11,309 result(s)
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901.
Franchi v. Canada (Attorney General) - 2010 FC 1179 - 2010-11-24
Federal Court DecisionsThe report deals both with Mr. Franchi’s alleged change of employment and his financial situation. [...] This failure on the Board’s part to articulate constitutes a breach of procedural fairness, and no deference whatsoever is owed. [...] That is a breach of procedural fairness. ORDER THIS COURT ORDERS that:
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902.
Akladyous v. Canadian Judicial Council - 2008 FC 50 - 2008-01-15
Federal Court Decisions[44] Finally, Ms. Akladyous’ allegation of corruption and bias on the part of Chief Justice Scott raises a question of procedural fairness – that is, whether she received a fair hearing from an unbiased decision-maker. [...] [45] It is not necessary to go through a pragmatic and functional analysis in relation to questions of procedural fairness – it is for the Court to determine whether the procedure that was followed in a given case was fair or not, having regard to all of the relevant circumstances: Sketchley v. Canada (Attorney General), [...] The Chairperson or a Vice-Chairperson shall not deal with a file involving a judge of his or her court.
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903.
Gitelman v. The Queen - 2007 TCC 544 - 2007-10-12
Tax Court of Canada Judgments7. Since there was no benefit or advantage accruing to the transferee, the property transferred has no fair market value. [...] (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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904.
Duchko v. Canada (Citizenship and Immigration) - 2013 FC 942 - 2013-09-10
Federal Court Decisions2. Did the RPD deal procedurally fairly with the Applicant when concluding on certain matters without informing the Applicant? [...] Therefore, it will not be necessary to deal with the procedural fairness issue. [...] [46] It is in the interest of the parties that this decision be quashed so that a new panel deals with all pertinent matters arising from this application.
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905.
Mowloughi v. Canada (Citizenship and Immigration) - 2019 FC 270 - 2019-03-05
Federal Court DecisionsDid the Officer breach procedural fairness by not holding an oral hearing? [...] Evaluating whether procedural fairness, or the duty of fairness, has been adhered to by a tribunal requires an assessment of the procedures and safeguards required in a particular situation. [...] [61] The Officer deals with this evidence as follows in the Decision:
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906.
Chartrand v. Canada (Attorney General) - 2018 FC 1183 - 2018-11-26
Federal Court Decisions[34] Sections 100 and 101 of the Act deal with the purpose and principles of conditional release, detention and long-term supervision. [...] D. Violation of Procedural Fairness by Failing to Address Grounds for Appeal [...] [46] Lastly, section 2.2 of the Policy Manual deals with psychological risk assessments and psychiatric assessments required.
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907.
Peddle v. Canada (Revenue Agency) - 2009 FC 348 - 2009-04-03
Federal Court Decisions[32] Mr. Peddle asked for a Second Level Fairness Review of the decision, the Second Level Fairness Review confirmed the Fairness Review committee decision without considering whether the Fairness Committee decided in keeping with the CRA legislation and policy. [...] [35] Mr. Peddle is a difficult individual to deal with given his lack of comprehension and his predilection for accusing individuals who do not accept his views on matter. [...] I found that the CRA officials dealing with Mr. Peddle treated him with every consideration as did counsel for the Respondent.
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908.
Fallah v. Canada (Citizenship and Immigration) - 2015 FC 1094 - 2015-09-18
Federal Court Decisions... [51] I have concluded on the basis of the above considerations that there was no breach of the duty of fairness. [...] He was told in the Officer’s procedural fairness letter that his senior employment relationship with “an internationally sanctioned entity that deals with goods and products that are listed under” the SEMA regulations was the potential basis for a refusal decision. [...] Fanavari Azmayeshgahi deals with several products that have dual use concerns, and is widely believed to be involved with the procurement of goods directly related to Iranian Nuclear proliferation.
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909.
Altagas Marketing Inc. v. Canada - 2004 FC 1682 - 2004-11-30
Federal Court Decisions[4] By the present motion the Crown seeks documents from the Plaintiffs dealing with their knowledge or expectations as to the royalty rate: [...] This relief is sought on the basis of the amendments dealing with rescission. [...] Such documents, assessed in the light of the issues raised in the pleadings are relevant, whether or not one construes relevancy generously or with fair latitude.
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910.
Do v. Canada (Citizenship and Immigration) - 2017 FC 1064 - 2017-11-23
Federal Court DecisionsThe Respondent agreed that the Officer committed a breach of procedural fairness. [...] [23] In dealing with the issue of costs, rule 22 of the Federal Courts Citizenship, Immigration and Protection Rules, SOR/93-22, provides that costs should not be awarded unless the Court finds “special reasons.” Jurisprudence makes it clear that being wrong is not enough to warrant costs. [...] [27] In fact, I find the Officer’s conduct displays a reckless disregard for procedural fairness.
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911.
Massroua v. Canada (Public Safety and Emergency Preparedness) - 2022 FC 1394 - 2022-10-18
Federal Court Decisionsample jurisdiction to all divisions of the Immigration and Refugee Board to make findings of fact and law(IRPA subsection 162(1)), and the general obligation to deal with all proceedings “as informally and quickly as the circumstances and the considerations of fairness and natural justice permit” (IRPA subsection 162(2)). [...] In that sense, the prior decision did not deal with the same question and therefore the doctrine did not apply. [...] He argued that the prior findings were tainted because they were reached by a process that had denied him procedural fairness.
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912.
Sturgeon Lake Cree Nation v. Hamelin - 2018 FCA 131 - 2018-07-04
Federal Court of Appeal Decisionsb) A Candidate did not meet the eligibility requirements set forth in section 6.4 and 6.6 [which deals with the nomination process]; [...] The respondents’ entitlement to procedural fairness was bounded by the Regulations. [...] When her judgment is read in the context of her reasons and the record, the application judge did not purport to deal in her judgment with Sophia Hamelin’s appeal.
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913.
Pangaea One Acquisition Holdings XII S.À.R.L. v. The Queen - 2018 TCC 158 - 2018-07-31
Tax Court of Canada Judgments(c) a share of the capital stock of a corporation 90% or more of the fair market value of which is attributable to eligible interests in one other corporation. [...] (c) the individual deals at arm’s length with the employer and with the vendors; [...] (f) the restrictive covenant can reasonably be regarded to have been granted to maintain or preserve the fair market value of any of
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914.
N.R. v. Canada (Citizenship and Immigration) - 2015 FC 425 - 2015-04-08
Federal Court DecisionsHe argues, however, that he was denied procedural fairness in this matter because the Minister failed to disclose information regarding the fate of other MV Sun Sea passengers who had returned to Sri Lanka. [...] II. The Board’s Failure to Deal with N.R.’s Application to Adduce Post-hearing Evidence [...] The Board’s failure to deal with a properly constituted application to adduce post-hearing evidence constitutes a breach of procedural fairness: Howlader v. Canada (Minister of Citizenship and Immigration), 2005 FC 817 at paras. 3-4, [2005] F.C.J. No. 1041.
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915.
Murray v. Canada (Human Rights Commission) - 2004 FC 1541 - 2004-11-02
Federal Court DecisionsEven assuming that some interviews occurred during this period, there is no apparent justification for the delay in dealing with Murray's complaint. [...] "The basic test to ensure fairness and to avoid a reasonable apprehension [...] [27] As required by the principles of fairness, the investigator also interviewed key persons in CRA in order to deal with the allegations.
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916.
Lanno v. Canada (Customs and Revenue Agency) - 2004 FC 932 - 2004-06-28
Federal Court Decisions· Mr. Lanno requested, by letters dated August 2 and 7, 2003, that the second level fairness response be reconsidered. [...] Parliament has given broad discretion to the CCRA, the delegate of the Minister, under the Fairness Provisions. [...] In fact, much of Mr. Sarcello's decision deals with analyzing whether circumstances beyond Mr. Lanno's control prevented him from filing a notice.
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917.
Beaudoin v. The Queen - 2001-04-23
Tax Court of Canada Judgments[20] The issue of the transfer between persons not dealing with each other at arm's length was not contested at all. [...] This provision in no way affects a transfer made for fair and actual consideration since, in that instance, the tax debtor's patrimony is in no way affected or reduced. [...] [23] The transfer was made between the appellant and his father, two persons who were not dealing with each other at arm's length.
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918.
Monsell v. The Queen - 2019 TCC 5 - 2019-01-30
Tax Court of Canada JudgmentsAt the time of the transfers, the appellants and Newgate were not dealing at arm’s length. [...] (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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919.
Berhad v. Canada - 2002 FCT 298 - 2002-03-19
Federal Court Decisions[23] In the present instance, as a matter of fairness and common sense, I ought not to allow the amendment, for it will not help the determination of any right claimed in the action on its merits. [...] Written submissions of 146 pages and a table of contents may be mind numbing, however competent opposing counsel must read and be prepared to deal with the submissions in their entirety. [...] This not only places a reasonable limit upon what the responding party must deal with, but also keeps the work required of the Court within reasonable limits.
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920.
Connolly v. Canada Post Corp. - 2002 FCT 185 - 2002-02-20
Federal Court DecisionsHe also seeks costs of out-of-pocket disbursements or expenses incurred for telephone, postal costs, photocopying and office supplies in his dealings with the Commission, as well as with the Court. [...] [4] Before dealing with the principal concerns raised by Mr. Connolly, a brief overview of the background may put this matter in context. [...] It can only be set aside if it is established that the decision of the Commission violated a principle of fairness owed to Mr. Connolly or that the decision was not based on evidence before the Commission, or that the Commission otherwise erred in law.
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921.
Bates v. The Queen - 1998-02-17
Tax Court of Canada Judgments[19] Section 146 of the Act, dealing with RRSPs, reads in part as follows : [...] the fair market value of (c) the non-qualified investment at the time it was acquired by the trust, or [...] [22] Regulation 4901, dealing with interpretation, reads in part as follows:
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922.
Biderman v. Canada - 2000-02-04
Federal Court of Appeal Decisions[...] (c) a person with whom the person was not dealing at arm's length, [...] (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 [...] This was a case of a tax debtor who transferred property to non-arm's length persons for less than fair market value.
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923.
Xu v. Canada (Minister of Citizenship and Immigration) - 2006 FC 718 - 2006-06-07
Federal Court Decisions[21] In the same manner, if it is established that a breach of procedural fairness occurred during the show cause hearing, the Court must intervene. [...] [23] I will deal first with the preliminary argument raised by the respondent. [...] [30] In the circumstances, the Court must conclude that insofar as those alleged breaches of procedural fairness are concerned, there is res judicata.
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924.
P.V.I. International Inc. v. Canada (Commissioner of Competition) - 2004 FCA 197 - 2004-05-19
Federal Court of Appeal DecisionsWhile it is not necessary to deal in detail with the appellants' arguments, I shall focus on the following the points on which Mr. Golka relied in his oral submissions. [...] Again, these are matters within the discretion of the Tribunal in balancing informality and expeditiousness on the one hand, against fairness on the other. [...] I shall deal briefly with the arguments advanced by counsel for the Commissioner.
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925.
Laplante v. Canada (Food Inspection Agency) - 2004 FC 1345 - 2004-09-30
Federal Court DecisionsConsequently, the Committee failed to deal with all the points at issue. [...] The classification recommended to the deputy head or nominee must be fair, equitable and consistent with the classification principles. [...] In this sense, the reasons for the decision under review are inadequate, and another component of procedural fairness was breached.