11,309 result(s)
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701.
Bibaud v. Bell Technical Solutions Inc. - 2023 FC 1113 - 2023-08-16
Federal Court DecisionsNor is it necessary to deal at length with the reasons given by the external investigator in her handling of the complaint. [...] The case therefore had to be set aside, and the Court would not deal with the merits. [...] Since it was agreed that procedural fairness had been breached, there was no need to say more.
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702.
Richard v. Canada (Treasury Board) - 2008 FC 789 - 2008-06-23
Federal Court DecisionsAfter examining this information, the Commission decided, pursuant to paragraph 41(1)(e) of the Canadian Human Rights Act, not to deal with the complaint because [...] 41. (1) Subject to section 40, the Commission shall deal with any complaint filed with it unless in respect of that complaint it appears to the Commission that [...] [13] In this regard, reasons for a decision ensure a “fair and transparent decision-making”, reduce “to a considerable degree the chances of arbitrary or capricious decisions”, reinforce “public confidence in the judgment and fairness of administrative tribunals” and “foster better decision making by ensuring that issues
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703.
Ajili v. Canada (Citizenship and Immigration) - 2023 FC 788 - 2023-06-06
Federal Court DecisionsThe three applications deal with the same issues and involve the same business venture. [...] As I stated during the hearing, there is just no such thing as conflating procedural fairness, which deals with the process leading to a decision, and the reasonableness of a decision, which is the outcome of a process, not the process itself. [...] Moreover, there was no failure of procedural fairness required in dealing with this matter.
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704.
Nagamany v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1554 - 2005-11-17
Federal Court Decisionsi) by not providing him with a fair hearing; ii) in concluding that the LTTE was an organization with a limited and brutal purpose; [...] A) Fairness _22_ I will deal first with the question of whether or not the applicant was given a fair hearing in the absence of the Minister, given that according to the applicant, the RPD and the Refugee Protection Officer (RPO) assumed the role of the Minister and thereby lost their impartiality. [...] _56_ I shall first deal with another more factual error raised by the applicant in respect of this finding.
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705.
Klundert v. The Queen - 2016 TCC 130 - 2016-05-26
Tax Court of Canada Judgments(c) a person with whom the person was not dealing at arm's length, the following rules apply: [...] c) The transferor and transferee must not have been dealing at arm’s length; [...] 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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706.
Franklin Lumber Ltd. v. Essington II (Ship) - 2005 FC 405 - 2005-03-23
Federal Court DecisionsWould he think that it is mor likely than not that Mr. Crowe, whether consciously or unconsciously, would not decide fairly." [...] Judges must be conscious of this constant weighing and make every effort to achieve neutrality and fairness in carrying out their duties. [...] [20] All of the material which was brought to my attention and to which I have referred deals with instances in which judges have been asked to recuse themselves.
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707.
Cohen v. Canada (Public Safety and Emergency Preparedness) - 2018 FC 1101 - 2018-11-01
Federal Court DecisionsBy consent of Counsel, and by my agreement at the opening of oral argument, also under review are two interlocutory decisions leading to the Final Decision: one dealing with the application of the Refugee Protection Division Rules, SOR/2012-256 (the Rules), and the other dealing with abuse of process issues. [...] As noted above, subs. 162(2) of the IRPA requires that each division of the IRB deal with all proceedings before it as informally and quickly as the circumstances and the considerations of fairness and natural justice permit. [...] As long as it respects the rules of fairness, the Board may control its own process”.
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708.
Carroll v. Canada (Attorney General) - 2017 FC 312 - 2017-03-27
Federal Court DecisionsTo support her position, she relies on Carroll 2015, where Mosley J. addressed the importance of dealing with the substance of a complaint: [...] V. Procedural Fairness and Natural Justice [23] I will briefly address Ms. Carroll’s contention that she was denied procedural fairness or that natural justice was not respected in the circumstances. [...] Since the investigator failed to inform her of ESDC’s willingness to mediate, Ms. Carroll contends she was denied procedural fairness.
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709.
Opportunities for the Disabled Foundation v. Canada (National Revenue) - 2016 FCA 94 - 2016-03-24
Federal Court of Appeal Decisions[32] Having dealt with the preliminary issues raised by the Appellant, it is now opportune to deal with the merits of the Revocation Proposal. [...] (a) the fair market value of a property of the charity at the end of that taxation year, [...] b) d’autre part, que toute question qui aurait pu faire l’objet d’un avis d’opposition en vertu du paragraphe 168(4) ne peut faire l’objet d’un appel à la Cour canadienne de l’impôt en vertu du paragraphe 169(1).
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710.
Aeronautic Development Corporation v. Canada - 2018 FCA 67 - 2018-04-04
Federal Court of Appeal DecisionsUnless the corporation and the controller are dealing at arm’s length; and [...] Accordingly, ADC and Seawind Corp. were deemed not to be dealing at arm’s length by virtue of paragraph 251(1)(a) of the ITA, which deems related persons to not deal with each other at arm’s length. [...] The absence of a lease suggests that the parties were not dealing at arm’s length.
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711.
Rotor Maxx Support Ltd. v. Canada (Transport) - 2018 FC 97 - 2018-01-29
Federal Court DecisionsFor that reason, I will only deal with the arguments in this section that clearly fit into the issue of procedural fairness. [...] Jeff Phipps’s response deals with the three examples and after a detailed discussion he says: [...] [78] The line of emails ends with the comment that they will deal with the examples and see if they have the sufficient data to confirm conformity.
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712.
Worsfold v. Canada (National Revenue) - 2012 FC 644 - 2012-05-25
Federal Court DecisionsPrinciples of Natural Justice and Procedural Fairness [97] The respondent submits that the officer did not breach any principles of natural justice or procedural fairness. [...] [131] Because of my finding on this issue, I need not deal with the remaining issues. [...] (a) related persons shall be deemed not to deal with each other at arm’s length;
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713.
Contour Optik Inc. v. Viva Canada Inc. - 2005 FC 1687 - 2006-01-20
Federal Court DecisionsIn fairness, counsel for the Plaintiffs provided some of that information as well as supplemental Affidavits of Documents. [...] One must look at what is reasonable and fair under the circumstances: Smith, Kline & French Ltd. v. A.-G. Can., per Addy J. at p. 109. [...] All litigation should be disclosed, regardless of which courts are seized of the matters, and whether of not same deal with the Canadian '714 Patent, the US '545 Patent, or any other patent dealing with magnetic eyewear;
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714.
Marshall v. Canada - 2006 FC 51 - 2006-01-19
Federal Court Decisions[19] A situation dealing with whistle-blowers is the example provided in Vaughanto illustrate a case that is not "run-of-the-mill". [...] However, an amended claim deals with allegations reaching as far back as 1972. [...] The issue to be resolved is whether, under the circumstances, it is still possible to have a fair trial after such a long delay.
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715.
Mazhero v. Fox - 2014 FCA 219 - 2014-10-01
Federal Court of Appeal Decisions[5] At all times, these powers are to be exercised in accordance with procedural fairness. [...] Procedural fairness is not what the parties think is fair, nor is it in the eye of the beholder. [...] In this case, the requirements of procedural fairness will not obstruct my task of bringing order to chaos.
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716.
9004-5733 Quebec Inc. v. The Queen - 2003 TCC 327 - 2003-05-09
Tax Court of Canada Judgments[18] This subsection stipulates that a supply of a service that is made for consideration less than the fair market value shall be deemed equal to the fair market value where the supplier and recipient of the service are not dealing with each other at arm's length or where the recipient of the supply is not a registrant [...] The definition of fair market value in subsection 123(1) of the Act reads as follows: [...] There may be different approaches for assessing the fair market value of services.
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717.
Beima v. Canada - 2015 FC 1367 - 2015-12-09
Federal Court Decisions55. This most certainly demonstrates an inability for Justice D’Arcy to be able to conduct a fair unbiased hearing. [...] 79. The stress these people have put on The Applicant has affected his emotional state, caused a great deal of stress therefor jeopardizing his health, and caused a great deal of weight gain. [...] Therefore, he says it is only right that the Federal Court assume jurisdiction and deal with his complaints.
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718.
Balasingam v. Canada (Citizenship and Immigration) - 2012 FC 1368 - 2012-11-27
Federal Court DecisionsThat judgment cites seven cases dealing with the doctrine, and then goes on (at p. 1204): [...] The case law cited by the Applicant dealing with the doctrine of legitimate expectations has no application in this case. [...] Hence, he says it was incumbent upon the IAD to deal with this fact so that he could receive a fair hearing.
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719.
Owusu v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 94 - 2003-01-29
Federal Court DecisionsRather, the interests of the child must be "well identified and defined" (Legault, at para. 12) and "examined ... with a great deal of attention" (Legault, at para. 30). [...] They were not "examined... with a great deal of attention". Indeed, they were not examined at all and no explanation was provided by the Immigration Officer as to why they were not. [...] ...Ordinarily the denial of that right [the right to a fair hearing] will void the hearing and the resulting decision.
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720.
Chen v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1523 - 2005-11-08
Federal Court DecisionsThe questions before me in this application deal with the procedure to be followed once an officer decides that a hearing will be held. [...] [17] By notice dated March 9, 2005, the PRRA Officer dealing with the Applicant's file requested the attendance of the Applicant at a hearing. [...] [22] Knowing the case to be met is a fundamental requirement of procedural fairness.
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721.
Ola Display Corporation v. Canada (National Research Council) - 2013 FC 423 - 2013-04-24
Federal Court Decisions1. Was the applicant’s right to procedural fairness breached? Applicant’s argument [...] It is discretionary and purely administrative, which attracts a minimal duty of fairness. [...] [34] The Act confers a broad discretionary power to the NRC in the exercise of its mandate and NRC-IRAP sets its own procedure to deal with a request for funds.
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722.
Lee v. Bank of Nova Scotia - 2002 FCT 753 - 2002-07-09
Federal Court DecisionsHe seeks an order granting the application for judicial review and an appropriate remedy binding on the CHRC. Mr. Lee alleges that the CHRC breached its duty of procedural fairness when dealing with his complaint. [...] [32] While a great deal of deference is owed to the Commission in making such decisions, it is settled law that it must nevertheless adhere to the principles of procedural fairness. [...] Hence, the same standard that applies to the Commission would apply to the investigator in his dealings with the parties.
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723.
Paul v. Canadian Broadcasting Corp. - 2001 FCA 93 - 2001-04-02
Federal Court of Appeal Decisionsa. the Commission failed to provide the CBC with the requisite level of procedural fairness by: [...] [50] In the recently decided case of Canada Post Corp. v. Barrette,[21] this Court considered the Commission's procedural fairness obligations in deciding, pursuant to s. 41 of the Act, the preliminary question of whether to deal with a complaint at all. [...] In the single paragraph of her reasons dealing with the remedy, she alluded to two factors - the fact that her decision marked the second finding against the Commission of bias or failure to provide procedural fairness in dealing with the same circumstances and the fact that the events in question had occurred nearly ten
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724.
Tétrault v. The Queen - 2004 TCC 332 - 2004-05-11
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 [...] The Appellant's counsel put a good deal of emphasis on the argument that consideration was given for the transfer.
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725.
Gabor v. Canada (Citizenship and Immigration) - 2012 FC 540 - 2012-05-04
Federal Court DecisionsIt also found the Slovak authorities are making serious efforts to deal with police misconduct and there are signs of success. [...] Would he think that it is more likely than not that [the decision-maker], whether consciously or unconsciously, would not decide fairly.” [...] Clearly, the Female Applicant cannot be sterilized again, and the RPD has to deal with the forward-looking health risks she faces.