11,312 result(s)
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7,576.
Tsakala v. Canada (Minister of citizenship and immigration) - 2003 FCT 411 - 2003-04-08
Federal Court DecisionsThe applicants also contend that the CRDD failed to comply with the rules of procedural fairness by demonstrating bias. [...] [11] The applicants argue that the CRDD did not consider the objective documentary evidence dealing with the situation in Congo and that if it had done so it would have found that the applicants' claim was well-founded.
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7,577.
Mahmoud v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 318 - 2003-03-20
Federal Court DecisionsThere must be either an error of law apparent on the face of the record, or a breach of the duty of fairness appropriate to this essentially administrative decision. [...] [15] In Wong (Litigation guardian) v. Canada (Minister of Citizenship and Immigration) (1999), 246 N.R. 377 (F.C.A.), the Federal Court of Appeal had to deal with the issue of whether or not a visa officer is entitled, at the time of an application for a student visa, to search for the long-term goal of the applicant and to
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7,578.
Ross v. Canada (Attorney General) - 2002 FCT 183 - 2002-02-19
Federal Court Decisions(2) Le délinquant qui croit que les renseignements auxquels il a eu accès en vertu du paragraphe 23(2) sont erronés ou incomplets peut demander que le Service en effectue la correction; lorsque la demande est refusée, le Service doit faire mention des corrections qui ont été demandées mais non effectuées. [...] The view expressed by the Commissioner and by the officials of the CSC when dealing with Mr. Ross' grievance is correct.
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7,579.
Morales v. The Queen - 2001-06-21
Tax Court of Canada JudgmentsIndeed, there is no evidence that the rents paid were fair market value. [...] [13] In light of this conclusion I need not deal with the questions raised by the respondent whether the new roof and windows are on capital or revenue account or whether the losses should be shared with the appellant's estranged wife.
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7,580.
Marhraoui v. The Queen - 2001-05-09
Tax Court of Canada JudgmentsOne person may walk fairly well with an artificial leg, while others may have a great deal of difficulty.
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7,581.
Bertha l'Hirondelle v. Canada - 2000-12-13
Federal Court Decisions[3] First let me deal with such objections coming from both the plaintiffs and the Crown to the admission of certain particular parts of the evidence at the first trial. [...] That would be neither fair, expeditious, nor cost-efficient and those are the guidelines by which I, as Case Management judge, must be guided.
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7,582.
Hodson v. The Queen - 2000-09-19
Tax Court of Canada JudgmentsHowever, I can deal only with the 1998 taxation year which is before me. [...] On the evidence the amounts were correctly calculated and this Court has no jurisdiction to cancel interest payments in the name of fairness.
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7,583.
Bains v. The Queen - 2000-08-28
Tax Court of Canada JudgmentsI do not however think that this would be a fair disposition of the appeals. [...] There were throughout the trial and, I should imagine, in dealing with the Department of National Revenue, linguistic problems as well as significant cultural differences.
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7,584.
United Parts of Florida Inc. v. Crawford - 1999-12-14
Federal Court Decisions[1] These reasons deal with the costs of a motion to permit the Department of National Defence (the "D.N.D.") to go aboard two destroyers, recently sold by the D.N.D., so the ships might be demilitarized. [...] [4] Subsequent to the sale by the D.N.D., either to Mr. Crawford or to the Plaintiffs, Mr. Crawford, on determining that there was still military equipment aboard, perhaps looked upon the windfall of the equipment as a means of recouping something of the fairly modest purchase price of $113,055.50 paid for each ship.
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7,585.
Fulljames v. The Queen - 1999-11-02
Tax Court of Canada JudgmentsHe was directly involved in its daily operating, financing and investing activities and it is fair to say that throughout, he effectively controlled its operations and was aware of its financial circumstances. [...] [11] The Appellant placed a good deal of emphasis on the issuance to him of 574,774 shares in 1995 and argued that they represented a return of the shares which he had loaned to Gold Ridge.
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7,586.
Kwong v. Canada (Minister of Citizenship and Immigration) - 1999-09-07
Federal Court Decisions[10] With regard to the applicant"s purchase of a condominium in Toronto, the respondent submits that the applicant had indicated to the immigration officer that it was purchased mainly as an investment, and the deal had not been completed. [...] [17] Fairness dictates that the applicant be given the chance to satisfy the immigration officer of the existence of the job offer she claimed to have received.
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7,587.
Nike Canada Ltd. v. Doe - 1999-06-22
Federal Court DecisionsCounsel pointed out that, in order to ensure fairness in the observations and executions, given the intrusive nature of Anton Piller orders, the costs of an investigator, a lawyer and a police officer were involved with related expenditures for preparation of service materials, travel costs and travel time and significant [...] [18] While these reasons have been prepared on file T-2027-97, they apply equally in respect of the other six files, dealing with Anton Piller matters, that were before the Court on the 19th of April, 1999, at Toronto.
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7,588.
Metwly v. Canada (Minister of Citizenship and Immigration) - 1998-06-12
Federal Court DecisionsThe Board dealt with the male applicant separately from the female applicant, and I shall accordingly deal with the male applicant first. [...] I have some reservations as to whether answers to a couple of questions, in fairly broad terms, constitute precise details.
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7,589.
Pancha v. Canada (Minister of Citizenship and Immigration) - 1997-12-01
Federal Court DecisionsThe visa officer concluded that the evidence was insufficient in each case, and I will deal with each in turn. [...] The letter from Mr. Kazi of March 29, 1996, can fairly be read to indicate that the Applicant served only as a technical advisor or consultant to the company's medical equipment division.
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7,590.
Firebolt Engine Installation v. Registrar of Trade-Marks - 1997-10-28
Federal Court DecisionsDealing specifically with this case, as I have indicated, the judicial review is taken from the decision of August 5, 1996. [...] While always having regard for fairness, courts and tribunals should also be mindful of cost and timeliness considerations in the conduct of proceedings before them.
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7,591.
De Leon v. Canada (Citizenship and Immigration) - 1996-12-16
Federal Court DecisionsThe P.D.R.C.C. regulations were enacted pursuant to the regulation making power set out in subparagraph 114(1)(e) of the Immigration Act. That sub-paragraph, in turn, relies upon ss. 6(5) of the Act which deals with landing in Canada on public policy or humanitarian and compassionate grounds. [...] Does an Immigration Officer conducting a review pursuant to the PDRCC regulations violate the principle of fairness as enunciated by the Federal Court of Appeal in Shah,7 when he or she considers documentary evidence about general country conditions not contained in the applicant's immigration file without advising the
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7,592.
Béké v. Canada (Citizenship and Immigration) - 2022 FC 1489 - 2022-10-31
Federal Court DecisionsHowever, the decision under review does not deal with what would have been a turbulent period in Côte d’Ivoire, involving Mr. Gbagbo, among others. [...] The applicant replied to the procedural fairness letter, providing a sworn statement from her and her spouse, in addition to various documents to support her position. [...] The issue here is whether the term as used in the Immigration Act is sufficiently certain to be workable, fair and constitutional.
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7,593.
Taypotat v. Taypotat - 2012 FC 1036 - 2012-08-30
Federal Court DecisionsThe Kahkewistahaw Election Act (the Election Act or Act) was validly enacted, and the process whereby the Election was held was fair and in compliance with the Election Act. [...] The Court added that the duty of fairness is flexible and variable and will depend on the context of the particular statute and the rights affected. [...] I also find that there has been no breach of the duty of fairness in coming to that decision.
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7,594.
Boily v. The Queen - 2007 TCC 603 - 2007-11-13
Tax Court of Canada Judgments(a) disposes of property for a consideration less than the fair market value of the property at the time of the disposition, or for no consideration, or [...] (b) acquires property for a consideration greater than the fair market value of the property at the time of the acquisition, [...] the fair market value of (c) the non-qualified investment at the time it was acquired by the trust, or
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7,595.
Cameco Corporation v. The Queen - 2018 TCC 195 - 2018-09-26
Tax Court of Canada JudgmentsQ. Why did this plan of the wholly-owned subsidiary getting the HEU and acquiring domestic uranium at fair market value make sense to you? [...] Any entity would be willing to give up a business opportunity as long as they are fairly compensated for giving up that opportunity. [...] Identifying the fair market value of a transaction between related corporations is the underlying principle in transfer pricing.
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7,596.
Anthony v. The Queen - 2010 TCC 533 - 2010-10-21
Tax Court of Canada JudgmentsWhere the fair market value can be determined, employers are instructed that the value of the benefit is based on the fair market value of the parking pass, less any payment the employee makes to use the space. [...] 48 Given the inherent fairness of this method of valuation, and the absence of objective evidence demonstrating that a fair market value based valuation is somehow inappropriate on the facts of this case, the Tax Court judge did not err by valuing the parking pass in the amount of its fair market value. [...] interpretation that has been placed on the same word in other provisions of the Act. For example, in Steen v. The Queen,[6] the Federal Court Trial Division held that the words “the value of the shares”, in paragraph 7(1)(a) of the Act (dealing with stock option benefits), referred to the fair market value of the shares.
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7,597.
Canada (Attorney General) v. Denfield Livestock Sales Limited - 2010 FCA 36 - 2010-02-03
Federal Court of Appeal Decisions180. Nul ne peut apposer ou faire apposer sur un animal ou une carcasse d’animal l’étiquette approuvée d’un autre animal ou d’une autre carcasse. [...] b) la personne a eu la possibilité de se faire entendre au sujet des faits reprochés avant l’expiration du délai indiqué dans l’avis. [...] All the Tribunal is saying is that it is easier to find such a nexus where one is dealing with the owner of the animal, who possesses the power and authority to move, or to cause the movement of, the animal from the farm or ranch.
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7,598.
Copello v. Canada (Minister of Foreign Affairs) - 2001 FCT 1350 - 2001-12-10
Federal Court DecisionsYou made comments that were inappropriate and your manner in dealing with the security and police personnel on site was less that satisfactory. [...] He claims that this loss of opportunity amounts to a breach of the duty of fairness. [...] [81] In the circumstances of this case, I conclude that the Applicant was not owed a duty of fairness and consequently, there was no breach of the duty of fairness.
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7,599.
Canada (Citizenship and Immigration) v. Williams - 1997-04-11
Federal Court of Appeal DecisionsThis report expressed a fairly positive opinion on Mr. Williams' "progress" since incarceration. [...] This may be easy in some cases where the decision is patently perverse, patently unlawful as dealing with matters outside the jurisdiction of the decision-maker, or explicable only on the assumption of bad faith. [...] I believe it is fair to assume that the requirements of "natural justice" are subsumed under the general category of "fairness", particularly in respect of an administrative decision such as this.
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7,600.
Treaty Land Entitlement Committee Inc. v. Canada (Indigenous and Northern Affairs) - 2021 FC 329 - 2021-04-23
Federal Court Decisions[16] It is fair to say that fulfilling the promises of the MFA has taken more time and effort than initially contemplated. [...] ...the treaty land entitlement agreements, seen in their proper historical context, reveal a genuine, bona fide desire, intention and commitment on the part of Canada—consistent with its obligations of honourable conduct, reconciliation and fair dealing with Aboriginal peoples—to engage in a process to rectify Canada’s [...] In Goodswimmer, a case dealing with another TLE agreement, the Alberta Court of Appeal stated that “[l]egal rules or approaches to the interpretations of settlement agreements should not be set in a way that acts as a disincentive to governments to settle such claims” (at paragraph 47).