11,309 result(s)
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751.
State Farm Mutual Auto Insurance Co. v. The Queen - 2003-01-30
Tax Court of Canada Judgments- providing assistance to the insured in dealing with the loss; and - paying the claim. [...] Neither the CRO nor head office deals directly with customers nor do they sell policies. [...] Apart from small claims handled by agents directly, the CRO deals with all claims, including litigation.
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752.
Piché v. Canada (Attorney General) - 2008 FC 114 - 2008-01-31
Federal Court DecisionsCommission to deal with complaint 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 [...] [38] The Commission has a certain degree of expertise in dealing with human rights complaints. [...] By justice, I refer to procedural fairness, the achieving of the correct result in individual cases and the broader perception that the process as a whole achieves results which are consistent, fair and accurate.
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753.
Insalaco v. M.N.R. - 1998-03-23
Tax Court of Canada Judgments(a) related persons shall be deemed not to deal with each other at arm's length; and [...] On behalf of the appellant stress was also laid on the admitted fact that the consideration flowing from Orchan represented fair market value. [...] The dealings of the parties are not consistent with the object and spirit of the provisions of the law and they do not demonstrate a fair participation in the ordinary operation of the economic forces of the market place[9].
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754.
Gordillo v. Canada (Attorney General) - 2022 FCA 23 - 2022-02-09
Federal Court of Appeal DecisionsThese include, in paragraph 24(1)(f), that there is “a valid reason for not dealing with the subject-matter of the ... investigation.” [...] • (b) Did the Commissioner fail to provide the appellants procedural fairness? [...] B. Did the Commissioner fail to provide the appellants procedural fairness?
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755.
TPG Technology Consulting Ltd. v. Canada - 2014 FC 933 - 2014-10-02
Federal Court DecisionsTPG’s position with respect to the breach of contract claim is much weaker since the obligations of the contract that TPG argues existed between itself and the Crown consist almost entirely of the duty to deal fairly. [...] Q. It's fair for me to say in that a relevant metric is a relevant metric? [...] THIS COURT’S JUDGMENT is that the action is dismissed, and the Court retains jurisdiction to deal with costs.
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756.
Boucher v. Canada (Attorney General) - 2006 FC 1342 - 2006-11-08
Federal Court Decisions[17] When dealing with the issue of bias, the Appeal Division and the NPB are not required to refer to jurisprudence. [...] I believe that in the interest of procedural fairness the NPB has a duty, to at least some extent in the pre-release hearing and more so as in the case at hand when it is dealing with an applicant that has a correctional history that goes back close to 30 years, to raise issues not addressed by the applicant or their [...] the Tribunal must listen fairly to both sides, giving the parties to the controversy a fair opportunity “for correcting or contradicting any relevant statement prejudicial to their views”.
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757.
Eyeball Networks Inc. v. Canada - 2021 FCA 17 - 2021-01-29
Federal Court of Appeal Decisions... [...] (c) a person with whom the person was not dealing at arm’s length, [...] 3. The transferee must be a person with whom the transferor was not dealing at arm’s length or to an otherwise designated transferee; [...] 4. The fair market value of the property transferred must exceed the fair market value of the consideration given by the transferee for the property.
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758.
Monge Monge v. Canada (Public Safety and Emergency Preparedness) - 2009 FC 809 - 2009-08-10
Federal Court Decisions[12] The cases which deal with inadmissibility due to criminality touch upon a number of issues including: [...] Much of the case deals with procedural fairness, which is not in issue before me. [...] [29] In Spencer, Mr. Justice Blais, was dealing with a permanent resident who was not a refugee.
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759.
Yellowknives Dene First Nation v. Canada (Attorney General) - 2010 FC 1139 - 2010-11-12
Federal Court Decisions[34] North Arrow clearly wished to deal with only one point of contact with the Aboriginal people rather than dealing with both Bands but that was not possible. [...] [37] A day later, Mr. Slack attempted to deal with Mr. Clarke’s concerns, underlined that the agreement was in draft and that the Band was prepared to be flexible enough to deal with both large and small companies. [...] Any offending paragraphs such as those dealing with legal issues can be easily ignored (and were) by this Court.
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760.
Sosa Trujillo v. Canada (Citizenship and Immigration) - 2021 FC 438 - 2021-05-12
Federal Court Decisions[7] First, in dealing with the arguments raised in the initial memorandum, the RAD ruled that the RPD did not breach the principles of procedural fairness and that its finding of non-credibility was based on the evidence. [...] In the absence of such evidence, members of administrative tribunals, like judges, are presumed to have acted fairly and impartially. [...] (A) Whether the RPD breached the principles of natural justice and procedural fairness.
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761.
Islam v. Canada (Citizenship and Immigration) - 2014 FC 948 - 2014-10-08
Federal Court Decisionsa) Did the tribunal breach the principle of procedural fairness in refusing to deal with the objections made by counsel for the applicant at the hearing? [...] A. Did the tribunal breach the principles of procedural fairness in refusing to deal with the objections made by counsel for the applicant at the hearing? [...] [17] The applicant argued that the tribunal breached the principles of natural justice in not dealing with the objections made by his counsel at the hearing.
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762.
Mathieu c. La Reine - 2004 TCC 135 - 2004-06-28
Tax Court of Canada Judgments(c) a person with whom the person was not dealing at arm's length, the following rules apply: [...] (c) a person with whom the transferor was not dealing at arm's length. [...] The Appellant's counsel put a good deal of emphasis on the argument that consideration was given for the transfer.
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763.
Canadian Imperial Bank of Commerce v. The Queen - 2011 TCC 568 - 2011-12-21
Tax Court of Canada Judgments[22] It is to be noted that Iacobucci J. was dealing only with fines or penalties, not damages or settlement sums. [...] 6. Prejudice or Delay of Fair Hearing (Rule 53(a)): Rule 53(a) describes the possibility of a matter being prejudged or prejudiced due to the delay of a fair hearing. [...] 8.3.2. material terms of the transactions were deliberately kept out of the written deal documents;
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764.
St-Pierre v. Canada (Attorney General) - 2018 FC 1065 - 2018-10-23
Federal Court Decisions[35] The standard of correctness applies to questions of procedural fairness. [...] [81] Finally, I will turn to the arguments relating to procedural fairness. [...] Consequently, the PBC did not breach procedural fairness by not holding a hearing.
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765.
Jack v. Wildcat - 2024 FC 1 - 2024-01-02
Federal Court DecisionsThe Minister stated that the argument regarding interlineations in the Will is not a relevant consideration under section 46 of the Act, but should instead have been raised under section 45 of the Act, which deals with formal validity of a will. [...] [44] Subsection 42(1) and section 43 of the Act provide the Minister with the ability to deal with applications to void a will: [...] [96] Some jurisprudence deals solely with the question of a right of reply without a detailed discussion of the degree of procedural fairness required in the circumstances.
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766.
Brown v. Canada (Citizenship and Immigration) - 2012 FC 1305 - 2012-11-08
Federal Court DecisionsThe Applicant submits that he was denied a fair hearing due to the incompetence of his immigration consultant, and this amounts to a breach of procedural fairness. [...] If the Applicant chooses to hire an immigration consultant rather than a member of the immigration bar, he has to deal with the consequences. [...] In the same vein, the Applicant is also responsible for the choices he made in dealing with his counsel.
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767.
Litmar Ltd. v. Canada (Minister of National Revenue) - 2006 FC 635 - 2006-05-24
Federal Court Decisions[9] According to Mr. Little, the event which explains the demise of Litmar was a business deal that went sour. [...] He submits that the Court has no jurisdiction to deal with the validity of the tax assessment issued to Mr. Little pursuant to s. 323 of the Act. Thus, the Court should only deal with the applicant's arguments relating to the decisions not to waive the interest and the penalties. [...] The applicants raise no issue involving a breach of natural justice or procedural fairness or an error of law.
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768.
Sarrazin c. La Reine - 2014 TCC 127 - 2014-04-30
Tax Court of Canada Judgments(f) On April 16, 2010, the property’s fair market value was $60,144; [...] (ii) the transferor and the transferee are not dealing at arm’s length; [...] [16] There is no doubt that Roch Sarrazin and the appellant were not dealing with each other at arm’s length when the property was transferred pursuant to the sale agreement as they were related by blood.
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769.
Shepp v. The Queen - 1999-01-25
Tax Court of Canada JudgmentsHowever, he said that once the MLH deal was in place, oppression was no longer an issue. [...] (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, or [...] We are dealing here with a going concern which is valuable only because of the goodwill of its controlling shareholder.
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770.
Canada (Public Safety and Emergency Preparedness) v. Shen - 2018 FC 636 - 2018-06-20
Federal Court DecisionsHe was, however, satisfied that it was appropriate to deal with Mr. Shen’s application insofar as it related to the alleged breach of the Minister’s duty of candour and the abuse of process. [...] [45] Mr. Shen acknowledges that he had previously sought judicial review of an interlocutory decision of the Board dealing with the issue of abuse of process and that Justice Fothergill was prepared to deal with the issue. [...] The errors attributed to the Board include an alleged breach of procedural fairness, and the assertion that the decision is unreasonable and legally flawed.
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771.
McCormick v. Canada (Minister of Health) - 2005 FC 754 - 2005-05-26
Federal Court DecisionsSection 11 of the Act does not deal with wage differences within the same gender. [...] [13] In the alternative, should the Court not be satisfied that the two groups are in the same establishment, the matter should be referred back to the Commission for redetermination on the grounds that procedural fairness was not followed in that the Commission did not take into account a great deal of the material [...] There was no breach of procedural fairness on the part of the Commission.
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772.
Tootoosis v. Poundmaker Cree Nation #345 - 2024 FC 1171 - 2024-07-25
Federal Court DecisionsWas the Decision to suspend and remove the Applicant procedurally fair? [...] B. Was the Decision to suspend and remove the Applicant procedurally fair? [...] This is particularly so given there is no appeal process in place at PCN to deal with decisions of suspension and removal.
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773.
Grover v. Canada (Attorney General) - 2010 FC 320 - 2010-03-19
Federal Court Decisions[8] In March 1994, the Applicant submitted a fourth complaint to the Commission, dealing with incidents between July 1992 and March 1994. [...] I shall therefore deal with them as they have been framed and understood by both parties: [...] To begin with, it is apparent that the parties have been dealing with the issues of this case in an adversarial manner for more than a decade and a half.
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774.
Public Service Alliance of Canada v. Canada (Treasury Board) - 2005 FC 1297 - 2006-06-22
Federal Court Decisions41. (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 [...] Commission may decline to deal with complaint 43. (1) The Commission may designate a person, in this Part referred to as an "investigator", to investigate a complaint. [...] [56] There is no doubt that, as a general principle, the duty of fairness does not require that reasons be provided for administrative decisions, even if their usefulness in ensuring fair and transparent decision-making has often been emphasized.
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775.
Cameron v. Canada (Indian Affairs and Northern Development) - 2012 FC 579 - 2012-05-16
Federal Court Decisions[Part II deals with original membership, Part III and IV deals with discretionary membership and Part V deals with loss of membership.] [...] [Part VIII deals with the amendment procedure of the Membership Rules and Part IX deals with the coming into force.] [...] As stated in Laboucan v Little Red River Cree Nation No 447, above, at paragraph 36 and in Sparvier v Cowessess Indian Band, [1993] 3 FC 142 at paragraphs 47-48, Band councils must respect due process and procedural fairness in their dealings with individual members.