11,312 result(s)
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8,876.
M.A.O. v. Canada (Minister of Citizenship and Immigration) - 2003 FC 1406 - 2003-12-02
Federal Court Decisions[77] The former Act and Regulations did not explicitly deal with the collection of DNA evidence and the Respondent has provided no guidelines or policies of CIC that reflect the Department's understanding of the way that this type of evidence is to be requested and applied. [...] In my view, it is appropriate to include a direction that deals with the opposite scenario, that is, that certain evidence be excluded from consideration by the IAD. [...] In my view, total exclusion of this evidence is required in order for the IAD to fairly assess this matter.
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8,877.
Novopharm Ltd. v. Canada - 2003 FCA 112 - 2003-03-05
Federal Court of Appeal DecisionsIndeed, in this Court's decision in Canada v. Shell Canada Ltd. (C.A.), [1998] 3 F.C. 64, at paragraphs 2 to 6, Stone J.A., the only judge to deal with subsection 245(1), applied the Fording approach. [...] This is a broader inquiry than one dealing with whether the direct use of borrowed funds was for the purpose of earning income or whether a particular transaction gave rise to an expense which was sought to be deducted. [...] There is no suggestion that Novopharm did not have fair notice of the Minister's position with respect to the effect of these transactions or that the Minister intended to rely upon the Fording approach.
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8,878.
Transport M.l. Couture v. The Queen - 2003-01-16
Tax Court of Canada JudgmentsMichel Couture affirmed that the compensation paid for the trucking services provided by ML1 and ML2 represented the fair market value of these services. [...] Finally, he emphasized the fact that the contractual relations between Transport Couture, on the one hand, and ML1 and ML2, on the other hand, were those of parties dealing at arm's length. [...] On the other hand, the existence of a distribution, supply or management agreement regarding the manner in which a business is to be conducted that is binding on parties not dealing at arm's length could be a relevant factor for establishing whether an influence is exercised by the controller.
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8,879.
Absolute Bailiffs Inc. v. The Queen - 2002-10-18
Tax Court of Canada JudgmentsWhile this delay might have had some prejudicial affect in terms of the Appellant's dealing with the Trustee's action, the Appellant acknowledged that such delay could have been rectified. [...] None of those cases (or any other cases brought to my attention) deal with security interests created in the course of remedying a default in the performance of an obligation or with interests that have been sold and converted to moneys in satisfaction of an obligation. [...] [16] In Piggott, dealing with a general assignment of book debts, Cory J. considered that a secured creditor was a person with a "security interest in the property of another person" which is a requirement in the definition of "secured creditor".
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8,880.
Nourhaghighi v. Canada (Human Rights Commission) - 2001-01-22
Federal Court DecisionsI noted that the Federal Court Rules, 1998, do not deal with the impact of failure to file an appearance or late or irregular filing except in relation to the right to receive notice (Rule 145). [...] [19] Rule 303 deals with the issue of proper respondents on an application for judicial review such as this. [...] Other counsel urged that I should deal with Motion 11 as expeditiously as possible, that is to say, in a continuation of the sitting on the 12th of January.
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8,881.
Sun Construction Co. v. Canada - 2000-12-18
Federal Court DecisionsIt is fair to say that such was the extent of the common ground. Robert Gosse, a professional engineer unrelated to the plaintiff corporation, testified on Sun"s behalf. [...] I will deal first with the claim that payment was not made in accordance with the defendant"s obligation under the contract, and then with the quantum meruit claim. [...] Q. And the question I was dealing with was the aspect of the thickness of the blanket of filter rock and armour stone, respectively, identified in the contract drawing.
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8,882.
Winmill v. Canada (Justice) - 2015 FC 710 - 2015-06-05
Federal Court DecisionsIt further found that the trial judge had “thoroughly, and in a balanced way, reviewed the evidence” and that his charge was both fair and sufficient. [...] The rules of procedural fairness did not require the Minister to do so. [...] [101] As the Minister points out, this is an attack on the merits of the May 7, 2012 preliminary assessment, not an attack grounded on procedural fairness principles.
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8,883.
Amis de la rivière Kipawa v. Canada (Attorney General) - 2007 FC 1267 - 2007-12-04
Federal Court Decisions3. Was the Applicant’s right to procedural fairness breached during the course of the EA process? [...] Was the Applicant’s right to procedural fairness breached during the course of the EA process? [...] Just because their position was not retained does not mean it was not considered fully or fairly.
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8,884.
Heron v. Salt River First Nation No. 195 - 2024 FC 525 - 2024-04-04
Federal Court DecisionsElection Code “for purposes of clarity and public certainty” to, among other things, suspend her for 60 days without pay, ban her from attending the SRFN conference centre and offices, and ban her from interfering with SRFN’s administration, business, and dealings with membership, governments, industry, and SRFN’s bank. [...] Furthermore, Chief Heron states that since she was suspended in October 2022, SRFN Council have failed to hold an Annual General Meeting, failed to file their financial statements, and entered into contracts without fair competition. [...] has demonstrated that Council has suspended her by repeating conduct the Court found to be unreasonable and procedurally unfair in Heron v SRFN. The Court in Heron v SRFN stated that a suspension of an elected leader and extension of such a suspension are serious matters that require a high degree of procedural fairness.
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8,885.
Medina Rodriguez v. Canada (Citizenship and Immigration) - 2024 FC 401 - 2024-03-08
Federal Court DecisionsThe reviewing court must adopt an attitude of restraint and intervene “only where it is truly necessary to do so in order to safeguard the legality, rationality and fairness of the administrative process” (Vavilov at para 13), without “reweighing and reassessing the evidence” before it (Vavilov at para 125). [...] Hernandez was a matter dealing with an application for permanent residence on humanitarian and compassionate [H&C] grounds. [...] These Guidelines are there to be followed, and submitting a certified question at the last minute is not helpful to the Court nor fair for the opposing party.
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8,886.
Kiva Health Brands LLC v. Limoneira Company - 2023 FC 774 - 2023-06-02
Federal Court Decisions[20] The question as to whether there is a reasonable apprehension of bias is a matter of procedural fairness that should be reviewed under a standard akin to that of correctness; the question is whether the procedure was fair having regard to all the circumstances (Canadian Pacific Railway Company v Canada (Attorney [...] However, and as indicated above, the Merger Agreement filed in support of Mr. Hamm’s affidavit contradicts the single paragraph in said affidavit dealing with ownership.
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8,887.
Heyder v. Canada (Attorney General) - 2023 FC 28 - 2023-01-06
Federal Court Decisions[35] According to the General Principles contained in Schedule Q of the FSA dealing with the claims process and administration: [...] It aims to provide just compensation for meritorious claims and at the same time ensure that Claims are properly, fairly and expeditiously assessed on the basis of adequate and sufficient validation, wherever possible. [...] b) charger une ou plusieurs personnes d’évaluer les points individuels et de lui faire rapport;
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8,888.
Gao v. Canada (Citizenship and Immigration) - 2022 FC 64 - 2022-01-19
Federal Court Decisions[15] On July 6, 2020, a procedural fairness letter was sent to the Applicants indicating that there were concerns that the Accompanying Spouse was a person described under paragraph 34(1)(f) of IRPA. The letter specified that the Officer had reasonable grounds to believe that the Accompanying Spouse was a member of OCAO, an [...] [17] In the Global Case Management System [GCMS] notes, which form part of the reasons for the Officer’s decision, the Officer found that the Applicants had failed to assuage the concerns raised in the procedural fairness letter that the Accompanying Spouse was a member of OCAO, and that OCAO is an organization that has [...] The target, therefore, ought to be aware of who they are dealing with.
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8,889.
Fortin v. Canada (Attorney General) - 2021 FC 1061 - 2021-10-12
Federal Court DecisionsIn his application, he raises issues of the unreasonableness of the decision (paras 39-40); harm to his reputation (paras 41, 43, 44); improper interference with the military chain of command (para 42); and breach of procedural fairness (para 46, 47). [...] (2) The Grievances Committee shall deal with all matters before it as informally and expeditiously as the circumstances and the considerations of fairness permit.
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8,890.
Li v. Canada (Citizenship and Immigration) - 2020 FC 783 - 2020-07-30
Federal Court DecisionsMs Li began to practise the Christian faith, which assisted her to deal with the loneliness and spiritual emptiness she felt after the loss of her husband and father. [...] [13] Reasonableness review is an approach meant to ensure that courts intervene in administrative matters only where it is truly necessary to do so in order to safeguard the legality, rationality and fairness of the administrative process. [...] [36] Counsel for the applicant confirmed at the hearing that Ms Li does not argue that she was not given a fair opportunity to answer or did not understand the questions posed to her.
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8,891.
Stuart v. Canada - 2019 FC 801 - 2019-06-11
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; [...] [34] The Plaintiff seeks relief for various breaches of the Charter, including a breach of his right to life, liberty and security of the person, the right to be free from unreasonable search and seizure and the right to be presumed innocent of any criminal charge until tried in a fair and impartial tribunal. [...] A respondent cannot, by simply consenting to dispense with the factual background, require or expect a court to deal with an issue such as this in a factual void.
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8,892.
Lukács v. Canada (Transportation Agency) - 2016 FCA 220 - 2016-09-07
Federal Court of Appeal Decisions[16] As recently stated by this Court in Lukács v. Canadian Transport Agency, 2016 FCA 202 at paragraphs 31-32, the Act does not create a general obligation for the Agency to deal with each and every complaint regarding compliance with the Act and its various regulations. [...] In a similar vein, the Supreme Court recognizes the importance of the particular statutory regime and the procedural choices made by the administrative body itself when it comes to determining the content of the duty of fairness (Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817 at paras. 24 and [...] To the extent that courts have exhibited a tendency to impose court-like procedures on administrative bodies in the context of judicial review for breach of procedural fairness obligations in the wake of Baker, they have often been met with criticism (see, for example, David Mullan, “Tribunal Imitating Courts – Foolish
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8,893.
Canada (Attorney General) v. Hines - 2016 FC 112 - 2016-02-01
Federal Court Decisions[26] The provisions of the CPP dealing with incapacity read as follows: [...] (8) Dans le cas où il est convaincu, sur preuve présentée par le demandeur ou en son nom, que celui-ci n’avait pas la capacité de former ou d’exprimer l’intention de faire une demande le jour où celle-ci a été faite, le ministre peut réputer cette demande de prestation avoir été faite le mois qui précède celui au cours [...] a) que le demandeur n’avait pas la capacité de former ou d’exprimer l’intention de faire une demande avant la date à laquelle celle-ci a réellement été faite;
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8,894.
Arsenault v. The Queen - 2015 TCC 179 - 2015-07-13
Tax Court of Canada Judgments(c) another person with whom the transferor was not dealing at arm’s length, [...] is the amount, if any, by which the fair market value of the property at that time exceeds the fair market value at that time of the consideration given by the transferee for the transfer of the property, and
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8,895.
Trach v. Canada (Citizenship and Immigration) - 2015 FC 282 - 2015-03-05
Federal Court DecisionsWhile in Baker the Supreme Court did not definitively rule on the meaning of subsection 25(1) in the case before it, it is fair to say that its reasoning in the case proceeded on the assumption that unusual and undeserved, or disproportionate hardship was the appropriate standard to be applied under subsection 25(1). [...] It would not be fair to use evidence of steady employment against them simply because work permits did not cover the entire period of their time in Canada: Lau v. Minister of Employment and Immigration, [1984] 1 F.C. 434 (C.A). [...] Not only did she not have full regard to the child’s circumstances, from the child’s perspective, but she also did not properly identify and define the BIOC and examine them “with a great deal of attention” (Legault at paragraph 31) or “with care” (Kisana at paragraph 24).
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8,896.
Molnar v. Canada (Citizenship and Immigration) - 2015 FC 273 - 2015-03-04
Federal Court Decisions[11] The Board cited this Court’s instruction that “efforts concerning state protection must have actually translated into adequate state protection.” It stated “a fair reading” of the documentary evidence showed that criticism of the situation of Roma in Hungary was warranted, especially compared to other EU countries, but [...] [13] Finally, the Board concluded that after a “fair reading” and based on the totality of the evidence, although there is evidence to indicate that the police still commit abuses against people, it is reasonable to expect authorities to take action in these cases, that the police are both willing and capable of protecting [...] It argues that the decision taken together has to provide the Court with a basis for understanding why the decision at issue was made and it is an error only if there is a failure to deal with contrary evidence where it suggests a lack of consideration.
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8,897.
Pyontka v. The Queen - 2014 TCC 374 - 2014-12-23
Tax Court of Canada Judgments(h) A few months after the immovable is bought, the appellant again agrees to be a nominee for the resale of the same immovable to a buyer with whom he is in collusion, at a cost higher than fair market value; [...] (i) The buyer of the immovable obtains from a financial institution a hypothecary loan that is over-valued compared with the fair market value of the immovable; [...] Mr. McMahon, Ms. Weil’s political advisor, assisted the appellant with dealing with organizations including Revenu Québec.
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8,898.
Ibrahim v. Canada (Citizenship and Immigration) - 2014 FC 837 - 2014-09-02
Federal Court DecisionsIf torture is a real possibility, then the information and advice that is intended to be relied on must be provided as well as the opportunity to respond in writing in order to meet the duty of fairness (Suresh v Canada (Minister of Citizenship and Immigration), 2002 SCC 1, [2002] 1 SCR 3 at para 127 [Suresh]). [...] [14] Finally, the Respondent submits that adequacy of reasons is no longer considered to be an aspect of procedural fairness or a stand-alone basis for quashing a decision. [...] He found that the officer did not need to deal with credibility on the facts of this case because she found the evidence the applicant put forward was insufficient to establish the risk he claimed to face in the future.
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8,899.
Knight v. The Queen - 2012 TCC 118 - 2012-04-16
Tax Court of Canada Judgments[19] The civil penalty in subsection 163(2), where an omission or false statement must be done knowingly or in circumstances amounting to gross negligence, is clearly intended to deal with a greater degree of culpability than the civil penalty in subsection 163(1) which is simply based on the existence of two omissions [...] b. In Dunlop v. The Queen[23] the appellant estimated the amount of his income in respect of the missing T4 slip, an estimate that was fairly close to the actual amount. [...] [67] I hope the appellant makes an application under the taxpayer relief provisions (also often referred to as the fairness provisions).[29]
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8,900.
Matingou-Testie v. Canada (Citizenship and Immigration) - 2012 FC 389 - 2012-04-03
Federal Court DecisionsMoreover, since the evidence was not aimed at showing a breach of procedural fairness, it did not meet the requirement established by this Court’s jurisprudence regarding the exceptional circumstances in which new evidence can be included in an application for judicial review. [...] It is well settled that, as a general rule, the RPD, like any other administrative tribunal, has the discretion to allow or dismiss an application for an adjournment to submit new evidence, provided it complies with applicable principles of procedural fairness. [...] [43] I agree with the respondent that in the absence of an application duly made under Rule 44 of the RPD Rules (i.e. including a copy of the document to be submitted as evidence), and in light of the particular circumstances of this case, the RPD did not have a legal duty to deal with the application.