11,313 result(s)
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7,451.
Amex Bank of Canada v. The King - 2023 TCC 93 - 2023-06-27
Tax Court of Canada JudgmentsMr. Ryan’s testimony covered the administration and operation of the MRP as well as the Appellant’s dealings with Participants and ACI. [...] (iv) monitoring another person’s payment record or dealing with payments made, or to be made, by the other person, [...] The Bank therefore defers revenue equating to the fair value, to the customer, of the Membership Rewards points awarded.
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7,452.
Mahjoub (Re) - 2017 FC 334 - 2017-03-31
Federal Court DecisionsAs indicated, I will deal with the questions either alone or in groups. [...] The opportunity to cross-examine witnesses is fundamental to providing a fair trial to an accused. [...] (d) violating of the right to fair hearing (s. 7 of the Charter); and
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7,453.
Canada (Attorney General) v. Walden - 2010 FC 490 - 2010-05-04
Federal Court Decisions[62] I will revisit this issue when dealing with the question of whether the Tribunal erred in finding that liability should be assessed as of March of 1978. [...] I will deal with this allegation as I examine each of the issues raised by the Government. [...] [181] The Government argues that it would not be fair for it to be “on the hook” for back wages extending over a period of more than 30 years.
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7,454.
Labow v. The Queen - 2010 TCC 408 - 2010-08-06
Tax Court of Canada JudgmentsThis involved him in a great deal of administrative and committee work in addition to his professional responsibilities. [...] (c) The Trustee shall endeavour to carry out the Plan and shall act accordingly dealing with the Trust Property. [...] ... involving the taxpayer and a non-resident person with whom the taxpayer was not dealing at arm’s length.
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7,455.
Ferring inc. v. Canada (Health) - 2007 FC 300 - 2007-03-20
Federal Court Decisions[63] As soon as the AstraZeneca decision was released in early November, 2006, the Minister, with some prompting from some generics, set about to devise a process for dealing with the question of setting a procedure for dealing with whether a generic is required to address any particular listed patent. [...] Duty of Fairness [92] Ferring makes a further argument that the decisions of the Minister were made without warning to Ferring and giving it an opportunity to be heard. [...] to a section of the monograph dealing with Action and Clinical Pharmacology (Hems calls this the “A and CP” language).
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7,456.
Shirt v. Saddle Lake Cree Nation - 2022 FC 321 - 2022-03-08
Federal Court DecisionsWas the Applicant was denied procedural fairness; and iii. What is the appropriate remedy? [...] However, I will also briefly address the issue of procedural fairness. [...] [96] The Respondent disagrees with the Applicant’s submissions and submits, as the Applicant has not provided any supporting materials to justify the claimed costs, that the Court should deal with costs as a separate matter.
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7,457.
Cadostin v. Canada (Attorney General) - 2019 FC 1198 - 2019-09-23
Federal Court DecisionsThe investigation undertaken by the Commission was thorough and procedurally fair. [...] a) révoquer la nomination ou ne pas faire la nomination, selon le cas; [...] However, this requirement was not added to section 69, which deals with fraud.
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7,458.
Dedam v. Canada (Attorney General) - 2012 FC 1073 - 2012-09-11
Federal Court Decisions2. Was there a breach of procedural fairness and/or natural justice? [...] 385. (1) Unless the Court directs otherwise, a case management judge or a prothonotary assigned under paragraph 383(c) shall deal with all matters that arise prior to the trial or hearing of a specially managed proceeding and may [...] le Ministre doit alors faire rapport au gouverneur en conseil. FEDERAL COURT
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7,459.
Sanofi-Aventis Canada Inc. v. Novopharm Limited - 2007 FCA 163 - 2007-04-23
Federal Court of Appeal Decisions[39] In C.U.P.E. at paragraphs 52-53, Arbour J. noted that there may be situations where fairness dictates that a duplicitous proceeding should not be held to be abusive: [...] In stating why I believe this case is not one where the doctrine of abuse of process should apply, I will deal with the grounds put forward by my colleague in reaching a different conclusion. [...] The fact that the second decision might not be more accurate than the first one does not render the proceedings oppressive or vexatious and will not offend the community’s sense of fair play and decency.
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7,460.
Lai v. Canada (Minister of Citizenship and Immigration) - 2000-12-18
Federal Court DecisionsWith respect to ordering the release of Mr. Lai and Ms. Tsang on terms and conditions, a huge bond would be unlikely to tether them to Canada as they have a great deal of money, which judging from Mr. Lai's gambling activities in Canada, they are quite prepared to lose. [...] b) dans tous les cas, le sous-ministre peut ordonner à l'agent principal de faire tenir une enquête. [...] 52.1 La personne qui est renvoyée du Canada ou le quitte à la suite d'une mesure de renvoi qui ne peut faire l'objet d'un appel devant la section d'appel peut, aux frais du ministre, revenir au Canada si elle réussit par la suite à faire annuler la mesure.
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7,461.
Kostic v. Canada - 2023 FC 509 - 2023-04-11
Federal Court Decisions[22] As to the grounds for the appeal, McMullen asserts that the January 5, 2023 Order was unreasonable and in breach of: the Rules; the rules of procedural fairness; his right to a fair hearing as protected under s 7 of the Canadian Charter of Rights and Freedoms, s 7, Part I of the Constitution Act, 1982, being Schedule B [...] [27] Case management judges so assigned deal with all manner of matters that arise prior to the trial of the specially managed proceeding, including giving any directions or making any orders that are necessary for the just, most expeditious and least expensive determination of the proceeding on its merits and, [...] [29] To the extent that McMullen alleges that the effect of the Order denied him procedural fairness because it precluded him from including the Transcript in his motion to strike record, and therefore potentially deprived him of a full and fair opportunity to be heard and/or to respond to the Action by way of his motion to
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7,462.
Blyth Cowbells Brewing Inc. v. Bellwoods Brewery Inc. - 2022 FC 248 - 2022-02-23
Federal Court DecisionsThe Cowbell Mark and the Bell Mark bear a fair degree of resemblance in terms of their appearance and the suggested idea because they are both bell designs. [...] The Pestl Affidavit at paragraphs 10 to 15, dealing with alleged actual confusion, is based for the most part on hearsay and is not reliable or necessary and is given no weight. [...] • There is a fair degree of resemblance between the marks at issue; • The Respondents have been using their mark for a greater length of time;
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7,463.
Dinan v. Canada (Transport) - 2022 FC 106 - 2022-01-31
Federal Court Decisions[9] Under the Aeronautics Act, a CAD is a fairly broad term covering documents such as licenses and permits issued by the Minister in respect of aviation and aeronautics: Aeronautics Act, RSC 1985, c A-2, s 3(1) (“Canadian aviation document”). [...] From the case law, it appears there are fairly few occasions where a party is successful before the TATC but then seeks to challenge an adverse decision by the Minister on reconsideration. [...] While Justice Addy was dealing with a first decision rather than a decision on reconsideration, and ultimately addressed the merits in the matter before him, his observations on declining relief under section 18 of the Federal Courts Act are consistent with the general law on adequate alternative remedies cited above.
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7,464.
Pakzad v. The Queen - 2017 TCC 83 - 2017-05-18
Tax Court of Canada JudgmentsFirst, if his motion is not allowed, it would be contrary to procedural fairness. [...] That decision does contain some personal information, but no more so than other decisions dealing with similar issues and not as much personal information as some other decisions contain. [...] [25] The Appellant also argued that he had a reasonable expectation of privacy which he coupled with a fairness argument.
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7,465.
Klemen v. The Queen - 2014 TCC 244 - 2014-07-29
Tax Court of Canada Judgments[1] In 2004 and 2005, Edward Klemen (the “Appellant”) transferred oilfield equipment (the “Equipment”) to Canadian Hydrex Limited (“CHL”), a company with which he did not deal at arm’s length. [...] [17] The Second Reassessment was issued on the basis that the fair market value of the Equipment was the price at which CHL sold it to third parties. [...] For procedural fairness reasons alone, I cannot accept this argument at this late stage of the proceedings.
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7,466.
Kotel v. Canada (Attorney General) - 2013 FC 1015 - 2013-10-08
Federal Court DecisionsThe Applicant completed the Financial Statement that was his household income and expenses and from that and his file Cathy Mitchell prepared a Fairness Request Summary of Facts Report. [...] [57] Where “extraordinary circumstances” exist to justify a consideration of fairness relief, then paragraph 33 of the Taxpayer Relief Provisions enumerates four factors the Minister will consider in making its decision: [...] It is unfortunate that you are dealing with this illness; however, I regret to inform you that since your illness occurred after al the tax returns in question had been filed; your illness did not prevent you from meeting your filing obligations.
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7,467.
Canada (Attorney General) v. Public Service Alliance of Canada - 2011 FCA 257 - 2011-09-19
Federal Court of Appeal DecisionsCounsel suggested that the duty of procedural fairness, for example, was inapplicable. [...] (2) The Board may delay dealing with the application until it is satisfied that the employer and the bargaining agent have made every reasonable effort to enter into an essential services agreement. [...] b) faire l’objet d’un recours judiciaire, notamment par voie d’injonction, de certiorari, de prohibition ou de quo warranto.
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7,468.
Dunkova v. Canada (Citizenship and Immigration) - 2010 FC 1322 - 2010-12-22
Federal Court Decisions[21] The issue of whether the facts of the case give rise to a reasonable apprehension of bias is a an element of the duty of fairness to be determined on a standard of correctness: Geza v. Canada (Minister of Citizenship and Immigration), 2006 FCA 124, at paragraph 44; Dunsmuir, above at paras. 55 and 90; and Khosa, above [...] The Court will, however, nevertheless deal with the important issue of bias raised by the applicants. [...] [31] Procedural fairness requires that decisions be made free from a reasonable apprehension of bias by an impartial decision-maker: Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817 at paragraph 45.
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7,469.
Kablawi v. Canada (Public Safety and Emergency Preparedness) - 2008 FC 1011 - 2008-09-09
Federal Court Decisions[9] (a) Did the Minister breach a duty of fairness to Mr. Kablawi? i. Does the Minister’s decision contain reviewable errors of fact including unreasonable findings of fact or inference or by failing to take appropriate account of the evidence before him? [...] [11] Because I can identify no breach of the duty of fairness in this case, it is unnecessary to discuss the standard which applies to that issue. [...] [12] It was argued on behalf of Mr. Kablawi that the Minister’s failure to provide him with copies of the open source references relied upon by the CBSA dealing with the SSNP’s history of violence constituted a breach of the duty of fairness.
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7,470.
Hardtke v. The Queen - 2005 TCC 263 - 2005-04-21
Tax Court of Canada Judgments(a) may prejudice or delay the fair hearing of the action, (b) is scandalous, frivolous or vexatious, or [...] As a result of identifying this large group of individuals, the CCRA decided to develop and implement a standardized approach in dealing with the individual taxpayers, which took approximately four years. [...] Although section 53 of the Rules does not provide specifically for such an action, the Court has jurisdiction pursuant to section 53 to strike out a pleading that may prejudice or delay the fair hearing of the action, that is frivolous or vexatious or that is an abuse of the process of the Court.
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7,471.
Abdinur v. Canada (Citizenship and Immigration) - 2020 FC 880 - 2020-09-03
Federal Court DecisionsWere the Minister’s delegate’s credibility findings regarding Mr. Abdinur’s family fair and reasonable? [...] [7] In assessing issues of procedural fairness, the Court asks whether the procedure was fair in all the circumstances. [...] Be this as it may, I do not believe that such a notice either removes or satisfies the fairness obligation to put alleged inconsistencies to the applicant.
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7,472.
Heron v. Canada (Public Safety and Emergency Preparedness) - 2014 FC 770 - 2014-08-01
Federal Court Decisions(ii) il serait juste et équitable de faire droit à la demande, (iii) la demande a été présentée dès que possible. [...] 129.2 (1) La personne qui a présenté une demande de prorogation en vertu de l’article 129.1 peut demander à la Cour fédérale d’y faire droit : [...] (ii) il serait juste et équitable de faire droit à la demande, (iii) la demande a été présentée dès que possible.
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7,473.
Vézina v. Canada (Defence) - 2012 FC 625 - 2012-05-23
Federal Court Decisions[22] In this case, the issue of procedural fairness was never raised in the notice of application for review, as established upon careful reading of such notice. [...] [23] In any event, the evidence in the record establishes that there was no breach of the principles of procedural fairness. [...] In this respect, CBI Chapter 209 and the CFTDTI adopted under its authority deal specifically with matters regarding travel and transportation expenses.
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7,474.
Mercado v. Canada (Citizenship and Immigration) - 2010 FC 289 - 2010-03-12
Federal Court Decisions[16] Contrary to what was briefly argued in one of the applicant’s three memoranda, the omissions and contradictions noted in the decision do not deal with peripheral facts. [...] [34] I must now determine whether the RPD breached the principles of procedural fairness. [...] a) faire des observations sur la fiabilité et l’utilisation du renseignement ou de l’opinion;
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7,475.
Centric Brands Holding LLC v. Stikeman Elliott LLP - 2024 FC 204 - 2024-02-08
Federal Court DecisionsIn support of this submission, Centric relies on Ms. Dell’Osso-Caputo’s evidence that during the Relevant Period KVZ was negotiating a licensing deal for use of the Mark with a Canadian business named Corey Vines, but that the deal was called off in June 2018 shortly after the announcement of the Agreement to sell the Mark [...] The initial release of the film was delayed by several years and no deal was ever concluded. [...] As previously noted, the Applicant relies on Ms. Dell’Osso-Caputo’s evidence that, during the Relevant Period, KVZ was negotiating a licensing deal for use of the Mark with the Canadian business, Corey Vines, but that the deal was called off in June 2018 shortly after the announcement of the Agreement to sell the Mark to