11,315 result(s)
-
7,201.
Thibodeau v. Edmonton Regional Airport Authority - 2021 FC 146 - 2021-02-12
Federal Court DecisionsThis affidavit deals primarily with complaints made by Mr. Thibodeau to the Commissioner. [...] [14] It is also recognized that the person must also “answer all questions upon which he can be fairly expected to have knowledge, without being evasive, which relate to the principal issue in the proceeding upon which his affidavit touches” (Swing Paints Ltd v Minwax Co, [1984] 2 FC 521 at para 19). [...] [35] As the Federal Court of Appeal noted in CBS, an affiant who swears to certain matters should not be protected from fair cross-examination on the very information he volunteers in his affidavit.
-
7,202.
Sher-E Punjab Radio Broadcasting Inc. v. Canada - 2020 FCA 206 - 2020-12-01
Federal Court of Appeal DecisionsGurdial Singh Badh is a real estate agent and he let his brother deal with all of the tax matters for Sher-E-Punjab Radio. [...] A fair reading of these reasons, however, confirms that it was the overall failure of Sher-E-Punjab Radio to pursue this appeal in a timely manner and, in particular, the failure to respond to the undertakings that resulted in the dismissal of the appeal for delay. [...] [40] In any event, as noted above, on a fair reading of the Tax Court Judge’s reasons, the fact that Sher-E-Punjab Radio had not paid the costs that were awarded in the Order dated December 5, 2018 by May 13, 2019, was not a significant factor in dismissing the appeal.
-
7,203.
Service d'administration P.C.R. Ltée v. Reyes - 2020 FC 659 - 2020-06-02
Federal Court Decisions[31] In any event, determining whether a dismissal was fair requires adjudicators to assess all circumstances, as the excerpts from Wilson and Gatineau cited above establish. [...] He carefully considered the facts alleged against Mr. Reyes and concluded that a suspension of no more than a few days would have been fair. [...] The applicant adds that, according to Vavilov, the standard of correctness should apply, since we are dealing with a “jurisdictional dispute” between two administrative bodies.
-
7,204.
Loyer (Succession) v. Canada (Attorney General) - 2019 FC 1528 - 2019-11-29
Federal Court Decisions[5] She also alleges that there was a breach of the rules of procedural fairness because in the Decision, the Delegate did not explain why the Agreement had not been considered, nor did she identify the legislative provisions on which the Decision was based. [...] [32] Citing Telfer, he notes that when the issue is not “squarely presented to a decision-maker, it will be difficult to establish on judicial review that a failure to deal with it in the reasons for decision so deprives the process of ‘justification, transparency and intelligibility’ as to render it unreasonable” (Telfer [...] I find that in the specific circumstances of this case and in the context of applying what is essentially a fairness provision, the failure to do either of these things in the Decision itself or in the recommendation that came before it “deprives the process of ‘justification, transparency and intelligibility’” to use the
-
7,205.
Diallo v. Canada (Citizenship and Immigration) - 2019 FC 773 - 2019-05-31
Federal Court DecisionsI conclude that the decision maker made a decision that is not reviewable because it is neither unreasonable nor subject to review for breach of a rule of procedural fairness. [...] The decision maker notes that she has submitted some documentation in which there are passages dealing with discrimination against women, domestic violence and limited rights for women in the event of a divorce. [...] The applicant also claims that the decision maker violated her right to procedural fairness and such a question requires the application of the standard of correctness (Mission Institution v Khela, 2014 SCC 24, [2014] 1 SCR 502, para 79).
-
7,206.
Atim v. Canada (Citizenship and Immigration) - 2018 FC 695 - 2018-07-05
Federal Court Decisions[84] It is generally recognized that if an applicant wishes to establish a breach of fairness on this ground, he or she must: [...] The burden is on the applicant to establish both the performance and the prejudice components of the test to demonstrate a breach of procedural fairness (Guadron at para 17). [...] Specifically, as the Respondent notes, the Second Lawyer alleged that his illness only precluded him from dealing competently with the Applicant’s file after July 24, 2017, when the appeal record was already well over two weeks late.
-
7,207.
Canada (Ship-Source Oil Pollution Fund) v. Canada - 2017 FC 530 - 2017-05-30
Federal Court DecisionsThis reference deals only with the circumstance where a claimant has accepted the offer. [...] b) le demandeur ne peut plus faire valoir les droits qu’il peut avoir contre qui que ce soit à l’égard des questions visées aux articles 51, 71 et 77, à l’article III de la Convention sur la responsabilité civile et à l’article 3 de la Convention sur les hydrocarbures de soute en ce qui concerne l’événement auquel se [...] a) à faire tenir des documents comptables; b) à mettre en oeuvre, en matière de finances et de gestion, des moyens de contrôle et d’information et à faire appliquer des méthodes de gestion.
-
7,208.
Nguyen v. Canada (Public Safety and Emergency Preparedness) - 2017 FC 225 - 2017-02-23
Federal Court Decisions[16] More recently, in Kampemana v Canada (Public Safety and Emergency Preparedness), 2015 FC 1060 at para 34, [2015] FCJ No 1119 [Kampemana], the Court confirmed that while enforcement officers “must consider the immediate and short-term interests of the children and treat these fairly and with sensitivity”, they “are not [...] [17] The jurisprudence has established that enforcement officers are required to consider the short-term best interests of a child in a fair and sensitive manner (see: Joarder v Canada (Minister of Citizenship and Immigration), 2006 FC 230 at para 3, 146 ACWS (3d) 305; Kampemana at para 34). [...] An enforcement officer cannot be expected to identify and define the short-term best interests of a child and examine those interests in a fair and sensitive manner or with a great deal of attention where the evidence concerning those interests is wanting or, as the Officer reasonably found in this case, insufficient.
-
7,209.
Andonova v. Canada (Attorney General) - 2016 FC 1236 - 2016-11-04
Federal Court Decisions(4) La Commission n’est pas tenue de prendre en compte plus d’une personne pour faire une nomination fondée sur le mérite. [...] Section 66 deals specifically with investigations by the Commission of external appointments: [...] a) révoquer la nomination ou ne pas faire la nomination, selon le cas;
-
7,210.
Canada (National Revenue) v. 684761 B.C. Ltd. - 2016 FC 791 - 2016-07-12
Federal Court Decisions(c) a person with whom the person was not dealing at arm’s length, c) une personne avec laquelle elle avait un lien de dépendance, [...] (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 CRA inquired into the transaction as the fair market value of the property was $475,000.00 but the actual amount paid was $448,750.00.
-
7,211.
Menzies v. The Queen - 2016 TCC 73 - 2016-03-22
Tax Court of Canada JudgmentsAccordingly, this Court does not have jurisdiction to render decisions based on fairness and hence, it may not grant a reduction of the interest charged. [...] It is the usual practice when investments are made as a limited partner that the general partner be given vast powers to deal with the tax authorities on behalf of the limited partners. [...] The real issue in this appeal is the time it took the Minister to reassess the Appellant – fairness is an issue which is not within the jurisdiction of this Court.
-
7,212.
Lewis v. Gitxaala Nation - 2015 FC 204 - 2015-02-18
Federal Court Decisions[22] In addition, an administrative body is always master of its own procedure and is authorized to create a process that is flexible, adapted to their needs and fair (Knight v Indian Head School Division No 19, [1990] 1 SCR 653). [...] [35] The decision is just and fair especially as the unopened ballots were not the only compromised votes. [...] A review of the Certified Tribunal Record (CTR) assures me that the Tribunal took the level of investigation that was fair and reasonable at the time and what was presented as the basis for the appeals.
-
7,213.
Santana v. Canada (Citizenship and Immigration) - 2011 FC 933 - 2011-07-29
Federal Court DecisionsThe police received his complaint but did nothing because the female applicant’s father has a great deal of financial influence in the city. [...] They cannot now complain of a breach of the duty of procedural fairness. [...] [31] The Court cannot agree with the applicants’ argument that there was a breach of the principles of procedural fairness because their counsel did not have the opportunity to explain why she used the word “curettage”.
-
7,214.
Dupuis v. Canada (Attorney General) - 2010 FC 511 - 2010-05-11
Federal Court Decisions[8] Having decided to deal with the applicant’s complaint in June 2008, the Commission nonetheless dismissed it slightly less than a year later. [...] The applicant also alleges that the Commission breached its duty of fairness and neutrality. [...] [11] In view of the other relevant criteria and the case law, the legality of the impugned decision must be examined based on a standard of reasonableness, with the exception of any questions of jurisdiction or procedural fairness, which are reviewable against a standard of correctness.
-
7,215.
Kane v. Canada (Attorney General) - 2009 FC 740 - 2009-07-21
Federal Court DecisionsSince it was a new position at a higher level, it was deemed fair and appropriate to provide all managers with the opportunity to compete versus, making an appointment via non advertised process [sic]. [...] [35] It must be said that the current Act deals with the merit principle in a different way than did the former Public Service Employment Act, R.S.C. 1985, c. P-33 (the “Former Act”). [...] (4) La Commission n’est pas tenue de prendre en compte plus d’une personne pour faire une nomination fondée sur le mérite.
-
7,216.
Opaskwayak Cree Nation v. Booth - 2009 FC 225 - 2009-03-04
Federal Court DecisionsWhile the First Nation claimed that the use of the names and birth dates caused a great deal of upset, it appeared to only have affected five people. [...] Procedural fairness is a broad category which to some extent overlaps with the traditional principles of natural justice. [...] Again, no deference is owed to the adjudicator on this issue of procedural fairness.
-
7,217.
Sandiford v. Canada - 2007 FC 225 - 2007-02-27
Federal Court DecisionsMr. Sandiford indicated that he regarded the proposal as one that was fair to him. [...] According to Mr. Sandiford, the only process “best suited to dealing with the defendant is through normal litigation through the courts and all that entails.” He says that the defendant has unlawfully withheld documents thereby acting contrary to the principles of fairness and natural justice. [...] (2) Ne peuvent toutefois faire l’objet d’un grief : a) les décisions d’une cour martiale ou de la Cour d’appel de la cour martiale;
-
7,218.
Wansink v. Telus Communications Inc. - 2007 FCA 21 - 2007-01-29
Federal Court of Appeal Decisions27.1 (1) Il est interdit à l’employeur de congédier un employé, de le suspendre, de le rétrograder, de le punir, de le harceler ou de lui faire subir tout autre inconvénient, ou de le priver d’un avantage lié à son emploi parce que : [...] Toute personne doit être informée de toute collecte, utilisation ou communication de renseignements personnels qui la concernent et y consentir, à moins qu’il ne soit pas approprié de le faire. [...] In the circumstances of this complaint, therefore, a voice print that is used solely for one-to-one authentication purposes seems to be fairly benign.
-
7,219.
Haché v. Canada - 2006 FC 434 - 2006-04-04
Federal Court DecisionsThroughout their careers, Canadian judges strive to overcome the personal biases that are common to all humanity in order to provide and clearly appear to provide a fair trial for all who come before them. [...] Suite à son examen, le juge en chef associe Pidgeon m'a prie de vous faire tenir la réponse suivante. [...] Par ailleurs, la décision d'un juge de se récuser ou non peut également faire l'objet d'un appel.
-
7,220.
Davies v. Canada (Attorney General) - 2005 FCA 41 - 2005-01-28
Federal Court of Appeal DecisionsAs this Court is dealing with the appellate review of a lower court, not the judicial review of an administrative decision-maker, the principles outlined in Housen v. Nikolaisen, [2002] 2 S.C.R. 235, 2002 SCC 33 apply. [...] 12.1 La Commission peut réviser les qualifications établies par un administrateur général pour les nominations à tel poste ou telle catégorie de postes afin de faire en sorte que ces qualifications satisfassent au principe de la sélection au mérite. [...] à un concours interne, tout candidat non reçu peut, dans le délai fixé par règlement de la Commission, en appeler de la nomination devant un comité chargé par elle de faire une enquête, au cours de laquelle l'appelant et l'administrateur général en cause, ou leurs représentants, ont l'occasion de se faire entendre.
-
7,221.
Zündel, Re - 2004 FC 1308 - 2004-09-24
Federal Court DecisionsWould he think that it is more likely than not that the [decision-maker] whether consciously or unconsciously, would not decide fairly. [...] Perhaps a fair and informed observer would wonder about a third motion for recusal as being the best use of time, especially when it brings up, as we shall see further, matters that should have been raised much earlier if they were of a genuine concern. [...] A great deal of the Crown evidence is hearsay. Most of the evidence presented in this regard goes back to May 2003.
-
7,222.
Masood v. Canada (Minister of Citizenship and Immigration) - 2004 FC 1224 - 2004-09-09
Federal Court Decisions(a) immediately, if the claimant is present at the hearing and the Division considers that it is fair to do so; or [...] a) sur-le-champ, dans le cas où il est présent à l'audience et où la Section juge qu'il est équitable de le faire; [...] 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.
-
7,223.
Lac Seul First Nation v. Canada (Minister of Indian Affairs and Northern Development) - 2004 FC 1183 - 2004-08-30
Federal Court DecisionsSubsection 35(1) does not apply to the case before me, as we are not dealing with an agent for the Crown, such as a Crown corporation. [...] · Funding decisions are discretionary and, therefore, no procedural fairness is owed to the Applicants; [...] It is not for me, at this stage of the dispute, to determine whether this practice gives rise to a legitimate expectation affecting procedural fairness.
-
7,224.
Jones v. The Queen - 2004 TCC 251 - 2004-04-16
Tax Court of Canada Judgmentss) the fair market value of the Property at the time of the transfer, was $140,000.00; [...] Both appraisers testified that the house's condition was "fair" and was not up to the standard on the street. [...] (ii) where that person is a corporation, is not dealing at arm's length with that person,
-
7,225.
Zolotareva v. Canada (Minister of Citizenship and Immigration) - 2003 FC 1274 - 2003-10-31
Federal Court Decisions[19] The applicant argues that the PRRA Officer violated a duty of fairness and breached the principles of natural justice by failing to provide her with an opportunity to respond to the decision on the risk of return. [...] ... With respect, I disagree that the principles of fairness require a PCDO conducting a risk assessment to determine if the applicant is a member of the PDRCC class to disclose the risk assessment prior to making his decision. [...] It is certain, with Baker, that the interests of the children are one factor that an immigration officer must examine with a great deal of attention.