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Canada (National Revenue) v. 11421417 Canada Inc. - 2022 FC 586 - 2022-04-22

Scotiabank has presently placed a temporary restriction in dealing with the account pending review by or any further action by CRA to seek recovery of the funds.   [...]  c) obliger une personne à faire un paiement, conformément au paragraphe 224(1);   [...]  d) obliger une institution ou une personne visée au paragraphe 224(1.1) à faire un paiement, conformément à ce paragraphe;

Kifungo v. Canada (Citizenship and Immigration) - 2022 FC 15 - 2022-01-21

Quitte à me répéter, le fait est que je ne peux, pour son compte, faire le montage de sa preuve et son argumentation et saisir tout ou partie des difficultés auxquelles elle pourrait être exposée.   [...]  As has been said on numerous occasions, the reviewing court deals with the reasonableness of the decision made.   [...]  The reviewing court seeks to safeguard the legality, rationality and fairness of the administrative process.

TBV Productions, LLC v. Doe # 1 - 2021 FC 181 - 2021-02-25

In the Prothonotary’s view, this process would provide a fair and efficient means of determining the issue of damages.   [...]  However, he concluded that where, as in the case before him, an alleged failure by an ISP arises in the context of a request for a Norwich Order “it only makes sense to deal with the damages claim for such breaches within the framework of the same proceeding” (para 136).   [...]  TekSavvy would have a full opportunity to test the evidence against it and proffer its own evidence; the process would be fair and proportionate.

Grain Workers' Union (International Longshoreman’s Warehousemen’s Union, Local 333) v. Viterra Inc. - 2020 FC 1106 - 2020-11-30

Arbitrator Sullivan found he had jurisdiction to deal with the grievances.   [...]  Instead, it seeks to ensure the fairness of the contempt process, a process that should be a last resort in response to non-compliance with a court’s order (see for example Claggett v Claggett, [1945] 3 DLR 414 (BCCA) where the doctrine supported the conclusion that non-compliance with notice requirements under the rules

Fung v. Canada (Citizenship and Immigration) - 2019 FC 374 - 2019-03-26

Given that determination, the IAD did not deal with the sufficiency of funds issue.   [...]  [19] Prior to arriving at the decision, the Officer provided a fairness letter advising of the specific concerns and providing to the Applicant’s wife an opportunity to respond to them.   [...]  It was also agreed that to be fair to everyone the transcript from the first hearing would be used.

Creelman v. Canada (Attorney General) - 2018 FC 1033 - 2018-10-18

In Fischer v Canada (Attorney General), 2013 FC 861 the Court stated: “Issues of procedural fairness in the context of judicial review of decisions made in the course of the CSC offender grievance process, as well as issues dealing with the interpretation of legislation, are generally dealt with under the correctness   [...]  [19] Section 90 of the Act provides: “There shall be a procedure for fairly and expeditiously resolving offenders’ grievances on matters within the jurisdiction of the Commissioner, and the procedure shall operate in accordance with the regulations made under paragraph 96(u).”

Lainco Inc. v. Commission scolaire des Bois-Francs - 2018 FC 186 - 2018-02-16

• d) we are dealing with an issue of intellectual property and sophisticated commercial parties (at least for four of the five parties in this dispute), two factors that underlie the legal trend of favouring the awarding, as the plaintiff claims, of an overall lump sum in place of costs; and   [...]  Out of concern for procedural fairness, however, I gave the defendants the chance to file additional written submissions on those authorities.   [...]  In the circumstances and with concern for fairness to the plaintiff and the defendants, I will order the repayment of this disbursement, but in the amount of $2,550 instead of $5,096 as claimed.

Teva Canada Limited v. Janssen Inc. - 2017 FC 437 - 2017-05-02

Citizens, whose tax dollars pay for the courts’ operations, are entitled to expect that judicial resources are allocated fairly and judiciously amongst many competing demands; they have the right to know how these resources are being used.   [...]  It is not open to counsel, acting as advocates for their clients’ private interests, to put aside their duty to the Court and choose to put before the Court incomplete or misleading information, to wilfully blind themselves to the availability of important and relevant information and to fail to fairly put all relevant   [...]  “(...) this Protective Order applies only to govern the manner in which the Parties deal with information exchanged in the course of this litigation and does not entitle any party to file confidentially in this Court information designated as Confidential Information pursuant to this Protective Order in the absence of a

Anthony v. Canada (National Revenue) - 2016 FC 955 - 2016-08-23

Consequently, although the Federal Court has broad powers with respect to judicial review, it cannot deal with matters which are appealable to the Tax Court (see: Canada (National Revenue) v JP Morgan Asset Management (Canada) Inc., 2013 FCA 250 at para 27, [2014] 2 FCR 557 [JP Morgan]).   [...]  [17] The first exception involves situations where affidavits are sometimes necessary to bring the Court’s attention to procedural defects that cannot be found in the evidentiary record of the administrative decision-maker, so that the judicial review court can fulfil its role of reviewing for procedural fairness.   [...]  The approved principle is that whichever method presents the "truer picture" of a taxpayer’s revenue, which more fairly and accurately portrays income, and which "matches" revenue and expenditure, if one method does, is the one which must be followed.

Keita v. Canada (Citizenship and Immigration) - 2015 FC 1115 - 2015-09-25

[5] According to the applicant, her father has a great deal of control over his daughters.   [...]  S’il ne peut le faire, il en donne la raison et indique quelles mesures il a prises pour se procurer de tels documents.   [...]  [19] Otherwise, the case law has consistently held that allegations of bias on the part of a member raise issues of procedural fairness that are reviewable on a correctness standard (Panov, above; Saint-Eustache, above).

Olowolaiyemo v. Canada (Citizenship and Immigration) - 2015 FC 895 - 2015-07-22

[8] In light of my conclusion, I do not need to deal with the more general question raised by the Minister as to whether the RAD decision as a whole is reasonable.   [...]  [12] Counsel for Mr. Olowolaiyemo submits that an alleged breach of procedural fairness would be reviewable on a standard of correctness and, as a result, a decision-maker is owed no deference in such circumstances (Khosa at para 43; Mission Institution v Khela, 2014 SCC 24 at para 79; Singh v Canada (Minister of   [...]  However, in the present case, the issue of admissibility of new evidence under subsection 110(4) relates to the interpretation and application of an IRPA provision more than to a procedural fairness matter, and thus calls for a review under the reasonableness standard.

Canada v. Last - 2014 FCA 129 - 2014-05-15

The Minister reassessed Petro-Canada on the basis that the deduction claimed could not exceed the fair market value of the seismic data at the time of its acquisition.   [...]  [46] Put another way, the concerns about fairness that animated the courts in decisions such as Continental Bank Leasing Corporation v. The Queen, [1998] 2 S.C.R. 298 and Pedwell do not arise.   [...]  [50] Dealing first with the applicability of subsection 152(5), it is important to situate this issue in its factual matrix.

Canadian Union of Postal Workers v. Canada Post Corporation - 2012 FC 110 - 2012-01-27

108 Compulsory arbitration is a fairly well-understood beast in the jungle of labour relations.   [...]  The purpose of such a mechanism [compulsory arbitration] is to ensure that the loss in bargaining power through legislative prohibition of strikes is balanced by access to a system which is capable of resolving in a fair, effective and expeditious manner disputes which arise between employees and employers.   [...]  As a result of the special Act, we are dealing with a judicialized labour dispute where the operation of the usual balance of power no longer guides the final offers that will be presented by both parties.