11,315 result(s)
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6,676.
Putjotik Fisheries Ltd. v. Mersey Viking (Ship) - 2006 FC 491 - 2006-04-18
Federal Court DecisionsI am also a fisherperson who spends a great deal of time at sea. These factors have at times made it difficult for me to prepare documents and schedule discoveries. [...] After all, the Court is then dealing with a case that is delinquent for the second time. [...] [41] As demonstrated earlier, as early as mid February 2005, it is fair to consider that it was a foregone conclusion between the parties that the Plaintiffs' affidavit of documents had to include, inter alia, the requested documents.
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6,677.
Teleglobe Canada Inc. v. R. - 2002 FCA 408 - 2002-10-25
Federal Court of Appeal Decisions(i) property of a person who immediately before the exchange did not deal with the corporation at arm's length within the meaning of that term in the Income Tax Act, or [...] before the exchange or that, because of the exchange, did not deal with the corporation at arm's length [...] [30] Notwithstanding the fact that New Teleglobe and Old Teleglobe were not at arm's length, this was a single transaction negotiated between parties who were dealing at arm's length,
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6,678.
Aliments Dorchester Inc. (Exceldor Coopérative Avicole) v. Canada (Foreign Affairs and International Trade) - 2002 FCA 286 - 2002-07-04
Federal Court of Appeal Decisions12. 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. [...] [27] Paragraph 2(1)(f) deals with the right of an applicant who is a processor to an allocation. [...] [28] Paragraph 2(1)(g) deals with the right of an applicant who is a distributor to an import allocation.
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6,679.
Bouchard v. M.N.R. - 1998-09-23
Tax Court of Canada Judgments(v) the appellant was not dealing with the payer at arm's length; (D) [...] (w) only non-arm's-length dealing can explain the working conditions the appellant enjoyed. [...] The judge may fairly quickly determine whether or not he can believe a witness.
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6,680.
Grigg v. The Queen - 1998-08-24
Tax Court of Canada JudgmentsMr. Grigg repeated that the "deal" between him and the Bank was that the Company would have a $20,000 operating line of credit with a zero balance in its account. [...] [53] Robertson J.A. categorized the reported cases into two categories: those that deal with "inside directors" and those that deal with "outside directors" At page 263 (5416-17), he states: [...] Tests have been developed, refined and repeated in order to give the process the appearance of rationality and objectivity but ultimately the judge deciding the matter must apply his own concepts of common sense and fairness.
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6,681.
Wapass v. Thunderchild Band Council - 1997-11-25
Federal Court Decisionse) Demonstrate and practice fairness, honesty, courage, honour, respect, justice and display acceptable conduct at all times. [...] It did not deal with the continuing capacity of those over 65 to remain in office. [...] There are no provisions dealing with the situation where an elected member, through no fault of his or her own, is unable to meet the requirement.
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6,682.
Canada Moon Shipping Co. Ltd. v. Companhia Siderurgica Paulista-Cosipa - 2012 FCA 284 - 2012-11-08
Federal Court of Appeal Decisions[15] The Prothonotary does not deal expressly with the position of Canada Moon per se. [...] The learned author adds that “[t]his solution seems fair and reasonable pending Canada’s possible eventual transition from the Hague-Visby Rules to the Hamburg Rules.” [...] [105] It is not necessary to deal with the other arguments raised by Canada Moon.
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6,683.
Rowe v. Canada (Attorney General) - 2023 FC 1282 - 2023-09-25
Federal Court Decisions[13] The Applicant appealed this decision, arguing that the Board breached the duty of procedural fairness by rendering an unreasonable decision based on incomplete information. [...] Duty to Act Fairly: Duty to Provide Sufficient Reasons Reasonableness of the Decision [...] The AD indicated it could not deal with the Applicant’s complaints about how his case had been managed by CSC officials, and directed him to possible avenues of redress.
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6,684.
9616934 Canada Inc. v. Canada (Heritage) - 2023 FC 432 - 2023-04-03
Federal Court DecisionsDid the Minister breach his duty of procedural fairness in handling these applications? [...] [30] In fact, according to the synopsis provided by the applicant, the Production [translation] “is a new general knowledge quiz that is both fun and educational, with each episode dealing with the life and times of a real historical or contemporary figure”. [...] C. Did the Minister breach his duty of procedural fairness in handling these applications?
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6,685.
Lauzon v. Canada (Attorney General) - 2019 FC 245 - 2019-02-28
Federal Court DecisionsA. Was the SAC’s decision on standing: a) reasonable and b) procedurally fair? [...] The Act is designed for expeditiously dealing with grievances that are affecting the Applicant directly. [...] [61] In Yu, Justice Simpson held that the matter was not a case that attracts a high level of procedural fairness.
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6,686.
Huang v. Canada (Citizenship and Immigration) - 2013 FC 576 - 2013-05-29
Federal Court Decisionsi. breaching the principles of procedural fairness in handling her case; [...] A. Did the citizenship judge breach the principles of procedural fairness in handling Ms. Huang’s case? [...] I will deal with Ms. Huang’s submissions in this regard below, as this aspect of the citizenship judge’s analysis overlaps with her assessment of the fourth Koo factor.
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6,687.
Baribeau v. The Queen - 2011 TCC 544 - 2011-12-05
Tax Court of Canada Judgments[7] In this case, it is appropriate to deal with the following matter: whether the appellants met their initial onus of “demolishing” the assumptions underpinning the Minister’s assessment. [...] To permit the respondent to rely for the first time at trial on a brand new basis of disallowance would violate a fundamental rule of procedural fairness. . . . [...] [53] According to the decision in Rijonta, cited with approval in Adler, procedural fairness requires that I dismiss the respondent’s argument raised for the first time in argument.
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6,688.
Canada v. Lehigh Cement Limited - 2011 FCA 120 - 2011-03-31
Federal Court of Appeal Decisions12. [...] It is not in the interests of fairness or efficiency for the respondent to resist answering the question on grounds of principle. [...] [16] In my view, the Judge’s reasons, read fairly, fall well short of a finding of fact that the disputed documents either led directly to the Crown’s position on the appeal or provided the support for the assessment. [...] The memorandum was produced in response to a request that the Crown provide “all correspondence and memoranda within head office, the district office, and between head office and the district office, giving instructions or dealing with their advisement on the GAAR issue.”
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6,689.
Cinémas Guzzo Inc. v. Canada (Attorney General) - 2005 FC 691 - 2005-05-13
Federal Court DecisionsWith regard to the report, the applicant states that the Bureau was obliged to provide it with a copy and that the Bureau's refusal to do so was a breach of its duty to act fairly. [...] The decision remains an administrative one if it deals with considerations of the collective good of the community as a whole, rather than with the rights of the parties to the dispute. [...] [45] In the present case, the Commissioner's decision to discontinue the inquiry was discretionary, and the duty of fairness was minimal.
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6,690.
Kazi v. Canada (Minister of Citizenship and Immigration) - 2003 FC 948 - 2003-08-01
Federal Court DecisionsThe lack of proper notice is a breach of the rules of natural justice or fairness. [...] Duty to act fairly [27] The applicant also submits that he was not treated fairly. [...] An appreciation of the concerns underlying transitional law provides a sound basis for dealing with transitional issues in a coherent and functional way.
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6,691.
Parmar v. Canada (Minister of Citizenship and Immigration) - 1997-11-12
Federal Court DecisionsIn these respects it is urged that the applicant was denied procedural fairness. [...] The consultant's estimate of points to be assigned did not match the figure determined by the visa officer, but that is not a basis for arguing a violation of procedural fairness. [...] There was in my view no procedural unfairness in this respect in the process followed by the officer dealing with the application.
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6,692.
Joncas v. The Queen - 2001-01-03
Tax Court of Canada JudgmentsMoreover, he said, Philippe Labadie testified that he had consulted his accountant, who assured him that the formula yielded a fair and reasonable price for the transaction. [...] [129] Paragraph 251(1)(a) of the Act provides that related persons are deemed not to deal with each other at arm's length. [...] On the basis of that presentation of the facts, it may certainly be inferred that the discussions or negotiations could not have been very elaborate and that the advice given by Mr. Maltais to Mr. Labadie must have been fairly brief.
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6,693.
Archibald v. Canada - 1997-04-11
Federal Court DecisionsAside from any guarantee of in the Bill or the Charter, there is no requirement of Canadian constitutional law that a compulsory taking of property be effected by a fair procedure or that it be accompanied by fair compensation to the owner. [...] [footnote omitted] Section 1(a) of the Canadian Bill of Rights undoubtedly imposes a requirement of a fair procedure, and may also impose a requirement of fair compensation. [...] No form of economics, laissez-faire or otherwise, is part of the Constitution.
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6,694.
Hoffman v. Canada (Attorney General) - 2023 FC 1103 - 2023-08-14
Federal Court DecisionsThe Final Authority concluded that there were errors in the earlier process that had denied Corporal Hoffman procedural fairness, but that they had been remedied through a review of the matter by a higher authority. [...] Given that, in Corporal Hoffman’s view, the remedial measures were excessive, unreasonable, unfair, and used as an improper substitute for a fair, impartial and transparent process - the only reasonable outcome in the present circumstances is for this Court to quash the impugned remedial measures. [...] This Court, in the Respondent’s view, should defer to the knowledge and expertise of the Canadian Forces decision-makers in their choices of processes to deal with allegations of misconduct where the investigation did not reveal criminal wrongdoing.
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6,695.
Doussot v. The King - 2023 TCC 26 - 2023-05-25
Tax Court of Canada Judgments[8] Rule 172(2) deals with the reopening of appeals following a decision in exceptional circumstances. [...] 33 La Cour a compétence pour décider si une entente entre le fisc et un contribuable qui établit la manière dont un contribuable doit faire l'objet d'une nouvelle cotisation est applicable, elle a compétence pour ordonner l'établissement de nouvelles cotisations conformes aux ententes en l'absence de circonstances viciant [...] 34 Dans University Hill, la Cour d'appel fédérale s'est dite d'accord avec la décision antérieure dans Galway c. Ministre du Revenu national [1974] 1 CF 600, qui portait sur les jugements par consentement, et dont les principes s'appliquent également aux ententes de règlement que notre Cour doit faire appliquer, en
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6,696.
AB v. Canada (Citizenship and Immigration) - 2021 FC 714 - 2021-07-07
Federal Court DecisionsI will deal with each issue in turn. A. Did the officer err in concluding that the applicants’ interest in remaining in Canada is temporary in nature [...] The report even specifies that she had a fairly high score on symptoms of anxiety and that the score is [translation] “clinically significant and warrants special attention”. [...] [41] In closing, I would like to add that I do not find persuasive the respondent’s argument that, in the absence of a request for translation of the officer’s reasons and evidence of any prejudice to the applicants, no breach of the duty of procedural fairness has been demonstrated in the circumstances.
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6,697.
Afuah v. Canada (Citizenship and Immigration) - 2021 FC 596 - 2021-06-11
Federal Court Decisions[1] Canada’s embassies, high commissions, and consulates receive a high volume of visa and permit applications and must deal with them quickly and efficiently in the interests of both applicants and the visa office. [...] [5] In Vavilov, the majority of the Supreme Court of Canada noted that principles of fairness dictate when an administrative tribunal will have an obligation to give reasons: Vavilov at paras 76–77; Baker v Canada (Minister of Citizenship and Immigration), [1999] 2 SCR 817 at paras 21–27, 43. [...] Because of this administrative context and the nature of a visa application and refusal, the Court has recognized that the requirements of fairness, and the need to give reasons, are typically minimal: Khan at para 32; Wang at paras 20–22; Yuzer at paras 16, 20; Touré v Canada (Citizenship and Immigration), 2020 FC 932 at
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6,698.
Kean v. Canada (Attorney General) - 2020 FC 423 - 2020-03-25
Federal Court DecisionsThe Applicant does not claim an error of law, and although he said there had been a breach of procedural fairness, he did not provide any specific example of how the Appeal Division had failed to treat him fairly and so I will not discuss this further. [...] The General Division noted that the Applicant had a number of alternative ways to try to deal with this, and this finding is based in the evidence.
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6,699.
Dutka v. The Queen - 2020 TCC 21 - 2020-02-12
Tax Court of Canada Judgments[...] It is not open to the Court to make exceptions to statutory provisions on the grounds of fairness or equity. [...] Case Law that deal with misleading information from the CRA: [27] The complicating factor in the case at hand is the fact that, for reasons that have not been explained, on July 12, 2017 the Applicant received a follow-up letter stating that the CRA was about to review her Notice of Objection. [...] Unfortunately, the deadline for making this Application cannot be ignored on grounds of fairness, even if the fault lies with the CRA: Carlson v The Queen, 2002 DTC 6893 (FCA) at para 13 and Moulton v The Queen, [2002] 2 CTC 2395.
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6,700.
Canada (Public Safety and Emergency Preparedness) v. Berrios Perez - 2019 FC 452 - 2019-04-11
Federal Court DecisionsHe concluded that the Corporation had strict rules, was already dealing with the courts and seemed serious. [...] [11] Issues relating to breaches of the principles of procedural fairness are reviewed on a standard of correctness (Canada (Citizenship and Immigration) v Khosa, [2009] 1 SCR 339 at para 43), while the merits of the decision to order the respondent’s conditional release are reviewed on a standard of reasonableness (Canada [...] [12] First, with respect to the alleged breaches of procedural fairness, it cannot be said that the affidavit of the hearings officer, Valery Naamo, referred to by the Minister, is truly conclusive.