11,309 result(s)
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801.
Canadian Union of Postal Workers v. Healy - 2003 FCA 380 - 2003-10-16
Federal Court of Appeal DecisionsDismissal grievances and all grievances in any way related to dismissal, including those grievances dealing with previous or progressive discipline. [...] the agreement between CUPW and Canada Post prioritizing the processing of pre-1992 grievances was a reasonable way to deal with the huge backlog problem and that CUPW's failure either to resolve Mr. Healy's grievances, or to schedule an arbitration hearing, did not constitute a breach of its duty of fair representation. [...] It has no rational connection with whether the union had failed to represent Mr. Healy fairly.
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802.
Immeubles Chal Inc. v. The Queen - 1998-07-20
Tax Court of Canada Judgments[4] Only the value set by the Minister in making the assessment was in dispute, the appellant contending that the fair market value of the property at the time of the sale did not exceed $360,000. [...] [6] In his appraisal report the respondent's expert witness Mr. Laberge, preferring the income approach, set the fair market value of the property at July 7, 1992 at $467,000. [...] Laberge and Furlong set the fair market value of the land by itself at $84,000 and $82,000 respectively.
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803.
Anderson v. Tait-Reaume - 2022 FC 1382 - 2022-10-06
Federal Court Decisions[61] I will deal with reasonableness in the next following portion of these Reasons. [...] [63] The Applicant submits the following breaches of procedural fairness: [...] The Respondent’s on the EAC took issue with a “deal” taking place and being advertised for the first time allegedly during an election “black out” period, thereby engaging in corrupt practices.
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804.
Schreiber v. Canada (Attorney General) - 2007 FC 618 - 2007-06-11
Federal Court DecisionsIt held that the Applicant’s surrender to Germany would not offend the Canadian sense of what is fair, right and just. [...] (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe; [...] The Applicant obviously recognized the Ontario Court of Appeal’s jurisdiction to deal with these matters.
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805.
Rodriguez Vieira v. Canada (Citizenship and Immigration) - 2012 FC 838 - 2012-06-29
Federal Court Decisions[12] Where issues of procedural fairness arise, the task for the Court is to determine whether the process the Board followed satisfied the level of fairness required in the circumstances: see Canada (Minister of Citizenship and Immigration) v. Khosa, 2009 SCC 12, [2009] 1 S.C.R. 339 at para. 43. [...] 68. In the absence of a provision in these Rules dealing with a matter raised during the proceedings, the Division may do whatever is necessary to deal with the matter. [...] It is, therefore, properly part of the Board’s role to identify which issues to deal with first, in order to secure the most just, fair and expeditious determination of the claim coming before it.
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806.
Sebai v. Canada (Minister of Citizenship and Immigration) - 1999-10-12
Federal Court DecisionsCounsel for Mr. Sebai argued that this was a breach of the visa officer's duty of procedural fairness, and I agree. [...] The first part deals with the merits of Mr. Sebai's claim to be on "entrepreneur" within the statutory definition. [...] The second part deals with the application of paragraph 19(2)(a.i)(ii).
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807.
Taylor v. The Queen - 1999-06-11
Tax Court of Canada Judgmentsd) at all material times the Appellant and his son, Jonathan Taylor, were not dealing at arm's length; [...] FAIR MARKET VALUE [7] The Minister submits that the fair market value of the land in question was at least $15,000 at the time it was transferred to the Appellant's son. [...] FAIR MARKET VALUE [15] I conclude at the time of transfer the four hectares parcel of land transferred to the Appellant's son, Jonathan, had a fair market value of not less than $15,000 and that the Minister's assumption that in fact the parcel had a fair market value of $20,000 has not been dislodged.
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808.
Elander v. The Queen - 2017 TCC 196 - 2017-09-28
Tax Court of Canada JudgmentsThe amount of joint and several liability is generally the amount by which the fair market value of the property transferred exceeds the value of any consideration received at the time of the transfer but it cannot be more than the actual tax debt of the transferor. [...] [6] In dealing with the over-assessment issue of $9,500.00, the evidence of the Appellant’s husband, the tax debtor, is that on December 26, 2006 he received a cheque for $9,499.40 and deposited it into their joint bank account and on the same day withdrew $9,000.00 to pay his law firm bills and $500.00 for himself. [...] There was no such proof here and merely agreeing in advance to pay more of the family living expenses than your spouse over a period of time, does not constitute giving fair market consideration at the time of each transfer.
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809.
Nicholson v. CWS Industries Ltd. - 2002 FCT 1225 - 2002-11-26
Federal Court DecisionsWithout more, documents dealing with profit on the Defendant's mode of connection, between the rake and the machine, have no formal relevance. [...] First, I had some initial difficulty with a reference to a portion of an attached document as fair notice of a claim. [...] [17] This approach, attach patent and a clear reference in the statement of claim to the applicable portions of the patent, deals with the concern which Lord Normand had in Essso Petroleum (supra), that of giving fair notice what the action was all about.
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810.
Gomez v. Canada (Attorney General) - 2021 FC 1300 - 2021-11-25
Federal Court DecisionsHe argues that this calls for a higher level of procedural fairness. However, these submissions are about the application of a duty of procedural fairness and not about a legitimate expectation that could inform the level of procedural fairness owed. [...] He stated that he is not a friend of Mr. Cabello and has never had business dealings with him. [...] (a) the dealing, directly or indirectly, by any person in Canada or Canadian outside Canada in any property, wherever situated, of the foreign national;
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811.
P&O Ports Inc. v. International Longshoremen’s and Warehousemen’s Union, Local 500 - 2008 FC 846 - 2008-07-09
Federal Court Decisions5. Was there a breach of natural justice and procedural fairness? STANDARD OF REVIEW [...] [17] The final issue raised on this application is one of procedural fairness. [...] Issue 5: Was there a breach of natural justice and procedural fairness?
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812.
Hagel v. Canada (Attorney General) - 2009 FC 329 - 2009-03-31
Federal Court Decisions(b) Did procedural fairness require that the decision-maker attend the hearing of the grievance in person? [...] Because we are not dealing with classification grievances in the ordinary sense, but with a novel situation, a fresh standard of review analysis is appropriate. [...] Procedural Fairness [28] It is well-established that procedural fairness is reviewable on a correctness standard:
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813.
Allard v. Canada (Canadian Food Inspection Agency) - 2016 FC 1235 - 2016-11-04
Federal Court DecisionsThey further claim that the Committee also breached its duty of procedural fairness by assigning a role to one of its members that it should not have assigned. [...] [18] In this case, given my response to the first issue, it will be necessary to deal with the third issue, but not the second. [...] [19] As I have just noted, the Court is not required to exercise deference in determining whether the rules of procedural fairness have been followed in a given case.
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814.
McLean v. Canada - 2019 FC 1075 - 2019-08-19
Federal Court DecisionsThe best that can be done is to have a fair and reasonable settlement of the litigation. [...] Is the Settlement fair and reasonable and in the best interests of the Class? [...] It is not for this Court to deal with these issues but the Court file is public and is available to the regulators if deemed by them necessary.
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815.
Therrien v. Canada (Attorney General) - 2017 FCA 14 - 2017-01-17
Federal Court of Appeal DecisionsParagraph 19.3(1)(a) of the PSDPA affords the Commissioner discretion to decline to deal with a complaint where the Commissioner is of the opinion that the subject matter of the complaint either has been or ought more appropriately be dealt with under a procedure provided under another Act of Parliament or a collective [...] The Commissioner’s failure to do so violated the appellant’s rights to procedural fairness as the appellant was misinformed as to the issues being examined by the Commissioner. [...] [9] Failure to consider these issues renders the Commissioner’s determination unreasonable as subsection 19.3(2) of the PSDPA requires that the PSLREB entertain the merits of a grievance that deals with the subject matter of the reprisal complaint.
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816.
Brown v. Canada (Attorney General) - 2004 FC 954 - 2004-07-05
Federal Court DecisionsBecause the respondent did not have a proper opportunity to prepare its response to this argument, the Court, in agreement with the parties, scheduled a second hearing to deal only with this issue and gave the parties permission to file supplementary material. [...] [30] A subset of the duty of procedural fairness is that decisions be made by unbiased decision- makers. [...] [39] At the hearing, when dealing with the allegation of partiality of IPSO Frankovitch, the respondent also said that an independent assessment had been made by the third member of the team, Mr. Granovic, on December 18 as well as on December 21, 2001.
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817.
Lill v. Canada (Attorney General) - 2024 FC 664 - 2024-05-01
Federal Court DecisionsAnything dealing with his complaints and correction requests that we cannot use is in red. [...] C. Procedural Fairness [43] In his memorandum, Mr. Lill also argues that the manner in which his grievance was analyzed breached procedural fairness. [...] Given that I am addressing this issue from the perspective of the decision’s reasonableness, it is not necessary to deal with it from a procedural fairness perspective.
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818.
Goldmaker v. Canada (Minister of National Revenue) - 2000-03-03
Federal Court Decisions[4] A "fairness fact sheet" was prepared on behalf of the Minister on March 25, 1998. [...] [7] A second "fairness fact sheet" was prepared by Revenue Canada. This fact sheet, completed on May 8, 1998 and approved on May 14, 1998 also recommended that the taxpayer"s request for fairness be denied. [...] The purpose of this legislative provision is to allow Revenue Canada, Taxation, to administer the tax system more fairly, by allowing for the application of common sense in dealing with taxpayers who, because of personal misfortune or circumstances beyond their control, are unable to meet deadlines or comply with rules
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819.
Hurd v. The Queen - 2001-02-06
Tax Court of Canada Judgments... (c) a person with whom the person was not dealing at arm's length, [...] Teriann's liability is the difference between the fair market value of the property and the purchase price. [...] With this in mind, I will attempt to briefly analyze the fair market value and purchase price.
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820.
Marie-Jewell v. Salt River First Nation #195 - 2024 FC 192 - 2024-02-07
Federal Court DecisionsThis matter does not deal with a commercial or contractual agreement of a private nature, and thus the cases cited by the Respondent are of limited applicability. [...] In this case, the Court is dealing with a Decision rendered by SRFN with respect to election eligibility. [...] C. Was the Applicant denied procedural fairness? [48] My finding on the unreasonableness of the Decision is determinative and there is no need to consider the submissions on procedural fairness.
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821.
SRI Homes Inc. v. The Queen - 2011 TCC 386 - 2011-08-18
Tax Court of Canada JudgmentsThe fair market value is the full amount of the shareholder loans assigned. [...] Basically, they've got together for an investment dealing with a particular project. [...] We do agree with the law, and so we will be dealing with that. And as you note, that's my sixth argument.
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822.
Gambino v. The Queen - 2008 TCC 601 - 2008-11-05
Tax Court of Canada Judgments... (c) a person with whom the person was not dealing at arm’s length, [...] (i) the amount, if any, by which the fair market value of the property at the time it was transferred exceeds the fair market value at that time of the consideration given for the property, and [...] Under subsection 160(1), a transferee of property will be liable to the CRA to the extent that the fair market value of the consideration given for the property falls short of the fair market value of that property.
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823.
Muskego v. Norway House Cree Nation Appeal Committee - 2011 FC 732 - 2011-06-20
Federal Court Decisions2. Did the Respondent Appeal Committee breach procedural fairness in allowing [...] That provision clearly confers on the Committee the jurisdiction to deal with “any additional election procedures resulting from any appeal”. [...] [26] ...The jurisprudence of the Court is clear; such issues dealing with procedural fairness must be raised at the earliest opportunity.
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824.
Canada (Attorney General) v. Davis - 2009 FC 1104 - 2009-10-28
Federal Court DecisionsWhen it comes to procedural fairness, the Court owes no deference to the Commission. [...] Procedural fairness is contextual (Baker v. Canada (M.C.I.), [1999] 2 S.C.R. 817). [...] [5] It is true that artful pleaders can find any number of errors when dealing with decisions of administrative tribunals.
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825.
Belzile v. Canada (Attorney General) - 2006 FC 983 - 2006-08-15
Federal Court Decisions[57] The content of the duty of procedural fairness of the PSC varies according to the context. [...] The process specified in subsections 6(2) and 6(3) of the Act gives the PSC a means of exercising control and dealing severely with cases of abuse. [...] It does not specifically deal with this aspect. [5] This paragraph of the respondent’s memorandum in T-1006-05 is found in all of the cases.