hearing and the appeal shall be dealt with by the Court as informally and expeditiously as the circumstances and considerations of fairness permit. [...] He did not consider whether they were “sufficiently reliable and probative to justify its admission, taking into account the need for a fair and expeditious hearing,” as required by Selmeci. [...] Therefore, it is convenient to deal with that issue now so that it need not be considered at the new hearing.
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6,085.
Ferencova v. Canada (Citizenship and Immigration) - 2011 FC 443 - 2011-04-08
Federal Court Decisions[7] Under section 18.1 (4) (b) of the Federal Courts Act, judicial intervention is authorized where a federal board, commission or other tribunal has failed to observe a principle of natural justice or procedural fairness: Canada (Citizenship and Immigration) v. Khosa, 2009 SCC 12, [2009] 1 S.C.R. 339 at para 43. [...] When procedural fairness is invoked, the question is not whether the decision was “correct” but whether the procedure used was fair. [...] In that e-mail, as described, Mr. Gregory James, a co-ordinating member of the Convention Refugee Determination Division and the predecessor of the RPD, noted that he had recommended a similar lead case strategy to deal with Czech Roma claims and expressed disappointment that this suggestion had not been acted upon.
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6,086.
Skaling v. The Queen - 2011 TCC 180 - 2011-03-23
Tax Court of Canada Judgments[1] The appeals deal with the Appellant’s 2006 and 2007 taxation years. [...] [14] The Minister of National Revenue (the “Minister”) maintained that the fair market value (“FMV”) of the Tools at the beginning of 2006 was not more than $13,750. [...] So is it fair to state that over two years you got some trophies but the only prize money you generated was 4 to $500?
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6,087.
Nazir v. Canada (Citizenship and Immigration) - 2010 FC 553 - 2010-05-20
Federal Court DecisionsA) Did the visa officer breach her duty of procedural fairness by failing to apprise the Applicant of her concerns? [...] A. Did the Visa Officer Breach her Duty of Procedural Fairness? [12] Counsel for the Applicant argued that the visa officer failed to provide her with an opportunity to address the concerns relating to the job being offered. [...] Since she could not deal with these concerns, it is submitted that the visa officer breached the rules of natural justice.
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6,088.
André Chartrand - 2007 TCC 327 - 2006-05-18
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 [...] marriage or common-law partnership (as defined in subsection 248(1) of the Income Tax Act), for the purposes of paragraph (1)(d), the fair market value at that time of the property so transferred is deemed to be nil, but nothing in this subsection limits the liability of the individual under any provision of this Part.
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6,089.
Ierullo v. Canada (Attorney General) - 2004 FC 1370 - 2004-10-07
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. [...] (4) Une nomination, effective ou imminente, consécutive à une mesure visée au paragraphe (3) ne peut faire l'objet d'un appel conformément aux paragraphes (1) ou (1.1) qu'au motif que la mesure prise est contraire au principe de la sélection au mérite. [...] It is not necessary, and in fact could be quite difficult, for the Appeal Board to deal with additional issues not presented as a new allegation.
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6,090.
Hussain v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 604 - 2003-05-15
Federal Court Decisions2. Did the visa officer fail to give the applicant the opportunity to respond to his concerns, thereby breaching the duty of fairness? [...] [16] The respondent also submitted that the visa officer did not breach the duty of fairness as alleged. [...] [23] Because of my finding on Issue 1, I need not deal with the other issue.
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6,091.
Chen v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 1229 - 2001-11-09
Federal Court Decisions[12] The Associate Chief Justice's rationale for the above proposition can be found at paragraph 33 of his reasons where, in dealing with the appropriate standard of review, he states: [...] In my respectful view, justice and fairness will not be achieved by the approach which the Associate Chief Justice suggests. [...] No one would argue that different results for these applicants, constitutes "justice and fairness".
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6,092.
Ramessar c. Canada (Ministre de la Citoyenneté et de l'Immigration) - 2000-12-12
Federal Court Decisions[20] Here we are dealing with review of a factual decision made by the immigration officer. [...] Regarding Administrative Fairness [21] The applicant submits that Mr. Schembri was influenced by irrelevant considerations in making the humanitarian and compassionate ("H & C") decision. [...] [34] In my view, the applicant makes some fair points, especially given the role that the applicant appears to play as the primary caregiver of Dionne, and an important part of her grandchildren's lives.
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6,093.
Bath v. Canada (Minister of Citizenship and Immigration) - 1999-08-05
Federal Court DecisionsPRESIDING MEMBER: Well, I'm not sure that it will, but if it's fairly contained, concise evidence then I'm prepared to let you call him and you can put your questions to him. [...] I find no breach of the rules of fairness in the Board's decision in this regard. [...] These decisions are not binding on this Court and, more importantly, they deal with the intention to leave Canada permanently, not an intention to enter into a bona fide marriage.
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6,094.
Vefghi Holding Corp. v. The King - 2023 TCC 135 - 2023-09-05
Tax Court of Canada Judgments• -a taxable Canadian corporation paid a dividend to a trust at a time where the trust, or persons with whom the trust did not deal with at arm’s length, controlled the corporation; [...] (ii) shares of the capital stock of the payer corporation having a fair market value of more than 10% of the fair market value of all of the issued shares of the capital stock of the payer corporation. [...] corporation if more than 50% of its issued share capital (having full voting rights under all circumstances) belongs to the other corporation, to persons with whom the other corporation does not deal at arm’s length, or to the other corporation and persons with whom the other corporation does not deal with at arm’s length.
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6,095.
Pike v. Canada (Attorney General) - 2019 FC 135 - 2019-01-31
Federal Court Decisions[10] There was some uncertainty on the part of Service Canada over how to deal with Mr. Pike’s request. [...] In an effort to address this problem in the interests of fairness to applicants, the special notification letter was sent. [...] b) soit, si elle estime qu’elle doit entendre davantage les parties, leur faire parvenir un avis d’audience.
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6,096.
Prairies Tubulars (2015) Inc. v. Canada (Border Services Agency) - 2018 FC 991 - 2018-10-04
Federal Court Decisions[22] Applications for judicial review are intended to be summary proceedings, and motions to strike Notices of Application add greatly to the cost and time required to deal with such matters. [...] [41] There is a substantial body of jurisprudence dealing with the operation of section 18.5 of the Federal Courts Act in cases involving the assessment of taxes or duties. [...] (2) Le président peut faire un tel réexamen en tout temps afin de donner effet à une décision rendue par un groupe spécial sous le régime des parties I.1 ou II.
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6,097.
Blackbird v. Maskwacis Health Services - 2018 FC 239 - 2018-03-02
Federal Court Decisions• -the Investigator was biased as she took MHS’s side and did not properly deal with the following matters: [...] [30] The issues of procedural fairness and reasonableness Mr. Blackbird raises are interwoven. [...] She therefore examined whether MHS had taken appropriate action to deal with the harassment.
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6,098.
Ehler Marine & Industrial Service Co. v. M/V Pacific Yellowfin (Ship) - 2015 FC 324 - 2015-03-16
Federal Court Decisions[39] Dealing with the re-fastening (Item 6), the First Estimate shows that the fasteners were “materials” which Mr. E.E. was going to supply. [...] I will deal with them in turn. A. The Painting Claim [62] The Email describes this claim as follows: [...] To be fair, I will reduce this price by $4,986.00 (Labour $4,466, Materials $520.00) because I do put a coat of paint on the boat every year.
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6,099.
Canada v. Robertson - 2012 FCA 94 - 2012-03-20
Federal Court of Appeal Decisions[17] Indeed, the Co-op is active in every aspect of commercial fishing by members of the First Nation, from assisting fishers to get started in business, to acting on their behalf when dealing with Freshwater. [...] The Co-op represents the fishers, ensuring that they are dealt with honestly and fairly. ... [...] [84] It is clear from the evidence that although the Appellants were aware that the fish they caught were eventually taken by Freshwater and sold to its customers off-reserve, all their business dealings were with the Co-op.
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6,100.
Leahy v. Canada (Citizenship and Immigration) - 2011 FC 1006 - 2011-08-18
Federal Court Decisions[72] The vast majority of the documents under review deal with the seeking and rendering of legal advice. [...] 12. (1) Sous réserve des autres dispositions de la présente loi, tout citoyen canadien et tout résident permanent au sens du paragraphe 2(1) de la Loi sur l’immigration et la protection des réfugiés ont le droit de se faire communiquer sur demande : [...] (2) Le paragraphe (1) n’oblige pas le responsable de l’institution fédérale à faire état de l’existence des renseignements personnels demandés.