11,309 result(s)
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926.
Stevens v. Canada (Attorney General) - 2002 FCT 2 - 2002-01-03
Federal Court DecisionsThe plaintiff is evidently grasping at straws, searching for some evidence that Commission counsel acted improperly in his subsequent dealings with Commissioner Parker. [...] [23] The Plaintiff's third argument is that the Prothonotary erred in concluding that it was not necessary to deal with his request to examine Commissioner Parker out of court pursuant to Rule 271. [...] The Prothonotary reviewed authorities dealing with principles of deliberative secrecy and the circumstances in which that secrecy can be pierced.
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927.
Konesavarathan v. University of Guelph Radio - 2020 FCA 148 - 2020-09-23
Federal Court of Appeal Decisions[2] Paragraph 41(1)(d) authorizes the Commission not to deal with a complaint where it appears to the Commission that the complaint is trivial, frivolous, vexatious or made in bad faith. [...] First, the Federal Court made no reviewable error in failing to find a denial of procedural fairness. [...] The Commission’s process was procedurally fair even on a high standard of procedural fairness.
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928.
Prairie Chicken v. Blood Tribe Band Council - 2024 FC 1151 - 2024-07-23
Federal Court Decisions[43] On the issue of justiciability, I do not agree that the carrying out of the Ratification Vote was “so political that courts are incapable or unsuited to deal with them, or should not deal with them in light of the time-honoured demarcation of powers between the courts and other branches of government” or “suffused with [...] (4) Conclusion on Procedural Fairness [61] There was no breach of procedural fairness. [...] Overall, the level of procedural fairness owed is not at the high end.
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929.
Canada v. Zelinski - 1999-12-10
Federal Court of Appeal DecisionsPADAC concluded that the fair market value of the paintings was $992,900. [...] (i) to a person with whom he was not dealing at arm's length for no proceeds or for proceeds less than the fair market value thereof at the time he so disposed of it, or [...] FAIR MARKET VALUE OF THE PAINTINGS [36] At trial, six witnesses testified to the fair market value of the Morrisseau artwork.
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930.
Canada v. Monit International Inc. - 2004 FCA 335 - 2004-10-07
Federal Court of Appeal Decisions[27] Having said that, letters in the record and an internal document deal with the disqualification for lack of compliance of all the other bidders, whose proposals were nevertheless analysed at the second stage. [...] [39] Usage may still be relevant as to the effect of contracts between the parties, since under article 1434 C.C.Q., which deals with the "binding force and content of [the] contract", [...] It should not be contrary to public order or contravene any provision of legislation specifically dealing with the point at issue between the parties.
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931.
Canada (Attorney General) v. Leonarduzzi - 2001 FCT 529 - 2001-05-25
Federal Court DecisionsThis is not mandated by the legislation in question, and flies in the face of simple fairness and common sense ...". [...] We are dealing here with the powers of an administrative tribunal in relation to its procedures. [...] This is not mandated by the legislation in question, and flies in the face of simple fairness and common sense.
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932.
Sommerer v. The Queen - 2011 TCC 212 - 2011-04-14
Tax Court of Canada JudgmentsNo, a finding that shares were sold, with an awkward assignment back of some rights, is far closer to maintaining the integrity of the deal struck than to suggest there was no deal at all. [...] The trust then uses the $100 to buy shares from B (at their fair market value at the time of purchase). [...] The trust subsequently sells the shares to C for $200 (their fair market value at the time of sale).
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933.
Sharma v. Canada (Citizenship and Immigration) - 2015 FC 1253 - 2015-11-05
Federal Court DecisionsB. Did the First Secretary breach procedural fairness? C. Was the First Secretary’s decision reasonable? [...] [21] First, the respondent submits the First Secretary did not breach procedural fairness. [...] [25] I need not deal with the issue of evidence that post-dated the First Secretary’s decision as the applicant informed the Court that he was not relying on evidence that was not before the First Secretary.
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934.
Netupsky v. Canada (Customs and Revenue Agency) - 2003 FCT 578 - 2003-05-08
Federal Court Decisions[8] By letter dated the 5th of January 1998, the Applicant's request for relief under the Fairness Provisions of the Income Tax Act was denied. [...] In Cheng v. Canada[10], I applied the foregoing to a judicial review of a fairness review, a discretionary decision. [...] [13] There was no evidence before me to indicate that the Applicant had, during his earlier dealings with tax officials in relation to his income tax affairs for the years 1988 and 1989, raised the issue of de facto bankruptcy.
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935.
Chung v. Canada (Citizenship and Immigration) - 2014 FC 16 - 2014-01-07
Federal Court DecisionsThus, the Respondent submits that in the circumstances of this case the duty of fairness was met. [...] [63] Browne v Dunn, above, deals with a point of procedural fairness and reads in relevant part as follows: [...] that if you intend to impeach a witness you are bound, whilst he is in the box, to give him an opportunity of making any explanation which is open to him; and, as it seems to me, that is not only a rule of professional practice in the conduct of a case, but is essential to fair play and fair dealing with witnesses.
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936.
Angell v. Canada (National Revenue) - 2006 FC 1097 - 2006-09-14
Federal Court Decisions(the Act), and non-compliance with this statutory duty and Minister’s duty of fairness prejudicially affects the applicants’ right to a fair and equitable hearing on the merits of the assessment before the Tax Court of Canada (TCC). [...] [44] The parties clearly put a great deal of effort in preparing their cases. [...] [56] The legislative scheme therefore provides a great deal of flexibility.
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937.
Tamas v. Canada (Citizenship and Immigration) - 2012 FC 1361 - 2012-11-26
Federal Court DecisionsThe RPD also found that Hungary is a functioning democracy with free and fair elections. [...] [52] The Applicants have raised a range of grounds for review and I will deal with each of them in turn. [...] Procedural Fairness [53] The Applicants say the RPD does not deal with their request for an adjournment in its Decision, so that the reasons on this point are not known.
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938.
Mitchell v. The Queen - 2000-09-25
Tax Court of Canada JudgmentsHIS HONOUR: This appeal deals with the 1997 taxation year in which the Appellant claimed for and was turned down by the Minister of National Revenue for the GST rebate. [...] But this Court doesn’t deal with fairness, it has no jurisdiction to deal with matter of fairness, of does it make sense or not.
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939.
Eakin v. Canada (Attorney General) - 2019 FC 1639 - 2019-12-18
Federal Court DecisionsThe Chair stated that he could not deal with the matter that day and adjourned the hearing to November 19, 2018. [...] Procedural fairness was, at best, an afterthought as opposed to being at the forefront. [...] Mr. Eakin argues that the delays themselves breached his right to procedural fairness.
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940.
Tusk Exploration Ltd. v. Canada - 2018 FCA 121 - 2018-06-22
Federal Court of Appeal Decisions(d) the corporation and the person deal with each other at arm’s length throughout the particular year, and [...] For example, under paragraph 69(1)(a) of the ITA, if a taxpayer has acquired anything from a person with whom that taxpayer is not dealing at arm’s length for an amount in excess of the fair market value thereof, the adjustment under that paragraph is only made for the taxpayer who acquires the property. [...] There is also a similar one-sided adjustment under paragraph 69(1)(b) of the ITA for dispositions of property for proceeds that are less than the fair market value of such property.
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941.
Yates v. Canada - 2009 FCA 50 - 2009-02-20
Federal Court of Appeal Decisions2. whether the spouse gave consideration amounting to 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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942.
DRL Vacations Ltd. v. Halifax Port Authority - 2005 FC 860 - 2005-06-15
Federal Court Decisions[3] Even if the process was truly a request for proposals (or "RFP"), DRL says that the HPA had a duty to deal with it fairly and in good faith. [...] As a result, the HPA submits that this Court is without jurisdiction to deal with DRL's application. [...] These should be left to a Court with the jurisdiction to deal with them.
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943.
Tsleil-Waututh Nation v. Canada (National Energy Board) - 2016 FCA 219 - 2016-09-06
Federal Court of Appeal Decisions[76] CEAA 2012 does not contain a provision dealing with the review of decisions made thereunder. [...] Some of it was filed by consent and we allowed the filing of additional material to provide context for the arguments with respect to the alleged breach of procedural fairness as well as the assertion that it is not appropriate, at this stage, for the Court to deal with the issues raised by the TWN. [...] b) donner à l’autorité responsable instruction de faire une déclaration qu’elle remet au promoteur du projet dans laquelle :
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944.
Halford v. Seed Hawk Inc. - 2004 FC 455 - 2004-03-25
Federal Court DecisionsI indicated at that time that I would deal with the matter on the merits. [...] To that extent, there is more justification for saying that the zero till issue is a matter which I overlooked or accidentally omitted to deal with. [...] a) l'objet de la modification est de faire concorder le document avec les questions en litige à l'audience;
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945.
Alook v. Bigstone Cree First Nation - 2007 FC 853 - 2007-08-24
Federal Court Decisions[20] Both issues identified by the applicants raise questions of procedural fairness. [...] [24] I will deal first with the propriety of the procedure followed by the second Appeal Board in this matter. [...] [31] I will also deal briefly with the allegation that a reasonable apprehension of bias existed with respect to the second Appeal Board.
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946.
Ushenin v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 315 - 2003-03-17
Federal Court DecisionsIt may be preferable if the visa officer would inform the applicant of this concern but failure to do so does not violate the duty of fairness. [...] In depriving him of that opportunity, the duty of fairness was breached. [...] In my view, the duty of fairness required the officer to alert Mr. Ushenin of her concerns.
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947.
Badal v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 311 - 2003-03-14
Federal Court Decisions2. Did the Board err in law or breach the duty of fairness in relying on the reasons of the previous panel? [...] This contention is related to the second issue in this case and I will deal with it below. [...] B. Did the Board err in law or breach the duty of fairness in relying on the reasons of the previous panel?
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948.
Edwards v. Canada (Customs and Revenue Agency) - 2002 FCT 618 - 2002-05-31
Federal Court DecisionsThe applicants first applied by letter dated July 27, 2000 for cancellation or waiver of interest under the Fairness provisions of the Income Tax Act to the First Level Fairness Committee. [...] A report was prepared by Heather Campbell and forwarded to the First Level Fairness Committee for review. [...] The purpose of this legislative provision is to allow Revenue Canada, Taxation, to administer the tax system more fairly, by allowing for the application of common sense in dealing with taxpayers who, because of personal misfortune or circumstances beyond their control, are unable to meet deadlines or comply with rules
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949.
Homauoni v. Canada (Citizenship and Immigration) - 2021 FC 1403 - 2021-12-13
Federal Court Decisionsa) Did the RAD breach procedural fairness? b) Was the RAD’s decision to not admit the Report unreasonable? [...] [53] While the Guidelines are not binding, they are indicative of the type of considerations that the IRB may take into account when dealing with vulnerable persons. [...] [65] Given my decision to return the matter back for redetermination, I will not deal with the Applicant’s submission with respect to a sur place claim.
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950.
Simon v. Canada (Attorney General) - 2013 FC 1117 - 2013-11-04
Federal Court Decisionsc) fails to meet the requirements of procedural fairness in accordance with the doctrine of legitimate expectations arising from the past history of dealings between the Crown and the Applicants (Amended Notice of Application, Joint Application Record [JAR], volume 2, p 379-380). [...] 3. Does the Decision breach the Applicants’ rights to procedural fairness? [...] 2. Did the Minister breach the Applicants’ right to procedural fairness?