11,309 result(s)
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726.
League for Human Rights of B'nai Brith Canada v. Canada - 2008 FC 732 - 2008-06-12
Federal Court Decisions[27] It follows that the respondents have demonstrated that the applicant’s claim to direct standing is not fairly arguable. [...] The Governor in Council, when exercising its discretion, owed Mr. Odynsky a duty of fairness. [...] He is a member of an organization that seeks to ensure the fair administration of the taxation system.
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727.
Palmer v. The Queen - 2015 TCC 28 - 2014-12-18
Tax Court of Canada JudgmentsAt the time of this transfer, the parties listed the fair market value as nil. [...] (c) a person with whom the person was not dealing at arm’s length, the following rules apply: [...] 1. there must be a non-arm's length transaction or deal; 2. a transfer of property must occur;
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728.
Re:Sound v. Fitness Industry Council of Canada - 2014 FCA 48 - 2014-02-24
Federal Court of Appeal Decisions[18] The Board certified Tariff 6.A on July 15, 2011 to deal with the tariff proposed by Re:Sound for sound recordings used in connection with dance. [...] No provision in the Act expressly deals with the issue in dispute. Rather, the Board based its decision on inferences that it drew from provisions of the Act dealing with other matters and on the practical implications for the operation of the statutory scheme that would flow from Re:Sound’s position. [...] [124] The Board set the royalty for skating by reference to SOCAN Tariff 7, which deals only with this activity: at para. 176.
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729.
Khadr v. Canada (Attorney General) - 2006 FC 727 - 2006-06-08
Federal Court DecisionsThere was no reference in the Canadian Passport Order to any residual authority being vested in the Minister or the Cabinet to deal with passport issues. [...] [94] As indicated in paragraph 80, the power to deal with passports was transferred to the Department of External Affairs where it has remained. [...] D. Fairness/Legitimate Expectation [98] The Respondent early in this litigation acknowledged that the Minister had breached the duty of fairness, largely by failure to give notice and an opportunity to be heard.
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730.
Donaldson v. The Queen - 2016 TCC 5 - 2016-01-05
Tax Court of Canada Judgments[11] I will now deal with the appeal of Mr. Donaldson. [12] In April 2005, the appellants purchased a property located at 35 Crystal Shores Point, Okotoks, Alberta (the “property”) for the amount of $355,000. [...] At that time, an appraisal was done and the fair market value of the property was $510,000. [...] They also acknowledge that under the Act, they are deemed to have disposed of the property for proceeds equal to the fair market value and to have it reacquired at a cost equal to the fair market value.
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731.
Canada v. Livingston - 2008 FCA 89 - 2008-03-07
Federal Court of Appeal Decisions(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 [...] A person with whom the transferor was not dealing at arm’s length. 4) 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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732.
Severo Rachewiski v. Canada (Citizenship and Immigration) - 2010 FC 244 - 2010-03-02
Federal Court DecisionsThe male applicant works in the construction trade dealing with drywall and taping. [...] 5. That the decision was, on the whole, unreasonable, biased and lacking in fairness. [...] [32] The concerns raised by the Applicants deal in particular with their youngest son Callum.
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733.
Sackman v. The Queen - 2007 TCC 455 - 2007-05-10
Tax Court of Canada JudgmentsI shall deal first with the appellant’s motion to amend the notice of appeal. [...] The appropriate way to deal with a reply or an amended reply is in an Answer. [...] [25] It is unnecessary for me to deal at any greater length with the donor.
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734.
Gonni Holdings Ltd. v. M.N.R. - 1999-12-08
Tax Court of Canada JudgmentsIf it is a substantially similar contract of employment, Parliament has deemed it to be only fair that it should be included in the scheme. [...] [11] Subsection 93(3) of the EI Act deals with appeals to the Minister. [...] (c) the Worker and the Corporation do not deal with each other at arm's length;
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735.
Corporation of the City of Mississauga v. Canada (Public Works and Government Services) - 2011 FC 162 - 2011-02-11
Federal Court DecisionsAlthough the Act confirms both the principle that federal property is immune from taxation and the voluntary nature of payments in lieu, the intention of that the calculation of such payments would be consistent with the objective of equity and fairness in dealing with Canadian municipalities. [...] However, in my view, the Purpose Clause deals with calculations and not collections. [...] [58] The Analysis also deals with both tenants of the Crown and tenants on Crown property.
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736.
Sark v. Abegweit Band - 2001 FCT 1184 - 2001-10-31
Federal Court DecisionsThis step deals with consultation after Deputy Minister approval in principle has been given. [...] I propose to deal with Issues 5 and 6 together as the applicant basically argued that there was a breach of the duty of procedural fairness by the respondents, due to the manner in which the application was processed. [...] [22] For the above reasons, I am of the opinion that a breach of the duty of procedural fairness has occurred in that, at the very minimum, the applicants' application has not been dealt with in accordance with the policy which the department has established to deal with applications such as the current application.
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737.
Hussey v. Bell Mobility Inc. - 2022 FCA 95 - 2022-05-31
Federal Court of Appeal Decisions[12] The Federal Court dealt first with the allegation of breach of procedural fairness. [...] Wilson deals with the preservation of the rights which the Code confers on non-unionized employees in federally-regulated employment. [...] Wilson deals with the protection of the rights conferred by the Unjust Dismissal provisions while the Adjudicator was dealing with the valuation of those rights when they are lost.
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738.
Canada (Citizenship and Immigration) v. Fox - 2009 FC 987 - 2009-10-05
Federal Court DecisionsThe Tribunal noted that subsection 162(2) of the IRPA provides that each division shall deal with all proceedings before it as informally and quickly as the circumstances and considerations of fairness and natural justice permit. [...] 162. (2) Each Division shall deal with all proceedings before it as informally and quickly as the circumstances and the considerations of fairness and natural justice permit. [...] As for the notion of fairness on which the reasoning of the Trial Judge hinged, the Court had this to say:
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739.
Hudson v. Canada (Indian Affairs and Northern Development) - 2007 FC 203 - 2007-02-22
Federal Court DecisionsRather the Court is required to determine whether the process followed in relation to Mr. Hudson’s appeal was fair, and whether any errors were committed in dealing with the appeal. [...] 4. Was Mr. Hudson accorded procedural fairness in the process followed with respect to his appeal? [...] I cannot simply accept these submissions, as they are clearly in error, at least insofar as they relate to the fourth issue, namely that dealing with procedural fairness.
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740.
Ching v. Canada (Immigration, Refugees and Citizenship) - 2018 FC 839 - 2018-08-16
Federal Court DecisionsStep 1: Did the IAD engage in conduct that violated Mr. Ching’s right to a fair proceeding or undermined society’s expectations of fairness in the administration of justice? [...] So the decision will be there whether the ultimate case is successful or not, we’ll deal with that decision. [...] After all, Rule 57 of the Immigration Appeal Division Rules, SOR/2002-230 states that “in the absence of a provision in these Rules dealing with a matter raised during an appeal, the Division may do whatever is necessary to deal with the matter”.
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741.
Utility Transport International Inc. v. Kingsley - 2009 FC 270 - 2009-03-17
Federal Court DecisionsShe has changed her account to try and deal with what she perceives as a problem regarding Mr. Fenton and his lack of availability. [...] 30. Findings: The statements of the complainant, which are unrefuted, suggest that the respondent took no action to deal with the alleged harassment. [...] [48] In order to satisfy the duty of procedural fairness, the investigation has to be thorough.
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742.
O'Grady v. Bell Canada - 2020 FC 535 - 2020-04-20
Federal Court DecisionsSecond, Ms. O’Grady alleges that the Tribunal breached her rights to procedural fairness. [...] [68] This leaves only one procedural fairness argument which I will now address. [...] Commission to deal with complaint Irrecevabilité 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
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743.
Pusuma v. Canada (Citizenship and Immigration) - 2015 FC 658 - 2015-05-21
Federal Court Decisions[38] The applicants provided extensive evidence dealing with the issue of risk‑based hardship in support of their H&C application. [...] [47] The question of whether the H&C assessment was tainted by the unfairness of the applicants’ refugee hearing raises a question of fairness. [...] It will be recalled that the fairness of both of these findings was directly called into question by the failure of Mr. Hohots to provide the applicants with competent legal representation.
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744.
Eberhardt v. Canada (Public Safety and Emergency Preparedness) - 2013 FC 1077 - 2013-10-24
Federal Court Decisions[17] The first issue raised here is a matter of procedural fairness. [...] Essentially, Mr. Eberhardt raises three (3) basic issues for review and I will deal with each in turn. [...] Rather the Act sets out specific procedures for dealing with them in ss. 25, and 112 respectively.
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745.
Endemikael v. Canada (Citizenship and Immigration) - 2013 FC 675 - 2013-06-18
Federal Court Decisions[3] This judicial review does not deal substantially with the facts supporting his claim but with procedural/substantive matters at the Applicant’s hearing. [...] In dealing with the matter of natural justice, the Member found that there was no breach because the translation was not tainted or inaccurate. [...] The Applicant contends that this was a breach of procedural fairness.
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746.
Kroll v. Canada (Revenue Canada) - 2004 FC 863 - 2004-06-14
Federal Court DecisionsThe CCRA confirmed the disallowance of the ITC. The matter was then referred to the "fairness committee" of the CCRA for review. [...] The purpose of this legislative provision is to allow Revenue Canada, Taxation, to administer the tax system more fairly, by allowing for the application of common sense in dealing with taxpayers who, because of personal misfortune or circumstances beyond their control, are unable to meet deadlines or comply with rules [...] Nor is there any allegation or indication that the CCRA breached the principles of procedural fairness in dealing with the applicant.
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747.
Nagalingam v. Canada (Public Safety and Emergency Preparedness) - 2012 FC 1411 - 2012-12-03
Federal Court Decisions[17] The issue submitted before this Court concerns a potential breach of procedural fairness. [...] [21] The applicant further submits that refugees are entitled to a higher level of procedural fairness than visitors (citing Justice Décary in Cha, above). [...] Therefore, the Court finds no breach in procedural fairness that warrants its intervention.
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748.
Kassawat v. M.N.R. - 2018 TCC 54 - 2018-03-15
Tax Court of Canada Judgments17 Procedural fairness requires that in cases governed by the informal procedure the Crown not be permitted at the 11th hour to spring a brand new argument on a taxpayer. [...] 5(3) Arm’s length dealing — For the purposes of paragraph (2)(i), (a) the question of whether persons are not dealing with each other at arm’s length shall be determined in accordance with the Income Tax Act; and [...] (a) related persons shall be deemed not to deal with each other at arm’s length;
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749.
Jagadeesh v. Canadian Imperial Bank of Commerce (CIBC) - 2019 FC 1224 - 2019-09-24
Federal Court DecisionsWith this wild assumption Investigator decides not to deal with two important issues of my complaint. [...] [36] The Commission shall deal with any complaint filed, unless it falls within one of the excluded grounds: CHRA s 41(1). [...] The investigator will not therefore, deal with these allegations in the context of the present complaint.”
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750.
Stan Wire Application Ltd. v. The Queen - 2009 TCC 425 - 2009-09-09
Tax Court of Canada Judgments(i) to a person with whom the taxpayer was not dealing at arm's length for no proceeds or for proceeds less than the fair market value thereof at the time the taxpayer so disposed of it, [...] The Appellant in the present appeals claims to have implemented this technique in dealing with its customers. [...] [48] The Nowaks testified that the developer’s practice was to deal only with incorporated entities and therefore he refused to deal with the Nowaks personally.