11,309 result(s)
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626.
Sexsmith v. Canada (Attorney General) - 2021 FCA 111 - 2021-06-04
Federal Court of Appeal DecisionsIf he “land[s] or crash[es]” and is isolated in the bush, “hunters and meats and hides...attract grizzly bears” and so he needs his restricted firearm to deal with them. [...] It held that the firearms officers’ decisions were procedurally fair and substantively reasonable. [...] Vavilov requires that administrative decision-makers such as these deal with the issues before them in a genuine, open-minded way, avoiding result-oriented thinking.
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627.
Dufresne v. Canada (Attorney General) - 2013 FC 1071 - 2013-10-24
Federal Court DecisionsFinally, she refused to deal with any issue that had not been raised at the first level of grievance. [...] Were the principles of natural justice and procedural fairness violated in this case? [...] [11] . . . There is a world and a day of difference between the degree of procedural fairness which is to be applied when we are dealing with someone who is incarcerated or someone who is at liberty.
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628.
Qin v. Canada (Minister of Citizenship and Immigration) - 2003 FC 1504 - 2003-12-19
Federal Court Decisions[7] Mr Qin submits that the maxim of procedural fairness, "he who hears must decide" was breached. [...] 3. Did the Visa Officer breach any principle of procedural fairness owed to the applicant? [...] The second issue is whether the visa officer violated the duty of fairness by delegating the hearing of the interview to Ms. Solis.
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629.
Dorey v. Canada (Customs and Revenue Agency) - 2003 FC 1241 - 2003-10-23
Federal Court DecisionsThat request was received by the Fairness Team on October 19, 2001. The second request was assigned to a different Fairness Officer, Lee Bridger, for review and the preparation of a report and recommendation. [...] [18] The Respondent argues that the record shows that it considered only relevant matters including its earlier delays in dealing with prior requests by the Applicant and its failure to follow its own procedures in dealing with his second request. [...] The purpose of this legislative provision is to allow Revenue Canada, Taxation, to administer the tax system more fairly, by allowing for the application of common sense in dealing with taxpayers who, because of personal misfortune or circumstances beyond their control, are unable to meet deadlines or comply with rules
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630.
MacDonald v. The Queen - 2012 TCC 123 - 2012-04-17
Tax Court of Canada JudgmentsI will deal firstly with his evidence dealing with areas of his severance other than those dealing with his holdings in PC. [...] · The Appellant also relies on the fact the transactions were carried out at fair market values. [...] I will deal with that as an adjunct to the Respondent’s third argument.
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631.
Duguay v. The Queen - 1998-11-20
Tax Court of Canada JudgmentsThe fact that Revenue Canada did not reply to her notice of objection worried her a great deal. [...] He also said that in his opinion, when people who enter into a transaction are dealing with each other at arm’s length, the price that is set should as a rule represent the fair market value. [...] [159] The appellant Amédée Duguay continued to deal with Mr. Levert to obtain a receipt for 1988.
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632.
Deptuck v. The Queen - 2002-06-12
Tax Court of Canada JudgmentsParagraph 96(1)(a) is not a statutory declaration that for the purposes of the Act a partnership is not a taxpayer...It deals with "a taxpayer who is a member of a partnership". [...] Doing so clearly reveals that the parties to the purchase and sale were not dealing with each other at am's [sic] length. [...] There's a great deal that we don't know here. There are some things that we do know.
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633.
Canada (National Revenue) v. JP Morgan Asset Management (Canada) Inc. - 2013 FCA 250 - 2013-10-24
Federal Court of Appeal Decisions(2) the Federal Court is not able to deal with the administrative law claim by virtue of section 18.5 of the Federal Courts Act or some other legal principle; or [...] Most administrative action must be taken in a procedurally fair manner. [...] (2) The Federal Court is barred from dealing with the administrative law claim by section 18.5 of the Federal Courts Act or some other legal principle
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634.
OSFC Holdings Ltd. v. The Queen - 1999-06-25
Tax Court of Canada JudgmentsThis necessarily included dealing with those mortgages, and, in cases of default, dealing with the mortgaged properties as well. [...] v) the write-down of those mortgages to the estimated fair market value; [...] And the tax, as far as Standard was concerned, was an enhancement, if you will, but a fairly small part of the deal in terms of realization of proceeds, we were more concerned about an effective way to realize on the underlying security, the real estate.
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635.
Naqvi v. Defence Research and Development Canada - 2023 FC 88 - 2023-01-20
Federal Court DecisionsThe Applicant says that he was denied procedural fairness because the Commission’s investigation was not sufficiently thorough. [...] On August 24, 2020, the Commission accepted the recommendation to deal with the complaint under section 41. [...] [15] The ultimate question for a Court addressing issues related to procedural fairness is whether the procedure was fair in all the circumstances.
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636.
Tsetta v. Band Council of the Yellowknives Dene First Nation - 2014 FC 396 - 2014-04-29
Federal Court Decisionsiv) Did the Band Council’s procedure in suspending the Chief breach procedural fairness? [...] There were certainly enough credible allegations of wrongdoing to raise legitimate concerns, and it was in the best interest of the First Nation and of its political institutions to clear the air and to deal with these issues in a fair and orderly manner. [...] iv) Did the Band Council’s procedure in suspending the Chief breach procedural fairness?
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637.
Alhaqli v. Canada (Citizenship and Immigration) - 2017 FC 728 - 2017-07-27
Federal Court Decisions(a) for reasons of fairness and natural justice; a) en raison de considérations d’équité et de justice naturelle; [...] The former are administrative in nature and the latter deal with adjudicative issues that deal with the hearing itself. [...] Before addressing these issues, the present status of the Applicants and their approach to dealing with their concerns raise a number of preliminary issues that the Court must deal with.
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638.
McLeod (Estate) v. Canada (National Revenue) - 2007 FC 1111 - 2007-10-26
Federal Court Decisions[9] In October of 2006, Mr. McLeod’s request for fairness relief was denied. [...] The Fairness Request [10] An initial fairness request filed by Mr. McLeod was allowed, and he was granted relief from late filing penalties for the 2000 and 2001 taxation years. [...] [30] In these circumstances, the finding that Mr. McLeod was in a position to deal with his financial affairs during the relevant period is unreasonable.
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639.
Haque v. Canada (Minister of Citizenship and Immigration) - 2000-07-14
Federal Court Decisions[2] It is conceded by counsel for the respondent that the error which I did not deal with in my reasons was in fact an error. [...] In fact, the documentary evidence was to the effect that a fair election had occurred in Manikgonj, to which the applicant had no connection. [...] But there are many reasons why a judge might not deal with all arguments made to the Court.
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640.
Hengerer v. Blood Indians First Nation - 2014 FC 222 - 2014-03-06
Federal Court Decisions[30] The Respondents say that the Applicants are challenging the decision of Council to not have commercial dealings with Hengerer in 2014 and this is causing a great deal of disruption in the Blood Tribe community. [...] In other words, it is my view that the Court does have the jurisdiction to deal with this application. [...] Procedural Fairness [51] I agree with the Respondents that the procedural fairness issues are different for Hengerer and the Occupant Applicants.
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641.
Allen v. The Queen - 2009 TCC 426 - 2009-09-09
Tax Court of Canada Judgments(c) a person with whom the person was not dealing at arm's length, the following rules apply: [...] (i) the amount, if any, by which the fair market value of the property at the time it was transferred exceeds the fair market value at that time of the consideration given for the property, and [...] A 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.
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642.
Society of Composers, Authors and Music Publishers of Canada v. Landmark Cinemas of Canada Ltd. - 2000-10-02
Federal Court DecisionsBoth of MacMillan Bloedel and Everingham, supra, deal directly with prohibited communications with individuals represented by counsel and broadly canvass the applicable principles. [...] The ensuing exchange did not deal with the proceeding and no information of any kind was imparted to the Crown counsel. [...] [43] Without in any way detracting from the impropriety of Ms. Peech's conduct, I cannot find that a fair minded member of the public, in possession of all of the facts in this case, would conclude that the fair administration of justice requires the intervention of the court in favor of the defendant.
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643.
Keith v. Canada (Correctional Service) - 2012 FCA 117 - 2012-04-18
Federal Court of Appeal DecisionsThese various routes are described as follows in the 2007 Fairness Study, and they include measures to take into account the international training of international medical graduates (Appeal Book at pp. 220-221): [...] [50] The Commission may decline to deal with a complaint under paragraph 41(1)(c) of the Act when the complaint is beyond its jurisdiction. [...] 4. Les actes discriminatoires prévus aux articles 5 à 14.1 peuvent faire l’objet d’une plainte en vertu de la partie III et toute personne reconnue coupable de ces actes peut faire l’objet des ordonnances prévues aux articles 53 et 54.
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644.
Schutz v. The Queen - 2008 TCC 523 - 2008-11-12
Tax Court of Canada Judgments[41] In conducting his analysis of the fair market rental value of the properties at Appleby, Mr. Rae assumed he was dealing with a real market where there was a real Landlord and a real Lessee. [...] [82] Mr. Rae drew upon his experience from his years of dealing with real estate in and about the Oakville area. [...] There are plenty of cases that deal with the interpretation of paragraph 6(1)(a) of the Act.
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645.
Canadian Union of Public Employees (Airline Division) v. Air Canada - 2013 FC 184 - 2013-02-22
Federal Court Decisions[6] The Commission decided to deal with CUPE’s complaint in May of 1992. [...] Section 32 deals with the hiring of Commission staff and contractors. [...] [53] Subsection 43(1) deals with the appointment of investigators. It provides that:
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646.
Petric v. The Queen - 2006 TCC 306 - 2006-05-31
Tax Court of Canada Judgments[8] The appellants also argue that the fair market value as determined by the Minister is not representative of the actual fair market value at the date of disposition of the property, that is, July 25, 1996. [...] He submits that, at that date, all the inherent conditions allowing the completion of the deal were met. [...] Furthermore, in Mr. Martineau's view, all the agreements and documents prior to July 25, 1996, constituted steps that were completed in order for the emphyteutic lease to take effect and the deal to go through.
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647.
Leclair v. The Queen - 2011 TCC 323 - 2011-09-30
Tax Court of Canada JudgmentsSecond, there must be a transfer of property, either directly or indirectly, by means of a trust or by any other means; third, the transferor and transferee were not dealing at arm’s length and finally the fair market value of the property transferred must exceed the fair market value of the consideration given by the [...] (c) a person with whom the person was not dealing at arm’s length, the following rules apply: [...] (i) the amount, if any, by which the fair market value of the property at the time it was transferred exceeds the fair market value at that time of the consideration given for the property, and
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648.
Chopra v. Canada (Treasury Board) - 2005 FC 958 - 2005-07-08
Federal Court DecisionsTo deal with this apprehended threat Health Canada established an Emergency Response Team ("ERT") to advise the Minister of Health on risks from bio-terrorism and measures to deal with those risks. [...] 2. alleged errors of law by the adjudicator, including alleged failure to observe procedural fairness; [...] [32] A fourth error in law alleged by the adjudicator concerns procedures that are said to result in a lack of procedural fairness.
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649.
Canada (Human Rights Commission) v. Canada (Attorney General) - 2012 FC 445 - 2012-04-18
Federal Court Decisions[67] The Assessor recommended that the Commission deal with the complaint. [...] Mr. Sinclair refused to deal with either of the issues on a preliminary basis. [...] There is also no evidence as to whether he was even available to continue dealing with the case.
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650.
Arumugam v. Canada (Minister of Citizenship and Immigration) - 2000-04-07
Federal Court DecisionsFor the reasons given below, I need not deal with this issue. BACKGROUND [...] How you will deal with any emergency in Cda? I will call Douglas Pereira (pls note questioned[sic] repeated thrice). [...] In addition seems she will not able to deal with any emergency in Cda (as above).