11,309 result(s)
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1,601.
Kasongo Sadi v. Canada (Human Rights Commission) - 2006 FC 1067 - 2006-09-08
Federal Court Decisions3. Did the Tribunal deny the applicant procedural fairness by displaying bias in making its decision? [...] Last, if the question is one of law, the Court dealing with an application for judicial review will accord no deference. [...] It ensured that the proceeding was fair and equitable for both parties, not just the applicant.
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1,602.
A. Lassonde Inc. v. Island Oasis Canada Inc. - 2000-02-11
Federal Court DecisionsThat kind of confusion, as we have said in other suits, leads to loss of "name" goodwill the loss of which in the normal course is a kind of damage which, when suffered by a commercial firm in the ordinary course, is fairly readily calculable and therefore can be fairly compensated for in damages. [...] The respondent filed many affidavits to the effect that it had acquired a reputation for honesty, integrity and fairness. [...] While the record contains some evidence of confusion, there is no specific evidence that such confusion had led any customer to stop dealing or to even consider not dealing with the respondent on future occasions.
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1,603.
398722 Alberta Ltd. v. The Queen - 1998-10-28
Tax Court of Canada Judgments13. The fair market value of the 4-plex as at the Possession Date was $455,000.00. [...] 19. The Appellant did not remit or record as payable GST on the fair market value of the 4-plex in any GST return. [...] [11] Section 191 deals with self-supply of residential properties and subsection (3) deals with multiple unit residential complexes.
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1,604.
ABB Inc. v. Hyundai Heavy Industries Co., Ltd. - 2015 FCA 157 - 2015-07-02
Federal Court of Appeal DecisionsThat the President breached procedural fairness by ignoring obviously crucial evidence and by demonstrating a reasonable apprehension of bias. [...] The Court must thus assess whether there was indeed a breach of procedural fairness that would justify its intervention. [...] Paragraph 25(1)(b) of SIMA deals with the unreliability of the export price (the price at which HC and HICO purchased their power transformers).
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1,605.
Lehigh Cement Limited v. Canada - 2010 FCA 124 - 2010-05-17
Federal Court of Appeal DecisionsThe arm’s length test is intended to ensure that the contractual conditions governing the debt, particularly the interest rate, fairly reflect the applicable market. [...] The term “arm’s length” is well defined in tax law and generally means dealings between unrelated persons. [...] The subparagraph 212(1)(b)(vii) exemption applies only if the payer and recipient of the interest deal at arm’s length with each other.
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1,606.
Musqueam Indian Band v. Glass - 1997-10-10
Federal Court DecisionsThis sum is to be regarded as a "fair rent" as that term is used in subsection 2(2). [...] A. During the early nineties articles in the newspaper or on radio were quite common dealing with that type of thing. [...] A. I think that's a pretty fair statement. Q. I think it's a quote -- from you.
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1,607.
Adekanmi v. Canada (Citizenship and Immigration) - 2021 FC 283 - 2021-04-07
Federal Court Decisions• c) Did the RAD reasonably determine that the failure on the part of the RPD to respect procedural fairness was corrected on appeal to the RAD? [...] [45] In addition, Mr. Adekanmi argues that the concerns expressed in the RIR deal with affidavits where the individual confirms that he is gay. [...] C. Did the RAD unreasonably conclude that the RPD did not breach Mr. Adekanmi’s right to procedural fairness?
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1,608.
Dimo v. Canada (Citizenship and Immigration) - 2018 FC 173 - 2018-02-14
Federal Court DecisionsA. Procedural Fairness Issue [41] The Applicants allege that the panel breached procedural fairness by failing to put two perceived inconsistencies to Mr. Dimo during the hearing thereby depriving him of the ability to provide an explanation for those concerns. [...] A. Was the Hearing Procedurally Fair? (1) Death of Mr. Dimo’s Brother [...] The panel makes note of both this fact and that Mr. Dimo said that they had some knowledge on their own about the person he was dealing with at the time.
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1,609.
DBC Marine Safety Systems Ltd v. Canadian Patents (Commissioner) - 2007 FC 1142 - 2007-11-05
Federal Court DecisionsI will deal with these interpretation questions briefly in addressing the key issues. [...] [27] Pfizer was followed in Hoffman-LaRoche and Eiba, above, also cases dealing with the failure to pay fees. [...] [42] Finally, the applicant alleges that the Commissioner breached her duty of procedural fairness in dealing with this patent application, both in failing to follow its own guidelines and in failing to provide a reasonable notice period for the applicant to resolve the problem.
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1,610.
Aslani v. Canada (Minister of Citizenship and Immigration) - 2006 FC 351 - 2006-03-20
Federal Court DecisionsWe are dealing here with the powers of an administrative tribunal in relation to its procedures. [...] f) le fait qu’elle veut faire comparaître le témoin par vidéoconférence ou par téléphone, le cas échéant. [...] Since the Iranian witnesses will testify in Farsi, how will the Court deal with the taking of evidence in Iran?
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1,611.
Angell v. Canada (Minister of National Revenue) - 2005 FC 782 - 2005-05-31
Federal Court Decisions[7] The applicants describe the situation as a grave and serious breach of procedural fairness. [...] 12. The Income Tax Act does not stipulate any consequence for a failure on the part of the Minister to deal with a notice of objection with all due dispatch. [...] There is judicial review to the Federal Court from the Minister's decision on the fairness appeal;
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1,612.
Schroter v. Canada - 2010 FCA 98 - 2010-04-15
Federal Court of Appeal Decisions[32] Second, the Tax Court judge did deal with the conferral of an economic advantage when she moved to consider the valuation of the benefit. [...] Where the fair market value can be determined, employers are instructed that the value of the benefit is based on the fair market value of the parking pass, less any payment the employee makes to use the space. [...] [48] Given the inherent fairness of this method of valuation, and the absence of objective evidence demonstrating that a fair market value based valuation is somehow inappropriate on the facts of this case, the Tax Court judge did not err by valuing the parking pass in the amount of its fair market value.
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1,613.
Alliance Pipeline Ltd. v. Bokenfohr - 2003 FCT 641 - 2003-05-23
Federal Court Decisionsd) un exposé des formalités destinées à faire approuver le tracé détaillé du pipeline; [...] This, in Alliance's view, makes their approach more suitable than the pattern of dealings approach adopted by the Committee. [...] The pattern of dealings approach ignores the inherent value of the lands being traversed.
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1,614.
Alexander v. Canada (Citizenship and Immigration) - 2021 FC 762 - 2021-07-20
Federal Court Decisions• (b) Did the Officer breach the requirements of procedural fairness by not convening a hearing? [...] B. Did the Officer breach the requirements of procedural fairness by not convening a hearing? [...] Doing so did not trigger the right to a hearing as a matter of procedural fairness.
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1,615.
Bergeron c. La Reine - 2003 TCC 286 - 2003-09-19
Tax Court of Canada Judgments[40] I will now deal with the issue of the FMV of the immovable that was the subject of a transfer on May 7, 1993. [...] (c) a person with whom the person was not dealing at arm's length, the following rules apply: [...] Is the fair market value to be interpreted as the fair market value of the property in the hands of the transferor or the transferee?
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1,616.
Desrosiers v. Canada (Attorney General) - 2004 FC 1601 - 2004-11-16
Federal Court DecisionsLa Commission peut réviser les qualifications établies par un administrateur général pour les nominations à tel poste ou telle catégorie de postes afin de faire en sorte que ces qualifications satisfassent au principe de la sélection au mérite. [...] 158. ...the comprehensive nature of the scheme does not in itself establish a sufficiently clear legislative intention that it is exclusive as to warrant the Court's omitting to consider the fairness of the statutory process. [...] The issue was whether certain Workers' Compensation programs dealing with chronic pain violated section 15(1) of the Charter.
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1,617.
Taylor v. Canada (Attorney General) - 2003 FCA 55 - 2003-02-03
Federal Court of Appeal DecisionsHowever, if, contrary to his opinion, the duty of fairness applied, Blanchard J. concluded that the Council had discharged it. [...] It is fair to say that the Council, in this case, is a tribunal with a rich and wide ranging collection of judicial expertise. [...] [83] Second, L'Heureux-Dubé J. observed in Knight that lack of finality is a factor in the applicability of the duty of fairness.
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1,618.
Groupe Maison Candiac Inc. v. Canada (Attorney General) - 2023 FC 1720 - 2023-12-19
Federal Court DecisionsThis risk was hardly conceivable since it is so inconsistent with Canadian notions of ‘fair dealing.’” [...] The Federal Court of Appeal concluded that this risk was hardly conceivable since it is highly inconsistent with the notions of fair dealing: [...] This risk was hardly conceivable since it is so inconsistent with Canadian notions of “fair dealing.”
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1,619.
Aloulou v. Canada (Citizenship and Immigration) - 2014 FC 1236 - 2014-12-19
Federal Court DecisionsBecause the rule against bias of decision-makers is a component of procedural fairness, I must examine the RAD’s decision in that respect on a standard of correctness. [...] It is also interesting to note that it continued by pointing out that it and the RPD both, in their respective roles, have to deal with whether or not to grant refugee protection to people who ask for it within a legislative scheme that governs them both and whose objectives include establishing fair and efficient [...] b. they both deal with proceedings as informally and quickly as the circumstances and the consideration of fairness and natural justice permit (section 162(2));
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1,620.
St-Fort v. Canada - 2009 FCA 188 - 2009-06-12
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) related persons shall be deemed not to deal with each other at arm’s length;
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1,621.
Medland v. Canada - 1998-05-25
Federal Court of Appeal DecisionsSection 160 deals with transfers of property like the present sections 74.1 and 74.2 which set out the attribution rules. [...] (c) a person with whom he 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
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1,622.
Halder v. Canada (Citizenship and Immigration) - 2012 FC 1346 - 2012-11-21
Federal Court DecisionsThis means there was no breach of procedural fairness when the Officer did not ask the Applicant, for a third time, to supply the missing documents. [...] While the Court has a great deal of sympathy for the fact that a negative decision could mean that the Applicant might not be able to come to Canada, the Court clearly has no general discretion to disregard established precedent on this basis. [...] Thus, there has been no breach of procedural fairness in this case. As the issue of whether the Officer ignored evidence is necessarily intertwined with the procedural fairness issue, I also find that the Decision was reasonable.
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1,623.
Dan v. Canada (Citizenship and Immigration) - 2009 FC 103 - 2009-01-30
Federal Court DecisionsMoreover, the submissions made by the applicant deal almost exclusively with the same factors that had already been considered on the visa officer’s own initiative. [...] [51] The respondent claims that the officer did not deny the applicant procedural fairness. [...] [66] As mentioned by the applicant, Baker, above, and Pushpanathan, above, deal with the standard of review of both questions in my analysis.
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1,624.
Canadian Private Copying Collective v. Amico Imaging Services Inc. - 2005 FC 1228 - 2005-09-07
Federal Court Decisions[9] The action itself is for the recovery of private copying levies imposed under the fairly recent provisions of the Copyright Act, R.S.C. 1985, c. C-42 amended in 1997. [...] [10] The action is in a very advanced stage, at this point, and should be fairly shortly ready for trial. [...] [12] I will not deal, for the reasons already stated, with those parts of the motion which deal with the reasons for wanting to implead Mr. Young.
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1,625.
Spuehler v. The Queen - 2003 TCC 611 - 2003-09-03
Tax Court of Canada JudgmentsAnd I always felt that that was a fair, you know, just a fair split of the income". [...] (a) related persons shall be deemed not to deal with each other at arm's length; [...] It is clear that it is directed specifically against potential avoidance of tax through the transfer of a right to income between parties not dealing at arm's length.