11,315 result(s)
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6,451.
Ault v. Canada (Attorney general) - 2003 FC 1155 - 2003-10-06
Federal Court Decisions[28] Unlike most other provisions in the PSSA, section 40 deals with a situation involving a third party. [...] Providing a residual discretion in the Minister to deal with situations that might arise is a way to achieve that balance. [...] If the claim - which is highly speculative - has merit, I would call the result "fair" not "double dipping".
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6,452.
Apotex Inc. v. Merck & Co. - 2003 FCA 291 - 2003-06-30
Federal Court of Appeal Decisions[24] The motions judge, faced with this situation, was entitled to design a unique procedure for dealing with matters of remedy. [...] [25] In my view it was appropriate in the remedy phase of this case to deal with many of the issues by way of summary judgment. [...] As a matter of fairness, the accounting remedy should not be granted over the objection of the infringing party unless that party is first given a reasonable opportunity to argue that equity should preclude the accounting remedy.
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6,453.
Mike Hamblin (A proprietorship operating as Mike's Towing) v. MNR - 2003 TCC 301 - 2003-05-23
Tax Court of Canada JudgmentsThis also deals with item (h) in that the Appellant did not fully control the collection and disbursement of monies. [...] On the evidence, it is clear that for a great deal of the time, the Workers were left to their own resources. [...] Having said that, it is also fair to say that where the parties genuinely choose a particular method of setting up their working arrangement, it is not for the Minister or this Court to disregard that choice.
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6,454.
Kabengele v. Canada (Minister of Citizenship and Immigration) - 2000-11-16
Federal Court DecisionsSimilarly, the Refugee Division also erred in not dealing with his fear of persecution for his activities as a businessman, when several things showed that he was at risk. [...] [20] After a careful review of the record I find that the plaintiff objected extensively to the findings of the Refugee Division dealing with his credibility and the assessment of facts. [...] [32] The plaintiff relied heavily on the Refugee Division's failure to deal with the fear of persecution which the plaintiff might have on account of his activities as a businessman.
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6,455.
Sedki v. Canada (Citizenship and Immigration) - 2021 FC 1071 - 2021-10-15
Federal Court Decisions[69] Section 36 of the IRPA deals with inadmissibility on grounds of serious criminality or criminality, under subsections 36(1) and (2), respectively. [...] In my view, these provisions deal with the form and content of any application made under the IRPR and the remittance of applications if they are not compliant. [...] This purpose is obviously related to the general objective of the IRPA to “maintain, through the establishment of fair and efficient procedures, the integrity of the Canadian immigration system”: IRPA, s 3(1)(f.1).
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6,456.
Canada v. Bank of Montreal - 2020 FCA 82 - 2020-05-04
Federal Court of Appeal Decisions(ii) to a person with whom the taxpayer was dealing at arm’s length (ii) soit en faveur d’une personne avec laquelle il n’avait aucun lien de dépendance, [...] (i) the fair market value of the affiliate’s interest in the partnership at that time [...] (ii) the fair market value of all interests in the partnership at that time;
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6,457.
Burlington Resources Finance Company v. The Queen - 2015 TCC 71 - 2015-03-20
Tax Court of Canada Judgments(b) whether the terms or conditions, including the Guarantee Fees, made or imposed in respect of the guarantees differed from those that would have been made between persons dealing at arm’s length; [...] (c) whether the terms or conditions, including the Guarantee Fees, made or imposed in respect of the Arrangements differed from those that would have been made between persons dealing at arm’s length; [...] The ultimate purpose is to fairly, reasonably and expeditiously move matters along to a hearing.
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6,458.
Glaxosmithkline Inc. v. Pharmascience Inc. - 2008 FC 593 - 2008-05-09
Federal Court DecisionsMany of these allegations overlap and for present purposes it is unnecessary to deal with all of them in a discrete way. [...] That decision was one of the earliest to fully summarize the law dealing with selection patents. [...] Q. Fair enough. That’s where the money is. Any other esters of acyclovir that go through that transporter?
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6,459.
Oliveira v. The King - 2023 TCC 33 - 2023-07-21
Tax Court of Canada JudgmentsDealing with a similar statutory scheme, Justice Bocock allowed an application for an extension of time by Breathe E-Z Homes, notwithstanding that that it missed the extended deadline. [...] [24] Finally, counsel for Mr. Oliveira asked me to take into account fairness and equity with particular reference to: [...] 4 ... It is not open to the Court to make exceptions to statutory provisions on the grounds of fairness or equity.
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6,460.
Basal v. The King - 2022 TCC 154 - 2022-11-30
Tax Court of Canada Judgments(a) may prejudice or delay the fair hearing of the appeal; (b) is scandalous, frivolous or vexatious; [...] As noted in Status-One, supra, great care must generally be exercised in dealing with third parties but it may be that an appellant's relationship with third parties is relevant. [...] [53] The Appellant again argues that these allegations unduly implicate third parties and will unduly prejudice or delay the fair conduct of the appeals.
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6,461.
Hendrikx v. Canada (Public Safety) - 2022 FC 1068 - 2022-07-19
Federal Court DecisionsRather than seeking an order for production of a copy of the video, the Applicant now asserts that the CBSA failed to comply with their own document retention policy and did not act in good faith in dealing with his case. [...] procedural fairness issues related to the OIC’s investigation, his application is pleaded solely as a section 41 application and not an application for judicial review under section 18.1 of the Federal Courts Act. As such, the Court has no jurisdiction to consider any denial of procedural fairness allegations [see [...] In any event, the Applicant failed to plead in his Notice of Application or his memorandum of fact and law many of the procedural fairness deficiencies that he articulated at the hearing.
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6,462.
Air Passenger Rights v. Canada (Attorney General) - 2021 FCA 201 - 2021-10-15
Federal Court of Appeal DecisionsIt’s important to consider how to strike a fair and sensible balance between passenger protection and airlines’ operational realities in these extraordinary and unprecedented circumstances. [...] [14] I will deal with the informal motion first. [15] The AGC objects to the filing of Dr. Lukács’ additional affidavit because he says that the applicant did not follow the Federal Courts Rules in proceeding by way of informal motion and because the additional documents the applicant seeks to add to the record in respect [...] Rather, where such arguments are raised, documents in the possession, control or power of a tribunal that are relevant to the allegations of bias or breach of procedural fairness are subject to disclosure.
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6,463.
Fiducie Historia v. The Queen - 2021 TCC 38 - 2021-05-17
Tax Court of Canada JudgmentsTherefore, at that time, there were three trustees dealing with each other at arm's length. [...] "rule 58 aims, among other objectives, to ensure the fair and expeditious resolution of disputes . . . and to assist the parties in finding solutions likely to settle the dispute without a trial, which thus increases access to justice, considering the underlying criteria of proportionality, efficiency and fairness." [...] The prospects of two judges, after considerable testimony, opining on the credibility and weight of the same witnesses in the same appeals is neither fair, nor consistent to the parties nor the interests of justice."
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6,464.
Richards v. Canada - 2021 FC 231 - 2021-03-16
Federal Court Decisions[10] Paragraph 50(1)(a) of the Act deals with a specific example of when it may not be in the interests of justice to allow a proceeding to continue – namely, when the claim is being pursued in another court or jurisdiction. [...] In the meantime, it is this Court’s responsibility to ensure the fair and timely adjudication of Mr. Richards’s claims under the Charter. [...] (In fairness to Mr. Richards, these authorities post-date the commencement of his action.)
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6,465.
Watts v. Canada (Citizenship and Immigration) - 2020 FC 158 - 2020-01-28
Federal Court Decisions[35] The Applicants submit that if the Officer had concerns with the financial information, the Officer should have issued a procedural fairness letter. [...] I am not persuaded a procedural fairness letter was required even if that was the Officer’s concern, based on Bautista v Canada (Citizenship and Immigration), 2018 FC 669 per Gagné J (as she then was) at para 17 (dealing with a work permit not a vacation visa): [...] It is generally not a procedural fairness requirement that applicants for a work permit be granted an opportunity to respond to a visa officer’s concerns.
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6,466.
Lakatos v. Canada (Citizenship and Immigration) - 2018 FC 1061 - 2018-10-23
Federal Court DecisionsI agree with the Respondent that, as this issue raises a question of procedural fairness, it is reviewable on a standard of correctness (see Oyejobi v Canada (Citizenship and Immigration), 2018 FC 107 at para 14). [...] Neither area of questioning demonstrates that the Member was not considering the Applicants’ claims fairly. [...] The Appellants have failed to address, let alone challenge, the RPD’s negative credibility findings and in doing so failed to deal with the determinative issue.
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6,467.
Biles Estate v. Canada (National Revenue) - 2017 FC 371 - 2017-04-18
Federal Court Decisions[7] On June 26, 2004, Evelyn Biles died and, as she was the beneficiary of the spousal trust, there was a deemed disposition of the Property at fair market value [FMV] which the Applicant reported as $2,885,000 (“$2.8 million”). [...] It would offend any notion of fairness to defer to the Minister’s judgment as to whether he or she had made an agreement and reneged on it. [...] The Applicant was out of time and it ran afoul of the specific provisions dealing with extensions of time for filing notices of objection.
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6,468.
AFD Petroleum Ltd. v. Canada (Attorney General) - 2016 FC 547 - 2016-05-16
Federal Court DecisionsConsequently, although the Federal Court has broad powers with respect to judicial review, it cannot deal with matters which are properly appealed to the Tax Court (see: Canada (National Revenue) v JP Morgan Asset Management (Canada) Inc., 2013 FCA 250 at para 27, [2014] 2 FCR 557 [JP Morgan]). [...] The Applicant also raises an issue of procedural fairness or procedural unacceptability, asserting that because CRA determined that the Form as filed was incomplete and not accepted, the Applicant has been arbitrarily deprived of its right to object to the Chief of Appeals for CRA and subsequently appeal to the Tax Court to [...] [22] As for the issue of procedural fairness or procedural unacceptability raised by the Applicant, the Supreme Court has stated recently that correctness continues to be the standard of review in respect of procedural fairness issues (see: Mission Institution v Khela, 2014 SCC 24 at para 79, [2014] 1 SCR 502).
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6,469.
Gladue v. Duncan’s First Nation - 2015 FC 1194 - 2015-10-22
Federal Court DecisionsIt is apparent from the affidavit evidence that Duncan’s First Nation is currently dealing with issues surrounding financing and record-keeping. [...] B. The in camera Special Council Meeting held on April 21, 2015 was not contrary to Canadian common or statute law, natural justice or procedural fairness; [...] [26] The Respondent notes that the meeting did not breach any procedural fairness requirements, as notice was sent to all members of Council including the Applicant.
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6,470.
Khaper v. Air Canada - 2015 FCA 99 - 2015-04-16
Federal Court of Appeal DecisionsThe Federal Court Judge found that Mr. Khaper had not been denied procedural fairness. [...] In his notice of appeal and in his memorandum of fact and law, Mr. Khaper included arguments related to this procedural fairness issue but at the hearing of the appeal, he stated that he was no longer pursuing this procedural fairness argument. [...] 41. (1) Subject to section 40, the Commission shall deal with any complaint filed with it unless in respect of that complaint it appears to the Commission that
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6,471.
Bhattacharyya v. Viterra Inc. - 2015 FC 121 - 2015-01-26
Federal Court Decisions[37] However, when deciding whether further inquiry is warranted, the process followed by the Commission must be fair. [...] [45] With this understanding of the Commission’s role and responsibilities in dealing with complaints of discrimination, I will next consider Mr. Bhattacharyya’s arguments as to the inadequacy of the investigation in this case. [...] [46] Mr. Bhattacharyya did not address the issue of standard of review in his submissions, while Viterra concedes that questions of procedural fairness are reviewable on the standard of correctness.
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6,472.
Lukaj v. Canada (Citizenship and Immigration) - 2013 FC 8 - 2013-01-04
Federal Court DecisionsImmigration consultants and lawyers will go to their clients and say “we're going to send your application in right now.” And then we'll go from 40,000 applications to 50 or 60 or 70,000, and we'll never be able to deal with the backlog. [...] [39] Mr. Lukaj also submitted that the principles of procedural fairness required that he be given some notice of the change in the Minister’s policy, given that the Ministerial Instruction affected his substantive right to sponsor his parents. [...] In addition, the issuance of the Ministerial Instructions on very short notice did not breach any duty of fairness owed to Mr. Lukaj.
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6,473.
Rosenberg Estate v. Canada (National Revenue) - 2011 FC 445 - 2011-04-12
Federal Court DecisionsAlso we do not find that the fact that an agreement was reached with the Agency as to the determination of the fair market value of the assets at death would justify the cancellation of the penalties. [...] The Court therefore cannot find that, in these circumstances, there has been a breach of procedural fairness. [...] In this case and for the reasons outlined above, the decision of the CRA was within the range of possible, acceptable outcomes (Dunsmuir) and the CRA did not breach the rules of natural justice in its dealings with the applicant.
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6,474.
Abbott v. Canada (Citizenship and Immigration) - 2011 FC 344 - 2011-03-21
Federal Court Decisions(c) Whether the IO erred in law and breached principles of procedural fairness in relying on extrinsic evidence not provided to the Applicant prior to the decision? [...] [22] I will deal with this threshold issue first. III. Standard of Review [...] (3) Did the IO Breach the Applicant’s Right to Procedural Fairness? [49] The Applicant makes lengthy written submissions arguing that the IO erred in law and breached principles of procedural fairness in relying on extrinsic evidence not provided to the Applicant prior to the decision.
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6,475.
Community Panel of the Adams Lake Indian Band v. Adams Lake Band - 2011 FCA 37 - 2011-02-02
Federal Court of Appeal DecisionsHe found that the Community Panel had conducted itself fairly, appropriately and diligently. [...] [36] Yet another important factor is the difficulty in staffing a new Community Panel to deal with the appeals. [...] As a result, the appeals were decided with an appearance of fairness and impartiality.