11,309 result(s)
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1,126.
Benchery v. Canada (Citizenship and Immigration) - 2020 FC 217 - 2020-02-07
Federal Court DecisionsIn the circumstances of this case, I agree that this issue must be dealt with as a matter of procedural fairness. [...] The second issue also deals with procedural fairness. [9] The Federal Court of Appeal recently addressed how to approach issues of procedural fairness in Canadian Pacific Railway Company v Canada (Attorney General), 2018 FCA 69 [Canadian Pacific]. [...] [15] There is no case law dealing with the interpretation of paragraph 228(4)(b) of the IRPR. In the context of hearings before the Board, subsection 167(2) of the IRPA provides similar protection for vulnerable claimants:
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1,127.
Thambipillai v. Canada (Minister of Citizenship and Immigration) - 1999-07-22
Federal Court Decisions[3] I will deal first with the issues of natural justice and procedural fairness. [...] [9] Accordingly, having reviewed these matters, I am satisfied that there was no denial of natural justice nor procedural fairness, nor was there denial of a fair hearing to the applicant. [...] If so, can it deal with such exclusion issue without expressly raising that issue?
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1,128.
Marchand v. M.N.R. - 2000-11-12
Tax Court of Canada JudgmentsIn that case, the Court was dealing with assumptions made by the Minister in making an assessment in a tax matter. [...] control over the other and that the dealings of the parties are not consistent with the object and the spirit of the provisions of the law and they do not demonstrate a fair participation in the ordinary operation of the economic forces of the market place (see Attorney General of Canada v. Rousselle et al., 124 N.R. 339). [...] what might be expected of parties dealing with each other at arm's length and that the dealings between the Appellant and the Payor were not consistent with0 the object and spirit of the UI Act and the EI Act and does not demonstrate a fair participation in the ordinary operation of the economic forces of the market place.
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1,129.
Prince v. Sucker Creek First Nation - 2008 FC 1268 - 2008-11-14
Federal Court Decisions3. Was the decision to suspend the applicants lacking in procedural fairness? [...] 2. Was the decision to remove the applicants lacking in procedural fairness? [...] The appellate body under the Election Regulations, the Election Appeal Committee, does not have any specific ability to deal with errors of this nature.
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1,130.
Drouin v. The Queen - 2013 TCC 139 - 2013-10-17
Tax Court of Canada Judgments(8) financing terms were largely moved into an appendix, since the financing terms can vary and it is [translation] "easier to deal with an appendix than to deal with a contract each time" (section 12 and appendix); [...] . . . (s) The fair market value of the franchise and the rights related thereto was nil. [...] (cc) The fair market value of a Prospector International Networks Inc. franchise being low if not nil;
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1,131.
Zare v. Canada (Citizenship and Immigration) - 2010 FC 1024 - 2010-10-20
Federal Court Decisions[21] Questions of procedural fairness are assessed on a correctness standard. [...] Was the Applicant denied procedural fairness by the email transmission of the request to provide additional information? [...] Although I am satisfied that the Visa Officer has acted in good faith in sending the request by email, the Respondent has an obligation to deal with the Applicant fairly which goes beyond simply pressing the email send button.
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1,132.
Ollevier v. Canada (Attorney General) - 2008 FC 199 - 2008-02-18
Federal Court DecisionsIt is always for the Court to decide whether an administrative decision-maker complied with its duty of procedural fairness. [...] [45] In view of my conclusion on the first question, it is not necessary to deal with this issue. [...] However, for the sake of completeness, I will deal briefly with the Appeal Board’s alleged failure to deal with two submissions made by Mr. Ollevier.
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1,133.
Alfred v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1134 - 2005-08-18
Federal Court Decisions[36] Given my finding with respect to procedural fairness, it is not necessary for me to deal with this issue. [...] However, as the matter may well arise again in the course of redetermining the PRRA application, I did consider whether to deal with what constitutes new evidence. [...] [38] Following consideration of those submissions, an order will issue allowing the application for judicial review and dealing with certification of a question.
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1,134.
Gilbert v. The Queen - 2005 TCC 672 - 2004-10-17
Tax Court of Canada Judgments(d) The Appellant was not dealing with the Corporation at arm's length. [...] [27] As to the fair market value of the dividend, counsel for the Respondent contends that the fair market value is that of the property in the hands of the transferor, not the transferee. [...] (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,
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1,135.
Genencor International Inc. v. Canada (Commissioner of Patents) - 2008 FC 608 - 2008-05-15
Federal Court Decisions[33] In what follows, I will deal first with the issue of standard of review, secondly, with the issues of procedural fairness and natural justice and finally, with the issues going to the merits of the decision under appeal. [...] Tribunals charged with regulating economic activity have not had placed on them the same high standards as tribunals dealing with personal individual rights. [...] In Western Electric Co. v. Baldwin International Radio of Canada,...the Court cited earlier authority dealing with the word “conduit” as used in a patent claim.
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1,136.
Hiebert v. Canada (Attorney General) - 2003 FC 1503 - 2003-12-19
Federal Court Decisions[28] The Act also provides a distinct way of dealing with ascertained forfeiture amounts in the event that there is a dispute over contravention or quantums. [...] [31] From this I conclude it was Parliament's intent to deal with sums assessed under the ascertained forfeiture procedure by way of ss. 129, 131 and 133 of the Act and not by way of s. 3.3(1). [...] However, the Respondent takes the position that this matter is not before me on this Application, which deals with the ss. 3.3(1) decision only, and that the Applicant's assertions in this regard are incorrect.
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1,137.
McKesson Canada Corporation v. Canada - 2014 FCA 290 - 2014-12-09
Federal Court of Appeal DecisionsIt adds that the recusal reasons affect neither the appearance nor the reality of a fair appeal in this Court. [...] The imposition of terms is a handy tool to promote fairness and mitigate prejudice, while allowing the court to get at the real issues in the case. [...] Some might wonder, “What’s the big deal about nine pages?” [24] Unnecessarily lengthy, diffuse submissions are like an unpacked, fluffy snowball.
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1,138.
Figueroa v. Canada (Minister of Citizenship and Immigration) - 2003 FC 1339 - 2003-12-18
Federal Court DecisionsThe Applicant says that the lack of reasons amounts to a breach of procedural fairness. [...] Similarly, there is no issue raised concerning the choice of procedure by the Respondent in dealing with the Applicant's request. [...] [19] In this case and upon the facts presented, there is a doubt about the fairness with which the Applicant was treated.
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1,139.
Safaeian v. Canada (Citizenship and Immigration) - 2024 FC 846 - 2024-06-05
Federal Court DecisionsThe Applicant will respect any fair and rightful disposition by the Court. [...] The Court had issued a number of Directions dealing with the letter submitted by Counsel for the Applicant on April 5. [...] [13] Time was required to deal with the communications from Counsel.
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1,140.
Brysenko v. Canada (Minister of Citizenship and Immigration) - 2000-09-14
Federal Court Decisions[9] The Yan decision deals with a situation in which a breach of the rules of fairness occurred. [...] However, it does not assist the applicant because it did not deal with a second visa officer revisiting a decision that had been made by another officer. [...] Thus, there was no breach of the rules of fairness. [10] I am not persuaded that the doctrine of functus officio applies to the first decision, nor that the procedure that was followed was in breach of the rules of fairness or natural justice.
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1,141.
Galanakis v. The Queen - 1999-05-20
Tax Court of Canada JudgmentsA fairly large capital gains deduction, about $70,000, was allowed. [5] I shall deal first with Mr. Galanakis' income from the taxi business. [...] [17] The Minister assumed the property had a fair market value of $220,000. [...] [19] In assessing the Minister applied section 69 and assumed that since the transfers were between persons not dealing at arm's length they took place at fair market value.
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1,142.
Sellathurai v. Canada (Public Safety and Emergency Preparedness) - 2011 FCA 223 - 2011-07-11
Federal Court of Appeal Decisions[6] The Judge disagreed with Mr. Sellathurai’s submission that the Federal Court was required to deal with the issue under section 38 of the Evidence Act. Where another statute provided a legislative scheme for dealing with secret documents in the context of a particular type of proceedings, that scheme took precedence. [...] Court had jurisdiction to deal with the inadvertent disclosure of documents in the course of events leading to a decision under subsection 34(2) of the Act. Central to this appeal is whether the Act, the Evidence Act or neither gave jurisdiction to the Federal Court to deal with the Minister’s inadvertent disclosure. [...] Until it is decided whether the Federal Court possessed the jurisdiction to deal with this matter, its jurisdiction has not been established and this appeal should proceed.
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1,143.
Lord v. Canada - 2001 FCT 397 - 2001-04-26
Federal Court DecisionsThe Concise Oxford Dictionary (1990) defines "treatment" as "a process or manner of behaving towards or dealing with a person or thing...." [...] Q.B.), a case dealing with restrictions imposed on an accused in remand custody while awaiting trial, McDonald J. stated as follows, at p. 372: [...] 4. Les actes discriminatoires prévus aux articles 5 à 14.1 peuvent faire l'objet d'une plainte en vertu de la partie III et toute personne reconnue coupable de ces actes peut faire l'objet des ordonnances prévues aux articles 53 et 54.
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1,144.
Ross v. Mohawk Council of Kanesatake - 2003 FCT 531 - 2003-04-29
Federal Court DecisionsThe section dealing with the authority of the Commission includes the following: [...] There is no evidence to show that it was ever finally accepted but there is evidence, from Grand Chief Gabriel and Louise Bonspille, that the Respondent Council acted together with the Commission in dealing with dismissals. [...] [95] This behaviour is another manifestation of breach of the duty to act fairly.
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1,145.
Bamengzut v. Canada (Citizenship and Immigration) - 2007 FC 1260 - 2007-11-30
Federal Court Decisions2. Mr. Bamengzut failed to establish any breach of procedural fairness. [...] The fourth deals with Mr. Bamengzut’s testimony at the hearing as to whether, during a certain period of time, he was safe from harm because he lived in a protected environment. [...] Serious allegations of unfairness have been raised in respect of the conduct of the RPD. To deal with the application other than on the merits would leave those allegations outstanding.
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1,146.
Desnomie v. Peepeekisis First Nation - 2007 FC 426 - 2007-04-20
Federal Court DecisionsIn fact, counsel for the respondent has directed this Court to an irrelevant statutory provision, one that deals with amendments to the Custom Election Act, to support this argument. [...] [14] The applicant submits that the Council had a duty of fairness towards him which it failed to uphold. [...] Nevertheless, I have no hesitation to conclude that there was a patent violation of the applicant’s right to procedural fairness.
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1,147.
Mazraani v. M.N.R. - 2016 TCC 65 - 2016-04-12
Tax Court of Canada JudgmentsIls ont fait leurs preuves et ils savent surtout quoi faire pour réussir. [...] Is that a fair --- MR. MICHAUD: Yeah. JUSTICE ARCHAMBAULT: --- comment? [...] 5. To use underwriting techniques that are sound and fair. 6. To pay all valid claims fairly and promptly and without unreasonable requirements.
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1,148.
Pierre v. Canada (Border Services Agency) - 2016 FCA 124 - 2016-04-21
Federal Court of Appeal DecisionsA. Did the Judge correctly conclude that the Tribunal had not breached its duty of procedural fairness? [...] According to the appellant, that lack of transparency constitutes a violation of the rules of procedural fairness. [...] I am of the opinion that paragraph 34 of the Tribunal’s reasons deals reasonably with the appellant’s argument.
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1,149.
Guylas v. Canada (Citizenship and Immigration) - 2015 FC 202 - 2015-02-18
Federal Court Decisions[3] Having concluded that there was a failure of procedural fairness, the application is allowed. [...] I am also of the view that the RPD’s dealings with the party must be both fair and reasonable in the circumstances. [...] Justice must be seen to be done, so while I find it commendable from an efficiency standpoint that the Member was prepared to deal with both matters, the aura of urgency that pervaded the hearing undermined the process.
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1,150.
Walsh v. Canada (Attorney General) - 2017 FC 411 - 2017-04-27
Federal Court DecisionsThe refusal of interest relief is inconsistent with the spirit of taxpayer relief provisions and undermines the fairness process. [...] More importantly, The CRA intended to first deal with a different ‘departure trade’ case [which ultimately was Grant] as a ‘test case’ before dealing with the appeal of the Taxpayer. [...] The following summarizes our understanding of the facts in dealing with these delays.