11,312 result(s)
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7,551.
Beno v. Canada (Attorney General) - 2002 FCT 142 - 2002-02-07
Federal Court DecisionsThe Applicant argues that such reliance constitutes a breach of the duty of procedural fairness owed to him. [...] Thus, the duty to be fair, in the circumstances of an inquiry, is not as exacting as in a court of law. [...] The choice of procedure is beyond review by the Court, as long as the Applicant was accorded procedural fairness.
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7,552.
Agreda v. Canada (Citizenship and Immigration) - 2023 FC 1484 - 2023-11-07
Federal Court Decisionsperiod, she and her parents have forged a deep connection to their faith community in Vancouver, which provided significant support while they were going through a difficult time; it is a personalized community that they built in Canada and that was essential for them to cope and deal with the death of Ms. Agreda’s sister. [...] I accept that the Officer’s Decision was not long, but in fairness, the issue that was put before the Officer was very straightforward; as put clearly by Ms. Agreda before me, the issue was whether the Officer properly engaged with the nature and elements of the family’s establishment which went beyond the purely numeric
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7,553.
Turner v. Canada (Attorney General) - 2022 FCA 192 - 2022-11-07
Federal Court of Appeal Decisions[2] Contrary to what the respondent asserts, we do not believe that one can fairly read the decision of the adjudicator any other way or to turn on the alleged concession as to the incumbents’ qualifications for the positions. [...] The portion of the adjudicator’s award dealing with remedy will be set aside.
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7,554.
Taghvaei v. Canada (Attorney General) - 2021 FC 106 - 2021-02-01
Federal Court Decisions[4] The relevant facts are fairly and succinctly set out in the Respondent’s Memorandum of Fact and Law and the decisions below, and need not be repeated here. [...] He explained that the reason he did not report his absences from Canada was due to a family emergency and because he “didn’t think it could be a big deal.”
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7,555.
Onwuanagbule v. Canada (Citizenship and Immigration) - 2020 FC 550 - 2020-04-23
Federal Court DecisionsI need not deal with the other grounds she raised. I will, therefore, allow the application for judicial review. [...] She submits that fairness required the RAD to express its concerns about the affidavits and question her about them.
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7,556.
Pangaea One Acquisition Holdings XII S.A.R.L. v. Canada - 2020 FCA 21 - 2020-01-23
Federal Court of Appeal Decisionsof an advantage or right by the taxpayer, whether legally enforceable or not, that affects, or is intended to affect, in any way whatever, the acquisition or provision of property or services by the taxpayer or by another taxpayer that does not deal at arm’s length with the taxpayer, other than an agreement or undertaking [...] (b) that is in satisfaction of an obligation described in section 49.1 that is not a disposition except where the obligation being satisfied is in respect of a right to property or services that the taxpayer acquired for less than its fair market value.
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7,557.
Tiller v. Canada - 2019 FC 749 - 2019-05-28
Federal Court DecisionsThe groups described are extremely diverse, and had dealings with the RCMP under varying circumstances. [...] It is essential to ensure that there is adequate notice to the class, that potential claimants know whether they may be eligible, and that the settlement process is manageable and fairly limits the appropriate class.
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7,558.
Li v. Canada (Citizenship and Immigration) - 2019 FC 95 - 2019-01-23
Federal Court Decisions[8] The applicant takes issue with all of the grounds relied upon by the Officer, but for the purposes of the present case, it is necessary only to deal with the first, concerning the insufficiency of evidence that the applicant would be perceived by Chinese authorities to have violated the FPP. [...] Moreover, since the Officer, in reaching this conclusion, did not rely on the 2009 evidence stating that China is more tolerant of children born outside China, it is also not necessary to address the applicant’s argument that reference to that 2009 evidence represented a denial of procedural fairness.
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7,559.
Lajho v. Canada (Citizenship and Immigration) - 2017 FC 980 - 2017-11-01
Federal Court Decisions[5] In written submissions Mr. Lajho sought to introduce new evidence and argued a breach of procedural fairness on the basis that the Officer erred in failing to convoke an oral hearing. [...] piece of evidence or seek out and address any evidence that is contrary to the conclusion reached, it is similarly not enough to simply conclude that “the evidence is mixed with respect to the level of discriminatory acts.” A decision-maker must do more; a decision-maker must deal with mixed evidence (Racz at para 41).
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7,560.
Canadian Union of Postal Workers v. Canada Post Corporation - 2014 FCA 295 - 2014-12-10
Federal Court of Appeal Decisions[5] In this regard, we note the applicant’s argument that the Board misread Tessier Ltée v. Quebec (Commission de la santé et de la sécurité du travail), 2012 SCC 23, [2012] 2 S.C.R. 3 [Tessier], a case concerning divided constitutional jurisdiction, even though it submits that we are dealing here with direct jurisdiction. [...] [11] Lastly, the applicant argues that the Board did not treat it with the procedural fairness to which it was entitled.
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7,561.
Thanapalasingam v. Canada (Citizenship and Immigration) - 2013 FC 830 - 2013-07-29
Federal Court DecisionsIn the analysis of the individual’s circumstance, the Member had to deal with the broader question of whether all passengers on the MV Sun Sea were viewed by Sri Lankan authorities as tainted by association with the LTTE. On this point the Member noted conflicting evidence but accepted more recent statements and events as [...] A fair reading of the decision is that the Member considered more recent statements and actions of Sri Lankan authorities.
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7,562.
Ruiz Coto v. Canada (Citizenship and Immigration) - 2012 FC 1211 - 2012-10-23
Federal Court DecisionsAll of this shows the Mexican state’s willingness to deal with her case. [...] The applicant’s mere disagreement with the panel’s factual findings is not equivelent to an error of procedural fairness (Sidhu v The Minister of Citizenship and Immigration, 2012 FC 515).
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7,563.
Kollar v. Rogers Communications Inc. - 2011 FC 452 - 2011-04-12
Federal Court DecisionsRogers was strongly recommended to ensure that employees dealing with such privacy-related requests are aware of the procedures in place and understand the importance of responding to requests in a timely manner and with due diligence. [...] i. Fairness and justice in the decision-making process; ii. Declaring that the complaint is well-founded;
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7,564.
Vassan v. Canada (Citizenship and Immigration) - 2009 FC 1049 - 2009-10-15
Federal Court Decisionsc) a indiqué par écrit à l’agent qu’il a l’intention de faire ou a fait un placement. [...] It deals solely and exclusively with his farming operation. That document sets out the Applicant’s net assets as $1,898,986 and states that “it is evident from the above [figure] that the applicant has been successfully managing his agricultural business.” In short, the only reference to any other business other than
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7,565.
Kaur v. Canada (Citizenship and Immigration) - 2009 FC 935 - 2009-09-21
Federal Court DecisionsIncluded with her application was an authorization which allowed the High Commission to deal with her “Canadian representative”, Mr. Dalwinder Hayer. [...] For the sake of argument I am prepared to consider this as an issue of procedural fairness which should be assessed on the standard of correctness.
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7,566.
Watson v. Canada (Public Safety and Emergency Preparedness) - 2009 FC 231 - 2009-03-04
Federal Court Decisions[16] Further, the Applicant submits that the Officer breached the requirements of procedural fairness by failing to provide adequate reasons for her decision. [...] [20] I am satisfied that I should hear this case and deal with the decision of the Officer on its merits.
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7,567.
Chukwudebe v. Canada (Citizenship and Immigration) - 2009 FC 211 - 2009-02-27
Federal Court DecisionsSection 3 states the Act is all about saving lives and offering protection to the displaced and persecuted, and to give fair consideration to those who come to Canada claiming persecution. [...] [10] There is a great deal of jurisprudence in these matters to the effect that a party must suffer the consequences of his or her own counsel.
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7,568.
Liu v. Canada (Citizenship and Immigration) - 2008 FC 1253 - 2008-11-10
Federal Court DecisionsAs Justice Marshall Rothstein has observed, the “question is whether the applicant had the opportunity of dealing with the evidence” (Dasent v. Canada (Minister of Citizenship and Immigration), [1994] F.C.J. No. 1902, at para. 21). [...] [13] Of course, it is open to an officer to disbelieve an applicant, but only after giving the applicant a fair chance to respond to concerns arising from extrinsic sources.
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7,569.
Bergeron v. Canada (Citizenship and Immigration) - 2008 FC 456 - 2008-04-10
Federal Court DecisionsThat is why, based on the Supreme Court of Canada decision in Dunsmuir, supra, the Court owes great deference to a decision of an administrative tribunal protected by a privative clause and dealing with a question of pure fact, as in this case. [...] The test applicable to determine whether there was a breach of procedural fairness due to bias is whether a reasonable and well-informed member of the community would perceive bias (see Mohamed v. Minister of Citizenship and Immigration, 2006 FC 696, [2006] F.C.J. No. 881 (T.D.) (QL)).
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7,570.
Zaveco Ltd v. M.N.R. - 2007 TCC 529 - 2007-09-05
Tax Court of Canada JudgmentsIts lower rental value was the result of the onerous conditions that applied to its occupancy: being constantly available to receive Mr. Aberman on his daily visits and to deal with tenant complaints, as well as collecting rent, cleaning the building, shovelling snow, cutting grass and screening new renters. [...] [9] In support of the Minister's contention that the value of the apartment ought to be the fair market value of a similar apartment, counsel for the Respondent referred the Court to the decision in Résidence au Fil de l’Eau Inc. v. Canada (Minister of National Revenue)[2].
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7,571.
Contreras v. Canada (Citizenship and Immigration) - 2008 FC 821 - 2007-06-30
Federal Court DecisionsFurther affidavits are admissible only in respect of matters going to whether procedural fairness was afforded or bias. [...] [15] The Board Member found that while police abuse exists in certain circumstances, Mexico has in place facilities for dealing with such matters.
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7,572.
Wojciech Stasieczek and Zbigniew Turkiewicz v. The Queen - 2005 TCC 127 - 2005-02-11
Tax Court of Canada JudgmentsThe company had expended a great deal of time and money in the execution of these contracts, for which it was unable to obtain payment. [...] However Draconian that scheme may seem to some, it is the effect of the clear words of Parliament and the Courts have no power to grant relief from it on the basis of their conception of fairness or equity.
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7,573.
Girard c. La Reine - 2005 TCC 104 - 2005-02-02
Tax Court of Canada JudgmentsBased on this reasoning, I find that an essential therapy is one which, if the patient ceased to tolerate it, would result fairly promptly in his death. [...] The Court read a medical article submitted in evidence by the Appellant (Exhibit A-1) dealing with sleep apnea and in particular the following excerpt of the conclusion (last page of the article):
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7,574.
Morley v. The Queen - 2004 TCC 700 - 2004-10-15
Tax Court of Canada JudgmentsDuring that conference, the appellant's counsel offered to provide written submissions dealing with the issue of costs. [...] [8] Counsel for the respondent made a fairly good case on the issue of valuation.
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7,575.
Elash v. The Queen - 2003 TCC 562 - 2003-08-13
Tax Court of Canada Judgmentsq) The Appellant and Machula were not dealing with each other at arm's length at the time of the transfer of the cash and property for the purchase of the Lexus, for the purpose of subsection 160(1) ITA; [...] r) The fair market value of the Lexus at the time of its purchase was at least $70,857.65, including GST and PST; and