11,315 result(s)
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6,726.
Wu v. Canada (Minister of Citizenship and Immigration) - 1999-07-07
Federal Court DecisionsCounsel, on his behalf, explained that Mr. Wu had "no receipts to show actual sales" and advised that "a lot of his clients buy jewels from him without requesting a receipt because they trust him and in anticipation of getting a 'better deal'." [...] It is argued that the failure to do so constitutes a breach of the rules of fairness. [...] [12] I am not persuaded that a breach of the rules of fairness occurred.
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6,727.
Ruffolo v. The Queen - 1998-08-19
Tax Court of Canada Judgments(c) a person with whom he 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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6,728.
Lam v. Canada (Minister of Citizenship and Immigration) - 1998-07-31
Federal Court DecisionsThe Hong Kong courts must be presumed knowledgeable and competent to deal with such matters. [...] There is no evidence before me to show that it would have been impossible for you to obtain a fair trial.'". [...] There was never an allegation that he could not get a fair trial. Indeed, since he pled guilty it was unlikely that there was a trial.
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6,729.
Astudillo v. Canada (Citizenship and Immigration) - 1997-11-24
Federal Court DecisionsIn an attempt to deal with these concerns, Mr. Astudillo has sought and we submit, a more formal opinion concerning his psychological state. [...] If I am correct in this, and if it is fair to assume that the Minister's delegate gave weight to the Reviewing Officer's memorandum and recommendation, then I conclude that the Minister's delegate, notwithstanding that the CPIC printout, police occurrence reports and Correctional Service report were not directly before her [...] However, in reaching such an opinion, there is a duty of fairness on the respondent that was not met in the process leading to the decision under review.
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6,730.
Canada (Citizenship and Immigration) v. Davis - 1997-06-04
Federal Court DecisionsIt is not suggested that he had other than fair trials leading up to his convictions; that his deportation order was wrong in law or in fact; or that he lacked the opportunity to express his views on all the material submitted to the Minister (other than the "Ministerial Opinion Report" summarizing that material for the [...] It is accordingly implicit in Williams, given the ultimate decision in that case, that the failure to disclose the Ministerial Opinion Report to the person facing deportation does not constitute in itself a violation of procedural fairness, so long as there are no significant facts in the report that do not appear in the [...] The Concise Oxford Dictionary (1990) defines "treatment" as "a process or manner of behaving towards or dealing with a person or thing . . . .
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6,731.
Teklay v. Canada (Public Safety and Emergency Preparedness) - 2024 FC 843 - 2024-06-04
Federal Court DecisionsFirst, they argue that the RPD erred in failing to consider the procedural fairness of the Minister’s delay in filing the application to vacate the Applicants’ refugee status. [...] First, delay may adversely affect the fairness of a proceeding where it impairs a party’s ability to answer a complaint against them. [...] The issue of delay was not raised before the RPD and, as such, I declined to deal with the issue on its merits.
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6,732.
Comartin v. Marsh - 2024 FC 160 - 2024-01-31
Federal Court DecisionsIt remains however, that “For a case to be allowed to move forward, there must be a fair prospect (usually within the framework of case management) that the plaintiff is intent on bringing the case to its end and has the means to do so. [...] It is necessary only to note that it is uncontroverted that Ms. Comartin was dealing with very challenging personal issues. [...] However, it does not allow me to sufficiently conclude that there is a fair prospect the Plaintiffs are intent on bringing this action to an end.
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6,733.
Riddle v. Canada (Citizenship and Immigration) - 2022 FC 942 - 2022-06-22
Federal Court Decisions[5] In their written memorandum in support of this application, the applicants framed the second issue as a question of procedural fairness: “Did the RAD err in finding that the RPD’s questions were not tainted by a faulty or outdated knowledge of country conditions, thus resulting in a breach of procedural fairness? [...] The RAD considered whether the RPD’s questioning may have been based on a faulty or outdated knowledge base which may have tainted the proceeding, and held that it was capable of rectifying the RPD’s error while preserving procedural fairness by considering the issue of state protection in light of the current NDP. The [...] The applicants contend the RAD had a great deal of evidence before it to establish that the reform efforts have not translated into operationally adequate protection—their testimony, various NDP documents they submitted, and other evidence they submitted—all of which the RAD ignored, mischaracterized, or only mentioned in
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6,734.
Barbieri v. The Queen - 2015 TCC 15 - 2015-01-22
Tax Court of Canada JudgmentsMr. Barbieri argues that the property should have been listed at its fair market value. [...] As set out above, in a net worth calculation, assets are listed at their adjusted cost base, not their fair market value. [...] The effect is the same for the purposes of this Appeal, but Mr. Barbieri would be wise not to rely on my decision in this Appeal when dealing with these properties in the future.
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6,735.
Camara v. Canada - 2014 FC 446 - 2014-05-09
Federal Court Decisions[13] For reasons that have not been explained, it took the ERC some four years to deal with Mr. Camara’s grievance, with it finally issuing its recommendations on June 29, 2012. [...] [24] Apart from the question of fairness, Mr. Camara has also argued that the delay in imposing the SPAO order suggests that the order was not necessary to protect the integrity of the RCMP. This really goes to the reasonableness of the Acting Commissioner’s decision to uphold the imposition of the SPAO order, which will be [...] [34] As the party seeking to establish that an administrative delay was such as to result in a violation of procedural fairness, Mr. Camara bears the burden of demonstrating the delay was unacceptable to the point of being so oppressive as to taint the proceedings and cause serious prejudice: Blencoe v British Columbia
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6,736.
Canadian Merchant Service Guild v. Teamsters, Local Union 847 - 2012 FCA 210 - 2012-07-24
Federal Court of Appeal Decisions(i) elle a participé, à titre de témoin ou autrement, à une procédure prévue par la présente partie, ou peut le faire, [...] c) la plainte est adressée au Conseil dans les quatre-vingt-dix jours suivant la date où le plaignant était habilité au plus tôt à le faire conformément aux alinéas a) et b). [...] The Board noted that these subsections did not apply to breaches of sub-paragraph 95(i)(i) of the Code; and since it found that the complaint was justified under that sub-paragraph, there was no need to deal with the timeliness issue: Decision at paras. 19 to 21 and 23.
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6,737.
Gordillo Munoz v. Canada (Citizenship and Immigration) - 2012 FC 227 - 2012-02-20
Federal Court Decisions[13] The applicants first raise an issue of procedural fairness which “is reviewable on the standard of correctness” (see Ghirmatsion v Canada (Minister of Citizenship and Immigration), 2011 FC 519 at para 51). [...] It consists of asking whether an informed person, viewing the matter realistically and practically, having thought the matter through would conclude that it is likely that the decision maker failed to determine the matter in a fair manner (see Committee for Justice and Liberty et al. v National Energy Board, [1978] 1 SCR [...] Given these circumstances, there is no need for the Court to deal with the other grounds raised by the applicants.
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6,738.
Humphrey v. The Queen - 2006 TCC 168 - 2006-03-16
Tax Court of Canada JudgmentsThis bulletin deals with the treatment of those amounts in the hands of the recipient, and also covers cash or property received as a result of extortion, blackmail, bribery or other similar acts. [...] The cash or fair market value of property received will be added into the recipient's income in the year of receipt. [...] It must, however, be applied with a measure of common sense and fairness.
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6,739.
Santos v. Canada (Minister of Citizenship and Immigration) - 2004 FC 937 - 2004-06-30
Federal Court Decisions[16] In relation to the implausibility finding of the Board on the issue of the applicant having been in Caluquembe, the applicant has demonstrated that the Board's decision was made perversely and in violation of the rules of procedural fairness. [...] [22] The applicant also argued that the Board member did not indicate to him any concerns about lack of security features with his letter from his bank employer, resulting in another breach of the rules of procedural fairness. [...] In failing to do this, the Board breached the duty of fairness owed to the applicant.
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6,740.
Sian v. Canada (Minister of Citizenship and Immigration) - 2003 FC 1022 - 2003-09-03
Federal Court Decisions[31] The applicant submits the adjudicator failed to observe the principles of natural justice, procedural fairness and other procedures that he was required by law to observe. [...] 2. Did the adjudicator fail to observe the principles of natural justice, procedural fairness and other procedures that he was required by law to observe? [...] [43] Because of my ruling on the above issue, it is not necessary that I deal with the remaining issues.
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6,741.
Lindo v. Royal Bank of Canada - 1999-01-25
Federal Court DecisionsAs the decision of the Court will deal only with the grounds of review invoked by the respondent, the relevance of the documents requested must necessarily be determined in relation to the grounds of review set forth in the originating notice of motion and the affidavit filed by the respondent. [...] (a) the Commission failed to observe principles of natural justice and procedural fairness which would require it to allow the applicant to know the case being raised against her in defence, in full, and to provide an opportunity to make full answer to it. [...] The Commission failed to give a fair opportunity to the applicant to correct or contradict relevant statements that were prejudicial to her view.
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6,742.
Canada (Attorney General) v. Patricia - 1996-11-12
Federal Court Decisions3. the Tribunal failed to observe a principle of procedural fairness or natural justice by relying on a decision of another Canadian Human Rights Tribunal rendered subsequent to the closing of the CAF case in this matter without providing the CAF, through its counsel, with the opportunity to make submissions or provide [...] Finally, counsel argued that the Tribunal did not fail to observe a principle of procedural fairness or natural justice in relying on the decision of another Tribunal, issued after the case on behalf of the CAF had been closed, without giving notice of its intention to do so and providing the Applicant an opportunity to [...] The majority commenced its review of the "case law" by quoting from Etobicoke ... passages which deal with the definition of bona fide occupational requirement and with the evidence that an employer must lead in order to justify a BFOR in the interest of public safety.
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6,743.
O’Grady v. Canada (Attorney General) - 2017 FC 167 - 2017-02-10
Federal Court DecisionsThat section deals with public disclosure of information obtained by a census 92 years after it has been taken. [...] [84] This section only deals with what is to happen to information 92 years after the census is taken. [...] Consequently, the parties should make fairly detailed cost submissions in writing and I will deal with costs in a supplemental order.
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6,744.
Richmond v. Canada (Attorney General) - 1997-03-26
Federal Court of Appeal DecisionsThose enactments seek, to the extent that it is reasonable, to provide equity or fairness in the workplace to persons of all religions, races and nationalities. [...] Fairness in the workplace is the desire of all. It is a magnificent goal that is worth striving to attain. [...] More likely than not the issue will be dealt with fairly in a collective agreement.
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6,745.
Bruzzese v. Canada (Public Safety and Emergency Preparedness) - 2016 FC 1119 - 2016-10-06
Federal Court DecisionsIn many other instances the Board found it necessary to control interruptions by counsel or to deal with other troubling behavior. [...] My public duly is to sit and continue to sit fairly and impartially and see this trial to its conclusion. [...] I am confident that can be done in an atmosphere of goodwill, of fairness and impartiality.
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6,746.
Pfizer Canada Inc. v. Canada (Minister of Health) - 2006 FC 1471 - 2006-12-07
Federal Court DecisionsThirdly, the selection must be in respect of a quality of a special character which can fairly be said to be peculiar to the selected group. [...] [50] I propose to deal with these propositions in the reverse order. [...] Novopharm must allege in the NOA that this data is flawed or else the Court cannot deal with it.
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6,747.
Idada v. Canada - 2010 FC 218 - 2010-05-21
Federal Court DecisionsHe did clearly recall his dealings with the most significant officials. [...] He testified that he had no recollection of having had any dealings with the plaintiff. [...] [33] Officer Kostovski had some recollection of his dealings with Mr. Idada on March 3, 2002.
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6,748.
Beth McMorran O/A McMorran & Associates - 2002-10-21
Tax Court of Canada JudgmentsIt can be fairly said that all the Workers are in the same situation. [...] She felt she had a great deal of discretion in how she presented any particular product. [...] [84] Chance of Profit – Risk of Loss: I deal with these two factors under the same heading.
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6,749.
Benito v. Immigration Counsultants of Canada Regulatory Council - 2019 FC 1628 - 2019-12-18
Federal Court Decisions[24] For completeness, I will nonetheless deal with the Applicants’ substantive arguments in support of their applications for judicial review. [...] [40] Whether a decision is procedurally fair must be determined on a case-by-case basis. [...] To the contrary, the Applicants had a fair and just process and I conclude that they knew the case they had to meet and had a full and fair chance to respond.
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6,750.
Canada (Attorney General) v. Canada (Information Commissioner) - 2004 FC 431 - 2004-03-25
Federal Court Decisions(a) notes of the Minister's dealings with his responsibilities in respect of the Department of National Defence; [...] (b) notes of the Minister's dealings with other Ministers and his responsibility as a member of the Cabinet; [...] These cases deal generally with the protection of cabinet confidences and cabinet solidarity.