11,315 result(s)
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6,651.
Phathong v. Canada (Citizenship and Immigration) - 2010 FC 927 - 2010-09-16
Federal Court DecisionsI agree with the submissions concerning the applicable standard of review for issues of procedural fairness, that is correctness, but otherwise it is not necessary for me to deal with the Applicant’s arguments.
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6,652.
Enriquez Palacios v. Canada (Citizenship and Immigration) - 2010 FC 363 - 2010-04-09
Federal Court DecisionsGiven my conclusion about the issue of state protection, I need not deal with the others. [...] In fairness, Mr. Enriquez Palacios’ evidence was not simply a general condemnation of the police.
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6,653.
Golden v. Canada - 2009 FCA 86 - 2009-03-16
Federal Court of Appeal DecisionsBecause these appeals are related and raise similar, but not identical issues, we, like the Tax Court Judge, will issue one set of reasons dealing with both appeals. [...] Counsel said that fairness requires that the appellants’ 1989 net income for the purpose of their tax appeals should be decided on all the available evidence, including the material seized from Mr Golden.
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6,654.
Singh Sahota v. Canada (Citizenship and Immigration) - 2007 FC 651 - 2007-06-18
Federal Court Decisions[5] In my view, it was an error in law for the immigration officer to have concluded that she was not required to deal with risk factors in her assessment of the humanitarian and compassionate application. [...] [13] The officer applied the wrong test, and therefore Mr. Singh Sahota was not given a fair hearing.
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6,655.
Muqeem v. Canada (Minister of Citizenship and Immigration) - 2005 FC 465 - 2005-04-07
Federal Court DecisionsI add that in the case of Taher v. Canada (Minister of Citizenship and Immigration), [2002] F.C.J. 1327 (T.D.), Justice Pinard found a breach of natural justice dealing with a case where a tribunal failed to reopen an abandonment decision based on the non-filing of a PIF occasioned solely by the attorney's fault. [...] He found the applicant was denied natural justice and deprived through no fault of his own, of a fair opportunity to be heard before her claim was declared abandoned.
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6,656.
De Souza v. Canada (Minister of Citizenship and Immigration) - 2004 FC 267 - 2004-02-26
Federal Court DecisionsDealing first with the second issue, counsel for the applicants submits that the Board committed an error of law in its failure to consider the potential loss of the applicants' Zimbabwean citizenship. [...] [8] Turning now to the first issue, counsel for the applicants submits that the Board violated principles of natural justice and procedural fairness by not allowing counsel to make submissions before rendering its decision.
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6,657.
Mazhero c. Canada (Industrial Relations Board) - 2002 FCA 295 - 2002-07-18
Federal Court of Appeal Decisions[3] The motion is made in connection with an application for judicial review in which the applicant seeks an order requiring the Canada Industrial Relations Board to hear and determine in accordance with law his complaint that the Public Service Alliance of Canada ("PSAC") breached its duty of fair representation in failing [...] While the general test for such supplementary material is whether the additional material will serve the interests of justice, will assist the Court and will not seriously prejudice the other side, it is also important that any supplementary affidavit and supplementary record neither deal with material which could have been
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6,658.
Whitman v. Canada (Attorney General) - 2001 FCT 1251 - 2001-11-14
Federal Court Decisions2. On March 5, 2001, the applicant made a request to CCRA for interest relief in relation to a personal income tax account for the 1991, 1992 and 1993 taxation years under the provisions of the fairness legislation. [...] ... which, it seems to me, must be borne in mind in dealing with any application of this kind, is whether, in the circumstances presented, to do justice between the parties calls for the grant of the extension.
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6,659.
Mayela v. Canada (Citizenship and Immigration) - 1999-06-18
Federal Court Decisions[7] It is not necessary, in these circumstances, that I deal at great length with the applicants' second principal issue. [...] [8] In the re-hearing of this matter, the Convention Refugee Determination Division will be directed to provide the applicants with access to Mr. Mayela's original national identity certificate, upon the terms and conditions which it considers to be fair and appropriate.
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6,660.
Armes v. Canada (Parole Board) - 1998-05-07
Federal Court Decisionsto the effect that information relating to charges for which a conviction has not been entered is "relevant and reliable information and that its use in a detention hearing does not breach the respondent's duty to act fairly" provided the information is sufficiently specific to enable to the applicant to prepare his case. [...] [6] Subsection 135(9.1) deals with the situation in which a parolee is convicted of and incarcerated for a subsequent offence.
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6,661.
Hai v. Canada (Citizenship and Immigration) - 1997-05-16
Federal Court DecisionsIt also appears that the visa officer committed a breach of her duty of fairness in the manner in which she conducted the interview in that she did not apprise the applicant of her concerns over his experience in relation to his intended occupations. [...] These errors made by the visa officer are sufficient to warrant the intervention of this Court, without the necessity of dealing with the applicant's further argument concerning the assessment of his personal suitability by the visa officer.
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6,662.
Harding v. The Queen - 2022 TCC 3 - 2022-01-11
Tax Court of Canada JudgmentsThe premiums were never reimbursed to BBH Ltd. The parties agree that the Appellant did not deal at arm’s length with the beneficiaries. [...] [12] In this case, it is not disputed that the Appellant was not dealing at arm’s length with BBH Ltd. and further, it is admitted that the Appellant did not deal at arm’s length with the beneficiaries of the insurance policies. [...] Keeping in mind that they contain a significant amount of hearsay, I think it is fair to summarize them as providing evidence that Mr. McCain was involved in trying to get information about the insurance policies in 2015 and 2016.
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6,663.
1594418 Ontario Inc. v. Canada (National Revenue) - 2021 FC 157 - 2021-02-17
Federal Court DecisionsThis is to prevent a multiplicity of proceedings: where Parliament decides that an appeal from a particular decision is to be heard by another court, there is no reason for the Federal Court to deal with it. [...] While it may be fair to assume that most taxpayers launch challenges to their income taxes seeking to pay less, the fact that the Applicant here has attempted to file returns to lower its taxes owing for the relevant years is not a determinative consideration regarding the question of jurisdiction. [...] The Applicant was advised of this by letters dealing with each taxation year, dated June 4, 2013.
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6,664.
Prairielane Holdings Ltd. v. The Queen - 2019 TCC 157 - 2019-07-26
Tax Court of Canada Judgments[8] In 2007 the partnership sought professional advice to ensure they were properly dealing with these issues. [...] · be able to deal with their concerns about Mr. Moody continuing to be a partner. [...] · be able to deal with their concerns about Mr. Moody continuing to be a partner.
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6,665.
Virani v. Canada (Public Safety and Emergency Preparedness) - 2017 FC 1083 - 2017-11-30
Federal Court DecisionsOfficers should carefully consider the consequences of writing or not writing a report given that their decision may have an impact on possible future dealings with the person. [...] In essence, it is important for the officer to seriously consider whether the information might be important for future dealings with the person and to weigh the longer-term consequences of not doing so. [...] That is the only fair reading of the section 44 report and the ex post facto communication April 19, 2017.
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6,666.
Lawson v. The Queen - 2017 TCC 131 - 2017-07-06
Tax Court of Canada JudgmentsSo, should the CRA, in their request, provide the option to the taxpayer to submit only the portions of the agreement dealing with support? [...] [13] Mr. Lawson concludes that this behaviour is not a full, frank and fair disclosure, in violation of sections 1 and 8 of the Charter. [...] The provisions dealing with Spousal Support and the Division of Property contained in the Separation Agreement shall remain in full force and effect.
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6,667.
Alagaratnam v. Canada (Citizenship and Immigration) - 2017 FC 381 - 2017-04-19
Federal Court DecisionsThe Officer found that the materials did not suggest signs of growth in anti-Christian sentiment beyond fairly isolated examples of physical harm. [...] But, in my view, this debate is of no moment where we are dealing with decisions that are the product of “fettered discretions.” The result is the same. [...] [29] The Applicant argues that the Officer’s decision does not meet the standard set forth by the Supreme Court in Kanthasamy because it failed to properly identify and define the children’s best interests and examine them with a great deal of attention in light of all the evidence.
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6,668.
Gatien v. Canada (Attorney General) - 2015 FC 543 - 2015-04-27
Federal Court Decisions[33] The applicant then went on reviewing Fidler, Honda, Tipple and Mulvihill v Ottawa (City), 2008 ONCA 201, 90 OR (3d) 285, arguing that the employer has an obligation of good faith and fair dealing in the manner of termination. [...] I will deal with them separately. [45] First, pertaining to the aggravated and mental suffering damages not being available in disciplinary actions, I agree with the respondent that the Board did not err in law because it did not make such a finding. [...] The amount is to be fixed according to the same principles and in the same way as in all other cases dealing with moral damages.
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6,669.
Abi-Mansour v. Canada (Passport) - 2015 FC 363 - 2015-03-23
Federal Court Decisions[9] Finally, the Applicant claims that Prothonotary Tabib’s order is a form of retaliation resulting from tensions arising between them in file T-550-13 and that, as a result, he was not afforded a fair hearing. [...] b. Because of personal and health related reasons, he is no longer capable of working on his court files, which require of him a great deal of time and effort, to write court pleadings when he comes home from work (Applicant’s affidavit, at para 8-10); [...] d. He may not have time to even think of the present file before the end of January 2015 as he might travel overseas for a few weeks in December and January to deal with a family matter (Applicant’s affidavit, at para 11); and
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6,670.
Manitoba v. Canadian Copyright Licensing Agency (Access Copyright) - 2013 FCA 91 - 2013-04-03
Federal Court of Appeal DecisionsIt also provides user rights such as fair dealing and specific exemptions that enable the general public or specific classes of users to access protected material under certain conditions. [...] It deals with the rights attached to copyrighted works, the owners, and the duration of said copyright. [...] [40] For my first illustration I will use one of the exceptions dealing with educational institutions.
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6,671.
Emond v. The Queen - 2012 TCC 304 - 2012-08-24
Tax Court of Canada JudgmentsAfter all, if the Minister of National Revenue is not bound by deals his officials make with taxpayers (Cohen v. The Queen, 80 DTC 6250; Consoltex Inc. v. The Queen, 97 DTC 724; cf. [...] It was unquestionably a convenient solution to a somewhat perplexing problem and it enabled him to achieve a fair result. [...] (c) the Walker case dealt with income inclusion and this case deals with deductibility in which the rules are different.
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6,672.
H. Paulin & Co. Ltd. v. A Plus Freight Forwarder Co. Ltd. - 2009 FC 727 - 2009-07-16
Federal Court DecisionsH. Paulin continued to deal with its suppliers on not quite a C.I.F. or F.O.B. basis. [...] [15] The business between H. Paulin and A Plus was fairly high volume, with as many as 20 containers shipped per month. [...] [27] This case deals with the bill of lading, a venerable document with centuries of use in the transportation of goods.
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6,673.
Ehrhardt v. The Queen - 2008 TCC 112 - 2008-02-20
Tax Court of Canada JudgmentsThe Appellant also challenged the accuracy of the assessment which I will deal with before the conclusion of these Reasons. [...] This negotiation will require the authority of the shareholders to bind them to whatever deal can be found by the negotiating partner with a minimum goal of relieving shareholders from secured creditors. [...] My decision does not encompass the matter of fairness among the partners.
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6,674.
Soe v. Canada (Citizenship and Immigration) - 2007 FC 671 - 2007-06-26
Federal Court DecisionsThe issue here is whether the term as used in the Immigration Act is sufficiently certain to be workable, fair and constitutional. [...] [27] The Applicant argues that section 34(1)(c) of the IRPA must deal with matters beyond the Criminal Code, as section 36 of the IRPA already deals with criminal inadmissibility. [...] There are also specific provisions in the Criminal Code which deal with organized crime.
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6,675.
Bauer Nike Hockey Inc. v. Easton Sports Canada Inc. - 2006 FC 1084 - 2006-09-11
Federal Court Decisions[9] I shall deal first with Bauer’s motion, then with Easton’s. I. Bauer's Motion [...] [11] I shall deal with the remedies sought by Bauer in the order in which they are introduced above. [...] [46] Question R-177 (or perhaps R-178) deals partially with Easton’s estimated market share in 2005.