11,315 result(s)
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7,051.
Tomar v. Canada (Attorney General) - 2008 FC 292 - 2008-03-04
Federal Court Decisions[35] The Applicant further submitted that he was disadvantaged in his dealings with HRDC because his first language is not English. [...] [36] Finally, the Applicant raised a general argument concerning breach of a duty of fairness that was owed to him, in his dealings with HRDC. He submitted that he was not given the opportunity to provide information to support his claim that he had been given erroneous advice. [...] [41] The Respondent also addressed the Applicant’s arguments concerning procedural fairness, arising from the alleged lack of opportunity to render oral and written submissions in support of the review pursuant to section 32 of the Act. The Respondent refutes these submissions and notes that counsel for the Applicant
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7,052.
Homa v. The Queen - 2008 TCC 113 - 2008-02-27
Tax Court of Canada Judgments2. Interpretation Bulletin IT-519R2 discusses the sections of the Income Tax Act that deal with medical expenses as interpreted by the Canada Revenue Agency (CRA). [...] [16] In my view, a parallel can be drawn with the situation in R. v. Sinclair, 2003 FCA 348, a case dealing with the application of section 87 of the ITA. The Federal Court of Appeal stated the following at paragraphs 7 and 8: [...] 95.(1) La personne interrogée au préalable répond, soit au mieux de sa connaissance directe, soit des renseignements qu'elle tient pour véridiques, aux questions légitimes qui se rapportent à une question en litige ou aux questions qui peuvent, aux termes du paragraphe (3), faire l'objet de l'interrogatoire préalable.
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7,053.
Norton v. The Queen - 2008 TCC 91 - 2008-02-08
Tax Court of Canada JudgmentsHe wanted, as I understand it, to deal with the issue of material expectation by creating uncertainty through having the draw combined with the raising of funds. [...] The reality is that every donor in 1996 received a partial reimbursement of their contributions, and it is fair to assume that they expected to receive it. [...] [5] This contract contains a clause dealing with the duration of the agreement, which depended upon the amount raised by JIT. If two million was raised, the contract would be extended to December 1997.
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7,054.
Shoppers Drug Mart Limited v. The Queen - 2007 TCC 636 - 2007-10-11
Tax Court of Canada Judgments[11] The effect of the amendment was to give the holder of the option the right to surrender the option for a cash payment equal to the excess of the fair market value of the share over the option price. [...] It is fair to say that this agreement contemplated significant changes in Imasco’s holdings and share structure. [...] Section 7 does not however deal with the tax treatment of the employer where a payment is made to surrender the option.
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7,055.
Mazda Canada Inc. v. Mitsui O.S.K. Lines Co. Ltd - 2007 FC 916 - 2007-09-14
Federal Court DecisionsI consider the following factors fairly neutral: a. the residence of the parties and their witnesses [...] [43] The defendants will have to deal with the seaworthiness of the Cougar Ace, and the diligence which was exercised to make her so. [...] The Hague-Visby Rules do not deal with jurisdiction. The Hamburg Rules, a convention designed to replace Hague-Visby, do.
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7,056.
Teach and Embrace v. M.N.R. - 2005 TCC 461 - 2005-11-09
Tax Court of Canada Judgments· Tutors should be firm but fair. · Teach & Embrace is not a public institution and, as such, reserves the right to remove any student from any of its programs at any time due to disruptive and/or unruly behaviour. [...] This staff would suggest different methods for dealing with a difficult situation. [...] Among those provisions, we have the following dealing with the interpretation of contracts:
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7,057.
Thanaratnam v. Canada (Minister of Citizenship and Immigration) - 2004 FC 349 - 2004-03-09
Federal Court DecisionsMr. Thanaratnam acknowledges that the Board has a great deal of flexibility in terms of the evidence it may consider. [...] On the one hand, Parliament has established a fairly low evidentiary threshold in this area and has given the decision-maker a good deal of freedom to receive any evidence it considers reliable, whether or not it would normally be admissible in a court. [...] 27. (1) L'agent d'immigration ou l'agent de la paix doit faire part au sous-ministre, dans un rapport écrit et circonstancié, de renseignements concernant un résident permanent et indiquant que celui-ci, selon le cas:
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7,058.
Yaghoubian v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 615 - 2003-05-16
Federal Court Decisionsb) ne possède les compétences voulues pour exercer un emploi dans une profession désignée, et ne soit disposé à le faire [...] (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe; [...] That the visa officer is determining the rights of the applicant as opposed to dealing with a polycentric issue also favours deference being shown by this Court.
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7,059.
Bui c. MCI - 2001 FCT 144 - 2001-03-06
Federal Court DecisionsFurther, the tribunal asked several questions about this dealing with a statement by his spouse, who had mentioned a second visit between July 2 and August 11, 1998. [...] This is a departure from procedural fairness in the case at bar which opens the way to review. [...] The most blatant example of this omission is the fact that the tribunal did not deal with the question of the child's birth.
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7,060.
Davies v. Canada (Minister of Human Resources Development) - 1999-10-07
Federal Court Decisions(b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe; [...] The Board members will, of course, have greater expertise in dealing with the underlying factual subject matter. [...] For example, in the Federal Court of Appeal decisions to which counsel for the respondent referred me, dealing with old Federal Court Rule 1107(1), the following comments are found: Kurniswicz v. Canada (Minister of Manpower & Immigration)(1974), 6 N.R. 225 at 230:
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7,061.
Halford v. Seed Hawk Inc. - 2004 FC 1259 - 2004-09-16
Federal Court Decisions[3] I propose to deal with all three motions at once with one set of reasons. [...] I do not believe that it would be fair to increase costs because the plaintiffs did not value their claim as I might value it. [...] We are obviously past the point of dealing with costs in respect of interlocutory motions.
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7,062.
Markou v. Canada - 2019 FCA 299 - 2019-12-05
Federal Court of Appeal DecisionsIt was land having an uncontested fair market value of $1,935,000 when gifted and an adjusted cost base of $293,820.98. [...] (a) the amount of the advantage does not exceed 80% of the fair market value of the transferred property; or [...] b) le cédant établit à la satisfaction du ministre que le transfert a été effectué dans l’intention de faire un don
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7,063.
Mackay v. Canada (Attorney General) - 1997-04-24
Federal Court DecisionsSecond, the applicant"s right to natural justice and procedural fairness was violated by the VRAB"s decision. [...] Procedural Fairness The VRAB violated procedural fairness when it failed to notify the applicant that he could request an oral hearing. [...] Dasent, supra, can also be distinguished as an immigration case dealing with two separate decisions of immigration officers.
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7,064.
Office of the Superintendent of Bankruptcy v. MacLeod - 2010 FC 97 - 2010-01-28
Federal Court Decisions(c) shall deal with the matters set out in the notice of the hearing as informally and expeditiously as the circumstances and a consideration of fairness permit; and [...] a) peut faire prêter serment; b) n’est lié par aucune règle juridique ou procédurale en matière de preuve; [...] It is useful to reproduce again here those provisions of this subsection dealing with the remedial measures or sanctions available in such circumstances:
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7,065.
Exavier v. Canada (Citizenship and Immigration) - 2024 FC 1240 - 2024-08-08
Federal Court Decisions[17] The reasonableness presumption does not apply to an issue involving a breach of natural justice or the duty of procedural fairness (Vavilov at para 23). [...] In considering issues of procedural fairness, the ultimate question to be answered by a reviewing Court is whether the Applicant knew the case to be met and had a full and fair chance to respond (CPR at para 56). [...] He further conceded that there is no procedural fairness issue here, and on the basis of the submissions filed by the Respondent, the Court will not address that issue.
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7,066.
Hoang v. Canada (Attorney General) - 2016 FC 54 - 2016-01-19
Federal Court Decisions2. Did the Minister fail to meet the requirements of procedural fairness? [...] [15] Moreover, both the purpose of the Act and the nature of the question deal with protecting the public by preventing acts of unlawful interference in civil aviation. [...] B. Did the Minister fail to meet the requirements of procedural fairness?
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7,067.
Karami v. Canada (Citizenship and Immigration) - 2009 FC 788 - 2009-07-30
Federal Court DecisionsThe Applicant says that by coming to such a conclusion without even asking to see the documents in question constitutes a clear breach of procedural fairness and natural justice. [...] Therefore, it was imperative to establishing a fair procedure to allow the Applicant’s input at the interview. [...] [62] Once again, it becomes evident that someone else who was contacted by the Canadian Embassy for verification purposes confirms a great deal of the Applicant’s own account of his employment experience.
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7,068.
Thompson-Blake v. Canada (Public Safety and Emergency Preparedness) - 2008 FC 572 - 2008-05-02
Federal Court Decisions[45] The Respondent deals with the Applicant’s submissions upon the application of international laws as a separate issue, rather than in connection with the interpretation of the Charter. [...] [69] The only issue remaining is the alleged breach of procedural fairness, arising from the absence of reasons for the Officer’s decision. [...] [70] I agree with the arguments made by the Respondent that no breach of procedural fairness occurred.
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7,069.
Espinoza v. Canada (Minister of Citizenship and Immigration) - 1999-03-22
Federal Court DecisionsGuidelines on child refugee claimants issued by the chairperson of the Immigration and Refugee Board after the hearing in this matter but before the date of the decision, go further in a manner that appears to me to make a good deal of common sense. [...] Thus, I am satisfied, the three children, not the applicant, Oscar Francisco Anaya Espinoza, was denied a fair hearing. [...] Thus depriving them of a fair hearing. [46] I dismiss the judicial review application insofar as it relates to the applicant, Oscar Francisco Anaya Espinoza.
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7,070.
Mathias v. Canada - 2000-10-05
Federal Court DecisionsSecond, the honour of the Crown is always at stake in its dealing with Indian people. [...] [533] In order to deal with the Burrard's case, it was necessary to address the following topics: [...] It is also clear that the JIRC considered it essential to deal with those chiefs.
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7,071.
Mahjoub (Re) - 2016 FC 808 - 2016-07-20
Federal Court DecisionsI will refer to this as the “burden of proof” issue and will deal with it shortly. [...] This, he says, weighs in favour of removing all conditions of release as an interim remedy under subsection 24(1) of the Charter for the violation of his right to a fair trial. [...] When they occur, Mr. Mahjoub should deal with the officers of the CBSA and not let the issue become an insurmountable problem.
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7,072.
Street v. Canada (Attorney General) - 2024 FC 670 - 2024-05-03
Federal Court DecisionsThe applicant also submitted that she was deprived of procedural fairness in one recourse process. [...] [52] In Priest, the applicant argued that the IF decision maker did not deal with the essence of his claim related to adverse effect discrimination based on age: Priest, at paras 53-54, 75. [...] B. Was the applicant deprived of procedural fairness in relation to the DR Decision?
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7,073.
Sidhu v. Canada (Citizenship and Immigration) - 2012 FC 515 - 2012-05-03
Federal Court DecisionsThe IAD Breached the Applicant’s Right to Procedural Fairness [65] The Applicant also argues that the IAD breached her right to procedural fairness when it did not put its concerns to her so that she could address them. [...] Its failure to do so is a breach of natural justice and procedural fairness. [...] [84] For example, in paragraph 30 of the Decision, the IAD deals with the photographs as follows:
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7,074.
Canada v. Kilback Stock Farm Ltd. - 2020 FC 981 - 2020-10-19
Federal Court DecisionsSection 5 of the Advance Payment Agreement the deals with default: 5. Default [...] Fairness dictates that this risk not be altered unilaterally by the parties to that contract. [...] [31] There is an overabundance of case law dealing with whether a guarantor has been released by a variation of the loan agreement.
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7,075.
Miller v. Canada - 2018 FC 599 - 2018-06-11
Federal Court DecisionsThe Plaintiff told Dr. Jackson that he started to deal with the Valcartier incident of 1974 “eight years ago”. [...] 24 Dans des poursuites exercées contre lui, l’État peut faire valoir tout moyen de défense qui pourrait être invoqué : [...] a) l’objet de la modification est de faire concorder le document avec les questions en litige à l’audience;