11,309 result(s)
-
1,076.
Law Society of Upper Canada v. Canada (Minister of Citizenship and Immigration) - 2006 FC 1489 - 2006-12-13
Federal Court Decisions91. Les règlements peuvent prévoir qui peut ou ne peut représenter une personne, dans toute affaire devant le ministre, l’agent ou la Commission, ou faire office de conseil. [...] That Court also determined at paragraphs 59 through 67 that the federal government could deal with/ascertain the representation of others, for a fee, to be undertaken by persons other than lawyers. [...] Taking this approach, it can be seen that the Regulations conform to the statute, they state who may represent persons in dealing with IRPA and before the board.
-
1,077.
Kufsky v. Canada - 2022 FCA 66 - 2022-04-14
Federal Court of Appeal Decisions(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 [...] [5] The fact that a transfer was made between persons who were not dealing at arm’s length is not contested. [...] In any event, in my view, it is not appropriate to deal with this issue in this appeal.
-
1,078.
Noellien v. Canada (Citizenship and Immigration) - 2018 FC 1010 - 2018-10-10
Federal Court DecisionsWas there a breach of procedural fairness? B. Is the RPD’s decision unreasonable because: [...] [15] The applicants’ procedural fairness issue will be reviewed against a standard of correctness. [...] It was in this unique circumstance that the court noted the “Board took care in dealing with the two cases, to deal with them separately, [and to] render separate reasons in each case” (Asfaw at para 5).
-
1,079.
Humane Society of Canada Foundation v. Canada (National Revenue) - 2018 FCA 66 - 2018-03-28
Federal Court of Appeal Decisions21 It is in this context that we find section 317 of the Rules dealing with the request for disclosure of material. [...] When dealing with a judicial review, it is not a matter of requesting the disclosure of any document which could be relevant in the hopes of later establishing relevance. [...] If the Minister has any document to counter the breach of procedural fairness argument, then the Minister has an interest in disclosing it.
-
1,080.
Cox v. Canada (Citizenship and Immigration) - 2012 FC 1220 - 2012-10-19
Federal Court Decisions(a) Was the Board’s exclusion of the post-hearing evidence a breach of procedural fairness? [...] [26] I am not satisfied that the Board met its procedural fairness obligations in this case. [...] A failure to do so gives rise to a breach of procedural fairness. [28] As the application for judicial review is granted on the basis of procedural fairness alone, I find it unnecessary to address the second issue.
-
1,081.
Za’Rour v. Canada (Citizenship and Immigration) - 2007 FC 1281 - 2007-12-06
Federal Court DecisionsIt is certain, with Baker, that the interests of the children are one factor that an immigration officer must examine with a great deal of attention. [...] However, in my opinion the duty of fairness normally only requires reasons to be given on the request of the person to whom the duty is owed and, in the absence of such a request, there will be no breach of the duty of fairness. [...] However, in my opinion, the duty of fairness normally only requires reasons to be given on the request of the person to whom the duty is owed and, in the absence of such a request, there will be no breach of the duty of fairness.
-
1,082.
Ducharme v. The Queen - 2004 TCC 391 - 2004-05-28
Tax Court of Canada Judgmentsb) At all material times, Vienneau and the Appellant were not dealing with each other 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
-
1,083.
Rusli v. Canada (Citizenship and Immigration) - 1997-02-27
Federal Court DecisionsA) The Visa Officer Violated the Rules of Procedural Fairness and Natural Justice [...] In the letter dated February 1, 1996, the visa officer had explicitly mentioned Section 94(1)(k) of the Immigration Act, a section of the law dealing with enforcement offences and punishment. [...] A) Did The Visa Officer Violate the Rules of Procedural Fairness and Natural Justice?
-
1,084.
Canada Post Corporation v. Wighton - 2006 FC 275 - 2006-03-02
Federal Court DecisionsOn October 25, 2004 the CHRC advised the CPC that it was going to deal with the complaint, the decision which is challenged here. [...] However it is argued that she could have brought a grievance against her union for failure to represent her fairly. [...] [23] For these reasons I will dismiss the application of the CPC to set aside the decision of the CHRC to deal with this complaint.
-
1,085.
Heron Bay Investments Ltd. v. The Queen - 2009 TCC 337 - 2009-09-08
Tax Court of Canada JudgmentsWe are dealing with related companies at this point. Without questioning your judgment, why would you make a non-recourse loan? [...] [106] Paragraph 69(1)(a) provides that where a taxpayer acquires property from a person with whom that taxpayer was not dealing at arm’s at an amount in excess of its fair market value at the time, the taxpayer’s cost shall be deemed to be that fair market value. [...] Therefore, the rules applicable to arm’s length traders should apply to those not dealing at arm’s length.
-
1,086.
Momi v. Canada (Minister of Citizenship and Immigration) - 2006 FC 738 - 2006-06-12
Federal Court Decisions[28] I shall deal with each of these conditions in turn. a) Reasonable Cause of Action [...] If material differences emerge, the court can deal with them when the time comes. [...] (i) would fairly and adequately represent the interests of the class,
-
1,087.
Bartley v. Canada (Commissioner of Patents) - 2011 FC 873 - 2011-07-12
Federal Court Decisionsb. the process used by the Patent Office in this case was procedurally fair? [...] [61] Section 21.06 of MOPOP deals with the review by the Patent Appeal Board: [...] (6) Lorsque le refus n’est pas annulé selon le paragraphe (5), le commissaire en fait la révision et le demandeur se voit donner la possibilité de se faire entendre.
-
1,088.
To-Thanh-Hien v. Canada (Attorney General) - 2004 FC 1497 - 2004-10-25
Federal Court DecisionsThe Commission has a number of options in dealing with the report, as set out in section 44, as follows: [...] Contrary to the submissions of the Applicant, the Commission did not deal with a question of law or an interpretation of a statute. [...] [48] The Applicant, however, has also raised the issue of procedural fairness.
-
1,089.
Xudou v. M.N.R. - 2004 TCC 163 - 2004-03-05
Tax Court of Canada Judgments(c) The payor deals with about 200 customers and has annual sales in the range of $200,000; [...] She had to be available seven days a week to deal with any unforeseen situation; [...] The various factors taken into consideration were assessed fairly and reasonably and the conclusion reached is also entirely logical and appropriate.
-
1,090.
Girouard v. Canada (Attorney General) - 2019 FC 434 - 2019-04-09
Federal Court DecisionsIn other words, flexibility is the operative word in dealing with motions to intervene. [...] In the absence of a fair hearing the majority opinion should not stand and these proceedings should be discontinued. [...] The parties and the Court can deal with these issues in full knowledge of the facts.
-
1,091.
King v. The Queen - 2002-05-21
Tax Court of Canada JudgmentsHe showed a great deal of knowledge of some of the cases that have been referred to. [...] [6] On the other hand, counsel for the Respondent was also very fair and complete in presenting his arguments in this case. [...] [57] It is fair to point out that this was a chief source of income case.
-
1,092.
KHARRAT v. Canada (Citizenship and Immigration) - 2007 FC 842 - 2007-08-14
Federal Court Decisions[18] On the other hand, if the Court finds that there was a breach of procedural fairness, the application for judicial review will be allowed since it is settled law that the appropriate standard of review for questions of natural justice and procedural fairness is correctness (Canadian Union of Public Employees (C.U.P.E.) [...] However, these cases deal with issues in an IAD decision or a danger opinion. [...] However, in Pinter, Chief Justice Lutfy found that the officer had decided that she was not required to deal with risk factors in her assessment of the humanitarian and compassionate application.
-
1,093.
Endicott v. Canada (Treasury Board) - 2005 FC 253 - 2005-02-16
Federal Court DecisionsIt will be noted that A/Commander White does not address the "formal notification" question nor does he deal with the applicability of the 2003 policy, the matters actually grieved. [...] It was clearly a directive by Treasury Board as to how departments should deal fairly with their employees. [...] It should be noted in this case that she was not dealing with a substantive issue but only the question of jurisdiction of the Court.
-
1,094.
Fautley v. The Queen - 2002-04-24
Tax Court of Canada Judgments(ii) to a person with whom the taxpayer was dealing at arm's length of any property that is [...] (iv) a debt owing to the taxpayer by a Canadian-controlled private corporation (other than, where the taxpayer is a corporation, a debt owing to it by a corporation with which it does not deal at arm's length) that is [...] (C) the fair market value of the share is nil, and (D) it is reasonable to expect that the corporation will be dissolved or wound up and will not commence to carry on business
-
1,095.
Boudreault v. Canada (Customs and Revenue Agency) - 2002 FCT 84 - 2002-01-28
Federal Court Decisions[8] On line 476 of her tax return for 1997, dealing with tax paid by instalments, the plaintiff entered the amount of $25,000 and claimed a tax rebate amounting to $25,310. [...] [para 8] 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 [...] [30] Further, in paragraph 6 of Diane Mongrain's affidavit she writes that not only did she consult Information Circular IC92-2, she also consulted the policy titled "Application of Fairness Provisions to Interest and Penalty" dated March 1996.
-
1,096.
Iordanov v. Canada (Minister of Citizenship and Immigration) - 1998-03-18
Federal Court Decisionsof evidence which can be presented at CRDD hearings: evidence which is specific to the applicant's claim and which corroborates the applicant's evidence and evidence which is general in form (documentary evidence) and does not specifically deal with the applicant's claim, but which generally deals with country conditions. [...] To deal with this issue, it is necessary to determine whether such an undertaking was made and whether the CRDD failed to fulfil its undertaking. [...] The tribunal fell short of its duty to be fair and to evince natural justice, by not even mentioning whether it did in fact view the video as promised, or even to say what it made of the video.
-
1,097.
Carr v. The Queen - 2004 TCC 434 - 2004-06-18
Tax Court of Canada JudgmentsSalt water deteriorates a boat faster; however, not many such boats are seen in Ontario, so that is something they do not have to deal with. [...] These definitions are equally applicable to "fair market value" and "market value" and it is doubtful if the use of the word "fair" adds anything to the words "market value". [...] As Bowman A.C.J. points out above, price lists (or asking prices) do not establish fair market value.
-
1,098.
Colitto v. The Queen - 2019 TCC 88 - 2019-04-26
Tax Court of Canada Judgments(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 [...] A person with whom the transferor was not dealing at arm’s length. 4) The fair market value of the property transferred must exceed the fair market value of the consideration given by the transferee.
-
1,099.
Stanfield v. Canada (Minister of National Revenue) - 2004 FC 584 - 2004-04-20
Federal Court Decisions[52] Question 69 deals with a different aspect of the April 2001 meeting. [...] This deals with the secondment of Mr. Kuhn to the Investigations Division. [...] All the more so in that the question deals with a decision as to penalties which has not been made.
-
1,100.
Seck v. Canada (Attorney General) - 2012 FCA 314 - 2012-11-29
Federal Court of Appeal Decisionsa) révoquer la nomination ou ne pas faire la nomination, selon le cas; [...] However, this requirement was not added to section 69, which deals with fraud. [...] This distinction is important, both for the purpose of delimiting the action that the Commission may take under the section in issue and for the purpose of defining the Commission’s duty to deal fairly with the people it investigates.