11,309 result(s)
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1,451.
Burlacu v. Canada (Attorney General) - 2022 FCA 197 - 2022-11-15
Federal Court of Appeal DecisionsThe appellant says that the process followed in the grievance lacked “respect” and “fairness”. [...] [6] The decision-maker on the grievance did deal with this issue, albeit briefly, in the second-last paragraph of the reasons. [...] The allegation of lack of respect and fairness in the process was quite vague and lacked particularity: Appeal Book at 163-164.
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1,452.
Derksen v. Canada (Correctional Service) - 2013 FC 1120 - 2013-11-04
Federal Court Decisions2. Was the Applicant afforded procedural fairness? 3. Should the decision to dismiss be set aside and sent back for a new decision? [...] In reviewing a decision of the Commission to refuse to deal with a complaint, the Court cannot go beyond the Commission's role and explore the merits of the complaint. [...] PROCEDURAL FAIRNESS [12] I find that the Applicant was provided procedural fairness.
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1,453.
Hussain v. Canada (Minister of Citizenship and Immigration) - 2004 FC 430 - 2004-03-22
Federal Court DecisionsAccordingly, your clients have a right to be heard by the Panel at a hearing reconvened to deal with this new information. [...] a possibility, it does not change the fact, in view of the short time given to reply, which was, incidentally, totally unjustified, that Ms. Valois, who was at home with a newborn, was not in a position to make an enlightened decision about how to deal with the file and to present the applicants' position fully and fairly. [...] [14] This breach of procedural fairness in itself warrants the intervention of the Court.
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1,454.
Villa Ridge Construction Ltd. v. The Queen - 2000-09-14
Tax Court of Canada Judgments(1) The fair market value was not $82,300 and the use of values established for realty tax assessments is unacceptable because such values are notoriously inaccurate. [...] This is settled law, but it is not what we are dealing with here. It is merely a delegation to the Minister of National Revenue by a provincial legislature, sovereign within its own field of legislative competence, of certain functions relating to the collection and administration of a provincially imposed tax. [...] No notice was given under section 57 of the Federal Court Act but I can deal briefly with the argument because I do not propose to accept it.
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1,455.
Benguaich v. M.N.R. - 1998-08-20
Tax Court of Canada Judgments... (c) subject to paragraph (d), employment where the employer and employee are not dealing with each other at arm's length and, for the purposes of this paragraph, [...] (i) the question of whether persons are not dealing with each other at arm's length shall be determined in accordance with the provisions of the Income Tax Act, and [...] For this reason, I set out below the principles which may fairly be derived from the authorities in this court with respect to subparagraph 3(2)(c)(ii).
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1,456.
Myers v. The Queen - 2015 TCC 275 - 2015-11-04
Tax Court of Canada Judgments(c) a person with whom the person was not dealing at arm’s length, the following rules apply: [...] c) The transferor and transferee must not have been dealing at arm’s length; [...] d) The fair market value of the property transferred must exceed the fair market value of the consideration given by the transferee: The Queen v Livingston, 2008 FCA 89 at paragraph 17.
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1,457.
Jiminez v. Canada (Citizenship and Immigration) - 2010 FC 1078 - 2010-11-10
Federal Court DecisionsThe question is whether the applicant had the opportunity of dealing with the evidence. [...] This is what the long-established authorities indicate the rules of procedural fairness require. [...] It is certain, with Baker, that the interests of the children are one factor that an immigration officer must examine with a great deal of attention.
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1,458.
Bartakovic v. Canada (Attorney General) - 2010 FC 372 - 2010-04-08
Federal Court DecisionsThe concern was that the Office was created and operated in such a way that a fair minded person, looking at the matter objectively, would be concerned that Ms. Bartakovic might not get a fair hearing. [...] Thereafter, a great deal of evidence was led, and the hearing was reopened to admit additional evidence which had been obtained under the Access to Information Act. [...] [22] The parties seem to have lost sight of the fact that the issue is whether a fair-minded person, having thought the matter through, would be concerned that the Appeals Office was unable to give Ms. Bartakovic a fair hearing de novo.
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1,459.
Khadr v. Canada (Attorney General) - 2004 FC 1719 - 2004-12-09
Federal Court Decisions[5] By the letter from respondent's counsel on July 2 the applicant was advised that the Minister, on the ground that his previous decision was made without proper regard for the principle of fairness, "will consent to an Order setting aside" his decision. [...] to deal with the notice of application for judicial review filed May 13, 2004, the applicant made clear that amendment of the motion would be sought, rather than accepting the proposal that he re-apply for a passport if the decision of the Minister, conceded to have been made contrary to principles of fairness, were [...] is now moot, but that there is not a basis on which the Court should permit the matter to be decided, for that would unnecessarily involve further judicial proceedings, and it would deal prematurely with an issue which might not arise if the matter were remitted to the Minister for redetermination in a fair process.
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1,460.
Kutuadu v. Canada (Minister of Citizenship and Immigration) - 2001-01-12
Federal Court DecisionsBreach of fairness: [ · ] The fairness letter did not point out that "excessive demand on health services" was the main issue; [...] [ · ] Failed to deal with the medical evidence in a fair manner. RESPONDENT'S ARGUMENTS [...] [28] Because of my disposition above, it is not necessary that I deal with the other
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1,461.
Leblanc v. The Queen - 1999-01-27
Tax Court of Canada Judgments(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 [...] All that is required is that the husband should so deal with the property as to divest himself of it and vest it in his wife, that is to say, pass the property from himself to her.
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1,462.
Canada v. General Electric Capital Canada Inc. - 2010 FCA 344 - 2010-12-15
Federal Court of Appeal Decisions(i) would not have been entered into between persons dealing at arm’s length, and [...] Principles of natural justice and procedural fairness [37] The Crown’s submissions on this issue are two-fold. [...] Procedural fairness [88] At the hearing of the appeal, the Crown reconfigured its bias argument by reference to the recent decision of this Court in Heron Bay, which involved the same judge.
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1,463.
Biles v. Canada (Attorney General) - 2017 FC 1159 - 2017-12-15
Federal Court Decisions[16] The Applicant did not judicially challenge the Commissioner’s decision not to deal with the reprisal allegations respecting Ms. Biguzs. [...] [47] Where he decides to deal with the compliant, the Commissioner may designate a person to investigate it (subsection 19.7(1) of the Act). [...] [64] The Commissioner must decide whether or not to deal with a reprisal complaint within 15 days after receiving it.
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1,464.
Amos v. Canada (Attorney General) - 2011 FCA 38 - 2011-02-03
Federal Court of Appeal DecisionsThe Act establishes a time- and cost-effective method of resolving employment disputes in a fair and credible way, away from the judicial arena. [...] I will now deal with the first question formulated by the Adjudicator. [...] [42] The first statement deals with a well-established principle of interpretation:
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1,465.
Artistic Ideas Inc. v. The Queen - 2008 TCC 452 - 2008-08-07
Tax Court of Canada JudgmentsArtistic arranged for Canadian residents to purchase lithographic prints at less than their supposed fair market value from two US vendors and donate the prints to charities and receive a donation receipt for their supposed fair market value. [...] “The art tax shelter was sort of based on the concept of what we thought the definition of fair market value was or our understanding of the definition of fair market value, being one that would reflect a retail price of something. [...] [25] Pearlman and Grossman then met with Turner to discuss the deal and to confirm that he would provide a favorable tax opinion for it.
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1,466.
Thanabalasingham v. Canada (Public Safety and Emergency Preparedness) - 2007 FC 599 - 2007-06-05
Federal Court Decisions[31] Finally, the issue of sufficiency of reasons is one of procedural fairness for which there is no need to proceed to a pragmatic and functional analysis. [...] As early as 1992, the Federal Court of Appeal when dealing with police evidence about Asian gang activities said: [...] The applicant has failed to persuade the Court that there was a breach of the IAD’s duty of fairness.
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1,467.
Millbrook First Nation v. Tabor - 2016 FC 894 - 2016-08-03
Federal Court DecisionsIn my view though, the overarching issues are whether each decision was rendered in a procedurally fair manner and in accord with the standard of reasonableness. [...] 8 Before dealing with the merit of the appeal, I cannot help but observe, although the parties did not raise any objection in that respect, that the procedure followed by the Trial Judge is, to say the least, unusual. [...] 218 There have been a number of decisions dealing with retaliation/reprisal/provision under provincial Human Rights Codes.
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1,468.
Apotex Inc. v. Astrazeneca Canada Inc. - 2017 FCA 9 - 2017-01-12
Federal Court of Appeal DecisionsIt is fairness to the inventor that is achieved by interpreting the claims in an informed and purposive manner. [...] The Federal Court is certainly also entitled to a fair reading of its Reasons by a mind willing to understand. [...] The need for scrupulous accuracy and fair dealing under the NOC system is manifest.
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1,469.
Wyse v. Canada (National Revenue) - 2007 FC 535 - 2007-05-18
Federal Court Decisions[3] They seek judicial reviews of a September 15, 2005, decision of a delegate of the Minister of National Revenue (the “delegate”), denying their third level fairness applications for reassessment under section 152 (4.2) of the Income Tax Act (ITA), (the fairness provision). [...] An examination of the decisions bearing on these sections confirms that Indians who acquire and deal in property outside lands reserved for their use, deal with it on the same basis as all other Canadians.” [Emphasis mine] [...] However, this approach has the advantage that it preserves the ability to deal appropriately with future cases which present considerations not previously apparent.
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1,470.
Devries v. M.N.R. - 2002-04-09
Tax Court of Canada JudgmentsIf it is a substantially similar contract of employment, Parliament has deemed it to be only fair that it should be included in the scheme. [...] [61] Subsection 93(3) of the EI Act deals with appeals to and the determination of questions by the Minister. [...] 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.
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1,471.
Imperial Oil Ltd. v. Lubrizol Corp. - 1999-01-20
Federal Court DecisionsThe availability of Mr. Nelligan and his proposal to deal with any evidence from or about Lang Michener lawyers, if such evidence is to be led: [...] (a) provides the court with independent and objective counsel to lead and deal with any such evidence; [...] It allows the courts, in any given case, to deal with the facts as they present themselves.
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1,472.
Parmar v. Canada (Citizenship and Immigration) - 2012 FC 133 - 2012-02-02
Federal Court Decisions[20] Procedural fairness was not raised either before the reviewing judge or the Court of Appeal and it can be easily disposed of here. [...] [22] It is true that the breach of a duty of procedural fairness is an error in law. [...] [39] Thus, the Court finds that there was no breach of procedural fairness in this case.
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1,473.
Quastel v. Canada (Revenue Agency) - 2011 FC 143 - 2011-02-09
Federal Court DecisionsAs the matters spawn from the same general factual matrix, the Court will deal with both applications within the present Reasons for Judgment and Judgment. [...] To calibrate this discretion and to ensure fairness in the application of the Fairness Provisions, guidelines were adopted by CRA. These guidelines are at the heart of the present matter, as they were relied upon by CRA in refusing the Applicants’ request for relief under the Fairness Provisions. [...] Not that this is binding, but it also does confer reasonability to the decision, as like situations should be treated similarly as per the inherent “fairness” of the fairness provisions.
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1,474.
Phoenix Estates Ltd. v. The Queen - 2006 TCC 206 - 2006-03-31
Tax Court of Canada Judgments(l) as of May 15, 1998, the fair market value of Lot A was at least $73,000.00; [...] (m) as of May 15, 1998, the fair market value of Lot B was at least $81,000.00; [...] [20] There are two easy ways to deal with the detrimental factors described respecting Lot B: one is to multiply the price of 624 Atkins Roadin 1996 by their
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1,475.
Sandy v. Canada (Minister of Citizenship and Immigration) - 2004 FC 1468 - 2004-10-21
Federal Court DecisionsThe right to a fair hearing takes precedence over the need for a quick and speedy hearing." [...] [49] I will deal first with Issue 1. [50] Issue 1 Did the Board breach its duty of procedural fairness in denying the applicant's request for an adjournment of the October 2nd hearing or in the conduct of the hearing? [...] [55] I need not deal with the other issues raised by the applicant. [56] The application for judicial review is therefore allowed and the matter is remitted to a different panel of the Board for redetermination.