11,309 result(s)
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876.
Chamberlain v. Canada (Attorney General) - 2012 FC 1027 - 2012-08-31
Federal Court Decisions[18] The impugned documents at Tabs 5 and 6 of the Record are arguably related to Ms. Chamberlain’s procedural fairness claims as they contain evidence that the Adjudicator did not admit (which she asserts amounted to a breach of procedural fairness). [...] (i) a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment, or [...] Insofar as concerns his failure to deal with the human rights claim that Ms. Chamberlain alleges she made in the grievance, however, no deference is warranted.
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877.
Canada (Attorney General) v. Grant - 2017 FCA 10 - 2017-01-12
Federal Court of Appeal Decisions[6] Finally, we find no breach of the CBSA’s rights to procedural fairness. [...] If this were the intent of the CBSA, as counsel for the applicant fairly conceded, the CBSA’s submissions could have been far clearer. [...] Given this and the fact that the remedial award does not deal with any calculation other than the parameters for the quantification of lost overtime opportunities, we do not believe that the PSLREB breached the CBSA’s rights to procedural fairness.
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878.
Best v. Canada (Attorney General) - 2011 FCA 351 - 2011-12-14
Federal Court of Appeal DecisionsThe Commission decided not to deal with the appellant’s complaint of discrimination by the Canadian Forces. [...] B. Review for procedural fairness [6] Here, the parties agree that correctness is the standard of review that must be applied when considering whether the Commission acted in a procedurally fair manner. [...] The appellant’s rights to procedural fairness in this case were respected.
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879.
Larochelle c. La Reine - 2004 TCC 360 - 2004-05-14
Tax Court of Canada Judgments(f) The fair market value of the only share of the capital stock of Assurances G.P., as at November 28, 1996, was $190,000; [...] (c) a person with whom the person was not dealing at arm's length, the following rules apply: [...] (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
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880.
Rowat v. Canada (Information Commissioner) - 2000-04-12
Federal Court Decisions(iv) pursuant to Subsection 2(e) of the Canadian Bill of Rights to a "fair hearing in accordance with the principles of fundamental justice for the determination of his rights and obligations". [...] I shall deal with each in turn. The affidavit of Dr. John W. Grace [9] The respondents rely on the affidavit of Dr. John W. Grace, sworn October 15, 1999. [...] The Court spends time and effort disproportionate to benefit in most instances in which it deals with preliminary jousting over the content of affidavits, content which any judge will in all likelihood, deal with expeditiously and appropriately when the matters comes on for a full hearing.[...]
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881.
Bédirian v. Canada (Attorney General) - 2006 FC 1239 - 2006-10-17
Federal Court DecisionsIn addition, it deals with a new question of law of general importance, which may have value as a precedent. [...] In my view, she would have had to ask herself whether such behaviour from the employer was candid, reasonable and fair for the employee. [...] Once again, I am of the view that she would have had to ask herself whether such behaviour was fair to the employee.
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882.
Sidamonidze v. Canada (Public Safety and Emergency Preparedness) - 2015 FC 681 - 2015-05-26
Federal Court DecisionsIn my view, the duty of fairness implicitly adopted by CIC for purposes of the s. 44(1) report is appropriate. [...] The first deals with an officer’s discretion to permit cross-examination – this was not an issue in these applications. [...] The second deals with the process before the Minister’s Delegate – this too was not an issue in these applications.
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883.
Canadian Frontline Nurses v. Canada (Attorney General) - 2024 FC 42 - 2024-01-29
Federal Court Decisions63 (1) Dans les soixante jours qui suivent la cessation d’effet ou l’abrogation d’une déclaration de situation de crise, le gouverneur en conseil est tenu de faire faire une enquête sur les circonstances qui ont donné lieu à la déclaration et les mesures prises pour faire face à la crise. [...] d) la personne qui cherche à entrer au Canada afin de faire une demande d’asile; [...] Sachez que Nous jugeons les mesures d’intervention ci-après nécessaires pour faire face à l’état d’urgence :
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884.
Sotski v. The Queen - 2013 TCC 286 - 2013-09-10
Tax Court of Canada JudgmentsWhile Budget Papers and Technical Notes are not law, they should be given good weight when Parliament was aware at the time the legislation was passed that the Department of Finance was aware of the issue and intended to deal with it. [...] I agree with the Appellant that if her only choice was to install low-cost laminate floors to deal with her husband’s condition, then there is no element of personal consumption or choice here that the taxpayer is being asked to fund. [...] [14] Moreover, in dealing with the second condition, Boyle J. in the Barnes case above, stated at paragraph 13 thereof:
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885.
Felix v. Sturgeon Lake First Nation - 2014 FC 911 - 2014-09-23
Federal Court DecisionsHowever, we are not dealing with kinship and familiarity but with conduct that could be avoided by observing basic rules of procedural fairness. [...] There are other processes to deal with conduct of elected officials during their term of office. [...] He then called on the Band to amend its Act to provide for clear and fair procedures:
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886.
Bergey v. Canada (Attorney General) - 2017 FCA 30 - 2017-02-10
Federal Court of Appeal DecisionsLikewise, the Board’s delay in rendering its decision does not amount to a violation of Ms. Bergey’s procedural fairness rights. [...] imparti par la Commission après réception de l’avis mentionné au paragraphe (1), le fonctionnaire peut faire appel de la recommandation de l’administrateur général devant un comité chargé par la Commission de faire une enquête, au cours de laquelle les parties, ou leurs représentants, ont l’occasion de se faire entendre. [...] (i) the manner in which deputy heads in the core public administration may deal with grievances under the Public Service Labour Relations Act to which they are a party, and the manner in which they may deal with them if the grievances are referred to adjudication under subsection 209(1) of that Act, and
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887.
Canadian Transportation Agency v. Morten - 2010 FC 1008 - 2010-10-13
Federal Court DecisionsIt was only making orders for the fair assessment of passengers (paragraph 188). [...] Part V of the CTA deals specifically with the transportation of persons with disabilities. [...] 98 In this case, we are not dealing with an allegation of systemic discrimination.
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888.
Canada v. VIH Logging Ltd. - 2005 FCA 36 - 2005-01-31
Federal Court of Appeal DecisionsFair market value as of February 23, 1993 Dividend paid on February 24, 1993 [...] Fair market value prior to the stock dividend $1,443,000 980,629 [...] (i) a disposition of any property to a person with whom that corporation was dealing at arm's length [...].
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889.
Shabashkevich v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 361 - 2003-03-27
Federal Court DecisionsBased on this evidence of the visa officer, I am satisfied that there was no denial of procedural fairness. [...] Anyway, you did not convey those doubts, and tell me, given the length of time that this application took to process, would you not think it fair to give the applicant an opportunity to deal with those doubts? [...] There was no prejudice to the applicant and no breach of the duty of procedural fairness.
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890.
Champoux v. The Queen - 2001-10-18
Tax Court of Canada Judgments" [27] THE COURT: No, I understand you, but in this case, we're dealing with the question of the basic personal credit. [...] I cannot say . . . it does not bother me a great deal. [103] THE COURT: No. [...] [140] APPELLANT: To determine whether the act is fair or not fair. Do you understand?
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891.
Letourneau v. Clearbrook Iron Works Ltd. - 2005 FC 333 - 2005-03-06
Federal Court Decisions[8] Sections 366 and 368 of the Criminal Code of Canada R.S.C. 1985 c. C64 deal, respectively, with forgery and uttering a forged document. [...] cause of action or defence, within the jurisdiction of the Federal Court, or alternatively, whether the allegations are, as submitted by the Plaintiffs, scandalous, prejudicial or likely to delay the fair trial of the action, here the reference being to section 221(1)(c) and (d), dealing with the striking out of pleadings. [...] [22] The portion of paragraph22 of the Defence and Counterclaim, dealing with section 76 of the Patent Act has, as I have indicated, some possible utility.
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892.
Highland Produce Ltd. v. Egg Farmers of Canada - 2011 FC 205 - 2011-02-21
Federal Court Decisions• On December 18, 2008, Highland responded to the NFPC regarding CEMA’s reply taking exception to their submissions urging dismissal of the Complaint before the NFPC had decided how to procedurally deal with the Complaint. [...] A. Highland was Afforded the Requisite Degree of Procedural Fairness [...] (1) Content of the Duty of Fairness [27] In Baker, above, at paras 21-28, Justice Claire L’Heureux-Dubé outlined five factors that assist in determining the degree of procedural fairness owed in a particular circumstance.
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893.
Soltanizadeh v. Canada (Citizenship and Immigration) - 2018 FC 114 - 2018-02-02
Federal Court DecisionsBut they deal with precisely the subject matter of the action and what one party was doing in relation to the relevant transactions at the time. [...] For if there has been harsh or improper conduct in the dealings of the executive with the citizen, it ought to be revealed. [...] [49] I am not suggesting that the actions of the visa officer in the present matter amounted to improper conduct in dealing with the Applicant.
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894.
Copeland v. The Queen - 2016 TCC 124 - 2016-05-20
Tax Court of Canada JudgmentsThe amount of liability is the amount by which the fair market value of the property transferred exceeds any fair market consideration given for the transferred property. [...] The parties agree the fair market value of such cheques totalled $111,000. [...] (c) a person with whom the person was not dealing at arm’s length, the following rules apply:
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895.
Karmali v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 358 - 2003-03-27
Federal Court Decisions3. Did the visa officer fail to observe a principle of natural justice, procedural and administrative fairness that he was required by law to observe? [...] [35] Because of my finding above, I need not deal with the remaining issues. [...] These sections deal with, in clear terms, the manner in which a matter sent back for redetermination by this Court is to be disposed of.
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896.
Quigley Electric Ltd. v. Canada (Minister of National Revenue) - 2003 FCA 461 - 2003-11-28
Federal Court of Appeal Decisions. . . (i) employment if the employer and employee are not dealing with each other at arm's length. [...] (a) the question of whether persons are not dealing with each other at arm's length shall be determined in accordance with the Income Tax Act; and [...] I am accordingly satisfied that no breach of natural justice or procedural fairness has occurred in this case.
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897.
Beddows v. Canada (Attorney General) - 2023 FC 919 - 2023-07-04
Federal Court DecisionsHe relies on section 29.11 of the NDA, which states: “The Chief of Defence Staff is the final authority in the grievance process and shall deal with all matters as informally and expeditiously as the circumstances and the considerations of fairness permit.” Maj.(r) Beddows argues that the delay in his case is flagrantly [...] [138] The Respondent denies that there was any breach of procedural fairness. [...] The Respondent asserts there was no denial of procedural fairness. [140] In examining claims about procedural fairness, a reviewing court is required to determine whether the procedure was fair in all the circumstances.
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898.
Purashaj v. Canada (Citizenship and Immigration) - 2021 FC 663 - 2021-06-24
Federal Court DecisionsI am satisfied the process was fair having regard to all of the circumstances. [...] [26] The only part of the Officer’s GCMS notes that address materiality deal with Mr. Purashaj’s field of study, not his institution of study. [...] In light of my conclusion, I need not deal with Mr. Purashaj’s submissions that the Officer erred by failing to consider the innocent mistake exception.
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899.
Mustafa v. Canada (Citizenship and Immigration) - 2016 FC 116 - 2016-02-02
Federal Court Decisions(i) uses, deals with or acts on it, or (i) soit s’en sert, le traite ou lui donne suite, [...] (ii) soit fait, ou tente de faire, accomplir l’un des actes visés au sous-alinéa (i). [...] b) d’engager quelqu’un, en lui faisant croire que ce document est authentique, à faire ou à s’abstenir de faire quelque chose, soit au Canada, soit à l’étranger.
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900.
Jalal v. Canada (Human Resources and skills Development) - 2013 FC 611 - 2013-06-06
Federal Court Decisions[18] Mr. Jalal was entitled to procedural fairness. He was entitled to have a fair opportunity to make his case. [...] [27] I conclude that Mr. Jalal was given a fair hearing. REASONABLE APPREHENSION OF BIAS [...] He submits that Mr. Mooney was not dealing with his home statute because others also deal with it and in considering the Canadian Human Rights Act was not dealing with a closely related statute.