11,312 result(s)
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7,726.
Charalampis v. Canada (Citizenship and Immigration) - 2009 FC 1002 - 2009-10-02
Federal Court DecisionsIf you wish to appeal the decision on “Vacation of their Status” you will have to deal with the Federal Court. [...] Fairness to parties and the court of tribunal under review dictates such a limitation. [...] (3) Celle de la personne se trouvant au Canada se fait à l’agent et est régie par la présente partie; toutefois la personne visée par une mesure de renvoi n’est pas admise à la faire.
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7,727.
Ali v. Canada (Citizenship and Immigration) - 2009 FC 993 - 2009-10-01
Federal Court DecisionsBecause of the voluminous material filed in support of the stay, the fact the Respondent had filed a written response on the morning of September 22, 2009, which the Court had only scanned briefly and counsel for the Applicant had not seen and the time constraints surrounding his removal, fairness dictated the issuance of [...] • [27] The new travel arrangements, made on behalf of the Minister, drew a response from Mr. Ali in the form of an affidavit, dated September 24, 2009, sworn by Mr. Abdirahman Ali. He touched on a number of points some of which deal with the new travel arrangements. [...] • [37] I see, at least, the following serious issues as being fairly arguable arising from the Enforcement Officer’s decision.
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7,728.
Sherle v. The Queen - 2009 TCC 377 - 2009-07-24
Tax Court of Canada Judgments(iii) disposed of it at that later time for proceeds equal to its fair market value at that later time, and [...] (iv) immediately thereafter reacquired it at a cost equal to that fair market value; [...] · Everything is done at fair market value without tax consequence, and actual transfers of land need never be registered.
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7,729.
Sproule v. Canada Post Corporation - 2008 FC 29 - 2008-01-09
Federal Court DecisionsThese reasons deal with her application for judicial review of that Decision. [...] [49] In my view, these issues all raise questions of procedural fairness on which no deference is owed. [...] In these circumstances, the duty of fairness was met without the preparation of a final report.
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7,730.
Doumbouya v. Canada (Citizenship and Immigration) - 2007 FC 1186 - 2007-11-15
Federal Court Decisions[61] Accordingly, there is no need to deal with this excerpt on this application. [...] An oral hearing is not always necessary to ensure a fair hearing. The applicant must have a meaningful opportunity to present the various types of evidence relevant to his or her case and have it fully and fairly considered. [...] The caselaw of this Court is consistent that an interview is not required to ensure procedural fairness in processing applications for visa exemptions for humanitarian considerations . . .
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7,731.
Canada (Public Safety and Emergency Preparedness) v. Welch - 2006 FC 924 - 2006-07-26
Federal Court Decisions[27] In my view, this is a question of procedural fairness for which there is no need to proceed to a pragmatic and functional analysis to determine the standard of review to be applied. [...] [29] The Court agrees with the statement made by Justice Pierre Blais in Canada (Minister of Citizenship and Immigration) v. Sittampalam, [2004] F.C.J. No. 2152 (QL), 2004 FC 1756, that the threshold set out by the Court of Appeal in Thanabalsingham, above, is a fairly low one which will depend on the circumstances of each [...] (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.
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7,732.
Filgueira v. Garfield Container Transport Inc. - 2006 FC 785 - 2006-06-19
Federal Court DecisionsI may well never have had to hear this application but now I must deal with it as it is. [...] It is within the discretion of the Tribunal to determine whether such an objective can be fairly achieved in the absence of providing, in whole or during part of the process, translation services into a language other than an official language, at taxpayer's expense, to one or more of the parties. [...] In the circumstances of the case now under review the Tribunal made a fair and reasonable determination as to provision of interpretation services and committed no reviewable error in that regard.
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7,733.
Kanendra v. Canada (Minister of Citizenship and Immigration) - 2005 FC 923 - 2005-06-30
Federal Court DecisionsThe issue here is whether the term as used in the Immigration Act is sufficiently certain to be workable, fair and constitutional. [...] Therefore, the facts in this case are not limited to the actions of a child; a good part deals with time spent by Mr. Kanendra as an adult. [...] [...] [26] Provided the Applicant had full access to his rights under IRPA, and was not prevented from raising the s. 34(2) exemption, there could be no breach of procedural fairness.
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7,734.
Peddle v. The Queen - 2004 TCC 226 - 2004-03-19
Tax Court of Canada Judgments(B) there are no other differences between the terms and conditions of the classes of shares that could cause the fair market value of a share of the particular class to differ materially from the fair market value of a share of the other class, [...] [26] Before I deal with the next issue, I believe a few comments are necessary in respect to two of the Respondent's assumptions. [...] . . . when the doctrine of constructive receipt is not clearly involved, because the taxpayer had no entitlement to the payment being made or the property being transferred, it is fair to infer that subsection 56(2) may receive application only if the benefit conferred is not directly taxable in the hands of the transferee.
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7,735.
Manitoba Assn. of Native Fire Fighters Inc. v. Perswain - 2003 FCT 364 - 2003-03-27
Federal Court DecisionsThe applicant submits that the adjudicator breached his duty of fairness and acted outside any statutory power when he based his decision concerning the award on a finding of fact not supported by evidence. [...] 241. (1) La personne congédiée visée au paragraphe 240(1) ou tout inspecteur peut demander par écrit à l'employeur de lui faire connaître les motifs du congédiement; le cas échéant, l'employeur est tenu de lui fournir une déclaration écrite à cet effet dans les quinze jours qui suivent la demande. [...] I am of the opinion that the adjudicator was correct in his conclusion and therefore, he had jurisdiction to deal with the case.
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7,736.
Trzop v. Canada - 2001 FCA 380 - 2001-12-06
Federal Court of Appeal Decisions... le contribuable peut faire opposition à la cotisation ou au montant déterminé dans les 90 jours suivant la date de mise à la poste de l'avis de cotisation ou de l'avis portant qu'un montant a été déterminé seulement dans la mesure où il est raisonnable de considérer que les motifs d'opposition sont liés à l'une des [...] [18] The Supreme Court ruled on a very narrow issue, which was whether interest on the debt came within the scope of subsection 20(14) of the Act. On a fair reading of the reasons, the Supreme Court first ruled that the transaction came within subsection 20(14) but then acknowledged that this result may have other tax [...] It is far from clear that the Bill of Rights has any application to income tax disputes but in any event, the issues in this case have been heard before every level in the Canadian judicial system that deals with such disputes.
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7,737.
Mihalicz v. Royal Bank of Canada - 1998-12-21
Federal Court Decisions(3) The Minister may extend the period of time referred to in subsection (2) where the Minister is satisfied that a complaint was made in that period to a government official who had no authority to deal with the complaint but that the person making the complaint believed the official had that authority. [...] 4. The adjudicator failed to observe principles of natural justice, procedural fairness, and other procedures that the adjudicator was required by law to observe, as per the reasons set out above. [...] [32] Finally, this Court finds that far from patently unreasonable, the adjudicator's performance of her duties, her decision and order are all eminently fair and reasonable.
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7,738.
Walby v. The King - 2023 TCC 164 - 2023-12-13
Tax Court of Canada Judgments(a) the amount of the advantage does not exceed 80% of the fair market value of the transferred property; or [...] [51] Subsections 248(30) to (41) are interrelated and provide a framework for dealing with gifts with an advantage. [...] An inflated receipt has no fair market value (citing Castro v R, 2015 FCA 225).
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7,739.
Preventous Collaborative Health v. Canada (Health) - 2023 FC 791 - 2023-06-06
Federal Court Decisions[28] Notwithstanding the order in which the parties addressed the issues, I will deal with the issue related to relevance first. [...] Having failed to do so, I find the parties were denied procedural fairness. [...] However, this denial of procedural fairness is immaterial to the outcome of this appeal in light of my determination regarding the relevance of the Requested Documents.
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7,740.
Tk'emlúps te Secwépemc First Nation v. Canada - 2021 FC 988 - 2021-09-24
Federal Court DecisionsA great deal of work had been undertaken to prepare this matter for trial. [...] [74] For the above reasons, I have concluded that the settlement agreement is fair, reasonable, and in the best interests of the Survivor Class and Descendant Class. [...] The best that can be done is to have a fair and reasonable settlement of the litigation.”
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7,741.
Stephenson v. Canada (Citizenship and Immigration) - 2011 FC 932 - 2011-07-26
Federal Court Decisions(1) Did the Officer breach the duty of procedural fairness by failing to disclose certain country conditions documents and by failing to provide the applicant with an opportunity to comment on those documents? [...] (1) Did the Officer breach the duty of procedural fairness by failing to disclose certain country conditions documents and by failing to provide the applicant with an opportunity to comment on those documents? [...] His family emphasized in a number of letters that the applicant depended on them a great deal.
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7,742.
Lee v. Canada (Citizenship and Immigration) - 2011 FC 617 - 2011-05-26
Federal Court DecisionsWould he think that it is more likely than not that [the decision-maker], whether consciously or unconsciously, would not decide fairly." [...] It would not be realistic or practical to believe that a judge would not fairly decide the next case argued by the same counsel. [...] [26] Any issue of procedural fairness, including adequacy of reasons, will be reviewed on a standard of correctness.
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7,743.
Canadian Broadcasting Corporation v. Canada (Information Commissioner) - 2010 FC 954 - 2010-09-24
Federal Court Decisions[5] The Information Commissioner received 16 complaints from individuals whose access requests were refused by the CBC. The Commissioner initiated an investigation to deal with the complaints. [...] f) d’examiner ou de se faire remettre des copies ou des extraits des livres ou autres documents contenant des éléments utiles à l’enquête et trouvés dans les locaux visés à l’alinéa d). [...] f) d’examiner ou de se faire remettre des copies ou des extraits des livres ou autres documents contenant des éléments utiles à l’enquête et trouvés dans les locaux visés à l’alinéa d).
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7,744.
Canada v. Vandal - 2010 FC 87 - 2010-01-27
Federal Court DecisionsThis application for judicial review deals only with that part of the officer’s decision which concerns his authority. [...] (2) L’employé ne peut invoquer le présent article pour refuser d’utiliser ou de faire fonctionner une machine ou une chose, de travailler dans un lieu ou d’accomplir une tâche lorsque, selon le cas : [...] a) d’au moins un membre du comité local, ce membre ne devant pas faire partie de la direction;
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7,745.
Rana v. Canada (Citizenship and Immigration) - 2010 FC 36 - 2010-01-12
Federal Court DecisionsThe Supreme Court has determined that, when dealing with mootness, underlying rationales of the mootness doctrine must be considered. [...] Procedural Fairness [38] The Applicant’s affidavits clearly state that he is homosexual. [...] Such an assessment was in error because the evidence could not fairly be dismissed without an oral interview.
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7,746.
Kozak v. Canada (Minister of Citizenship and Immigration) - 2006 FCA 124 - 2006-03-27
Federal Court of Appeal Decisions[20] Mr James noted in this e-mail that he had suggested a similar strategy to deal with Czech Roma claims and expressed disappointment that it had not been acted upon. [...] The independence of the Board, its adjudicative procedure and functions, and the fact that its decisions affect the Charter rights of claimants, indicate that the content of the duty of fairness owed by the Board, including the duty of impartiality, falls at the high end of the continuum of procedural fairness. [...] [66] Parties are not normally able to complain of a breach of the duty of procedural fairness by an administrative tribunal if they did not raise it at the earliest reasonable moment.
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7,747.
Fishing Lake First Nation v. Paley - 2005 FC 1448 - 2005-10-26
Federal Court DecisionsThe Adjudicator specifically retains his jurisdiction to deal with any disputes directly arising out of the terms of the above Order. [...] [...] b) faire prêter serment et recevoir des affirmations solennelles; [...] [...] b) faire prêter serment et recevoir des affirmations solennelles;
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7,748.
Beatty v. Canada (Attorney General) - 2003 FC 1029 - 2003-09-05
Federal Court Decisions11. Le burearu doit faire un recensement du Canada, sous la direction du Ministre, à une date du mois de juin mil neuf cent onze, à être déterminée par le gouverneur en conseil, et tous les dix ans ensuite. [...] 36. Le recenseur est tenu de faire toutes les entrées dans les tableaux avec une encre de bonne qualité, et chaque nom, mot, chiffre ou marque devra être clair et lisible. [...] e) faire connaître les archives, notamment par des publications, des expositions et des prêts;
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7,749.
Bélanger v. M.N.R. - 2005 TCC 36 - 2005-01-11
Tax Court of Canada JudgmentsOnly the father not dealing at arm's length with his son creates this situation. [...] Only the father not dealing at arm's length with his son creates this situation. [...] The first fact was that the company had a fairly large turnover during the unpaid periods.
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7,750.
Aliaj v. Canada (Immigration, Refugees and Citizenship) - 2022 FC 1325 - 2022-09-23
Federal Court DecisionsThe Applicants made a claim for refugee protection because of their fear that they would not be able to receive protection from the police in Albania if they were attacked by an individual and/or his associates who are connected with drug dealing and criminal activity in Albania. [...] [18] Lastly, the Applicants argue that the RPD breached fairness by not asking Mr. Aliaj why he had not provided objective evidence to corroborate his testimony.