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Canadian National Railway Company v. Canadian Transportation Agency - 2008 FCA 199 - 2008-05-29

It held that it had the authority to deal with SOLRS’ application despite the fact that it was made after the six month period had expired.   [...]  $1,959,951. The Agency never got to deal with the allegation of bad faith as that aspect of SOLRS’ application was withdrawn by letter dated September 17, 2007.   [...]  [61] There are many possible solutions for dealing with a bad faith application filed within the time limit.

Leblanc v. The Queen - 2006 TCC 680 - 2006-12-21

I think all you can say of that man, in the fair use of the English language, is that he is addicted to betting.   [...]  With the introduction of capital gains tax in Canada in 1972, it became necessary to deal with the possibility that lottery winnings which were not income might nonetheless attract tax as capital gains.   [...]  [42] I shall deal with the last point first. If I understand it correctly it is this: since you won it proves you must have had a system and therefore a business.

Younes v. The Queen - 2001-10-02

That is a great deal of money to have in a safety deposit box! A cheque (certified if necessary) or a bank draft would certainly have been a more common method of payment for such large donations.   [...]  It should also be noted that Mr. Nahas did not testify at the hearing: according to Mr. Audette, he would not have had a great deal of credibility because he had been found guilty of tax evasion as a result of his participation in the scheme.[5]   [...]  [50] As in my decision in Abouantoun,[6] supra, here too one would have to be blind not to conclude that what we are dealing with is purchases of false receipts for charitable donations.

9027-4218 Québec Inc. v. Canada (National Revenue) - 2019 FC 785 - 2019-06-06

In their notice of application they argued that the refusal is contrary to the Minister’s duty to act fairly and, furthermore, that the Minister failed to uphold a principle procedural fairness.   [...]  In Dumbrava v. Canada (Minister of Citizenship and Immigration), (1995), 101 F.T.R. 230, [1995] F.C.J. No. 1238, Noel J. (as he then was) reviewed a series of cases dealing with the effect of correspondence with a decision maker after a decision has been made.   [...]  Although the applicants make reference to breaches of their rights to procedural fairness, their arguments are based on the concept of fairness in general and not on specific breaches of procedural fairness by the Minister.

Valle Lopes v. Canada (Citizenship and Immigration) - 2010 FC 403 - 2010-04-14

Here, the applicant has not established that his right to a fair hearing has been prejudiced.   [...]  [61] The applicant cannot claim he was not given a fair hearing due to not receiving documents.   [...]  It is not a matter that immigration officers are expected to have expertise dealing with, yet it is something the applicant had the right to have determined correctly.

Calian Ltd. v. Canada (Attorney General) - 2015 FC 1392 - 2015-12-18

Its opposition to subsection 20(5) was necessarily muted given its reliance on consent under subsection 20(1) and the fairly obvious fact the decisions below are silent on the discretion under subsection 20(1).   [...]  XV. History of Dealings: Both Parties Consider and Treat Personnel Rates as Exempt   [...]  [49] In my view, the general history of dealings between the parties is another relevant factor in considering the nature of the Personnel Rates and the issue of reasonable expectations of harm outlined in paragraph 20(1)(c) of the Act. Such dealings put the 2010-14 Standing Offer and the access request in their proper

Miawpukek First Nation v. Howse - 2022 FC 1501 - 2022-11-03

(c) Ms. Howse must acknowledge that her reinstatement is probationary for a period of 1 year, subject to a fair and reasonable assessment of her job performance;   [...]  It must be made in a procedurally fair manner. [24] Just cause for dismissal has been described as misconduct that gives rise to a breakdown in the employment relationship, violates essential conditions of the employment contract, breaches the faith inherent to the work relationship, or is fundamentally or directly   [...]  While termination followed the workplace investigation and the Report, as reasonably found by the Adjudicator, these steps did not absolve the MFN from its obligation to consider a progressive disciplinary approach, particularly when dealing with an employee with twenty-three years of work experience with the MFN.

Cybernius Medical Ltd. v. Canada (Attorney General) - 2017 FC 226 - 2017-02-23

This application is what Federal Courts Rules, SOR 98-106, Rule 302 regards as a continuous course of conduct as the decisions all deal with the same factual situations with the same legal issues (Krause v Canada, [1999] 2 FC 476 (FCA)).   [...]  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;

Ameni v. Canada (Citizenship and Immigration) - 2016 FC 164 - 2016-02-09

[12] Issues of procedural fairness and natural justice are reviewable under the correctness standard of review: Canada (Minister of Citizenship and Immigration) v Khosa, 2009 SCC 12 at para 43; Sketchley v Canada (Attorney General), 2005 FCA 404 at paras 53˗55.   [...]  [34] In addition to concerns about the reasonableness of the decision, I wish to note a concern regarding procedural fairness.   [...]  Lack of notice breaches the duty of procedural fairness. In my respectful view, the Applicants should have produced these passports to Canadian officials because they had an undoubted duty to produce all relevant documents to their applications.

Majlat v. Canada (Citizenship and Immigration) - 2014 FC 965 - 2014-10-10

[5] Mrs. Majlat did not endure the same types of racist slurs as her husband because she is of mixed heritage and is fair-skinned.   [...]  Thus, the tribunal need not mention all the evidence or even deal with all the arguments made (provided it discharges its function and does address the issues it is statutorily mandated to decide).   [...]  • A fair reading of the documentary evidence shows that outlawed, right-wing extremist groups continue to incite violence against Roma (at para 39 of the decision).

Turberfield v. Canada - 2012 FCA 170 - 2012-06-04

(f) If the answers above result in the Court determining the rent for any of the 1980 Members, what is the appropriate methodology and/or formula for determining the fair market values for January 1, 2010 through December 31, 2014 under the 1980 Lease?   [...]  (g) What is the application of the appropriate methodology and/or formula to each of the 1980 Members who is entitled to have the Court determine the fair market rental value?   [...]  To illustrate, in the absence of the full record how is this Court to deal with the Crown’s assertion that paragraph 6 of the Judge’s order contains a typographical error?

Toronto (City) v. Toronto Port Authority - 2010 FC 687 - 2010-06-24

However, on issues of law and procedural fairness, the standard would be correctness.   [...]  C. Law and Fairness [46] There was no error of law in the Panel not accepting the MPAC assessment, as outlined by Cordick’s expert report.   [...]  Issues dealing with the eligibility of a property, improvement or structure or decisions arising from the interpretation of the Act and its Regulations are outside the mandate of the Advisory Panel and should be addressed directly to the federal organization.

Al Telbani v. Canada (General Attorney) - 2008 CF 1318 - 2008-11-27

«participant » Personne qui, dans le cadre d’une instance, est tenue de divulguer ou prévoit de divulguer ou de faire divulguer des renseignements.   [...]  Il peut en faire de même pour les personnes qu’il entend en application de l’alinéa 38.04(5)d).   [...]  I agree and, in the spirit of dealing with applications for judicial review expeditiously, I discard the CEA option.