11,309 result(s)
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1,201.
Pacific Pants Company Inc. v. Canada (Public Safety and Emergency Preparedness) - 2008 FC 1050 - 2008-09-18
Federal Court Decisions[20] Adjudicator Joanne Lepage was appointed to deal with the file sometime in late 2004 replacing Adjudicator Regan. [...] 9 As to fairness, I do not purport to list exhaustively the circumstances in which allowing or not allowing new evidence might be unfair. [...] However, I am of the view, the Respondent should have reacted more quickly when it became apparent fairness in the process had suffered.
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1,202.
Oladele v. Canada (Citizenship and Immigration) - 2017 FC 851 - 2017-09-20
Federal Court Decisions[1999] 2 SCR 817 [Baker], the Supreme Court of Canada (“SCC”) held that procedural fairness in H&C applications requires a full and fair consideration of the issues, and a meaningful opportunity to present the various types of evidence relevant to their case and have it fully and fairly considered (Baker, at para 32). [...] [40] Therefore, the actions of the Officer did not cause a breach of procedural fairness by the Delegate. [...] Nor were Grace’s interests “‘...well identified and defined’ and examined ‘with a great deal of attention’ in light of all the evidence” (Kanthasamy at para 39).
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1,203.
A.B. v. Canada (Minister of Citizenship and Immigration) - 1997-11-10
Federal Court DecisionsFollowing an initial inquiry in July 1996 which did not deal with the Minister's serious allegations, the applicant was ordered released from detention on July 30, 1996. [...] For the reasons set out in dealing with the respondent's motion to strike the statement of claim, I also dismiss the applications in both Court files IMM-2156-96 and IMM-2157-97. [...] In each of Court files IMM-2156-97 and IMM-2157-97 an order will issue, dismissing each application by A.B., and dealing with any questions proposed for consideration by the Court of Appeal pursuant to s-s.83(1).
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1,204.
Chao v. The Queen - 2018 TCC 72 - 2018-05-02
Tax Court of Canada JudgmentsFort Erie is a fair distance from Toronto but much closer to Niagara Falls than Toronto. [...] Although both were in Toronto, there was a fair distance between the Woodbine and Greenwood race tracks. [...] . . . 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.
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1,205.
Canada (Human Rights Commission) v. Saddle Lake Cree Nation - 2018 FCA 228 - 2018-12-13
Federal Court of Appeal DecisionsIt was a clear violation of procedural fairness not to have made her a party. [...] They started a judicial review to stop the Ontario Human Rights Commission from dealing with a human rights complaint because the Commission was not dealing with a “self-contained dwelling unit” under its Act. They were successful—at that time. [...] Quite fairly, counsel for the Commission conceded this result during oral argument.
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1,206.
Arthur v. Canada (Attorney General) - 1999-12-23
Federal Court of Appeal Decisions[1] The plaintiff is a radio program host, with specific experience in hosting open-line programs dealing with current affairs which are often controversial. [...] [3] I will deal with these two questions in the order mentioned above. [...] Any document, part thereof or allegation of fact or law dealing with any other matter shall be deleted from the record already filed by the plaintiff.
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1,207.
Muir v. The Queen - 2020 TCC 8 - 2020-01-22
Tax Court of Canada JudgmentsA 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. [...] 2) The transferor and transferee are not dealing at arms length; 3) There must be no consideration or inadequate consideration flowing from the transferee to the transferor; and [...] Under subsection 160(1), a transferee of property will be liable to the CRA to the extent that the fair market value of the consideration given for the property falls short of the fair market value of that property.
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1,208.
HB Lynch Investments Inc. v. Canada (Minister of Public Works adn Government Services) - 2004 FC 747 - 2004-05-21
Federal Court Decisions[3] To this stage, PWGSC had been dealing with Mr. Hugh B. Lynch who is, as indicated in an extract from the Nova Scotia Registry of Joint Stock Companies filed in these proceedings, the President, Secretary, Treasurer and sole Director of the applicant corporation. [...] H B Lynch complained that PWGSC had not properly exercised its discretion in disqualifying both of its offers for being non-compliant and that it was not accorded fair treatment in the tender process. [...] The Leasing Officer therefore did not err in law or deal with the applicant unfairly in applying this provision strictly and determining that the applicant's offers were non-compliant.
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1,209.
Lavoie v. Canada (Correctional Service) - 2001 FCT 686 - 2001-06-21
Federal Court DecisionsThe plaintiff also explained what he meant by an impartial, fair and equitable system and set out the various things he wishes to see in such a system. [...] Those sections deal with the grievance settlement procedure.) [8] However, as we saw earlier, the plaintiff did not claim in his application that ss. 74 to 82 were enacted ultra vires. [...] However, the sections of the Regulations in question deal with a grievance settlement procedure and it does not appear to the Court that it can be said that these sections have "ongoing application" to the plaintiff.
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1,210.
Copello v. Canada (Minister of Foreign Affairs) - 1999-10-29
Federal Court DecisionsIt is also important that any supplementary affidavit neither deal with material which could have been made available at an earlier date nor unduly delay the proceedings. [...] Indeed, the stated grounds of the application are the Minister"s failure to observe the principles of natural justice and procedural fairness. [...] to "assist the Court in dealing with the Minister"s failure to observe and respect the relevant rules of international law, internal human rights, the most basis principles of natural justice, the Canadian Charter of Rights and Freedom , the rules of procedural fairness and certain articles of the Vienna Convention".
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1,211.
1395804 Ontario Ltd. (Blacklock’s Reporter) v. Canada (Attorney General) - 2016 FC 719 - 2016-06-27
Federal Court DecisionsThese common defences are: whether Blacklock owns the copyright in the articles alleged to have been infringed; the novel defence of abuse of copyright; the defence of fair dealing when articles are copied/used for internal government reporting purposes; the proper assessment of damages (whether they be loss of profit [...] This overlap includes the ownership of copyright by Blacklock, the defences of copyright misuse and fair dealing, as well as the proper assessment of damages and the availability of punitive damages. [...] Similarly, while the questions relating to damages, the value of Blacklock’s license for its product and the defence of fair dealing are questions where the factual assessment of the evidence will play a role, they raise comparable underlying legal questions that can be determined and that could be narrowed in the Finance
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1,212.
Keenan v. The Queen - 2019 TCC 259 - 2019-11-21
Tax Court of Canada JudgmentsCRA misconduct described as a breach of the “principles of fundamental justice and fairness, good faith, respect for self-assessment system of taxation and Canada’s free and democratic society” [...] This is not to be confused with the role of a “particular court dealing with the prosecution of” an offence. [...] (a) may prejudice or delay the fair hearing of the appeal; (b) is scandalous, frivolous or vexatious;
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1,213.
Insch v. Canada (Attorney General) - 2019 FCA 211 - 2019-07-25
Federal Court of Appeal DecisionsDid the adjudicator breach the applicants’ rights to procedural fairness or act in a manner that gives rise to a reasonable apprehension of bias? [...] [21] Rather, article 34 of the agreement deals with the grievance procedure. [...] Part 2 of the Act, dealing with “Grievances”, contains no definition of “parties”.
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1,214.
Nacsa v. Canada (Minister of Citizenship and Immigration) - 2004 FC 91 - 2004-01-22
Federal Court Decisions[9] The applicants argue that the officer did not assess their application in accordance with the principles of procedural fairness. [...] The applicants say that the officer should have referred to case law from this court dealing with the issue of state protection in Hungary. [...] Procedural fairness also requires that decisions be made free from a reasonable apprehension of bias by an impartial decision-maker.
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1,215.
Tehrankari v. Canada (Correctional Service) - 2000-04-13
Federal Court DecisionsI find that the responses that were provided to you at the previous levels were fair and thorough. [...] Section 24 deals with primary facts; this point will be expanded on later. [...] I note, however, the provision she was examining was not section 24 but section 26 dealing with disclosure to victims.
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1,216.
Ka’a’gee Tu First Nation v. Canada (Indian Affairs and Northern Development) - 2007 FC 764 - 2007-07-20
Federal Court DecisionsThe Board stressed that it had used a fair process and requested that the Minister collaborate with it in making the appointment. [...] The Applicants maintain that acting without, beyond or refusing to exercise jurisdiction under paragraph 18.1(4)(a), is a separate ground of review than that provided for in paragraph 18.1(4)(b) which deals with failure to observe the principles of natural justice or procedural fairness. [...] Since my above finding is determinative, I find it unnecessary to deal with the other issues raised by the Applicants in this application.
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1,217.
National Gallery of Canada v. Canadian Artists’ Representation - 2013 FCA 64 - 2013-03-04
Federal Court of Appeal DecisionsThey also show that CARFAC/RAAV do not purport to deal with their members’ interests in copyright in any way. [...] Et le Tribunal semble faire la distinction importante disant que bien que ceci donne un droit à CARFAC de faire des demandes dans cette sphère élargie, ceci ne force en rien le producteur a accepter telle demande dans une entente à intervenir. [...] Firstly, a union which is not authorized to do so in writing cannot deal with copyright-related issues.
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1,218.
Alkhoury v. Canada (Citizenship and Immigration) - 2020 FC 153 - 2020-01-28
Federal Court Decisions[7] The RPD decision deals with several issues associated with this history, and the fact that the PA could have claimed refugee status elsewhere. [...] [12] Issues of procedural fairness are inherently fact-based. The question is whether, in light of all of the circumstances, the person was treated fairly. [...] [16] In light of this, I am satisfied that the overall procedure was fair.
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1,219.
Mueller v. Canada (Attorney General) - 2000-09-18
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 [...] Rather, the Court must determine whether the decision was made fairly, not arbitrarily or in bad faith. [...] [38] The Court is dealing with an administrative provision and a discretionary decision made by the Minister's delegate.
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1,220.
Froom v. Canada (Minister of Justice) - 2003 FC 1299 - 2003-11-07
Federal Court Decisions[122] It is evident that, generally, allegations of delay and abuse of process are to be made to the Minister pursuant to subsection 44(1) of the Act. Where an allegation of abuse of process goes to the fairness of the hearing itself, the extradition judge has jurisdiction to deal with it. [...] b) dans le cas d'une extradition en vue d'infliger une peine à l'intéressé ou de la lui faire purger, les éléments suivants_: [...] (1) La demande d'extradition doit se faire par la voie diplomatique.
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1,221.
Sawridge Band v. Canada - 2005 FC 1476 - 2005-11-07
Federal Court DecisionsMy concern at this stage remains fairness to all parties to the extent of their respective interests. [...] d) "My concern at this stage remains fairness to all parties to the extent of their respective interests"; [...] (d) "[T]his is a case that deals with shared sovereignty." (e) "It's dealing with the issue of self-governance.
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1,222.
Alderson v. Canada (Minister of Indian Affairs and Northern Development) - 2004 FC 982 - 2004-07-13
Federal Court DecisionsSince there is no significant difference between the parties on the facts, the applicant's monetary claims are well within limits provided for such an action, and the parties consent, I now deal with this matter as if it were originally initiated as a simplified action pursuant to Rules 299 et seq. of the Federal Court [...] 1) Was the decision on the fair market rent improperly made, by PWGSC rather than the Minister? [...] I deal with each of these submissions in turn. [22] It is urged that the rent established in 2002 was unfair in light of previous increases over the term of the list which were significantly greater than increases in the fair market value of the land.
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1,223.
Singh v. Canada (Minister of Citizenship and Immigration) - 2004 FC 187 - 2004-02-04
Federal Court Decisions[22] The question of the officer's reliance on the risk assessment will be addressed when I deal with issue 4. [...] Consideration of the identity issue should have been reserved to the second phase of the process dealing with the admissibility of the applicant. [...] Rather, the circumstances require a full and fair consideration of the issues, and the claimant and others whose important interests are affected by the decision in a fundamental way must have a meaningful opportunity to present the various types of evidence relevant to their case and have it fully and fairly considered.
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1,224.
Khawaja v. Canada (Attorney General) - 2007 FCA 388 - 2007-12-06
Federal Court of Appeal DecisionsIt should be noted that the Appellant in this case is not challenging the provisions of subsection 38.11(1), which deal with in camera proceedings, simply subsection 38.11(2) and the ex parte process. [...] The judge is dealing only with those documents and is not called upon to determine whether other documents exist or should be produced. [...] [73] The applications judge noted that Mr. Khawaja's right to fundamental justice under section 7 overlapped with his right under subsection 11(d) to a fair and public trial so that it was appropriate to deal with the two together, as a finding of infringement in one case would necessarily be accompanied by a finding of
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1,225.
Stoney Band v. Canada (Minister of Indian and Northern Affairs) - 2006 FC 553 - 2006-05-03
Federal Court Decisions26. The term "entendre" iscommonlytaken tomean"avoir l'intention de [faire quelquechose]" or "avoir le dessein de [faire quelquechose]" as well as "vouloir", "désirer", "préférer." [...] I think it is fair to say that the Federal Court has proven to be an over-all success. [...] If evidence exists to prove an abuse of process, the Court can deal with it by denying the motion for a stay.