11,309 result(s)
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601.
Chickoski v. Canada (Attorney General) - 2017 FC 772 - 2017-08-17
Federal Court DecisionsThose submissions were known to the ADM. In that respect, the process was procedurally fair to him. [...] Following Boutilier, it found that the redress process could deal meaningfully and effectively with the substance of the grievance. [...] (1) deal meaningfully and effectively with (2) the substance of the employee’s grievance;
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602.
Le Groupe PPP Ltée v. The Queen - 2017 TCC 2 - 2017-01-16
Tax Court of Canada JudgmentsThe TCC’s role is to apply the law, not to create [translation] “new” law on the basis of fairness. [...] The Appellant maintains that her appeal should be allowed on the grounds of fairness. [...] [110] The argument that the dealer must do a great deal of work and invest a great deal of time to prepare and subsequently submit the claim to the appellant is very unconvincing.
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603.
Pikangikum First Nation v. Canada (Minister of Indian and Northern Affairs) - 2002 FCT 1246 - 2002-11-29
Federal Court DecisionsThis Directive deals with the appointment of co-managers and third party managers. [...] A. It's a document dealing with co-management and third party management. [...] [105] Because of my finding on Issue 3, I do not propose to deal with Issues 4 and 5.
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604.
Transalta Corporation v. The Queen - 2012 TCC 86 - 2012-03-15
Tax Court of Canada Judgments4. Throughout the Relevant Taxation Years, the Appellant and the Subsidiaries did not deal at arm’s length with one another for purposes of the Act. [...] Parliament intended for section 7 to capture employee stock option agreements, because the other sections dealing with cash compensation could not. [...] 7(3) If a particular qualifying person has agreed to sell or issue securities of the particular person, or of a qualifying person with which it does not deal at arm’s length, to an employee of the particular person or of a qualifying person with which it does not deal at arm’s length,
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605.
GlaxoSmithKline Inc. v. Canada - 2010 FCA 201 - 2010-07-26
Federal Court of Appeal DecisionsThe appellant acquired granulated ranitidine from Adechsa at an amount in excess of the fair market value of ranitidine, and pursuant to subsection 69(2) of the Act the appellant is deemed to acquire it at a reasonable amount. [...] person in the appellant’s business circumstances and dealing at arm’s length would have paid the amounts that the appellant paid to Adechsa, pointing out that the Judge instead determined that the amounts paid by the appellant to Adechsa were unreasonable because they exceeded the “fair market value” of ranitidine. [...] Rather, he determined the “fair market value” of ranitidine, which he found to be the price paid by Apotex and Novopharm, and then found that anything paid by the appellant over that amount, save for a $25 per kilo upward adjustment, was in excess of “the reasonable amount”.
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606.
Mujiri v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 121 - 2002-01-31
Federal Court DecisionsThe second stage of the process deals with whether the applicant is eligible for admission to Canada. [...] The applicants raised the following errors and I will deal with each of them: [...] As the officer was in error, I do not propose to deal with the other listed errors.
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607.
Gerle Gold Ltd. v. Golden Rule Resources Ltd. - 2000-09-25
Federal Court of Appeal Decisionsd) deciding that the reasons for the ADM's decision were not sufficient at law due to his failure to explicitly deal with particular aspects of evidence and the submissions of the parties. [...] C) Whether the ADM breached the duty of fairness in refusing to recognize or exercise his discretion to permit cross-examination. [...] D) Whether the ADM erred in failing to provide sufficient reasons for his decision and in particular, failed to deal with significant aspects of evidence in the circumstances.
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608.
Canada (Attorney General) v. Perera - 2000-06-08
Federal Court of Appeal DecisionsIt was his view that the Commission was not an adjudicative body and, moreover, that it lacked expertise to deal with the Charter issue. [...] Specifically, in order to find an implied power to deal with questions of law the administrative body must be adjudicative in nature. [...] Adjudicative bodies deal with evidentiary and procedural questions in order to dispose of the cases brought before them.
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609.
Mcintyre v. Canada (Citizenship and Immigration) - 2016 FC 1351 - 2016-12-08
Federal Court Decisions[31] The Applicant has raised three major issues for review and I will deal with each in turn. [...] It there was viva voce evidence of risk, the IAD failed to deal with it so that this could well be a reviewable error. [...] [33] In dealing with the issue of whether or not to grant a stay, the IAD stated that “[s]tays of deportation are, by their very nature, special relief.
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610.
El Shurafa v. Canada (Attorney General) - 2014 FC 789 - 2014-08-08
Federal Court Decisions[14] Further, he argues that Passport Canada also acted unfairly because its actions violated his deal with the prosecutor. [...] [20] The respondent says that the decision was also procedurally fair. [...] [47] I need not deal with the last issue because of my findings on the other issues.
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611.
Zaib v. Canada (Citizenship and Immigration) - 2010 FC 769 - 2010-07-21
Federal Court Decisions[8] While Mr. Zaib has raised a number of issues with respect to the officer’s decision, I need only deal with the issue of fairness, as that issue is determinative of the outcome of the application. [...] [9] The section of Citizenship and Immigration Canada’s Immigration Manual dealing with procedural fairness in the evaluation of visa applications provides that officers should accurately describe to visa applicants the documents that they are required to submit in order to address officers’ concerns. [...] [17] In these circumstances I am satisfied that the failure of the officer to fairly describe the extrinsic evidence obtained resulted in Mr. Zaib being denied a fair opportunity to provide a meaningful response to the officer’s concerns.
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612.
Leblanc v. The Queen - 2008 TCC 242 - 2008-05-09
Tax Court of Canada Judgmentsi) the difference between the fair market value of the property transferred, $104,000, and the fair market value of the consideration paid, $60,000, is therefore $44,000; [...] (c) a person with whom the person was not dealing at arm’s length, the following rules apply: [...] [49] The Appellant admitted to not dealing with Mr. L'Écuyer at arm's length.
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613.
Gil v. Canada (Citizenship and Immigration) - 2014 FC 370 - 2014-04-17
Federal Court DecisionsThese are all essentially issues of procedural fairness that I will assess on the basis of the standard of correctness. [...] [13] Mr. Gil also relies on the Minister’s PRRA Guidelines (PP3) dealing with the issue of functus officio. [...] His fairness argument thus rests solely on the technical pillar of the doctrine of functus officio.
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614.
Uniboard Surfaces Inc. v. Kronotex Fussboden GmbH - 2006 FCA 398 - 2006-12-07
Federal Court of Appeal DecisionsDuty of procedural fairness [5] It is accepted by all counsel that procedural fairness is applicable to SIMA investigations. [...] The Court then found that the revision of the by-law after the hearing and without further hearing did, in the circumstances, meet the requisites of fair process, “particularly when it is bore in mind that the City had a duty to deal with a complex situation where different interests were at play and the City’s ultimate [...] The only requirements deal with “provision of evidence to the President” (sections 78 and 79) and “disclosure of information” (sections 82 to 88.1).
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615.
Sanofi-Aventis Canada Inc. v. Canada (Attorney General) - 2009 FC 965 - 2009-09-24
Federal Court Decisions[32] These are both primarily questions of statutory interpretation, and at least the first question deals with a true question of vires. [...] [41] This Court, in dealing with one of the interlocutory issues raised between the Board and the applicant, pronounced on the content of the duty of fairness applicable to the Board’s decisions. [...] [45] With regard to the first consideration, in light of section 97(1) of the Act, which provides that the Board shall deal with proceedings “as informally and expeditiously as the circumstances and considerations of fairness permit,” the applicant is correct in concluding that the 9 year period from April 20, 1999 to July
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616.
Ibe-Ani v. Canada (Citizenship and Immigration) - 2020 FC 1112 - 2020-12-02
Federal Court DecisionsThere is considerable overlap in the evidence and argument on these points, and so I will deal with them together. [...] I note that the Applicant did not say that he misunderstood the question in his response to the fairness letter. [...] The decision, while short, explains the Officer’s reasoning in sufficient detail, in particular given the context of a visa officer dealing with a study permit.
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617.
Logan v. Canada (Minister of Citizenship and Immigration) - 1999-06-08
Federal Court Decisions(a) Breach of duty of fairness [13] The Federal Court of Appeal in Shah v. Canada (1994), 29 Imm.L.R. (2d) 82, (F.C.A.), dealt with the duty of fairness where the section 114 exemption was being sought on humanitarian and compassionate grounds. [...] In this respect, it differs from many other decisions, e.g. by a visa officer dealing with a sponsored application for landing, where the law establishes criteria which, if met, give rise to certain rights. [...] Once the department agreed to the interview of October 22, 1986, they then had an obligation to act fairly.
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618.
Bank of Nova Scotia v. Williams - 2021 FC 1122 - 2021-10-21
Federal Court DecisionsThe Commission rejected this recommendation, and decided to deal with the complaint in a decision dated June 12, 2019. [...] Forum shopping for a different and better result can be dressed up in many attractive adjectives, but fairness is not among them. [...] However, pursuant to Figliola, the Commission is not bound by “precise doctrinal catechisms”, and should instead focus on fairness and avoiding relitigation of issues that have already been decided by a decision maker with the authority to resolve them.
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619.
Chao v. The Queen - 2018 TCC 202 - 2018-10-12
Tax Court of Canada JudgmentsIf judgment is rendered on the substance of the matter but the court defers costs to later, the court may still deal with costs after rendering judgment. [...] Similarly, where the court has dealt with all but one of the issues; it may in that case deal with the outstanding issue. [...] [14] The reasons and the judgment both deal with the rebate issue. Clearly the rebate issue has not been overlooked and has been adjudicated.
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620.
O'Grady v. Bell Canada - 2015 FC 1135 - 2015-10-05
Federal Court DecisionsShe submits this is a breach of procedural fairness and gives an appearance of bias. [...] It fails to deal with the Applicant’s submissions at all. By not addressing those submissions the Commission has left an analytical gap which the Court cannot fill. [...] [42] In a recent decision of this court dealing with failure to consider submissions, Justice Fothergill found in Brosnan v. Bank of Montreal, 2015 FC 925 at para 11, that “[w]here the Commission fails to address submissions that go to the heart of the complaint under adjudication, this implicates the procedural fairness of
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621.
Renaud v. Canada (Attorney General) - 2013 FC 18 - 2013-01-11
Federal Court Decisions(i) a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment, or [...] Basically, the applicant alleged that the investigator had not acted impartially and fairly towards her and had breached the principles of procedural fairness. [...] It is therefore important that steps be taken to mitigate the negative effects and to deal with the complaint quickly.
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622.
Rodrigues v. Canada (Citizenship and Immigration) - 2008 FC 77 - 2008-01-22
Federal Court Decisions[19] I deal briefly with the preliminary issue raised by counsel for the Minister. [...] He did not obtain a psychological assessment dealing with the likelihood of the applicant committing further offences. [...] Mr. Vuppal also failed to file and deal with the sentencing decisions of the criminal courts following conviction.
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623.
Kniss v. Canada (Privacy Commissionner) - 2013 FC 31 - 2013-01-15
Federal Court Decisions[22] In her capacity under the PIPEDA, the Privacy Commissioner conducts “[...] impartial, independent and non-partisan investigations” when dealing with complaints. [...] [35] In addition, the powers of the Federal Court when dealing with the recourse provided by section 14 of the PIPEDA are not comparable to a judicial review process. [...] Such permission may be granted when allegations of bias or issues of procedural fairness are raised.
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624.
Canada (Citizenship and Immigration) v. Canadian Council for Refugees - 2021 FCA 72 - 2021-04-15
Federal Court of Appeal DecisionsCourts deciding constitutional cases with big public impact do not deal with strawmen. [...] [109] When dealing with privileges, the Court will scrutinize them carefully. [...] [170] The Federal Court found it unnecessary to deal with section 15.
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625.
Wilson v. Canada (Attorney General) - 2012 FC 1226 - 2012-10-19
Federal Court Decisions[9] Mr. Wilson raised concerns regarding the time it has taken to deal with his request and grievance; however, those are not issues before me. [...] Mr. Wilson says that “[the Warden] cannot make a new decision he has to reside with the original one with all [its] warts and the acknowledgement that he failed in his duty to act fairly.” [...] In my view, the decision on remedy was justified on the basis of the governing legislation and policy which required the Warden to provide complete reasons dealing with the factors set out in the legislation.