11,309 result(s)
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651.
Canadian Museum of Civilization v. Public Service Alliance of Canada - 2014 FC 247 - 2014-03-13
Federal Court Decisions[40] Questions of procedural fairness are to be reviewed on a standard of correctness (Canada (Citizenship and Immigration) v Khosa, 2009 SCC 12, at para 43 (Khosa)). [...] [62] I find there was no breach of procedural fairness as the April 15, 2011 submissions by CMCC were considered by the Commission. [...] Unless this decision was unreasonable or there was a breach of the duty of fairness then the Court will not interfere.
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652.
Sumaida v. Canada (Citizenship and Immigration) - 2018 FC 1134 - 2018-11-13
Federal Court DecisionsAn Arab collaborating with Israel’s spy service, Sumaida has said, was “akin to a Jew working for the Gestapo.” Nevertheless, his double-dealing satisfied an appetite for intrigue and money. [...] When the Mukhabarat became suspicious that he was dealing with the Mossad, Sumaida “confessed” that he was framed into working for the Israelis. [...] that if you intend to impeach a witness you are bound, whilst he is in the box, to give him an opportunity of making any explanation which is open to him; and, as it seems to me, that is not only a rule of professional practice in the conduct of a case, but is essential to fair play and fair dealing with witnesses.
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653.
Dal A.S. Brickenden v. Canada customs and revenue agency - 2003 FC 929 - 2003-07-29
Federal Court DecisionsThe 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 [...] We are dealing with the Applicant individual's stress caused by his wife's sickness in addition to the other problems he was going through. [...] The purpose of enacting the fairness legislation, of which subsection 220(3.1) of the ITA and subsection 281.1(1) of the ETA form part of, was to allow for a degree of flexibility and discretion in dealing with taxpayers who are unable to meet the deadlines or comply with the rules as set out in the ITA and the ETA.
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654.
MTS Inc. v. Eadie - 2014 FC 61 - 2014-01-17
Federal Court DecisionsThe Commission received submissions on this point from Mr Eadie and from MTS. On June 17, 2009, it upheld its decision to deal with the complaint, this time providing as the reason its view that any CRTC proceedings “will not be able to deal with all of the human rights issues that are in dispute.” [...] (3) Thoroughness and Fairness [34] The applicant also argues that because thoroughness is an aspect of the duty to conduct a fair investigation that it comports a standard of review of correctness, relying on the oft-cited decision of Slattery v Canada (Human Rights Commission), [1994] 2 FC 574 (TD) [Slattery] to that [...] (5) Essential Character of the Dispute and Nature of the Procedure to Deal with it
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655.
Atwell v. Canada (Minister of Citizenship and Immigration) - 2000-10-24
Federal Court DecisionsHugessen J. held that there was a breach of the duty of fairness because two reports, on which the Minister relied, were not disclosed to the applicant. [...] This may be easy in some cases where the decision is patently perverse, patently unlawful as dealing with matters outside the jurisdiction of the decision maker, or explicable only on the assumption of bad faith. [...] Therefore, I cannot agree with Gibson J.'s analysis and application of L'Heureux-Dubé J.'s reasoning in Baker, a case dealing with an H & C application, to cases dealing with danger opinions.
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656.
Tippet-Richardson Limited v. Lobbe - 2013 FC 1258 - 2013-12-18
Federal Court DecisionsThe Procedural Fairness Arguments [47] TRL advances three arguments that it says relate to the fairness of the proceedings before the adjudicator. [...] [56] I will deal with the alleged failure of the adjudicator to make reference to certain evidence when I address the reasonableness of the decision. [...] [59] TRL raises two additional arguments which it characterizes as issues of procedural fairness.
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657.
Adams v. Canada (Attorney General) - 2003 FCT 99 - 2003-01-29
Federal Court DecisionsHe says that the refusal of the first Appeal Board to allow him to cross examine Donna O'Driscoll further breached his right to procedural fairness. [...] (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe; [...] The Court can deal only with the issues raised by the application for judicial review that is now before it and that relates to the decision of the second Appeal Board.
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658.
Connolly v. The Queen - 2016 TCC 139 - 2016-06-02
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 [...] (d) 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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659.
Schmit v. Canada (Attorney General) - 2016 FC 1293 - 2016-11-22
Federal Court DecisionsIl ne le savait pas, -- Je ne sais pas ce que vous vouliez faire avec cela. [...] [...] [...] (i) is in possession of, or deals in, contraband; i) est en possession d’un objet interdit ou en fait le trafic; [...] (j) without prior authorization, is in possession of, or deals in, an item that is not authorized by a Commissioner’s Directive or by a written order of the institutional head;
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660.
Productions GFP (III) Inc. v. Canada (Attorney General) - 2019 FC 1613 - 2019-12-17
Federal Court Decisions[11] The applicant, GFP, is a production subsidiary of Groupe Fair-Play Inc. (Fair-Play), a television production company. [...] I will deal with them together, in the summary of the parties’ positions and in the analysis. [...] , Family Feud, Let’s Make a Deal, Deal or No Deal, American Gladiators, Wipeout, Fear Factor, The Singing Bee, The Dating Game, Des chiffres et des lettres, Tout le monde veut prendre sa place.
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661.
Apotex Inc. v. Pfizer Inc. - 2017 FCA 201 - 2017-10-02
Federal Court of Appeal DecisionsSince 1869, Parliament has used precise wording when it intended to deal with matters that could void a patent. [...] [65] Section 53 first deals with untruth in the application (petition). [...] DES PERSONNES QUI PEUVENT SE FAIRE BREVETER Residents of Canada during one year, may obtain Patents for their own discoveries and inventions
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662.
Navaneethan v. Canada (Citizenship and Immigration) - 2015 FC 664 - 2015-05-21
Federal Court Decisionsi. Did the Member breach the requirements of procedural fairness and natural justice? [...] It is required to deal with all proceedings before it as informally and quickly as the circumstances and the considerations of fairness and natural justice permit (s 162(2)). [...] We are dealing here with the powers of an administrative tribunal in relation to its procedures.
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663.
Canadian Standards Association v. P.S. Knight Co. Ltd. - 2016 FC 294 - 2016-03-08
Federal Court Decisionsii. because the reproduction is a fair dealing? D. What, if any, remedies should be granted to CSA? [...] D. Does Knight have a defence (1) because of a Licence, or (2) because the Knight Code reproduction is fair dealing? [...] (2) Fair Dealing [58] Knight also submits it is entitled to the defence of fair dealing.
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664.
Tywriwskyi v. Canada (Attorney General) - 2004 FC 542 - 2004-04-07
Federal Court Decisions[5] By letter dated June 21, 2000, the applicant requested a second level fairness review of his case. [...] After reviewing its dealings with the applicant, interest was cancelled for three different periods between October 1999 and December 2001. [...] 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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665.
Hutton v. Fenbrook Institution - 2002 FCT 1198 - 2002-11-19
Federal Court Decisions[9] The investigation into the allegations of sexual predation and drug dealing did not yield evidence to support the allegations. [...] [20] The Respondent argues that the security classification and involuntary transfer were procedurally fair. [...] [23] The involuntary transfer, according to the Respondent is also subject to the duty to act fairly.
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666.
Paulin v. Canada (Attorney General) - 1998-10-09
Federal Court Decisions1) Did the Commission fulfil its duty of procedural fairness with respect to the applicant"s complaint? [...] This very thorough 10-page report deals with the applicant"s psychological symptoms. [...] Given the RCMP deals with this man in a reasonable and compassionate manner, I see no reason why he cannot be returned to duties.
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667.
5119235 Manitoba Inc. v. M.N.R. - 2011 TCC 494 - 2011-10-20
Tax Court of Canada Judgments... (i) employment if the employer and employee are not dealing with each other at arm's length. [...] And there was a period of time between when Anita left and Leaette was hired where they probably worked a fair amount of overtime. [...] I mean in all fairness, in my restaurant over 18 years, I believe I've had two complaints head office complaints.
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668.
Sing v. Canada (Citizenship and Immigration) - 2007 FC 361 - 2007-04-05
Federal Court DecisionsFirst, they say this Court should order a trial to deal with the PRRA application itself. [...] I shall deal with these two issues in the same section of these reasons, as they are closely related. [...] f) Fair Trial [144] The Lais argue that the PRRA officer never concluded, on a balance of probabilities, whether they would receive a fair trial in China.
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669.
Madsen v. Canada - 2006 FCA 46 - 2006-02-01
Federal Court of Appeal Decisions(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 [...] 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.
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670.
Tsleil-Waututh Nation v. Canada (Attorney General) - 2018 FCA 153 - 2018-08-30
Federal Court of Appeal DecisionsHowever, the existence of a duty of fairness does not determine what fairness requires in a particular circumstance. [...] At this stage, Burnaby deals with this as an issue of procedural fairness. [...] The duties of consultation and, if required, accommodation form part of the process of reconciliation and fair dealing (Haida Nation, paragraph 32).
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671.
Leung v. Canada (Revenue Agency) - 2008 FC 704 - 2008-06-04
Federal Court DecisionsThe CRA took the position that the Commission ought not to deal with the retaliation complaint on the basis that Mr. Leung should first exhaust internal CRA grievance procedures. [...] On December 14, 2005, after a further submission by Mr. Leung, the Commission accepted the investigator’s recommendation and decided not to deal with Mr. Leung’s complaint at that time. [...] [17] Procedural fairness concerns the manner in which the investigation was conducted.
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672.
North American Van Lines Canada Ltd. v. Canada (Director of Investigation and Research, Competition Act) - 1997-10-07
Federal Court DecisionsI will deal with each category of issues in turn. INTERPRETATION OF ACT [...] (b) Did the Presiding Officer contravene the principles of procedural fairness by holding an in camera hearing. [...] Procedural Fairness With respect to procedural fairness, I would adopt the approach of Décary J.A. in the Krever3 case:
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673.
Canada (Citizenship and Immigration) v. Thamotharem - 2007 FCA 198 - 2007-05-25
Federal Court of Appeal Decisions[28] IRPA emphasises the importance of informality, promptness and fairness in the Board’s proceedings. [...] 162. (2) Each Division shall deal with all proceedings before it as informally and quickly as the circumstances and the considerations of fairness and natural justice permit. [...] Similarly, while rule 25 deals with the intervention of the Minister, it does not specify when the Minister will lead evidence and make submissions.
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674.
Peterkin v. Toronto Dominion Bank TD Canada Trust - 2019 FC 579 - 2019-05-03
Federal Court DecisionsShe argues that while the Commission has broad discretion, its process must be fair. [...] With all due respect, there exists no substantive policy to deal with racism. [...] [29] The question that now arises is how Ms. Peterkin’s Complaint can be fairly determined by the Commission.
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675.
Canada (Citizenship and Immigration) v. Gutierrez - 2015 FC 1198 - 2015-10-23
Federal Court DecisionsThe Respondents submitted that the RPD violated their rights to procedural fairness by admitting documents pertaining to the June 26th Interview which, they alleged, was unfairly and improperly conducted without notice to their counsel of record, and that, in any event, their rights to procedural fairness were breached [...] At the hearing of this application, counsel for the Applicant did not reject (and in fact, accepted) the Court’s suggestion that it might be appropriate to also deal with the merits of the jurisdiction issue. [...] [44] Dehghani involved an examination that was conducted at a port of entry for the purpose of processing an application for entry and determining the appropriate procedures that should be invoked in order to deal with an application for Convention refugee status.