11,312 result(s)
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8,776.
Hiraj v. Canada (Public Safety and Emergency Preparedness) - 2019 FC 260 - 2019-03-01
Federal Court DecisionsSection 169, however, does not deal with applications for refugee protection, but with pre-removal risk assessments [PRRA]. [...] Mr. Hiraj attempted to reframe his claim so as to give it a procedural flavour, for example by saying that the director general had to make a “proper, fair and correct determination,” but I am not persuaded.
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8,777.
Serhan v. Canada (Citizenship and Immigration) - 2019 FC 226 - 2019-02-28
Federal Court DecisionsThe RPD found that when she was asked to describe the Incidents, her descriptions were “convoluted, inconsistent and contradictory.” I will deal with each incident in turn. [...] The PA also says that fairness required the RPD to alert the Applicants to the problems it found with the text and voicemail messages.
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8,778.
Kwan v. The Queen - 2018 TCC 184 - 2018-09-11
Tax Court of Canada Judgments[9] As the Respondent has pointed out, there have been two lines of cases dealing with child care expenses that are fundamentally at odds with respect to the interpretation of what constitutes a child care expense, separated it would appear, by different interpretations of the wording of the first three lines of the [...] Section 12 of the Interpretation Act requires that each enactment be given a fair, large and liberal construction and interpretation that best ensures the attainment of its objects.
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8,779.
Anni v. Canada (Citizenship and Immigration) - 2016 FC 941 - 2016-08-18
Federal Court Decisions[24] Given my conclusion on the Officer’s approach to the Applicant’s affidavit evidence and the rule in Maldonado, it is not necessary to deal with the other issues raised, which included: the assessment of an oral hearing if indeed credibility findings were made, albeit disguised, as alleged; procedural fairness in
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8,780.
M. Soutar Decor 2000 Ltd. v. The Queen - 2016 TCC 62 - 2016-03-14
Tax Court of Canada Judgments2) The parties must not be dealing at arm’s length; 3) There must be no consideration or inadequate consideration flowing from the transferee to the transferor (I would note that the trial judge considered the test to be “No consideration or inadequate consideration flowing from the transferor to the transferee” [emphasis [...] Moreover, equitable reconciliation occurs through the presence of a quantifiable material benefit conferred upon the transferee at the time of transfer which fairly requires the Appellant-transferee to satisfy the Tax Debt then, and because of the transfer, still owing to the Minister.
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8,781.
Pegito London v. Canada (Citizenship and Immigration) - 2015 FC 942 - 2015-08-06
Federal Court DecisionsTo make enquiries as to whether a child will be adequately looked after does not amount to a fulsome [humanitarian and compassionate] assessment and in no way duplicates the role of the immigration officer who will eventually deal with such an application (see Boniowski v Canada (Minister of Citizenship and Immigration), [...] The Officer was required to treat these “immediate interests fairly and with sensitivity” (Hernandez v Canada (Minister of Citizenship and Immigration), 2012 FC 1131 at para 46).
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8,782.
Parker v. The Queen - 2015 TCC 86 - 2015-04-17
Tax Court of Canada Judgments... (iv) rent and utilities paid by the taxpayer for the taxpayer’s principal place of residence ... or the fair rental value of such a residence ... [...] [18] I will deal firstly with the Appellant’s position that Mr. Parker’s CPP disability benefits amounted to remuneration from his employment with the Church in 2011.
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8,783.
Aquavita International S.A. v. M/V Pantelis (Ship) - 2015 FC 180 - 2015-02-13
Federal Court Decisions(d) may prejudice or delay the fair trial of the action, d) qu’il risque de nuire à l’instruction équitable de l’action ou de la retarder; [...] [7] Mr. Kapellaris’ affidavit deals with the merits of the claim, not with the jurisdiction of this Court.
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8,784.
Csurgo v. Canada (Citizenship and Immigration) - 2014 FC 1182 - 2014-12-09
Federal Court Decisions[26] It is evident that the RPD’s decision, when dealing with state protection in Hungary, does not concern itself with whether or not the state protection shows operational adequacy. [...] In fairness to the Applicants, the documentation of events that occurred seven years ago is not easy to obtain and more so when it was unforeseen then that it could have been useful in 2014.
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8,785.
Tumarkin v. Canada (Citizenship and Immigration) - 2014 FC 915 - 2014-09-24
Federal Court Decisionsa) tant que n’est pas terminée l’enquête menée pour établir si le demandeur devrait faire l’objet d’une enquête dans le cadre de la Loi sur l’immigration et la protection des réfugiés ou d’une mesure de renvoi au titre de cette loi ou si les articles 20 ou 22 s’appliquent à l’égard de celui-ci; [...] [21] The Respondent has a policy in respect of splitting files to avoid delay in processing applications, which would otherwise be linked to a delayed application – for example, to deal with language testing.
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8,786.
Bauer Hockey Corp. v. Easton Sports Canada inc. - 2014 FC 853 - 2014-09-08
Federal Court Decisions[14] However, I do not take Prothonotary Morneau as holding that Siemens automatically barred an intervention by CCM, as he went on to consider CCM’s submissions with respect to fairness and the interests of justice. [...] It is true that artful pleaders can find any number of errors when dealing with decisions of administrative tribunals.
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8,787.
Gestion Maryse Benny Inc. v. M.N.R. - 2014 TCC 89 - 2014-04-07
Tax Court of Canada JudgmentsAccording to the grant agreement filed as Exhibit A-1, the appellant received support for human resources management or other consulting mandate so as to be equipped, at the end of the intervention, with tailored and useful management tools to improve the work environment, optimize teamwork and deal with staff turnover. [...] [3] Thus, in determining the existence of an employment relationship, one must look for a number of indicia of supervision, such as compulsory attendance at a workplace, the fairly regular assignment of work, imposition of rules of conduct or behaviour, requirement of activity reports, control over the quantity or quality
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8,788.
Bahniuk v. Canada Revenu Agency - 2014 FC 126 - 2014-02-04
Federal Court Decisions[18] The Adjudicator ultimately had to deal with four grievances related to the following disciplinary actions: [...] However, he was unable to show any examples of where the Adjudicator breached or permitted a breach of procedural fairness.
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8,789.
Sowah v. The Queen - 2013 TCC 297 - 2013-09-20
Tax Court of Canada Judgments[16] I will deal first with the issue of the receipt. The prescribed information for a receipt is found in Regulation 3501(1) of the Income Tax Regulations (the "Regulations"). [...] (ii) if the gift is of property other than cash, the amount that is the fair market value of the property at the time that the gift is made;
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8,790.
Jerome v. Canada (Citizenship and Immigration) - 2013 FC 893 - 2013-08-22
Federal Court Decisions[17] With respect to the allegation by the Applicant that the Board erred by impugning the Applicant’s credibility based on contradictions and/or inconsistencies that were not put to her, this is not a fair characterization. [...] [23] Those cases deal with the state infrastructure in Mexico, and qualify their findings that each case must be decided on a case-by-case basis.
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8,791.
Namouh v. Canada (Public Safety and Emergency Preparedness) - 2012 FC 1545 - 2012-12-27
Federal Court Decisionsin fact been granted a reduced sentence or parole, is not at risk of imminent removal because the order has become enforceable, has not exhausted all of his administrative remedies and has not been subjected to breaches of procedural fairness on account of institutional bias, the IAD would be dealing in pure speculation.
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8,792.
Hardy Estate v. Canada (Attorney General) - 2012 FC 220 - 2012-02-16
Federal Court Decisions[11] It soon became evident that Mr. Hardy had no knowledge, whatsoever, of the case law which deals with appeals from orders of prothonotaries to a judge of the Federal Court. [...] Judges must ensure that unrepresented litigants are treated fairly, while at the same time, not appearing partial to one of the parties.
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8,793.
Association of Universities and Colleges of Canada v. Canadian Copyright Licensing Agency (Access Copyright) - 2012 FCA 22 - 2012-01-23
Federal Court of Appeal DecisionsThey do not allege bias, a denial of natural justice, or lack of procedural fairness. [...] However, such an affidavit will not be necessary if the proper record placed before this Court is sufficient to deal with the issue.
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8,794.
Canada (Citizenship and Immigration) v. Al-Showaiter - 2012 FC 12 - 2012-01-04
Federal Court Decisions[12] Adequacy of reasons is an aspect of procedural fairness requiring the correctness standard (see Abou-Zahra v Canada (Minister of Citizenship and Immigration), 2010 FC 1073, [2010] FCJ no 1326 at para 16; Chowdhury v Canada (Minister of Citizenship and Immigration), 2009 FC 709, [2009] FCJ no 875 at para 29; Canada [...] There is no obligation to fill in the portion dealing with “Reasons.”
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8,795.
Lukacs v. Canada (Citizenship and Immigration) - 2011 FC 751 - 2011-06-22
Federal Court Decisions[11] The applicants submit that the Board breached procedural fairness by refusing to allow the applicants to be represented by the principal applicant’s brother, Tibor Lukacs, as counsel before the Board. [...] I felt that the Member was putting a great deal of pressure on me to agree to proceed without counsel and in the end I felt I did not have any choice but to agree because I did not want to appear as if I was trying to hide anything.
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8,796.
Nicholls v. The Queen - 2011 TCC 287 - 2011-06-02
Tax Court of Canada Judgments[10] The Respondent maintains that subsection 122.62(2) of the Act is a discretionary measure similar to the fairness provisions contained in the Act to cancel interest and penalties under subsection 220(3.1), or the ability to accept a late-filed election under subsection 85(7.1) of the Act. The Respondent then relies on [...] [26] Since I have concluded that the Tax Court does not have the jurisdiction to hear this appeal, I do not have the authority to deal with the issue estoppel argument.
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8,797.
Divakaran v. Canada (Citizenship and Immigration) - 2011 FC 633 - 2011-05-31
Federal Court Decisions[22] Any issues of procedural fairness involving a PRRA officer, however, will be determined on the correctness standard (see Parshottam v Canada (Minister of Citizenship and Immigration), 2008 FCA 355, [2009] 3 FCR 527; Khosa v Canada (Minister of Citizenship and Immigration), 2009 SCC 12 at paragraph 43). [...] [29] Because of my finding, I need not deal with the remaining issue.
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8,798.
Canada (Citizenship and Immigration) v. B456 - 2011 FC 439 - 2011-04-07
Federal Court Decisions[8] I think it fair to say there has been some inconsistency with respect to the treatment of those on board the Sun Sea. Their stories differ, the appreciation thereof by different decision-makers may differ, and as well different judges have come to different conclusions in assessing decisions be it on stay motions, such [...] There is a public interest in dealing effectively with large scale people-smuggling operations.
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8,799.
Tabuyo v. Canada (Attorney General) - 2011 FC 425 - 2011-04-06
Federal Court Decisions• the judge who sentenced Mr. Tabuyo in 2008 to five months’ imprisonment for uttering a forged document found that there were aggravating factors to consider: Mr. Tabuyo had not availed himself of opportunities to deal with his gambling addiction, had breached a conditional sentence, and had committed a breach of trust; [...] Nor is he alleging any breach of fairness at the hearing. [21] Mr. Tabuyo’s sole submission is that a transcript is required in order to meet the Minister’s argument, set out in a further memorandum, that the Board “took into account the contents of the record before it”.
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8,800.
Estate of the Late Cely Lirette v. The Queen - 2010 TCC 633 - 2010-12-09
Tax Court of Canada Judgments13. Contempt against Court -- The Court has the power, jurisdiction and authority to deal with and impose punishment for contempt against the Court, whether or not committed in the face of the Court. [...] the appellant elects to limit the appeal to $12,000 or $24,000, as the case may be, or unless the amount of the excess is too small to justify a rehearing in accordance with the general procedure, taking into account the inconvenience and expense that would result to the parties and the interests of justice and fairness.