11,309 result(s)
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776.
TPG Technology Consulting Ltd. v. Canada - 2011 FC 1054 - 2011-09-07
Federal Court DecisionsThe tort claims could not have been raised before the CITT, for the CITT clearly does not have the jurisdiction to deal with them. [...] TPG’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. [...] [70] The Crown takes the position that the procurement process was conducted fairly and transparently.
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777.
Restrepo Benitez v. Canada (Citizenship and Immigration) - 2007 FCA 199 - 2007-05-25
Federal Court of Appeal DecisionsThe present reasons deal with the issues raised in the consolidated appeals about the validity of Guideline 7 which were not raised in Thamotharem. [...] Nonetheless, I shall deal briefly in these reasons with the arguments made in the appeals which raised non-Guideline 7 issues. [...] Although these did not include the paragraphs dealing with the non-Guideline 7 issues, I shall, nonetheless, address them briefly on the basis of the parties’ written submissions.
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778.
Sanderson v. Canada (Attorney General) - 2006 FC 447 - 2006-04-06
Federal Court DecisionsHowever, the grounds which are, in my view, dispositive of this application all relate to matters of procedural fairness. [...] Rather, the task for the Court is to determine whether the process followed by the Commission satisfied the level of fairness required in all of the circumstances. [...] However, in making this determination, the process followed by the Commission must be fair.
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779.
Mudalige Don v. Canada (Citizenship and Immigration) - 2013 FC 1 - 2012-01-03
Federal Court Decisions[16] The parties have not referred the Court to any case law dealing with the scope of the delegate’s duty of procedural fairness in the context of a removal order based on the grounds that a foreign national is inadmissible under section 41 of the Act for failing to comply with subsection 184(1) of the Regulations. [...] 5.1. Procedural fairness The principles of procedural fairness apply to the exercise of the powers of the Minister’s [...] In this context, procedural fairness includes the right of persons affected by a
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780.
Balogun v. Canada - 2009 FC 407 - 2009-04-23
Federal Court DecisionsFairness [71] Dr. Balogun submits that the CHRC failed to investigate his complaint fairly. [...] Procedural Fairness Issues [133] I have reviewed each of the procedural fairness issues raised by Dr. Balogun against a standard of correctness. [...] 54. The complainant was asked to advise the respondent in writing how he would deal with his debt issue.
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781.
Watchmaker v. Kehewin Cree Nation #466 - 2022 FC 909 - 2022-06-16
Federal Court DecisionsThis fact alone elevates, and by a significant degree, the procedural fairness owed to them. [...] [31] Again, in view of my disposition of this case, it is not necessary to deal with this submission. [...] [32] The Applicant submits the following breaches of procedural fairness:
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782.
Lac D'Amiante du Canada Ltée v. The Queen - 1999-03-23
Tax Court of Canada JudgmentsCalculation of fair market value Canadian properties distributed to U.S. shareholder [...] were not dealing with each other at arm’s length: they were both subsidiaries of Old LAQ. Under section 69 of the Act, any person who has disposed of property to another person with whom the person was not dealing at arm’s length is deemed to have received consideration equal to the fair market value of the property. [...] In his assessment, the Minister acknowledged that the total fair market value of the “Exploration Properties” was $9,500,000, that the fair market value of the mill, machinery and equipment was $1,383,318 and that the fair market value of the current assets was $2,019,452.
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783.
Larochelle v. Canada - 2005 FCA 88 - 2005-03-02
Federal Court of Appeal DecisionsThat transfer between persons not dealing at arm's length brought him within the scope of section 160 of the Income Tax Act, making the recipient and the transferor jointly and severally liable to pay an amount equal to the amount by which the fair market value of the property at the time it was transferred exceeds the fair [...] [5] The method of determining the fair market value of the share which was adopted by the judge is the empirical method that was used by both expert witnesses. [...] [8] The Court accordingly cannot conclude that the method he used to arrive at the fair market value of the transferred share and the amount determined for that value are vitiated by any palpable and overriding error that would warrant its intervention.
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784.
Bin v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 489 - 2002-04-29
Federal Court DecisionsYou travelled a great deal to Japan and China, which made you 575 days short of the residency requirement. [...] I found a great deal of discrepancy concerning your absences outside of Canada. [...] The Citizenship Judge did not, in this case, breach the rules of procedural fairness.
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785.
Vennat v. Canada (Attorney General) - 2006 FC 1008 - 2006-08-23
Federal Court DecisionsMichel Vennat made a great deal of effort to meet the deadline that was imposed on him. [...] [190] To summarize, it is my opinion that the Governor in Council did not deal with the applicant in a transparent manner, in accordance with fair play. [...] On a broader scale, I believe that the applicant was entitled to participate in a transparent forum and to deal with a decision-maker who played fair.
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786.
Girouard v. Canada (Attorney General) - 2002 FCA 224 - 2002-05-29
Federal Court of Appeal Decisionsà un concours interne, tout candidat non reçu peut, dans le délai fixé par règlement de la Commission, en appeler de la nomination devant un comité chargé par elle de faire une enquête, au cours de laquelle l'appelant et l'administrateur général en cause, ou leurs représentants, ont l'occasion de se faire entendre. [...] 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 [...] (2) Was the extra time fair to the other candidates? (3) Would Girouard's disability mean more time was needed by her?
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787.
Ghazi v. Canada (National Revenue) - 2019 FC 860 - 2019-06-25
Federal Court DecisionsIn arriving at her Decision, the Assistant Director failed to observe principles of natural justice and procedural fairness. [...] Does the federal Court have jurisdiction to deal with the matter raised in the application for judicial review? [...] In the present application, Mr. Ghazi is alleging that he was not treated fairly or courteously.
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788.
Kamara v. Canada (Citizenship and Immigration) - 2011 FC 243 - 2011-03-01
Federal Court Decisions162.(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. [...] At the hearing, the member deals with the issues of the language of the proceeding and the need for an interpreter at the same time. [...] No provision of the Act deals specifically with the assistance of an interpreter.
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789.
Monemi v. Canada (Solicitor General) - 2004 FC 1648 - 2004-11-24
Federal Court Decisions[18] In Majerbi v. Canada (M.C.I.), [2002] F.C.J. No. 1145 and in Zolotareva, the Court was dealing with decisions made on H & C applications by PRRA officers. [...] The officer deciding the H & C application considered the decision of the officer dealing with the PRRA application before it was sent to the applicant. [...] [36] I shall deal first with the third point raised by the applicant.
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790.
Klotz v. The Queen - 2004 TCC 147 - 2004-02-13
Tax Court of Canada Judgments[25] It is unnecessary for me to deal at any greater length with the donor. [...] I excluded the portion of his report dealing with Mr. Woltjen's report and I shall say nothing more about Mr. Woltjen. [...] In light of the conclusion I have reached, it is not necessary for me to deal with the question.
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791.
Deng v. Canada (Citizenship and Immigration) - 2007 FC 943 - 2007-09-20
Federal Court Decisions5. Fairness of Hearing. Was the hearing of March and June 2005 conducted fairly? [...] We are dealing here with the powers of an administrative tribunal in relation to its procedures. [...] 5. FAIR HEARING [35] Deng argues that, all in all, he did not get a fair hearing.
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792.
Standard Life Assurance Company of Canada v. The Queen - 2015 TCC 97 - 2015-04-20
Tax Court of Canada JudgmentsIn simple terms an immigrant into Canada is treated as if his property were disposed of at fair market value before entering Canada and such property is assigned a cost base equal to such fair market value for Canadian tax purposes going forward. [...] The immigrant is deemed to dispose of his property before residing in Canada at fair market value and acquires a Canadian cost base for such property at such fair market value. [...] However, the Treaty requires in paragraph 5 dealing with reinsurance premiums, that:
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793.
Temate v. Canada (Attorney General) - 2018 FC 1004 - 2018-10-05
Federal Court Decisions[4] On August 23, 2017, the Commission rendered a decision in which it refused to deal with the 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 [...] [18] The allegation of bias falls under procedural fairness. The Federal Court of Appeal recently ruled that matters of procedural fairness do not necessarily lend themselves to an analysis in relation to a standard of review.
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794.
Univar Holdco Canada ULC v. Canada - 2017 FCA 207 - 2017-10-13
Federal Court of Appeal DecisionsThe adjusted cost base (ACB) of the shares of Univar Canada was $10,000, the paid-up capital (PUC) of these shares was approximately $911,729 and the fair market value of these shares was approximately $889,000,000. [...] (ii) the fair market value of the consideration described in paragraph 212.1(1)(a), [...] If shares of a Canadian corporation with an accumulated surplus are sold by a non-resident vendor to another Canadian corporation with whom that vendor is dealing at arm’s length, section 212.1 of the ITA does not apply.
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795.
Panacci v. Canada (Attorney General) - 2010 FC 114 - 2010-02-03
Federal Court DecisionsThere was no question raised as to the Commission’s true jurisdiction to deal with the Applicant’s complaint. [...] There has never been any serious challenge to the Commission’s jurisdiction to deal with the case. [...] [59] Most fundamentally, the Commission carried out a full, fair and thorough investigation.
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796.
Marcel Colomb First Nation v. Colomb - 2016 FC 1270 - 2016-11-15
Federal Court DecisionsSuch further and other relief as this Honourable Court may deem fair and just in the circumstances [...] [110] The most basic elements of natural justice and procedural fairness were ignored in this case. [...] The MCC point to several such “flaws” and I will deal with each in turn.
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797.
Tazehkand v. Bank of Canada - 2023 FCA 208 - 2023-10-12
Federal Court of Appeal Decisions[21] In response to Dr. Tazehkand’s procedural fairness arguments, the Federal Court noted that disagreement with the results of an investigation is not a procedural fairness argument. [...] VII. Was Dr. Tazehkand Denied Procedural Fairness in the Commission Process? [...] The Commission thus cannot be faulted for dealing with Dr. Tazehkand’s human rights complaint when it did, and he was not denied procedural fairness in this regard.
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798.
Daley v. Canada (Attorney General) - 2016 FC 1154 - 2016-10-17
Federal Court Decisions2. Did the OPC breach the rules of natural justice and its duty of fairness toward the applicant? [...] B. Did the OPC breach the rules of natural justice and its duty of fairness toward the applicant? [...] [46] The characterization of the legal proceedings by the OPC as “damages arising out of business dealings” is misleading.
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799.
Lukács v. Canada (Canadian Transportation Agency) - 2015 FCA 269 - 2015-11-27
Federal Court of Appeal Decisions2. Did the Agency breach its duty of procedural fairness? VI. Standard of Review [...] B. Procedural Fairness [41] The appellant submits that the Agency breached its duty of procedural fairness when it ordered him to redact the majority of his March 26, 2014 submissions. [...] [46] Regulation (EC) No. 261/2004 deals with compensation to be paid to passengers in the event they are denied boarding.
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800.
Harkat (Re) - 2011 FC 75 - 2011-01-21
Federal Court DecisionsIf a question arises on the facts of a case before an applications judge, it is the judge's duty to deal with it. [...] - Questions that the Court did not deem necessary to deal with. Analysis [...] Hence, as this Court did not find it necessary to deal with this question, it is not a proper question for certification.