11,309 result(s)
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976.
Letourneau v. Clearbrook Iron Works Ltd. - 2004 FC 1422 - 2004-10-14
Federal Court DecisionsIt is fairly clear that the counsel has the best answer that is available and if he needs more he can always send some other witness out to make an actual measurement. [...] From this I take it that in some circumstances fairly specific questions dealing with the prosecution of the patent may be admissible. [...] This is fairly serious in that the counterclaim puts the allegation into the context of a false and misleading statement.
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977.
Harold v. Canada (Customs and Revenue Agency) - 2003 FCT 688 - 2003-05-30
Federal Court DecisionsThe 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 [...] (2) The fairness worksheet prepared by Ms. Maeda; (3) The Applicant's first fairness request letter; [...] (5) The fairness worksheet prepared by Ms. Leib; (6) The Applicant's second fairness request letter and enclosures;
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978.
Moonshiram v. College of Immigration and Citizenship Consultants - 2024 FC 1212 - 2024-07-30
Federal Court DecisionsB. The Disciplinary Proceedings: Procedural Fairness Allegations [39] The Applicant raises two types of procedural fairness allegations. [...] One deals with the process in the investigation stage leading to the referral to the Discipline Committee; and the other deals with what occurred during the adjudication stage after the referral to the Discipline Committee. [...] [41] An assessment of procedural fairness requires taking into account the particular context and circumstances at issue, to determine whether the process followed by the administrative decision maker was fair and offered the parties a right to be heard and a full and fair chance to know and respond to the case against
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979.
Timberwest Forest Corp. v. Canada - 2007 FC 148 - 2007-02-08
Federal Court DecisionsTimber is considered to be surplus to the needs of B.C. if no fair offers have been received. [...] (c) the offer should be dismissed as it does not represent fair market value; and [...] The plaintiff has not challenged the legislative provisions dealing with the issuance of export permits.
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980.
Peach v. Canada - 2022 FCA 163 - 2022-09-29
Federal Court of Appeal Decisions[8] Second, the appellant contends that the Tax Court breached its duty of procedural fairness. [...] [15] Subsection 18.15(3) of the Tax Court of Canada Act, R.S.C. 1985, c. T-2 requires Tax Court judges to deal with appeals under the informal procedure “as informally and expeditiously as the circumstances and considerations of fairness permit.” [...] In sum, the appellant’s case reveals a proceeding that was both fair and accommodating.
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981.
Kahin v. Canada (Transport, Infrastructure and Communities) - 2010 FC 247 - 2010-03-03
Federal Court Decisions[11] There are a surprising number of cases dealing with persons employed at airport facilities and security clearance issues. [...] Justice Pinard in Motta at paragraph 13 described the procedural fairness to be afforded in such circumstances as minimal: [...] [13] In the case at bar, we are dealing with a simple application for clearance or a permit made by a person who has no existing right to that clearance or permit and is not accused of anything.
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982.
Subotic v. Canada (Citizenship and Immigration) - 2004 FC 1203 - 2004-09-01
Federal Court DecisionsDid the Board deny the applicants procedural fairness when it did not allow the male applicant to testify? [...] However, she relies on Bhatti v. Canada (Secretary of State) (1994), 84 F.T.R. 145, a decision which deals with the concept of indirect persecution. [...] [20] In conclusion, it is evident that Mrs. Subotic has been through a great deal of trauma in Bosnia-Herzegovina and that she has the care and support of her son and daughter here in Canada.
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983.
Bees v. Canada (Attorney General) - 2014 FC 131 - 2014-02-05
Federal Court Decisions[28] I agree with the Respondent that the Applicant should not be allowed to raise this procedural fairness argument. [...] Allowing the Applicant to advance the breach of procedural fairness argument at this late stage would prejudice the Respondent. [...] The Applicant also addresses the jurisdiction of the MPCC to deal with his Second Complaint.
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984.
Wagner v. Canada (Attorney General) - 2017 FC 801 - 2017-09-01
Federal Court Decisions[14] General Vance then found this breach of procedural fairness had been remedied. [...] i) A 2(a) release would not deal a permanent, crippling blow to the Applicant’s future success and ability to secure employment; [...] [57] As the Applicant was unsuccessful, I will not deal with whether the remedy he sought would have been appropriate.
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985.
Ahmed v. Canada (Citizenship and Immigration) - 2018 FC 1157 - 2018-11-16
Federal Court DecisionsThe Respondent argues that in any event, there was no breach of procedural fairness. [...] However, Rule 52 only allows the RAD to “do whatever is necessary to deal with the matter” where there is no provision in the Rules dealing with that matter, i.e. where there is a gap. [...] [...] . . . 52 In the absence of a provision in these Rules dealing with a matter raised during the proceedings, the Division may do whatever is necessary to deal with the matter.
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986.
Rasa v. Canada (Minister of Citizenship and Immigration) - 2000-05-11
Federal Court DecisionsIn the present case, the Court is dealing with a review of the discretionary decisions of a delegate of the Minister of Citizenship and Immigration ("Minister"). [...] (d) The Minister is alleged not to have acted fairly when making her decision under section 53(1)(d) of the Immigration Act. [...] [25] The Convention Against Torture deals only with acts of torture that may be
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987.
Mathieu v. The Queen - 2014 TCC 207 - 2014-06-27
Tax Court of Canada Judgments(a) related persons shall be deemed not to deal with each other at arm’s length; [...] 12. Every enactment is deemed remedial, and shall be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objects. [...] To modify the plain legislative language so that it conforms to the judge’s notion of what is more reasonable or more fair or less absurd would be to usurp the role of Parliament.
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988.
Abbott v. Canada (Attorney General) - 2021 FCA 109 - 2021-06-02
Federal Court of Appeal DecisionsRather, “[a] court assessing a procedural fairness argument is required to ask whether the procedure was fair having regard to all of the circumstances” (Canadian Pacific, para. 54). [...] The appellant says that the Judge properly found the directive was a “marked departure” from the respondents’ earlier dealings with the enrolment committee (FC Decision, para. 124). [...] CGI Information Systems is a commercial case that deals with a competitive procurement process in the specific context of an alleged breach under the North American Fair Trade Agreement (paras. 45-46, 58, 60).
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989.
Zhao-Jie v. TD Waterhouse Canada Inc. - 2024 FC 261 - 2024-02-16
Federal Court DecisionsThe Claim alleges the plaintiff is “the Plenipotentiary of the victim Chen Zhe to deal with the matter with TD from Feb. 2, 2010” (paragraph 2), with “TD” referring to the defendant, TD Waterhouse Canada Inc. (paragraph 1). [...] The reason for this is simple – it is not fair to a defendant to have to respond to claims that are not explained in sufficient detail for them to understand what the claim is based on, or to have to deal with claims based on unsupported assumptions or speculation. [...] Neither is it fair to the Court that will have to ensure that the hearing is done in a fair and efficient manner.
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990.
Universal Sales Limited v. Edinburgh Assurance Co. Ltd. - 2009 FC 150 - 2009-02-12
Federal Court Decisions[9] This motion deals with the Defendants’ refusal to produce documents or answer discovery questions related to when they determined there was no coverage. [...] In the circumstances, the concern of “completion and fairness” as referred to By Justice O’Driscoll in Stevenson v. Reimer, [1993] O.J. No. 2800, is of no moment. [...] 2. Waiver of solicitor-client privilege may occur in the absence of an intention to waive, where fairness and consistency so require.
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991.
Norwegian v. Canada (Minister of Environment) - 2005 FC 374 - 2005-03-15
Federal Court DecisionsThese references to procedure and procedural fairness as a means of extending the production of documents could be relevant in the present instance, and logically lead to the Friends of the West Country case, to which I will shortly return. [...] [13] All of the exceptions to the general rule, that it is the material which was before the tribunal that is produceable, while fairly narrow, are recognized as existing exceptions, including procedural matters. [...] The production requested, set out in the notice of application, is fairly specific.
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992.
Krishnan v. Royal Bank of Canada - 2005 FC 376 - 2005-03-16
Federal Court DecisionsThe ground would be "severely out of time and the CHRC may decide not to deal with it". [...] Rather, I am required to evaluate whether procedural fairness has been afforded by the tribunal. [...] Rather, he asks me to quash a decision of the CHRC not to deal with his new complaint of sexual orientation as a ground of discrimination.
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993.
Canadian Association of Refugee Lawyers v. Canada (Immigration, Refugees and Citizenship) - 2020 FCA 196 - 2020-11-13
Federal Court of Appeal Decisions[7] The policy notes accompanying the issuance of the JGs stress that the fair and efficient determination of refugee claims before the Refugee Protection Division (RPD) and the RAD is of “great importance” to the Board, and is “essential” to the Board dealing with a “significant backlog” in the refugee determination [...] What matters, at the end of the day, is whether or not procedural fairness has been met. [...] to take “any action that may be necessary to ensure that the members of the Board carry out their duties efficiently and without undue delay”, but subsection 162(2) requires the IRB to deal with proceedings “as informally and quickly as the circumstances and the considerations of fairness and natural justice permit”.
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994.
Gill v. Canada - 2002 FCT 973 - 2002-09-12
Federal Court DecisionsThe motion gives rise to several points which, while fairly basic, may be disposed of summarily. [...] These two paragraphs are fundamental to the claim; in passing I also decline to strike them out, as contended by the Defendant, as tending to delay a fair trial. [...] Paragraph 3 is said not to display a reasonable cause of action, to be scandalous and vexatious, to be abusive and to be such as it will delay a fair trail.
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995.
Dela Rea Manalang v. Canada (Public Safety and Emergency Preparedness) - 2007 FC 1368 - 2007-12-28
Federal Court Decisions(2) Each Division shall deal with all proceedings before it as informally and quickly as the circumstances and the considerations of fairness and natural justice permit. [...] 57. In the absence of a provision in these Rules dealing with a matter raised during an appeal, the Division may do whatever is necessary to deal with the matter. [...] [106] In my view, the IAD fairly assessed the evidence before it relative to humanitarian and compassionate grounds.
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996.
Calixte v. Canada (Citizenship and Immigration) - 2021 FC 55 - 2021-01-14
Federal Court DecisionsA. Was there a breach of procedural fairness? B. Was the RAD’s decision reasonable? [...] The principal applicant had a great deal of difficulty, so much so that the RPD agreed to adjourn the hearing because she was not feeling well. [...] [25] For all of these reasons, I am not satisfied that there was a breach of procedural fairness.
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997.
Canada v. Gilbert - 2007 FCA 136 - 2007-04-04
Federal Court of Appeal Decisions(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 [...] Applying the definition of fair market value accepted by our Court in Nash, supra, I find that the fair market value paid to the transferor for the purposes of section 160 is $55,000 for each of the respondents.
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998.
Transalta Corporation v. Canada - 2012 FCA 20 - 2012-01-20
Federal Court of Appeal DecisionsIt is not disputed that these were knowledgeable and experienced investors dealing with TransAlta at arm’s length. [...] The duty of the Board was to fix fair and reasonable rates; rates which, under the circumstances, would be fair to the consumer on the one hand, and which, on the other hand, would secure to the company a fair return for the capital invested. [...] [68] Finally, when dealing with a multitude of goodwill elements, it is improper to assign a specific separate value to each of its constitutive elements.
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999.
Wenham v. Canada (Attorney General) - 2018 FCA 199 - 2018-11-01
Federal Court of Appeal DecisionsSome questions are so bereft of legal content and are “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 the other branches of government”: Hupacasath at para. 62. [...] (i) first, whether the class proceeding would be a fair, efficient and manageable method of advancing the claim; and [...] [102] The litigation plan need not deal with the limitation period issue.
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1,000.
Kim v. Canada (Citizenship and Immigration) - 2015 FC 122 - 2015-08-19
Federal Court DecisionsThe material portion of the Fairness Letter reads as follows: Dear Applicant, [...] [17] Section 36(3)(c) of the IRPA deals with deemed rehabilitation and it provides as follows: [...] The provisions dealing with those persons convicted outside Canada provide as follows: