11,309 result(s)
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1,276.
Vazquez v. Canada (Citizenship and Immigration) - 2012 FC 385 - 2012-04-02
Federal Court DecisionsFirst, he alleges that by refusing to adjourn the hearing, the Board breached his right to a fair hearing. [...] The applicant also challenges the Board’s negative credibility findings and, in addition, alleges that the Board failed to deal with his alleged fear of persecution based on his aboriginal identity. [...] [4] It is not necessary for me to deal with all the arguments raised by the applicant as I find that the issue of procedural fairness is determinative in this case.
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1,277.
342583 B.C. Ltd. v. The Queen - 1999-05-21
Tax Court of Canada JudgmentsThat Agreement sets forth that F was, under the Act, not dealing at arm's length with the Appellant. [...] [7] His written report stated that the 195,000 Shares, as at June 4, 1992, had a fair market value of $174,000. [...] (i) the amount ... by which the fair market value of the property at that time exceeds the fair market value of the consideration given for the property, and
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1,278.
Laboucan v. Little Red River # 447 First Nation - 2010 FC 722 - 2010-07-02
Federal Court DecisionsIn its memorandum, the respondent deals with the issue of jurisdiction in a single paragraph which refers to the decision Kamloops Indian Band v. Gottfriedson, [1982] 1 C.N.L.R. 60, 21 B.C.L.R. 326 (B.C.S.C.). [...] This is especially so when one is dealing with a “special meeting” with only one item on the agenda – the removal of Mr. Laboucan. [...] [48] Procedural fairness is a term defined as follows in the Policy[11]:
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1,279.
Schellenberg v. Canada (Attorney General) - 2003 FC 1169 - 2003-10-08
Federal Court DecisionsOn August 14, 2001, Mr. Fader, counsel for the CSC, requested an oral hearing be held to deal with the appeal. [...] [35] For the above reasons, I find that the Appeals Officer failed to fulfil his duty of procedural fairness and, consequently, the applicants were denied a fair hearing. [...] Given this determination, it will not be necessary, nor desirable, to consider the second issue dealing with the merits of the decision.
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1,280.
Zone3-XXXVI Inc. v. Canada (Attorney General) - 2016 FC 75 - 2016-01-22
Federal Court DecisionsFurthermore, how SODEC deals with this production is irrelevant to the determination of the status of the production under the regime of the Canadian Film or Video Production Tax Credit (CPTC) program. [...] It is a complex undertaking that demands a great deal of time and effort as the producer must apply to several agencies and obtain pre-financing or bridge financing from a financial institution. [...] [t]he values underlying the duty of procedural fairness relate to the principle that the individual or individuals affected should have the opportunity to present their case fully and fairly, and have decisions affecting their rights, interests, or privileges made using a fair, impartial, and open process, appropriate to
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1,281.
Choptiany v. The King - 2022 TCC 112 - 2022-10-05
Tax Court of Canada Judgments(3) The case management judge may deal with all issues that arise prior to the hearing of the appeal, including by [...] This sound rule of practice and procedure aims at ensuring both the fairness and the expeditiousness of the proceedings. [...] This Court and the FCA have demonstrated they can deal with cases similar to these, including some involving the same scheme.
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1,282.
Gervais v. Canada - 2018 FCA 3 - 2018-01-09
Federal Court of Appeal Decisionswho do not deal at arm’s length—including spouses or common-law partners—at a price that is less than the fair market value of the property transferred, the transferor and the transferee are respectively deemed to have disposed of and acquired the property at that fair market value with the resulting tax consequences. [...] (a) where a taxpayer has acquired anything from a person with whom the taxpayer was not dealing at arm’s length at an amount in excess of the fair market value thereof at the time the taxpayer so acquired it, the taxpayer shall be deemed to have acquired it at that fair market value; [...] (i) to a person with whom the taxpayer was not dealing at arm’s length for no proceeds or for proceeds less than the fair market value thereof at the time the taxpayer so disposed of it,
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1,283.
El-Helou v. Canada (Courts Administration Service) - 2016 FCA 273 - 2016-11-10
Federal Court of Appeal DecisionsI am prepared in this case to review the procedural fairness issues on the standard most generous to the appellant, that of correctness. [...] Only the Tribunal retains the authority to deal with it, after hearing all the parties concerned. [...] ... [...] Refusal to deal with complaint Irrecevabilité 19.3 (1) The Commissioner may refuse to deal with a complaint if he or she is of the opinion that
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1,284.
Paulo v. Canada (Citizenship and Immigration) - 2020 FC 990 - 2020-10-21
Federal Court Decisions[21] Questions of procedural fairness and the duty to act fairly do not concern the merits or the content of a decision. [...] [35] I am referring to a translation error, in the singular, as that is what we are dealing with in this case. [...] I will address the “microscopic” approach argument, which is a popular refrain in Mr. Paulo’s submissions and on which he relies a great deal in seeking to have the RAD’s Decision set aside.
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1,285.
Ouellette v. Canada (Attorney General) - 2013 FCA 54 - 2013-03-05
Federal Court of Appeal Decisions[23] Part II of the Act deals with conditional release, detention and long-term supervision. [...] [36] Steele deals with the case of an individual who was declared a dangerous offender and had passed almost 37 years of his life in prison. [...] The case concerned the manner in which the provisions of the Criminal Code dealing with dangerous offenders had been applied to the offender in question.
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1,286.
Bernick v. The Queen - 2003 TCC 433 - 2003-06-26
Tax Court of Canada JudgmentsAccording to Mr. Butler, accounting for securities in 1992 would be at cost, fair market value or the managing partner's valuation, provided it is fair and not misleading to intended users. [...] Mr. Bernick sought advice as to how to deal with requests and acted accordingly. [...] Presenting on that basis does not fairly present the Appellant's true income position.
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1,287.
Canada (Registrar of Indian Register) v. Sinclair - 2001 FCT 1418 - 2001-12-20
Federal Court Decisions[22] Sections 6 and 7 deal with persons who are entitled or not entitled to be registered. [...] [24] Section 18.3 of the Federal Court Act dealing with References reads: [...] [40] In any event, he argued, the facts of this case, in terms of procedural fairness, puts it well beyond the low threshold established by Justice Thurlow in Bay, supra, recognizing the Registrar had to be fair in the circumstances and had treated Mr. Sinclair fairly on the evidence before me.
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1,288.
St. Arnaud v. Canada - 2013 FCA 88 - 2013-03-22
Federal Court of Appeal DecisionsHowever, unlike him, I have concluded that it is appropriate to deal with the Appellants’ alternative argument relating to the interpretation of subsections 146(9) and 146.3(4) of the Act. For the following reasons, I have concluded that the interpretation proposed by the Appellants is correct. [...] [63] The Crown’s argument as to the purpose of subsections 146(9) and 146.3(4) is based on the assumption that it is necessarily improvident to dispose of property for less than its fair market value, or to acquire property for more than its fair market value. [...] of the RRIF or RRSP, or a person who does not deal at arm’s length with the controlling individual, as part of a transaction or event or a series of transactions or events one of the main purposes of which is to enable the controlling individual, or a person who does not deal at arm’s length with the controlling
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1,289.
Canada (Attorney General) v. Nash - 2005 FCA 386 - 2005-11-21
Federal Court of Appeal DecisionsIn fair market value cases, the judge must apply the legally accepted definition of fair market value to the facts found from the evidence adduced before him. [...] CVI and the taxpayers were dealing with each other at arm's length. There was no compulsion. [...] The fair market value of the group donated by Ms. Quinn was $8,648. As the group donated by Ms. Tolley included only 99 prints, the fair
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1,290.
Tesfaye v. Canada (Citizenship and Immigration) - 2007 FC 1143 - 2007-11-05
Federal Court DecisionsWhen issues of procedural fairness are raised, the Court must determine whether the requirements of procedural fairness are met based on a standard of correctness. [...] [11] In dealing with the application, the Appeal Division stated, in its decision that: [...] [14] However, the question is whether, on the facts of this case, the Appeal Division’s decision to proceed in writing was fair to the Applicant.
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1,291.
1185740 Ontario Ltd. v. Mnr - 2001 FCA 193 - 2001-06-12
Federal Court of Appeal DecisionsThese principles all help a court determine whether the procedures that were followed respected the duty of fairness. [...] The values underlying the duty of procedural fairness relate to the principle that the individual or individuals affected should have the opportunity to present their case fully and fairly, and have decisions affecting their rights, interests, or privileges made using a fair, impartial, and open process, appropriate to the [...] [34] The motions judge misquoted Professor James in stating that he agreed that KPMG had had more dealing with Revenue Canada than he (paragraph 24 of her reasons).
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1,292.
Lally v. Telus Communications Inc. - 2014 FCA 214 - 2014-10-01
Federal Court of Appeal DecisionsShe raised three issues pertaining to procedural fairness and also argued that the decision was erroneous on the merits. [...] I also agree that there were no violations of procedural fairness. A. Procedural fairness [...] [27] Finally, I note in passing that tribunals, such as the Canadian Human Rights Tribunal, frequently deal with complainants who are self-represented.
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1,293.
Domantay v. Canada (Citizenship and Immigration) - 2008 FC 755 - 2008-06-18
Federal Court Decisions... il est interdit à quiconque n’est pas un représentant autorisé de représenter une personne dans toute affaire devant le ministre, l’agent ou la Commission, ou de faire office de conseil, contre rémunération. [...] The IRB will not deal with a non-member as counsel, but will continue processing the case and treat the person who is the subject of the proceeding as represented. [...] [19] Based on the foregoing, the Court shares the view that there is a duty incumbent upon the Board to verify that those individuals representing clients with whom it has dealings are authorized representatives pursuant to the Regulations, or that they are not receiving a fee for their services.
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1,294.
Tewelde v. Canada (Citizenship and Immigration) - 2007 FC 1103 - 2007-10-24
Federal Court Decisions[5] It is in respect of this last finding that the applicant argues the RPD erred, either by ignoring important documentary evidence that clearly contradicts its conclusions, or by failing to give adequate reasons, thereby breaching its duty of fairness. [...] [7] In respect of the alleged failure to give adequate reasons, the Court will normally intervene if there was a breach of procedural fairness. [...] The panel has no serious reasons to believe that the state of Israel deliberately targets civilians in its campaign to identify and deal with terrorists.
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1,295.
Chudal v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1073 - 2005-08-08
Federal Court Decisions[4] On October 8, 2004 the Applicant's counsel submitted yet further documents dealing with conditions in Nepal. [...] "¼fairness requires disclosure of evidence that is novel and significant and where it is evidence that may effect the decision." [...] Both cases deal with decisions of the Refugee Board, not a PRRA Officer, and both indicate that such a decision is "final" once it is signed and transmitted to the Registrar.
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1,296.
Kirkwood v. The Queen - 2003 TCC 76 - 2003-03-14
Tax Court of Canada Judgments(c) a person with whom he 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 [...] (c) If there was a transfer of property, was the transferee dealing at arm's length with the transferor?
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1,297.
Zhao v. Canada (Minister of Citizenship and Immigration) - 1999-06-08
Federal Court Decisions[. . .] The principles of natural justice and procedural fairness apply to the visa officer's meeting with the applicant. [...] The visa officer must maintain a level of decorum conducive to an open and fair exchange, even in circumstances which must be sometimes difficult and trying. [...] [8] Consequently, it will not be necessary to deal with the other arguments raised by the applicant.
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1,298.
Air Transat A.T. Inc. v. Canada (Transport) - 2017 FC 910 - 2017-10-13
Federal Court DecisionsGiven that one of the grounds in my judgment deals with the issue of the delays in managing this case, I wanted to fully note the steps taken by the various participants. [...] (2) a lack of procedural fairness? (3) a lack of jurisdiction on the part of the Commissioner? [...] (46) Air Transat and TC agree that the Report deals with technical and commercial information, and that it was always treated by Air Transat as being confidential in nature.
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1,299.
Canadian Broadcasting Corp. v. Syndicat des Communications de Radio-Canada - 2005 FC 466 - 2005-04-12
Federal Court Decisions41. (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 [...] [48] As the question here is one of natural justice and procedural fairness, no standard of review is applicable. [...] [49] As it was decided in connection with the preceding question that the Commission made an error requiring the Court's intervention and that accordingly the case will be referred, there is no need to deal with this question at length.
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1,300.
Obasuyi v. Canada (Citizenship and Immigration) - 2022 FC 508 - 2022-04-11
Federal Court DecisionsWere the applicants denied a fair hearing because of the incompetence of the counsel who represented them before the RPD and the RAD? [...] Questions of procedural fairness require an approach resembling the correctness standard of review that asks “whether the procedure was fair having regard to all of the circumstances” (Canadian Pacific Railway Company v Canada (AG), 2018 FCA 69 at para 54 [Canadian Pacific]). [...] The Applicants also submit that the RAD failed to undertake a state protection analysis, thereby ignoring the evidence that the police refused to deal with their complaint.