11,309 result(s)
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1,176.
Singh v. Canada (Citizenship and Immigration) - 2023 FC 1036 - 2023-07-28
Federal Court DecisionsIssues related to procedural fairness are subject to the standard of what level of fairness the circumstances require: Canadian Pacific Railway Company v Canada (Attorney General), 2018 FCA 69 at para 51. [...] The Respondent submits the Officer met the low level of procedural fairness required. [...] [26] The Applicant’s procedural fairness argument is predicated on the basis that the officer’s concern that the level of the English class he had taken was not conveyed to him in the fairness letter.
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1,177.
Bremer v. Canada (Attorney General) - 2006 FC 91 - 2006-01-27
Federal Court Decisions[8] The applicant requested a fairness review of the penalty and interest charges. [...] [17] The Federal Court of Appeal discussed the standard of review to be applied to discretionary decisions of the Minister dealing with the fairness legislation under the Act in Lanno v. Canada (Customs and Revenue Agency), 2005 FCA 153 at paragraphs 6 and 7: [...] Hence, the decision-maker was dealing with a question of mixed fact and law and as such, more deference is called for.
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1,178.
Jacko v. Cold Lake First Nation - 2014 FC 1108 - 2014-11-21
Federal Court Decisions5. Did the Appeal Committee breach the duty of procedural fairness? V. STANDARD OF REVIEW [...] (5) Procedural Fairness [37] The Applicant submits that a duty of procedural fairness is incumbent on every public authority making an administrative decision affecting the rights, privileges or interests of an individual: Canada (Attorney General) v Mavi, 2011 SCC 30 at para 38 [Mavi]. [...] Section 7 of the Election law deals with protests about “a person’s nomination.” This may well involve eligibility considerations but it only refers to the nomination process.
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1,179.
Tjelta v. The Queen - 2017 TCC 187 - 2017-09-25
Tax Court of Canada JudgmentsMr. Tjelta did not provide Mr. Beatty with any documentary evidence supporting Empire’s ownership of those assets or their fair market value. [...] [40] Had it been necessary for me to determine the ownership and fair market value of the assets described by Mr. Tjelta, I would have reached the following conclusions: [...] [9] Other than his oral evidence, Mr. Tjelta did not provide any proof of their fair market value.
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1,180.
Canada v. Chamas - 2006 FC 1548 - 2006-12-22
Federal Court DecisionsFirst, he contends that the Agency conducted a secret investigation in contravention of the rules of procedural fairness and principles of openness. [...] The initial letter of September 15, 2005, requested a meeting to discuss his residency status and his different commercial dealings in Canada. [...] The Agency did not violate the principles of procedural fairness and openness in the circumstances.
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1,181.
Mckinnon v. The Canadian Human Rights Commission - 2001 FCT 979 - 2001-08-31
Federal Court DecisionsCommission to deal with complaint 41(1) Subject to section 40, the Commission shall deal with any complaint filed with it unless in respect of that complaint it appears to the Commission that [...] Procedural Fairness [19] The applicants state that they were denied procedural fairness, although this point was not pressed during oral submissions. [...] The Commission fully complied with the requirements of procedural fairness.
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1,182.
Gestion B. Dufresne Ltée v. The Queen - 1998-08-05
Tax Court of Canada Judgments(i) a disposition of any property to a person with whom that corporation was dealing at arm’s length, or [...] (a) related persons shall be deemed not to deal with each other at arm’s length; and [...] Third, it must be determined whether they are dealing with each other at arm’s length.
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1,183.
Garvey v. Meyers Transport Ltd. - 2004 FC 1712 - 2004-12-09
Federal Court Decisions(t)he rule of procedural fairness requires that a complainant know the substance of the case against him or her. [...] [15] The Applicant notes that the CHRC did not deal with disability in its decision. [...] [17] In light of these points, it was reasonable for the CHRC itself not to deal with the allegation of discrimination based on disability.
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1,184.
Pothier v. Canada (Attorney General) - 2021 FC 979 - 2021-09-22
Federal Court DecisionsMoreover, the order sought will have minimal impact on procedural fairness and court openness. [...] While Sherman deals with the disclosure of highly personal “biographical information”, it does not preclude consideration of other types of risk. [...] In this case, it is not clear why or how redaction of this information would deprive the applicant of a fair hearing.
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1,185.
Enercorp Sand Solutions Inc. v. Specialized Desanders Inc. - 2018 FCA 215 - 2018-11-23
Federal Court of Appeal Decisions[18] However, before addressing the substance of the appeal, it is necessary to deal with an issue of terminology. [...] Ultimately, it boils down to a consideration of simple fairness, common sense and the interest that the courts have that justice be done. [...] [36] In deciding whether pleadings are “manageable and fair”, the Court should consider the whole of the circumstances, including the relative knowledge and means of knowledge of the parties.
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1,186.
Dupuis v. Canada (Attorney General) - 2016 FC 1137 - 2016-10-12
Federal Court DecisionsThis involves a question as to the thoroughness of the investigation, which is a question of procedural fairness. [...] [48] In Slattery, above, this Court discussed the content of the duty of fairness required of Commission investigations. [...] Consequently, I am of the view that the investigator did not breach the principles of procedural fairness by failing to follow up on this evidence with Mr. Dupuis.
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1,187.
Sofina Foods Inc. v. Canada (Attorney General) - 2015 FC 47 - 2015-01-13
Federal Court Decisions[15] Section 6 of the Import Allocation Regulations deals with these considerations: [...] Such guidelines allow the agency in question to deal with a specific problem proactively and help applicants affected by that problem predict how the agency will likely deal with it [...]. [...] E. Issue 4: Whether DFAIT breached the obligation of fairness it owed to the Applicants
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1,188.
Wax v. Canada (Attorney General) - 2006 FC 675 - 2006-06-01
Federal Court DecisionsThis last argument was not brought up to the attention of Mrs. Gouin and therefore, she did not have to deal with it. [...] [14] There were a fair number of demands made by the Applicant to review the calculations of interests. [...] After all, the CCRA has the duty and obligation to make sure that the ITA is applied in a fair, uniform and equitable way for all taxpayers.
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1,189.
Moghadam v. Canada (Minister of Citizenship and Immigration) - 2003 FC 1433 - 2003-12-09
Federal Court Decisions6. Did the Board breach the principles of fairness and of legitimate expectations in relation to its findings concerning the applicant's oral evidence? [...] [32] I propose to deal first with Issue 4. Did the Board fail to deal with a ground of persecution? [...] [37] Because of my finding on Issue 4, I will not deal with the other issues.
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1,190.
Gorgulu v. Canada (Citizenship and Immigration) - 2023 FC 23 - 2023-01-05
Federal Court DecisionsHe does not argue that the decision was made in breach of the requirements of procedural fairness. [...] The reviewing court reviews the legality, rationality, and fairness of what the decision maker has done. [...] IRCC personnel who deal with PRRA applications cannot be expected to understand documents that are not written in English or French.
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1,191.
Siddoo v. International Longshoreman’s Warehousemen’s Union, Local 502 - 2017 FC 678 - 2017-07-12
Federal Court DecisionsIn any area of the law we turn our attention to, we find ourselves dealing with the reasonable, reasonableness or rationality. [...] [66] These paragraphs do not establish a basis for finding a breach of procedural fairness. [...] [71] Section 7, 9 and 10 deal with discrimination relative to employment.
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1,192.
Apotex Inc. v. Merck & Co. - 2006 FCA 323 - 2006-10-10
Federal Court of Appeal DecisionsIssue 2: Is Apotex entitled to the common law fair dealing exemption? [...] In the present case, however, Apotex was permitted to retain only the infringing product that Hughes J. found to be exempt under subsection 55.2(1) and the fair dealing exception. [...] [119] At paragraph 113, supra, I already noted that once a user has proceeded beyond the experimental and testing phase, the fair dealing exception no longer applies.
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1,193.
Jackson v. Piikani First Nation - 2021 FC 246 - 2021-03-22
Federal Court DecisionsThis decision was only a preliminary step in the administrative process created for dealing with removal petitions. [...] He also highlights several breaches of procedural fairness. [16] However, the fact that an applicant raises jurisdictional or procedural fairness issues does not, in itself, give rise to exceptional circumstances justifying the intervention of the Court before the administrative process is completed: CB Powell, at [...] [19] As I am staying the application, it is not necessary to deal with Councillor Jackson’s motion.
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1,194.
Raphael v. Canada - 2002 FCA 23 - 2002-01-17
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 [...] He also held that the husband and wife were not dealing at arm's length.
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1,195.
Shaw v. The Queen - 2007 TCC 148 - 2007-03-15
Tax Court of Canada JudgmentsRespondent's counsel presented two authorities for this position which I will deal with later in these Reasons. [...] [14] I will deal first with the issue as to whether a written agreement has to be executed to be a written agreement under which a payment is made. [...] As a matter of fair inference such signature also attaches itself to the 1998 agreement.
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1,196.
Front commun des personnes assistées sociales du Quebec v. Canada (Canadian Radio-Television and Telecommunications Commission) - 2003 FCA 394 - 2003-10-23
Federal Court of Appeal DecisionsThe subsection requires full, fair and proper treatment of a subject broadcast. [...] The relevant facts put forward may cover a wide spectrum dealing with scientific, social, economic and political aspects. [...] A respondent cannot, by simply consenting to dispense with the factual background, require or expect a court to deal with an issue such as this in a factual void . . .
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1,197.
Detorakis v. Canada (Attorney General) - 2009 FC 144 - 2009-02-11
Federal Court DecisionsFor Mr. Detorakis’ benefit and for the information of the judges who will deal with the remaining steps in this proceeding, I will set out my reasons for disposing of the motions at some length. [...] We remain at the disposal of the Court with respect to any direction the Court may issue in dealing with this matter. [...] [47] As submitted by the respondent, legitimate expectation is an aspect of procedural fairness.
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1,198.
Nadeau v. The Queen - 1999-02-03
Tax Court of Canada JudgmentsThe respondent cited two leading cases dealing with s. 245 of the Act: [...] [36] To begin with, I feel it is worth reproducing the provisions dealing with tax avoidance: [...] At the time of the transaction in 1990 her shares had a fair market value of $467,687.
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1,199.
Sawridge Band v. Canada - 2006 FC 1218 - 2006-10-12
Federal Court DecisionsThe only answer I was given was “But when you deal with Mr. Henderson’s comments about the issues, what I say to you is forget about them. [...] [84] The short answers to these concerns are fairly obvious given the way these actions have evolved over a long period of time, and the Court must remain consistent with its previous rulings. [...] Fairness dictates that they now submit themselves to the trial process at the appointed time.
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1,200.
Lill v. Canada - 2023 FC 1364 - 2023-10-13
Federal Court DecisionsWhen 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. [...] [21] It is in this context that we find section 317 of the Rules dealing with the request for disclosure of material. [...] It remains unclear what “procedural fairness” the applicant was referring to.