11,309 result(s)
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1,551.
Watts v. The Queen - 2012 TCC 328 - 2012-09-14
Tax Court of Canada Judgments15 If Bolton stands, then regardless of the reason for the ten year delay in dealing with the objections, Mr. James cannot obtain the remedy he seeks. [...] Bolton was decided after those cases, and deals squarely with the issue of remedy. [...] In fairness to both parties, I have given you each approximately six weeks to do the filing.
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1,552.
Sawridge Band v. Canada - 2004 FC 1653 - 2004-11-25
Federal Court Decisions[10] My concern at this stage remains fairness to all parties to the extent of their respective interests. [...] The trial should still commence on January 10, 2005, so that the Crown and the Interveners will have a fairly short time period (and one that includes the Christmas season) to review the material, prepare for trial and complete any challenges they may wish to make. [...] The Plaintiffs will thus secure a three-month extension with no real compensatory concessions to the other side to deal with the consequences of the Plaintiffs' default.
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1,553.
Losada Conde v. Canada (Citizenship and Immigration) - 2018 FC 1165 - 2018-11-19
Federal Court DecisionsThey submit that this decision is unreasonable, and also that the RPD breached procedural fairness. [...] He was told that he would have to wait, because there were not enough police officers to deal with all the demands for protection. [...] The Member is also confused in suggesting that the Ombudsman and the Applicants’ counsel were communicating with the National Protection Unit, when both were dealing with the Attorney General’s office.
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1,554.
Campos Shimokawa v. Canada (Minister of Citizenship and Immigration) - 2006 FC 445 - 2006-04-06
Federal Court Decisions[8] On March 27, 1999, the applicants left Peru and went to Japan, where they allege to have suffered a great deal of racial discrimination. [...] The applicant made the statement: “There is terrorism in Peru.” An additional statement was made to CIC on April 2, 2002, but still no mention of direct dealings with the Shining Path was made. [...] Therefore, in my view, the applicants have waived their right to now complain about a breach of procedural fairness with respect to the order of questioning.
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1,555.
Fiddler Enterprises Ltd. v. Allied Shipbuilders Ltd. - 2002 FCT 44 - 2002-01-15
Federal Court DecisionsBefore leaving the Peruvian Guano case I would note that Lord Justice Brett, in the last sentence of his reasons, states that the decision does not deal with the effect of the documents either following disclosure or when they are offered in evidence at trial: [...] Indeed, the concept of the impartial and essential average adjuster goes back much farther, the need for practical, fair minded and common sense solutions to marine commercial losses having been with us for at least 3,000 years: see Buglass on Marine Insurance and General Average, 1991 edition, Cornell Maritime Press, at [...] They are specific to their own facts in that they deal with other matters and documents, including an appraisal under a home protection insurance policy, discovery questions dealing with the terms of an insurance policy and production of a residential insurance policy.
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1,556.
Girouard v. Canada (Attorney General) - 2020 FCA 129 - 2020-08-19
Federal Court of Appeal DecisionsThe Court’s reasons consist of 258 paragraphs and deal with all of the arguments put forth by counsel for Justice Girouard. [...] D. Was the appellant’s right to procedural fairness respected? [73] The appellant argued that his right to procedural fairness was violated on several occasions. [...] [98] However, the rule is less strict when dealing with questions of law, as the Supreme Court noted in IWA v. Consolidated‑Bathurst Packaging Ltd., [1990] 1 S.C.R. 282 [Consolidated-Bathurst].
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1,557.
Canada (Attorney General) v. Public Service Alliance of Canada - 2019 FCA 41 - 2019-03-01
Federal Court of Appeal Decisions(b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe; [...] [12] The Board submits that the portions of its decisions under review dealing with subsection 190(2) of the FPSLRA do not involve its jurisdiction, an alleged violation of procedural fairness or a claim of fraud or perjured evidence. [...] [41] The other cases relied on by the applicant concerning time limits in duty of fair representation complaints or other types of unfair labour practice are fact-specific.
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1,558.
Ugbazghi v. Canada (Citizenship and Immigration) - 2008 FC 694 - 2008-05-30
Federal Court DecisionsIn these reasons, I wish to deal more fully with the nature of the information filed in a section 87 application. [...] While the Minister was successful, fairness dictates that Ms. Ugbazghi be afforded the opportunity to propose a certified question. [...] (a) the judge shall proceed as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit;
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1,559.
Mills v. The Queen - 2014 TCC 153 - 2014-05-21
Tax Court of Canada JudgmentsIn September 2011, he brought an Application to Vary the Final Order of Divorce so as to oblige his ex-wife to pay her fair share of child support. [...] What Mr. Mills wanted was for his former spouse to pay her fair share of the costs related to raising the children in proportion to her annual income – which was the same as his. [...] [18] Justice Webb then went on to discuss paragraphs 8 and 9 of the Federal Child Support Guidelines which deal with split custody and shared custody respectively.
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1,560.
MacLeod v. The Queen - 2012 TCC 379 - 2012-10-29
Tax Court of Canada Judgments(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 [...] (b) The transferor and transferee must not have been dealing at arm’s length; [...] [26] There was no evidence of the fair market value of the Home on January 13, 1994.
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1,561.
Dharamraj v. Canada (Minister of Citizenship and Immigration) - 2006 FC 674 - 2006-06-01
Federal Court Decisions3. Did the officer breach the duty of procedural fairness by failing to follow the [...] It was submitted that provided that the duty of fairness is respected, there is no expectation that the officer must follow a specific procedure. [...] [22] I propose to deal with issue 2 raised by the applicants, which is:
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1,562.
Sivamayam v. Canada (Minister of Citizenship and Immigration) - 1999-07-30
Federal Court Decisions[5] A good deal of the evidence before the Board consisted of Mr. Sivamayam explaining to the CCRD the experiences which he had in the Vavunia camp on his way from northern Sri Lanka to the south. [...] In light of the conclusion which I have come to on the latter ground, it is not necessary for me to deal with the allegations of reasonable apprehension of bias. [...] [13] In the end result, Mr. Sivamayam was denied a fair hearing. The decision of the CCRD dated September 8, 1998 is set aside and the matter remitted to the Convention Refugee Determination Division for reconsideration by a differently constituted panel.
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1,563.
Varadi v. Canada (Attorney General) - 2017 FC 155 - 2017-02-08
Federal Court DecisionsI have a lot to deal with; I am not Air Canada royal family. You shit a lot on humanity, and because you are superior. [...] Legitimate expectation is one element of procedural fairness. III. Analysis [...] As the Federal Court of Appeal noted, the statutory scheme clothes the Minister with a great deal of discretion (Henri FCA at para 25).
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1,564.
General Electric Capital Canada Inc. v. The Queen - 2008 TCC 256 - 2008-04-30
Tax Court of Canada JudgmentsMR. MEGHJI: That's a fair undertaking, or I'll take that under advisement, but what I'm going to do is I'm not going to disclose to you everyone who may have been copied on it, but I will do this. [...] So if your question is, give me an undertaking to tell me under oath whether that information was communicated to a third party, I think that's a fair undertaking. [...] (i) would not have been entered into between persons dealing at arm's length, and
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1,565.
Pasic v. Canada (Attorney General) - 2022 FC 1171 - 2022-08-05
Federal Court DecisionsMany of the points he raised under this ground are considered in the next section dealing with the reasonableness of the decision. [...] [30] The Applicant knew the case he had to meet and had a full and fair opportunity to present his evidence and arguments. [...] For these reasons, I dismiss the Applicant’s claim that he was denied procedural fairness.
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1,566.
Tendai v. Canada (Citizenship and Immigration) - 2023 FC 880 - 2023-06-22
Federal Court Decisions[22] The third issue concerns procedural fairness. When reviewing the procedural fairness of a decision, the Court determines whether the procedure used by the decision maker was fair, having regard to all of the circumstances including the nature of the substantive rights involved and the consequences for the individual [...] [23] Having found that the RAD erred in its treatment of the Applicant’s evidence is determinative, I will only deal with the first issue. [...] [42] Having determined that the RAD’s assessment of the Applicant’s evidence was unreasonable, it is unnecessary to deal with the remaining issues.
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1,567.
Heroux v. Canada - 2015 FCA 240 - 2015-11-04
Federal Court of Appeal Decisions(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 [...] a) the transferor is the spouse or common law partner or otherwise does not deal at arm’s length with the transferee;
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1,568.
Canada (Citizenship and Immigration) v. Houchaine - 2014 FC 653 - 2014-07-03
Federal Court DecisionsIn the Written Representations of the Plaintiff, it is stated that “the costs set out in the Bill of Costs are fair and modest and properly reflect the complexity of the various litigation proceedings that took place and the factors set out under Rule 400(3) of the Federal Courts Rules”. [...] An award of party-and-party costs as between solicitor and client or on a solicitor-and-client basis is intended to be full indemnification to the beneficiary of such an award, excluding, however, costs not reasonably necessary to the full and fair prosecution or defence of the action. [...] [7] Dealing with an assessment of costs awarded by the Court on a solicitor and client basis, the assessment officer in Lominadze v. Canada [1998] F.C.J. No. 958 stated:
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1,569.
Jong v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 1165 - 2002-11-13
Federal Court DecisionsThe applicant responded to the fairness letter by submitting additional medical information on January 8, 1998. [...] The applicant received the second "fairness letter" dated September 7, 1999, providing him with sixty days to respond to the reassessment of his daughter. [...] I intend, first, to deal with the applicant's submission that the respondent's conduct constitutes an abuse of process of this Court.
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1,570.
Selmeci v. Canada - 2002 FCA 293 - 2002-07-24
Federal Court of Appeal DecisionsAt the core of this exercise of discretion is the facilitation of a fair and expeditious hearing. [...] Rather, the provision was intended to provide Tax Court Judges with the necessary flexibility to enable them to deal as informally and expeditiously with an appeal as the circumstances of the case and considerations of fairness allow (see, for example, Ainsley v. Canada [1997] F.C.J. No. 701). [...] Second, even if he did refuse to admit them, that refusal was within his discretion in dealing with hearsay evidence, and I am not satisfied that, in exercising his discretion, the Judge made an error that would warrant intervention by this Court.
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1,571.
Lazaruk v. The Queen - 2002-01-23
Tax Court of Canada JudgmentsHe travelled to many science fairs, wearing a number of hats as he put it. [...] [4] The steps that Mr. Lazaruk took in the operation of this business were to not only attend these science fairs, but to contact potential purchasers of curriculum, as well as actually producing the curriculum. [...] While he indicated the materials presented as Exhibits were developed over time his evidence supports a finding that a great deal of the work was conducted under the auspices of CASSR, while a separate society.
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1,572.
Ashiq v. Canada (Citizenship and Immigration) - 2024 FC 72 - 2024-01-17
Federal Court DecisionsThe central question for issues of procedural fairness is whether the procedure was fair having regard to all of the circumstances, including the factors enumerated in Baker v Canada (Minister of Citizenship and Immigration), 1999 CanLII 699 (SCC), [1999] 2 SCR 817 at paras 21-28 (Canadian Pacific Railway Company at para [...] This affects not only the Convention Refugees Abroad Class, but also the Country of Asylum Class – which deals with widespread human rights abuses and requires a consideration of country conditions. [...] However, since I have already made the finding that the Officer’s decision is unreasonable for the reasons stated, I will not deal with the Applicants’ other arguments, including on the other credibility findings or the breach of procedural fairness.
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1,573.
Balazuntharam v. Canada (Citizenship and Immigration) - 2015 FC 607 - 2015-05-08
Federal Court DecisionsAs I shall explain, the failure of the Delegate to consider this information - while no fault of her own - still contravened the Applicant’s rights to procedural fairness, particularly the right to a fair hearing. [...] [17] Having found a violation of procedural fairness, I must now address the second issue - should the decision be sent back to the same Delegate for reconsideration? [...] Reading a book is generally faster the second time around than the first, even if one has forgotten a good deal of what happened in the meantime.
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1,574.
Sing v. Canada (Minister of Citizenship and Immigration) - 2005 FCA 125 - 2005-04-11
Federal Court of Appeal DecisionsThis appeal will deal with these questions and other collateral issues advanced by the appellants. [...] The absence of proper notice, in their view, violated the duty of fairness that was owed to them. [...] [59] In my analysis, this question raises an issue of procedural fairness to which a correctness standard of review applies.
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1,575.
Canadian Human Rights Commission v. Canadian Broadcasting Corporation - 1996-10-04
Federal Court DecisionsThe CBC deserves to be treated and judged fairly as much as does the complainant. [...] The tribunal did not deny procedural fairness, nor did it breach any rule of procedural fairness, even if there had been no memorandum of agreement, made on September 14, 1993, above cited. [...] It is because Parliament enacted the one year datum as a substantive right of, or benefit to, those against whom complaints are made, but the Commission does not deal with complaints by dealing with anyone's substantive rights.