11,309 result(s)
-
1,376.
Underwood v. Canada (Attorney General) - 2007 FC 71 - 2007-01-25
Federal Court Decisionsb. The Applicant was advised that the Court did not have jurisdiction to deal with the claim for damages he filed on July 24, 2006. [...] Tp called beg of June and I advised that I did not deal with the GST and that there was GST objection filed. [...] The Fairness Officer relied on the date in the letter but the error on the Minister’s part would have been avoided if the Fairness Officer had read the First Fairness Report.
-
1,377.
Hiebert v. Canada (Attorney general) - 2002 FCT 1086 - 2002-10-17
Federal Court DecisionsIn this context the rules of natural justice are expressed to be the rules of procedural fairness, or the duty to act fairly. [...] There was no evidence of any personal dealing between Mr. Niles and Mr. Hiebert with respect to the events in question. [...] A party to a proceeding has a right to expect that an impartial adjudicator will deal with his or her case.
-
1,378.
Kufsky v. The Queen - 2019 TCC 254 - 2019-11-07
Tax Court of Canada Judgments3) the transferee must be someone with whom the transferor was not dealing at arm’s length; and [...] 4) The fair market value of the property transferred must exceed the fair market value of the consideration given by the transferee. [...] While evidence of intention may be used by the Courts on occasion to clarify dealings, it is rarely determinative.
-
1,379.
Escalona Perez v. Canada (Public Safety and Emergency Preparedness) - 2008 FC 1242 - 2008-11-06
Federal Court Decisions[5] The Applicants lived in a mountainous region in Venezuela and allege that they became suspicious that drug dealings involving police officers and government officials were occurring near their home. [...] One day in about 1988, they allege that police came to their home, roughed them up and took them away at which time they were interrogated for a number of days and arrested on charges related to dealing in drugs. [...] [17] It is clear, however that the evidence of the Venezuelan lawyer was compromised in several respects and, as to the issue as to whether the Applicants’ could expect fair process or be subjected to cruel and unusual treatment or punishment, the Board concluded that the legal system worked in Venezuela.
-
1,380.
Jackson v. Piikani Nation Election Appeals Board - 2008 FC 130 - 2008-02-01
Federal Court Decisions[17] The issues in this judicial review involved procedural fairness and the interpretation of the Band’s Election Code. [...] Whether the process was fair is not relevant, its decision to uphold the CEO’s decision is without legal force and effect. [...] The Court should not “read in” wording where the Band can deal with its true intentions more directly.
-
1,381.
Cackirovski v. The Queen - 2002-12-11
Tax Court of Canada Judgmentsiii) at the end of the year is insolvent, neither the corporation nor a corporation controlled by it carries on business, the fair market value of the share are nil and it is reasonable to expect that the corporation will be dissolved or wound up and will not commence to carry on business; [...] (ii) to a person with whom the taxpayer was dealing at arm's length of any property that is [...] "small business corporation", at any particular time, means, subject to subsection 110.6(15), a particular corporation that is a Canadian-controlled private corporation all or substantially all of the fair market value of the assets of which at that time is attributable to assets that are
-
1,382.
Oram v. M.N.R. - 2000-12-18
Tax Court of Canada Judgments(s) the Appellant was factually not dealing with the Payor at arm's length." [...] [15] The proper test to be applied in determining whether an employment relationship is one at arm's length is whether the dealings of the parties are consistent with the object and spirit of the provisions of the law (the Unemployment Insurance Act) and demonstrate a fair participation in the ordinary operation of the [...] [26] The evidence supports a finding that the Payor and the Appellant were dealing at arm's length.
-
1,383.
Fernandez v. Canada (Attorney General) - 2011 FC 275 - 2011-03-09
Federal Court DecisionsThis was to deal with obstruction of justice charges before he was transferred to the penitentiary. [...] In my view, there was no breach of fairness in asking him about them. [...] [51] The applicant submits that he was not prepared to deal with such matters at the hearing.
-
1,384.
Say v. Canada (Solicitor General) - 2005 FC 739 - 2005-05-27
Federal Court DecisionsIn light of my conclusions to this point, I am satisfied that I need not deal with the issue. [...] That being said, if I were required to deal with the issue, I would dismiss it summarily. [...] En outre, les dispositions réglementaires incitent les intéressés à faire preuve de diligence pour présenter leurs demandes dans des délais précis et objectifs, afin de faire en sorte que l'ERAR demeure associé au renvoi dans le temps.
-
1,385.
Sakab Saudi Holding Company v. Canada (Attorney General) - 2024 FCA 92 - 2024-05-09
Federal Court of Appeal DecisionsThey asserted that the Court has a broad responsibility to ensure fairness in national security matters due to the closed nature of the proceedings and that this obligation includes ensuring that the section 38 process is fair. [...] The Designated Judge was satisfied that she could fairly determine the section 38 application (Sakab #2 at para. 107). [...] [66] I also find that the Designated Judge’s decision preserves litigation fairness in the underlying proceeding.
-
1,386.
Bourassa v. Canada (National Defence) - 2014 FC 936 - 2014-10-02
Federal Court Decisions• He was not given advance notice that the meeting would deal with the imposition of a remedial measure; [...] 1. Were there breaches of procedural fairness in the handling of Mr. Bourassa’s grievance? [...] [60] The grievance filed on March 14, 2012, deals with specific events, and it is not possible to later add other incidents that occurred after the grievance was filed.
-
1,387.
Zhamila v. Canada (Immigration, Refugees and Citizenship) - 2018 FC 88 - 2018-01-26
Federal Court DecisionsAccordingly, this Judgment and Reasons will deal with both applications and a copy will be placed on both Court files. [...] One of the key issues presented by the representative is that of fairness – that a scanned copy of the altered counterfeit had not been presented to the applicant, this constituted a breach of fairness. [...] I have reviewed the fairness letter sent to the applicant on October 24, 2016.
-
1,388.
Canada v. Duguay - 2000-11-03
Federal Court of Appeal DecisionsWhether judge erred in determining fair market value of items donated [...] "Fair market value" means that obtained in the ordinary market, namely a market not distorted by special economic factors, in which sellers ready but not too anxious to sell deal with purchasers ready and able to purchase: Attorney General of Alberta v. Royal Trust Co., [1945] S.C.R. 267, at 288. [...] They engaged in fresh dealings with the same Mr. Levert, in the same circumstances where he again acted as mandatary for both the donors and donee, and did nothing to check the appraisal of $15,000 which he gave them.
-
1,389.
Wagner v. The Queen - 2012 TCC 8 - 2012-01-18
Tax Court of Canada JudgmentsThe non-competition agreements are legal and enforceable and the value that was assigned to them was freely negotiated by parties dealing at arm’s length. [...] [43] At the time they entered into the Asset Purchase Agreement, the parties were unrelated and were dealing with each other at arm’s length. [...] [47] The estimates of the fair market value of the assets of Château Dollard, of the shares of Château Dollard Inc. and of the non‑competition clause referred to in the preceding paragraph were not contested by the appellants and the appellants provided no reasonable evidence that the fair market value of the shares of
-
1,390.
Canada v. Cragg & Cragg Design Group Ltd. - 1998-07-22
Federal Court DecisionsBut the Plaintiff has been neither quick nor diligent in dealing with the whole matter, going back at least as far as May of 1991. [...] I do not deal with all of the procedural points raised by the Plaintiff, only with those which might possibly have some merit. [...] Perhaps the only additional consideration, when pure delay is involved, ought to be whether it is fair to dismiss the action in question.
-
1,391.
Canada v. Cragg & Cragg Design Group Ltd. - 1998-06-08
Federal Court DecisionsBut the Plaintiff has been neither quick nor diligent in dealing with the whole matter, going back at least as far as May of 1991. [...] I do not deal with all of the procedural points raised by the Plaintiff, only with those which might possibly have some merit. [...] Perhaps the only additional consideration, when pure delay is involved, ought to be whether it is fair to dismiss the action in question.
-
1,392.
Mohawks of the Bay of Quinte v. Canada (Attorney General) - 2014 FC 527 - 2014-05-30
Federal Court Decisions[47] The wording of section 41 of the Act clearly suggests that the Commission is vested with discretion when deciding to deal with a complaint. [...] The Investigator considered the submissions from the parties along with a number of documents dealing with First Nations federal funding. [...] III. Procedural Fairness [15] The First Nations contend that the Commission breached the duty of fairness by failing to reopen its investigation in the face of their criticism of the Investigator’s analysis of the CWB Report.
-
1,393.
Quiroz Mendez v. Canada (Citizenship and Immigration) - 2011 FC 1150 - 2011-10-14
Federal Court Decisions[37] The Board then turned to the issue of domestic and gender-based violence in Mexico: “Mexico has had problems in the past in dealing with domestic violence and violence against women. [...] However, there is persuasive evidence that indicates that Mexico candidly acknowledges its past problems and is making serious efforts to deal with these issues.” [...] The respondent further submits that the applicants have not demonstrated that they were denied a fair hearing as a result of being denied the adjournment, and therefore there was no breach of procedural fairness.
-
1,394.
Dee v. Canada (Minister of Citizenship and Immigration) - 1998-12-04
Federal Court DecisionsThat is very basic fairness, which is the cornerstone of our judicial system. [...] I would appreciate if you would comment on what threshold we could expect from a deemed convention refugee to deal with outstanding charges. [...] But the question which, in fairness, the Court asks in its discretion in this matter is, why in the world should Mr. Dee rely on that promise?
-
1,395.
Vandenberg v. Canada (Attorney General) - 1997-05-27
Federal Court DecisionsI direct that the facts to be considered on this rehearing are those that exist -- and, indeed, I think it is only fair to say -- at the time of the rehearing. [...] That deals with Mr. Joseph Vandenberg. MR. RENOUF: I wonder if I could make one further application with respect to Mr. Joseph Vandenberg, my Lord. [...] Yes, and that section, so we are dealing with a decision-maker on the request for a permit?
-
1,396.
Farrier v. Canada (Attorney General) - 2020 FCA 25 - 2020-01-24
Federal Court of Appeal DecisionsThe absence of reasons dealing with the first two issues before the Appeal Division was not at the time sufficient to set aside the decision. [...] This is normally the first step in deciding whether a decision-maker such as the Board breached the duty to act fairly. [...] • (3) that the Board’s duty to act fairly included the obligation to record the hearing;
-
1,397.
Mwaura v. Canada (Citizenship and Immigration) - 2008 FC 748 - 2008-06-17
Federal Court Decisionsfairness, I note that pursuant to Canadian Union of Public Employees (C.U.P.E.) v. Ontario (Minister of Labour), [2003] 1 S.C.R. 539, [2003] S.C.J. No. 28 (QL), at para. 100, “it is for the courts, not the Minister, to provide the legal answer to procedural fairness questions.” Thus, questions of procedural fairness are [...] Indeed, the Canadian system of refugee protection has additional avenues for dealing with new information such as this, which could not properly be put before the Board. [...] fairness and natural justice? [33] Pursuant to section 74(d) of the Act, an appeal to the Federal Court of Appeal may be made only if a serious question of general importance is certified.
-
1,398.
Wong v. Canada (National Revenue) - 2007 FC 628 - 2007-06-13
Federal Court DecisionsThe starting point is that VDP officers are required to deal with all facets of the file. [...] [8] The Guidelines also deal with the situation where a VDP officer discovers that enforcement action has been taken. [...] That failure to accord minimal fairness led to the highly prejudicial disclosure.
-
1,399.
Jennings v. Shaw Cablesystems Ltd. - 2003 FC 1206 - 2003-10-20
Federal Court DecisionsIn particular, there is absolutely no language in section 242, the section dealing with the powers of an adjudicator, that creates a bar to the adjudicator proceeding whether or not the employer has complied with section 241(1). [...] Such evidence is relevant and necessary for both parties to receive a full and fair hearing. [...] However, I note that, during this process, Shaw or its counsel have missed deadlines or made errors that required correction, thereby requiring additional time of this Court in dealing with motions that should have been unnecessary.
-
1,400.
Caldwell Industries Co. Ltd. v. M.N.R. - 2009 TCC 59 - 2009-02-12
Tax Court of Canada Judgments... (i) employment if the employer and employee are not dealing with each other at arm's length. [...] I also think that this is a fair argument. Mr. Virga was paid as if he worked regular hours whereas in fact there was considerable work to be done outside those hours for which Mr. Virga was not paid. [...] He worked regular hours and was paid a fair and reasonable compensation package - including vacation pay, company vehicle, medical and dental benefits, that appears to have been normal within that industry.