11,309 result(s)
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1,351.
Gupta v. Canada (Attorney General) - 2015 FC 535 - 2015-04-24
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 [...] [...] [96] I can find no basis on which to set aside the Commissioner’s rejection of the out of time complaints on procedural fairness grounds. [...] 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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1,352.
Singer v. Canada (Attorney General) - 2010 FC 607 - 2010-06-04
Federal Court DecisionsProcedural Fairness / Excess of jurisdiction [64] The applicant’s argument on this issue was not very clear. [...] [68] This is why, although not formulated exactly that way, this issue can only be considered as an alleged breach of procedural fairness. [...] At the moment there are three eligibility criteria which are fairly complex.
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1,353.
Kanyamibwa v. Canada (Public Safety and Emergency Preparedness) - 2010 FC 66 - 2010-01-20
Federal Court DecisionsMekonen v. Canada (Citizenship and Immigration), 2007 FC 1133, [2007] F.C.J. No. 1469, a case dealing with an admissibility assessment just like the present case, the Applicant submitted that the objective nature of the decision and the lack of any appeal procedure call for a relatively high degree of procedural fairness. [...] Indeed, the Briefing Note deals quite summarily with the allegations of torture, and deals at much more length with the position of the Applicant in the Embassy. [...] [75] The common law developed two doctrines to deal with problems of unfair re-litigation, consistency of result, and finality.
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1,354.
Ithibu v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 288 - 2001-04-03
Federal Court Decisions2. Was the Board biased and was the applicant's right to a fair hearing infringed? [...] 68(2) The Refugee Division shall deal with all proceedings before it as informally and expeditiously as the circumstances and the considerations of fairness permit. [...] 68 (2) The Refugee Division shall deal with all proceedings before it as informally and expeditiously as the circumstances and the considerations of fairness permit.
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1,355.
Singh v. Canada (Public Safety and Emergency Preparedness) - 2018 FC 455 - 2018-04-26
Federal Court DecisionsIt held that it was bound by the Act to deal with the Applicant’s appeal as informally and quickly as the circumstances and the considerations of fairness and natural justice permit. [...] This, he says, amounts to a breach of the duty of procedural fairness that was owed to him by the IAD. [...] Section 162 also makes it incumbent on the IAD, as it does for all the three other divisions, to “deal with all proceedings before it as informally and quickly as the circumstances and the considerations of fairness and natural justice permit.”
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1,356.
703008 B.C. Ltd. v. The Queen - 2015 TCC 208 - 2015-08-20
Tax Court of Canada Judgments[9] The witnesses described the program using the example of a Terravita Condo Unit with a $400,000 fair market value, where the Appellant’s customer wished to use the Financing Program for $100,000 of the $400,000 fair market value.[4] In such a situation, the program worked as follows: [...] However, between 2007 and 2009 the fair market value of the Terravita Condo Units fell by anywhere from $80,000 to $120,000. [...] While evidence of intention may be used by the courts on occasion to clarify dealings, it is rarely determinative.
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1,357.
Noran West Developments Ltd. v. The Queen - 2012 TCC 434 - 2012-12-12
Tax Court of Canada Judgments[44] It is not necessary for me to deal with these arguments. They both deal with aspects of the reassessment which preceded the reassessment made pursuant to the waiver agreement and, for the same reason as I have given above, any errors in previous reassessments do not affect the Minister’s authority to issue the [...] This reinforces my conclusion that the parties did not intend to deal with the timing of the income inclusion or the beneficial ownership of the units in the waiver agreement. [...] There is nothing to indicate the issue is limited to the determination of fair market value of the units.
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1,358.
Blank v. Canada (Justice) - 2017 FCA 234 - 2017-11-27
Federal Court of Appeal DecisionsThere will be good legal cause to recuse myself if I am actually biased against Mr. Blank or his case or otherwise incapable to rule on the present appeal fairly and impartially. [...] [5] As for apparent bias, I am firmly convinced that a reasonable, fully-informed person, would not conclude that it is more likely than not that I would not decide the present appeal fairly. [...] The fact that I may have known some of the people whose names appear in the documents referenced by Mr. Blank in his motion record cannot imply that I was in one way or another involved with the files they were dealing with or that I knew anything about these files.
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1,359.
British Columbia Ferry and Marine Workers’ Union v. Canada (Transport) - 2022 FC 209 - 2022-02-17
Federal Court DecisionsIn many cases, however, neither the duty of procedural fairness nor the statutory scheme will require that formal reasons be given at all: Baker, at para. 43. [...] (4) The minimum complement of a vessel, in order to deal with an emergency situation, shall consist of [...] (iii) faire fonctionner le système de pompage et d’alimentation en électricité de secours,
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1,360.
Yates v. The Queen - 2007 TCC 498 - 2007-08-27
Tax Court of Canada JudgmentsThe problem arises upon the dealings with three bank accounts. [3] Mr. Yates had an outstanding tax liability, at all relevant times, in excess of $485,000. [...] (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 [...] [14] I will first deal with the question of transfer. The word “transfer” was defined in David Fasken Estate v. M.N.R.[3] wherein Thorson P. stated:
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1,361.
Kerzner v. Canada (Minister of National Revenue) - 2005 FC 1574 - 2005-11-22
Federal Court DecisionsOfficer Greenhalgh also testified that she deals with about 1500 seizures in a year. [...] ... 129.2 (1) La personne qui a présenté une demande de prorogation en vertu de l'article 129.1 peut demander à la Cour fédérale d'y faire droit_: [...] (ii) il serait juste et équitable de faire droit à la demande, (iii) la demande a été présentée dès que possible.
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1,362.
L'Hirondelle v. Canada - 2003 FCT 347 - 2003-03-27
Federal Court Decisionsand deal with applications made pursuant to section 3 of these Rules according to such procedure and as such time or times as it shall determine in its discretion and, without detracting from the generality of the foregoing, the Band Council may conduct such interviews, require such evidence and may deal with any [...] This legislation achieves balance and rests comfortably and fairly on the principle that those persons who lost status and membership should have their status and membership restored. [...] I sponsored the Band control of membership amendments with a strongly held trust that Bands would fulfill their obligations and act fairly and reasonably.
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1,363.
Aylward Estate v. The Queen - 2001-06-13
Tax Court of Canada Judgments(ii) to a person with whom the taxpayer was dealing at arm's length of any property that is [...] [24] Subsection 39(12) is aimed specifically at a business investment loss and it deals with an amount paid under a guarantee in respect of a corporate debt. [...] (b) the amount was paid to a person with whom the taxpayer was dealing at arm's length, and
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1,364.
Bernath v. Canada - 2007 FC 104 - 2007-01-31
Federal Court Decisions(2) The Grievance Board shall deal with all matters before it as informally and expeditiously as the circumstances and the considerations of fairness permit. [...] a. dealing with a matter formally only after informal approaches have been explored; [...] If the CF deals with the issue or implements the policy, it is a grievable matter.
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1,365.
Kniss v. Telecommunication Workers Union - 2013 FCA 293 - 2013-12-19
Federal Court of Appeal DecisionsOf particular relevance is Mr. Kniss’ complaint to the CIRB that the Union breached its duty of fair representation in its handling of his grievances. [...] There appears to be no public interest in the Commission now dealing with the complaints. [...] The failure to deal specifically with the accommodation grievance does not alter this conclusion.
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1,366.
Hong v. Canada (Citizenship and Immigration) - 2017 FC 913 - 2017-10-13
Federal Court DecisionsThe Applicant argues that the PRRA application of her daughter is entirely derivative of her claim, and that the Officer committed no error in dealing with them together. [...] [32] I find that the Officer’s error was just that – an innocent mistake, lumping this case in with the many others they were no doubt dealing with at the time, and treating it as a joint application. [...] B. Was the daughter denied procedural fairness? [36] In light of my findings on the first issue, it is not necessary for me to deal with this issue.
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1,367.
Apotex Inc. v. Canada (Health) - 2011 FC 1308 - 2011-11-14
Federal Court DecisionsGiven that this evidence refers to substantive issues that I have not needed to address in these reasons, it is not strictly necessary to deal with Apotex’s motion. [...] [18] Neither Krause nor Manuge are applicable to an application like this which involves a fairness challenge to three discrete administrative decisions. [...] [23] For the purposes of this motion, it is only necessary to deal with issues (a) and (d).
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1,368.
Chief Pensions Advocate v. Canada (Attorney General) - 2006 FC 1317 - 2006-10-31
Federal Court Decisions[5] In its decision, the Board said that it was dealing with the interpretation of section 31, in addition to the interpretation of sections 32 and 111. [...] 26. The Board has full and exclusive jurisdiction to hear, determine and deal with all appeals that may be made to the Board under section 25 or under the War Veterans Allowance Act or any other Act of Parliament, and all matters related to those appeals. [...] I start from the fundamental principle of construction that provisions of a statute dealing with the same subject should be read together, where possible, so as to avoid conflict: Driedger, Construction of Statutes (2nd ed. 1983), p. 66.
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1,369.
Fragoso Velazquez v. Canada (Citizenship and Immigration) - 2022 FC 58 - 2022-01-18
Federal Court DecisionsFirst, it considered that there had been no breaches of procedural fairness. [...] The applicant argued that the RPD had breached procedural fairness by doing so. [...] [11] Relying on Baker v Canada (Minister of Citizenship and Immigration), [1999] 2 SCR 817, the RAD acknowledged that the RPD had intervened a great deal during the hearing.
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1,370.
Beddows v. Canada (Attorney General) - 2019 FC 671 - 2019-05-14
Federal Court DecisionsThe CDS has failed in his duty to act “expeditiously” and “fairly”; and [...] [21] An issue of procedural fairness “requires no assessment of the appropriate standard of judicial review. [...] In the Applicant’s view, “expeditiously” inherently imposes an urgent time limit on the CDS for the resolution of grievances, and failure by the CDS to act expeditiously in dealing with grievances is inherently unfair.
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1,371.
Gedara v. Canada (Citizenship and Immigration) - 2016 FC 209 - 2016-02-17
Federal Court Decisions[24] Issues of natural justice or procedural fairness are subject to review on a correctness standard. [...] [25] The Applicant submits the Interviewing Officer breached the duty of fairness required in the circumstances. [...] [36] The Respondent submits that procedural fairness in this case does not require an officer to advise an applicant in writing.
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1,372.
Razburgaj v. Canada (Citizenship and Immigration) - 2015 FC 1343 - 2015-12-04
Federal Court DecisionsThis judgment deals with the PRRA. The decision regarding the review of the H&C decision is dealt with in a sister decision by this Court. [...] 1) Did the Officer breach his duty of procedural fairness by denying the applicants’ an oral hearing? [...] Dealing first with the fairness argument, I agree with the respondent that the UK Home Office report was not novel and significant, and did not disclose any material change in the general country conditions unknown to the applicants.
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1,373.
Communications, Energy & Paperworkers' Union of Canada v. Global Television - 2010 FC 988 - 2010-10-05
Federal Court Decisions(i) se rencontrer et entamer des négociations collectives de bonne foi ou charger leurs représentants autorisés de le faire en leur nom; [...] (ii) faire tout effort raisonnable pour conclure une convention collective; [...] [75] The Union says that the letter shows that the conciliator was appointed to deal with a dispute that no longer exists.
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1,374.
Lac Seul First Nation v. Canada - 2009 FC 481 - 2009-05-08
Federal Court Decisions[57] The defendant submitted that the Crown took reasonable steps from 1907 to 1926 to ensure that the Band received fair value for its timber. [...] The defendant had complete control as to how the dealings were carried out with the timber contractors. [...] [124] I will deal with the issue of punitive or aggravated damages in my reasons relating to damages.
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1,375.
Canada (Minister of Transport, Infrastructure and Communities) v. Jagjit Singh Farwaha - 2014 FCA 56 - 2014-03-03
Federal Court of Appeal DecisionsI shall deal with these below in the context of the procedural fairness issues in this case. [...] It is useful to deal with it first. [66] I reject Mr. Farwaha’s submission. [...] As this was not done, Mr. Farwaha was not afforded procedural fairness.