11,309 result(s)
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126.
Coroy v. Canada (Royal Mounted Police) - 2023 FC 1451 - 2023-10-31
Federal Court DecisionsIt decided, pursuant to paragraph 41(1)(e) of the CHRA, not to exercise its discretion to deal with the Applicant’s complaint. [...] [12] The Applicant submits that the Commission’s Decision not to deal with his complaint was unreasonable. [...] [22] The Applicant further submits that the Commission breached the principles of procedural fairness.
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127.
Bergeron v. Canada (Attorney General) - 2017 FC 57 - 2017-01-19
Federal Court Decisions[2] Judicial review must be granted because of avoidable, but nonetheless fatal, breaches of procedural fairness. [...] [54] Section 214 of the PSLRA deals with finality of the internal grievance decision: [...] Commission to deal with complaint Irrecevabilité 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
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128.
Lund v. Canada (Attorney General) - 2006 FC 640 - 2006-05-25
Federal Court Decisions[3] Mr. Lund made two requests for fairness relief, and both were denied. [...] I do not intend to belabour the circumstances which led to Mr. Lund's financial difficulties, or his history of dealings with CRA. The parties are well aware of those circumstances. [...] Mr. Lund also deposed that it was necessary to engage his accountant on several occasions to deal with these assessment errors.
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129.
Aird v. Country Park Village Properties (Mainland) Ltd. - 2002 FCT 837 - 2002-08-01
Federal Court DecisionsOf those, the material requested pursuant to question 405 is dealing with common area taxes to be provided to the Plaintiffs as soon as counsel for the Defendant receives it. [...] 20. Question 270 deals with a letter of instruction sent to Fortin Appraisals on 11 January 2000, a number of months before this action was commenced in the fall of 2001. [...] 26. Question 384 deals with production of the Defendant's tax returns for the years 1994 to date, or alternatively, 1997 to date.
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130.
McCoy v. The Queen - 2003 TCC 332 - 2003-05-15
Tax Court of Canada JudgmentsE. The fair market value of MarketVision [43] I shall now embark on the rather difficult task of dealing with the question of the value of the software. [...] [63] This is relevant for the purposes of section 69 because if a taxpayer acquires anything from a person with whom the taxpayer is not dealing at arm's length at an amount in excess of the fair market value the taxpayer is deemed to have acquired it at its fair market value. [...] Judge Rip found that the partnership and the vendor of the software were not dealing at arm's length, with the result that section 69 applied to reduce the purchase price of the software to its fair market value.
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131.
Canada v. Akisq’nuk First Nation - 2017 FCA 175 - 2017-09-01
Federal Court of Appeal DecisionsThe concept is animated by the desire to ensure fair play. The purpose of the participatory rights contained within the duty of fairness has been described to be: [...] Together, these chapters deal with Imperial Colonial Indian Policy, Indian Land Policy after Confederation and The Reserve Allotment Commissions. [...] [56] The Tribunal did not deal in any detail in its reasons with Canada’s argument about procedural fairness, stating only, at paragraph 28, that in its opinion procedural fairness was “adequately addressed by notice to the Parties and an opportunity to make submissions.”
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132.
Lopez v. Canada (Citizenship and Immigration) - 2007 FC 359 - 2007-04-04
Federal Court Decisions(1) Did the RPD violate procedural fairness by applying Guideline 7 in a manner that improperly fettered its discretion? [...] Guideline 7, unlike guidelines that deal with general policy considerations applicable to substantive decisions, deals essentially with procedure in the conduct of the hearing. [...] In the case at hand, the RPD was aware that it was dealing with a gender based claim.
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133.
Girouard v. Canada (Attorney General) - 2019 FC 1282 - 2019-10-10
Federal Court DecisionsRegarding the issues of procedural fairness, the AGC believes that it is up to the Court to determine whether the procedure that was followed was fair. [...] [77] I will deal with each of these items in the following paragraphs. [...] Section 21 deals with the preservation of other rights, privileges and obligations under other provisions of the Constitution Act, and section 22 deals with protections for the use of languages other than French and English.
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134.
Barlagne v. Canada (Citizenship and Immigration) - 2010 FC 547 - 2010-05-18
Federal Court DecisionsProcedural fairness [40] That being said, was there a breach of procedural fairness? [...] He also states that documents B to D and F to H, which deal with Rachel’s health condition, did not need to be disclosed because the procedural fairness letter contained a complete description of the medical officer’s medical notification. [...] [9] The Court is only dealing here with the parts of the legislation that are the most relevant in this case.
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135.
Clark v. Air Line Pilots Association - 2022 FCA 217 - 2022-12-14
Federal Court of Appeal DecisionsThe Board declined to exercise its discretion to deal with this aspect of Captain Clark’s complaint because of his failure to exhaust his internal remedies. [...] Consequently, it declined to exercise its discretion to deal with this aspect of Captain Clark’s complaint. [...] I will deal with Captain Clark’s allegations against Jazz in the next section of these reasons.
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136.
Stewart v. The Queen - 2019 TCC 22 - 2019-01-22
Tax Court of Canada JudgmentsSince the appellants and Mr. Rusnak are not related persons under the Income Tax Act, it is a question of fact whether they were dealing with each other at arm’s length. [...] [62] In Henderson [12] , Justice Cattanach defines fair market value as follows: [...] These definitions are equally applicable to “fair market value” and “market value” and it is doubtful if the use of the word “fair” adds anything to the words “market value”.
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137.
Assiniboine v. Meeches - 2013 FCA 177 - 2013-07-05
Federal Court of Appeal Decisions[11] Article Eight of the Election Act deals with the Election Appeal Committee. [...] [62] Article 17 deals with another matter: the election practices themselves. [...] The requirements of procedural fairness are different under Article 17, which deals with the legitimacy of the election results, than under Article 8 which deals with individual misconduct leading to impeachment and a ten year disqualification from office.
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138.
Kleckner v. Canada (Attorney General) - 2016 FC 1206 - 2016-10-31
Federal Court DecisionsConsequently, one has to assume that if Captain Kleckner had initiated a grievance, it would have been conducted in a fair, impartial and independent manner. [...] [34] As for the other issues raised by Captain Kleckner, I find that Captain Kleckner has not demonstrated a breach of procedural fairness by the Commission. [...] It also found that the adequacy or sufficiency of reasons does not fall under procedural fairness and the corresponding correctness standard of review, but rather is an issue commanding a reasonableness analysis.
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139.
Keybrand Foods Inc. v. The Queen - 2019 TCC 161 - 2019-08-02
Tax Court of Canada JudgmentsThis loss has been denied by the Minister of National Revenue (the “Minister”) on the basis that at the time of acquisition the fair market value (“FMV”) of the shares was nil and that the two companies were not dealing at arm’s length. [...] (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; [...] Where the parties are found not to be dealing at arm’s length, the taxpayer who has made an acquisition is deemed to have made the acquisition at fair market value regardless of whether the amount paid was in excess of fair market value . . .
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140.
Via Rail Canada Inc. v. Cannon - 2015 FC 989 - 2015-08-19
Federal Court Decisions[11] On September 6, 2013, VIA objected to the Commission dealing with the Complaint pursuant to paragraph 41(1)(e) of the Act, which states: [...] Given my concerns on the procedural fairness of this case, I did not need to address this argument. [...] However, given my findings on the violations of procedural fairness, I will grant the alternate remedy sought by the Applicant.
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141.
Cape Breton Development Corp. v. Hynes - 1999-03-15
Federal Court Decisions41. 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 [...] I deal with the first two issues as expressed by the applicant, and the third, as I perceive it, that was raised in the course of the hearing. [...] [25] No reasons were here specified by the Commission, a matter I propose to deal with in discussing below the requirements of procedural fairness.
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142.
Carroll v. Canada (Attorney General) - 2015 FC 287 - 2015-03-06
Federal Court DecisionsIt further advised that the Commission would prepare a section 40/41 report to decide whether to deal with the complaint. [...] Given that the alternate decision-maker dealt with the human rights issues raised in this complaint and that process was fair, the Commission must respect the finality of that decision and should not deal with this complaint. [...] In order to be fair, the investigation had to be thorough and neutral.
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143.
Eadie v. MTS Inc. - 2015 FCA 173 - 2015-07-27
Federal Court of Appeal Decisions[78] All of the case law relied on by the judge was decided on the basis of procedural fairness, applying the standard of correctness. [...] [85] At paragraph 70 of its memorandum, MTS submits the following under the heading “Procedural Fairness”: [...] ... Commission 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
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144.
Via Rail Canada Inc. v. Cairns - 2001 FCA 133 - 2001-05-02
Federal Court of Appeal Decisions(ii) faire tout effort raisonnable pour conclure une convention collective; [...] However, the complexity of the labour relations regime embodied in the Code adds an additional element that the Court may be less equipped to deal with. [...] [40] Section 37 of the Code codifies the union's duty of fair representation.
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145.
Raivitch v. Canada (Minister of Human Resources Development) - 2006 FC 1279 - 2006-10-25
Federal Court Decisions2. Whether the conduct of the respondent amounted to a denial of procedural fairness. [...] 2. Whether the conduct of the respondent amounted to a denial of procedural fairness. [...] In other words, some level of procedural fairness is warranted but not at an overly onerous level.
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146.
Dupéré v. Canada (House of Commons) - 2006 FC 997 - 2006-08-18
Federal Court Decisions[32] The applicant submitted that the duty to give reasons may be imposed by statute or by the operation of the principles of fairness. [...] Did the Commission have jurisdiction to deal with the applicant’s complaint? [...] 4. Les actes discriminatoires prévus aux articles 5 à 14.1 peuvent faire l'objet d'une plainte en vertu de la partie III et toute personne reconnue coupable de ces actes peut faire l'objet des ordonnances prévues aux articles 53 et 54.
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147.
Panula v. Canada (Attorney General) - 2014-02-24
Federal Court Decisions[17] Questions of procedural fairness are to be reviewed on a standard of correctness (Canada (Citizenship and Immigration) v Khosa, 2009 SCC 12, at para 43 (Khosa)). [...] This includes questions involving the fairness of the procedure adopted by the Commission in deciding whether to deal with complaints under subsection 41(1) of the CHRA (Ayangma at para 56; Exeter at para 6) and questions involving administrative delays in rendering decisions in administrative proceedings (Blencoe v British [...] [46] Consequently, where the Commission has followed the requirements of the CHRA, a decision issued some 13 months later does not amount to a violation of the duty of fairness..
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148.
Machtinger v. The Queen - 1998-03-24
Tax Court of Canada Judgments(c) a person with whom he was not dealing at arm’s length, the following rules apply: [...] (a) related persons shall be deemed not to deal with each other at arm’s length; and [...] Therefore, they are “related persons” and are deemed not to deal with each other at arm’s length.
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149.
Henco Industries Limited v. The Queen - 2014 TCC 192 - 2014-05-09
Tax Court of Canada JudgmentsHenco says the fair market value was $1,000,000 while the Minister of National Revenue (the “Minister”) says the fair market value was $1,400,000. [...] [93] I need to know what drove this deal to know exactly what the deal is to enable me to determine the tax consequences. [...] Although land was transferred as part of the deal, this was not a land deal.
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150.
Sahakyan v. Canada (Minister of Citizenship and Immigration) - 2004 FC 1542 - 2004-11-02
Federal Court DecisionsSection 3(1) deals with immigration and section 3(2) deals with refugees. [...] NATURAL JUSTICE - WAS THE HEARING FAIR? [24] I have come to the conclusion that Mr. Sahakyan was not given a fair hearing. [...] It suggests that the applicant is not being fairly dealt with and that fairness demands that he at least be afforded an opportunity to state his position on them.