11,316 result(s)
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6,101.
Lacroix v. The Queen - 2011 TCC 111 - 2011-02-18
Tax Court of Canada JudgmentsA person with whom the transferor was not dealing at arm's length. 4) The fair market value of the property transferred must exceed the fair market value of the consideration given by the transferee. [...] In Medland v. Canada, 98 DTC 6358 (F.C.A.) (Medland), the Court of Appeal concluded that the the object and spirit of subsection160(1) “is to prevent a taxpayer from transferring his property to his spouse [or a minor or person with whom he or she is not dealing at arm's length] in order to thwart the Minister’s efforts to [...] All that is required is that the husband should so deal with the property as to divest himself of it and vest it in his wife, that is to say, pass the property from himself to her.
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6,102.
Heartland Resources Inc. v Sable Offshore Energy Inc. - 2007 FC 1044 - 2007-10-10
Federal Court Decisions2. Did the Committee err by failing to deal with the issue of costs as required by section 99 of the NEB Act? [...] (a) if an Arbitration Committee exists to deal with the matter referred to in the notice, forthwith serve the notice on that Committee; or [...] d) un exposé des formalités destinées à faire approuver le tracé détaillé du pipeline;
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6,103.
Lavigne v. Office of the Commissioner of Official Languages - 2004 FC 787 - 2004-05-28
Federal Court Decisionsb) soit dont la divulgation risquerait vraisemblablement de nuire aux activités destinées à faire respecter les lois fédérales ou provinciales ou au déroulement d'enquêtes licites, notamment : [...] Considering paragraphs 37 to 50 of Mrs. Lavoie's affidavit, I am satisfied that Mrs. Lavoie conducted her review pursuant to the guidelines set out in the COL report and that she assessed the applicant in a fair manner. [...] . . . consequently, I must deal with the applicant's claim for damages.
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6,104.
Neighbouring Rights Collective of Canada v. Society of Composers, Authors and Music Publishers of Canada - 2003 FCA 302 - 2003-07-10
Federal Court of Appeal Decisions[5] The decision of the Board in Tariff 17 deals with both Tariff 17.B, proposed by SOCAN for the years 1997-2002, and Tariff 17, proposed by NRCC for the years 1998-2002. [...] In SODRAC, the Board was dealing with a claim for a royalty in respect of commercial radio stations' copying of recordings onto their computers before broadcasting them. [...] Rapid and profound technological developments are reshaping the market and require sophisticated regulatory responses in order to ensure that all who contribute value to the recording of a musical work are fairly compensated, and that consumers are not prejudiced.
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6,105.
Mckeown c. Banque Royale du Canada - 2001 FCT 81 - 2001-02-15
Federal Court Decisions241. (1) La personne congédiée visée au paragraphe 240(1) ou tout inspecteur peut demander par écrit à l'employeur de lui faire connaître les motifs du congédiement; le cas échéant, l'employeur est tenu de lui fournir une déclaration écrite à cet effet dans les quinze jours qui suivent la demande. [...] ( · ) There is, for the most part, generally no other forum to deal with collective agreements other than collective bargaining legislation. [...] It is no less so for the student and, hence, it carries the concomitant duty in dealing with allegations of academic dishonesty to ensure procedural fairness.
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6,106.
Mackay, Murray v. Scott Packing and Warehousing Co. (Canada) Ltd. - 1999-01-07
Federal Court Decisions...[f]or the purposes of insuring that all outstanding matters in connection with the trial and judgment in this matter are finally disposed of as expeditiously as considerations of fairness and justice allow... . [...] [40] Section 37 of the Federal Court Act deals with post judgment interest. [...] [56] Rule 420(2) deals with the costs consequences to a plaintiff of failing to accept an offer to settle made by a defendant.
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6,107.
Canada v. John Doe - 2016 FCA 191 - 2016-06-24
Federal Court of Appeal DecisionsI also note that this is the standard applied by this Court in dealing with an order certifying an action as a class proceeding: see Condon v. Canada, 2015 FCA 159, [2015] F.C.J. No. 803, at para. 7 [Condon]. [...] [39] Before dealing with the causes of action, a word must be said about an argument raised by the appellant on the basis of the Privacy Act. Section 74 of that Act provides as follows: [...] [75] Rule 334.16(1)(e)(i) requires that representative plaintiffs be able to “fairly and adequately represent the interests of the class”.
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6,108.
Arslan v. Canada (Citizenship and Immigration) - 2013 FC 252 - 2013-03-08
Federal Court DecisionsProcedural Fairness [49] The RPD also drew an adverse inference from the lack of corroborating evidence of arrests of Kurds after the referendum in September, 2010. [...] [...] Although the RPD points out that the “claimant did not mention this allegation when she first reported her claim to Citizenship and Immigration Canada,” the RPD’s discussion of this issue also deals with the discrepancy between the alleged death threat and the police denunciation filed in El Salvador. [...] The documentary evidence discloses a great deal of discrimination against Kurds.
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6,109.
Dragan v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 211 - 2003-02-21
Federal Court Decisions[9] Section 201 of the IRPA grants the Governor-in-Council the authority to make regulations dealing with the transition from the former Act to the IRPA: [...] [14] This announcement did not allay the fairness and equity concerns of the Parliamentarians on the Committee. [...] • 4. for fairness and equity the government should increase resources dedicated to processing the applications.
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6,110.
Elson v. Canada (Attorney General) - 2019 FCA 27 - 2019-02-08
Federal Court of Appeal Decisions[31] With respect to Mr. Elson’s allegation of a lack of procedural fairness, the role of the reviewing court for procedural fairness matters is simply to determine whether the procedure that was followed was fair, having regard to the particular circumstances of the case. [...] • (c) summarized his dealings with DFO; • (d) submitted that the Minister did not ask to see his controlling agreement; and [...] [52] Mr. Elson, in paragraph 58 of his memorandum, submitted that he “did not receive a fair hearing from a fair and unbiased tribunal”.
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6,111.
Felipa v. Canada (Citizenship and Immigration) - 2011 FCA 272 - 2011-10-03
Federal Court of Appeal DecisionsSection 7 deals with the residence requirement and the rota of judges. [...] Section 8 deals with the tenure of office. Section 9 deals with the oath of office and its administration. [...] Section 10 deals with deputy judges. Finally, section 10.1 deals with the requirement of annual court meetings to discuss the rules and the administration of justice.
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6,112.
Teletech Canada, Inc. v. Canada (National Revenue) - 2013 FC 572 - 2013-05-29
Federal Court DecisionsBoth countries have designated “competent authorities” to deal with claims arising under the Treaty. [...] As a consequence, I am prepared to exercise my discretion and deal with the issue. [...] However, counsel fairly conceded that no evidence has been provided to explain why the CRA did not reconsider its position in light of the new information received from the IRS.
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6,113.
Nazifpour v. Canada (Citizenship and Immigration) - 2007 FCA 35 - 2007-02-08
Federal Court of Appeal Decisions[42] The jurisdiction conferred on the Immigration Appeal Board in 1976 by the Immigration Act, R.S.C. 1985, c. I-2, dealing with the removal of persons claiming to be refugees, was held not to include a power to reopen the refusal of a refugee claim on the basis of new evidence: Longia v. Canada (Minister of Employment and [...] [55] However, counsel for Mr Nazifpour made the fair point that the implied exclusion presumption may have little purchase here, because the power to reopen to consider new evidence is different in kind from the power to rehear a matter for breach of a principle of natural justice. [...] 12. Every enactment is deemed remedial, and shall be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objects.
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6,114.
Bernath v. Canada - 2005 FC 1232 - 2005-09-09
Federal Court DecisionsWe are not dealing with a situation under the Public Service Employment Act. [...] The National Defence Act, R.S.C. 1985, c. -5, section 29, provides for a redress of grievance procedure wherein members of the military may have any issue adjudicated which deals with "personal oppression, injustice or other ill-treatment" or "any other cause for grievance". [...] It is up to the judge responsible for applying subsection 24(1) of the Charter, to assess whether the pension that might be awarded is appropriate and fair in regard to the circumstances, or if it would be appropriate to add further compensation.
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6,115.
Pacificador v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 426 - 2001-05-02
Federal Court DecisionsLegault, supra contains distinguishing factors such as that the applicant did not testify about the allegations against him, did not testify that he was innocent, and the adjudicator was dealing with U.S. charges arising from the grand jury process. [...] The respondent submits that the standard of proof of "reasonable grounds to believe" is procedurally and substantively fair and does not breach section 7 of the Charter. [...] Would he think that it is more likely than not that [the decision maker], whether consciously or unconsciously, would not decide fairly?
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6,116.
Weng v. Canada (Immigration, Refugees and Citizenship) - 2020 FC 151 - 2020-01-28
Federal Court DecisionsIn assessing procedural fairness, the Court has to be satisfied that procedural fairness has been met. [...] [56] While the duty of procedural fairness at the visa application stage is low, the visa officer’s conduct constituted a breach of procedural fairness. [...] The officer has an obligation to provide a thorough and fair assessment in compliance with the terms and spirit of the legislation and procedural fairness requirements.
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6,117.
King v. Canada (Attorney General) - 2012 FC 488 - 2012-04-26
Federal Court Decisions[118] Sections 11 to 13 of the FAA specifically deal with human resources management. [...] 81. Le syndicat et le conseil de syndicats ne déclarent pas ni n’autorisent une grève illicite ni ne menacent d’en faire une. [...] Le dirigeant et l’agent syndical ne recommandent, ne provoquent, n’appuient ni n’encouragent une grève illicite ni ne menacent d’en faire une.
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6,118.
Black v. Canada (Citizenship and Immigration) - 2009 FC 703 - 2009-07-06
Federal Court DecisionsFairness to the parties and the tribunal under review dictates such a limitation: Bekker v. Canada (2004), 323 N.R. 195 (F.C.A.). [...] [55] In my view, this was not a meaningful compliance by the IAD with section 167(2) of the Act and the jurisprudence dealing with the appointment of a designated representative. [...] The breach of procedural fairness was highly material to outcome in this case.
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6,119.
Martselos v. Salt River First Nation - 2008 FC 8 - 2008-01-08
Federal Court DecisionsBreaches of procedural fairness are reviewed on a standard of correctness. [...] The following passage at para. 10 from Sault deals with Parliamentary intent; however, the SRFN is a Treaty 8 Band with a right of self-government, and analogous weight must be given to the democratic intent behind the Customary Election Regulations: [...] (b) The Council shall work with the RCMP, courts and legal system to ensure fair and just treatment of the Members.
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6,120.
El-Nakady v. Canada - 2024 FC 254 - 2024-02-15
Federal Court DecisionsCRA’s lack of action and undue delay have been causing the plaintiff getting calls from CRA collection agency, dealing with very stressful and demanding collection calls from CRA, not having access to own refunds funds on a timely fashion and spending countless hours calling CRA call centers in hope of resolving the [...] (Right to be treated fairly and Right to complete, accurate, clear, and timely information)[.] [...] However, this general grant of jurisdiction is limited by section 18.5 of the Federal Courts Act, which provides that if a statute provides for an appeal to the Tax Court of Canada of a decision of a federal board, commission, or other tribunal, then the Federal Court cannot review, restrain, set aside, or otherwise deal
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6,121.
Idris v. Canada (Citizenship and Immigration) - 2019 FC 24 - 2019-01-09
Federal Court Decisions[21] Justice Rennie wrote about this error of procedural fairness in Varga v Canada (Citizenship and Immigration), 2013 FC 494: [...] ... [6] Even though the RPD did not deal with this purported ground of risk, it is incumbent on an appellant to raise it on appeal. [...] [29] There is no need to deal with the third issue raised by the Applicant given my conclusions to this point.
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6,122.
Southwind v. Canada - 2017 FC 75 - 2017-01-20
Federal Court DecisionsThe law that a party is not permitted to split its case, except in very limited circumstances, is based on general principles of fairness and a recognition that prejudice to the opposite party arises if case-splitting is permitted. [...] The plaintiff or the Crown may be allowed to call evidence in rebuttal after completion of the defence case, where the defence has raised some new matter or defence which the Crown has had no opportunity to deal with and which the Crown or the plaintiff could not reasonably have anticipated. [...] [14] The question to be addressed is whether Dr. Reimer has advanced evidence that was not in her report, such that the Plaintiffs have not had the opportunity to deal with it, thus justifying the request to recall Ms. Larcombe.
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6,123.
Kampemana v. Canada (Public Safety and Emergency Preparedness) - 2015 FC 1060 - 2015-09-15
Federal Court DecisionsIn this respect, the comments made by Justice Nadon, in Baron, when dealing with an officer’s discretion in deferring a removal, are useful: [...] In such circumstances, officers must consider the immediate and short-term interests of the children and treat these fairly and with sensitivity. [...] [41] Before the officer was a significant deal of information provided by professionals on the special needs of the applicant’s son.
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6,124.
Abi-Mansour v. Canada (Revenue Agency) - 2015 FC 883 - 2015-07-17
Federal Court DecisionsAs a result, I agree with CRA that the Commission was provided with an adequate and fair basis for determining whether a further inquiry into the Applicant’s complaint was warranted and that it was justified in relying upon the Investigator’s report, together with the responding submissions of the parties, in arriving at [...] As CRA points out, the duty to investigate requires the Commission to deal with the essential or fundamental aspects of a complaint. [...] That context was that CRA had raised a preliminary objection, under subsection 41(1)(d) of the Act, that the Commission shall not deal with the Applicant’s complaint because it was “trivial, frivolous, vexatious or made in bad faith”.
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6,125.
Bemco Confectionery and Sales Ltd. v. The Queen - 2015 TCC 48 - 2015-02-26
Tax Court of Canada Judgments(a) may prejudice or delay the fair hearing of the appeal; . . . (c) is an abuse of the process of the Court; [...] [31] The Appellant adds that even if paragraph (o) was left intact, it would still contain a question of mixed fact and law because it deals with knowledge, which contains an implicit legal question. [...] Fairness would require that the Appellant should not hold the onus to demolish such an assumption.