11,309 result(s)
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1,626.
Massignani c. M.R.N. - 2004 TCC 75 - 2004-03-09
Tax Court of Canada Judgments(a) related persons shall be deemed not to deal with each other at arm's length; [...] 19. Failure to carry out a transaction at fair market value may be indicative of a non-arm's length transaction. [...] However, such failure is not conclusive and, conversely, a transaction between unrelated persons at fair market value does not necessarily indicate an arm's length situation.
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1,627.
John v. Canada (Citizenship and Immigration) - 2016 FC 572 - 2016-05-25
Federal Court DecisionsLikewise, I see little excuse for the failure of Legal Aid Committees to deal with applications promptly. [...] Justice Mahoney did refer to a requirement for a “fairly arguable” case but did not define that phrase nor provide any analysis of what would be considered “fairly arguable”. [...] Fairness and access to justice should be the goal. ORDER THIS COURT ORDERS that:
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1,628.
Asphalte ABC Rive-Nord Inc. v. Canada (Attorney General) - 2013 FC 1287 - 2013-12-24
Federal Court Decisions[54] The applicant made much of the obligation to treat bidders fairly and therefore to accept only compliant offers. [...] Apart from the Martel Building decision, above, which the applicant claims deals with facts that are quite different from the facts in this case, there can be no doubt that these principles of fairness apply. [...] But the bidders were treated fairly. [55] The applicant agrees that a minor irregularity can be ignored.
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1,629.
La succession de feu Claude Ménard c. La Reine - 2004 TCC 431 - 2004-06-22
Tax Court of Canada JudgmentsThis substantial deviation, in my opinion, should be sufficient to alert a reasonable person to the fact that this was too good a deal. [...] 17 That paragraph deals with blameworthy conduct on the part of a taxpayer in his or her formal relationship with Revenue Canada. [...] One cannot fault the plaintiff for putting the best possible light on the situation, including the suggested two deals, as long as the main feature is not hidden.
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1,630.
GlaxoSmithkline v. The Queen - 2003 TCC 258 - 2003-06-03
Tax Court of Canada JudgmentsThis, it is argued, would deprive the Appellant of a fair hearing in accordance with the principles of fundamental justice. [...] [18] Counsel for the Respondent took the position that subsection (4) is sufficient to ensure that a taxpayer's right to a fair hearing will not be infringed. [...] Freedoms, it could be said that the impact of section 231.6 on the right to a fair hearing was justifiable in a free and democratic society.[3] Before considering that aspect of the case, however, I intend to deal with the matter of appropriate remedies to be applied in cases involving infringement of the Bill of Rights.
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1,631.
Fournier v. Canada - 2000-08-30
Federal Court DecisionsAs the plaintiff withdrew this point in this Court, I see no need to deal with it. [...] (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe; [...] 4(2) La sélection visée au paragraphe 10(2) de la Loi peut se faire dans l'une ou l'autre des circonstances suivantes :
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1,632.
McCurvie v. Canada (Citizenship and Immigration) - 2013 FC 681 - 2013-06-18
Federal Court DecisionsProcedural Fairness [44] The Respondent says that the Applicant is attempting to manufacture a breach of procedural fairness by taking portions of the transcript out of proper context. [...] The Applicant further submits that the Respondent has failed to deal with the factual distinctions between the cases cited and the case of the Applicant. [...] Different IAD panels were dealing with different removal orders, different evidence and different criminal convictions.
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1,633.
Hassouna v. Canada (Citizenship and Immigration) - 2017 FC 473 - 2017-05-10
Federal Court DecisionsThe relevant facts will be addressed only if necessary to deal with a common issue. [...] The impugned provisions deal strictly with the revocation of citizenship. [...] 8. Shocks the general conscience or is intolerable in fundamental fairness; and
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1,634.
Ha v. Canada (Minister of Citizenship and Immigration) - 2004 FCA 49 - 2004-01-30
Federal Court of Appeal DecisionsRather, the court is required to evaluate whether the rules of procedural fairness or the duty of fairness have been adhered to. [...] tended to reduce the content of the duty of fairness, this case is distinguishable in that it did not deal with the special case of an applicant seeking admission to Canada as a refugee nor did it deal with the issue of whether the content of the duty of fairness included the right to have counsel attend at an interview. [...] Not only did Chiau, supra not deal with the issue of whether the duty of fairness included the right to counsel, but also the Court limited its conclusion regarding the content of the duty of fairness to the particular facts in that case, which differ substantially from those in the case at bar.
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1,635.
Canada (Citizenship and Immigration) v. Torres Pantoja - 2024 FC 993 - 2024-06-26
Federal Court Decisions[12] I agree with the line of cases that interpret s. 111(2) of the IRPA in a consistent manner with the role of the RAD as an appellate administrative tribunal where it needs to be decisive, fair and efficient. [...] [14] Even if one interprets the RAD’s comments on the unresolved credibility issues raised by the Minister before the RPD as an implied error, it is still hard to understand why the RAD, whose role as an appellant body is to hear the appeal, did not deal with it more decisively. [...] [16] The Respondent argued that it appears that the RAD member found their arguments on the unavailability of IFA convincing, but chose not to deal with it because the Minister was a party, and that the RAD member had probably wished no to render an unfavourable decision to them.
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1,636.
Rezko v. Canada (Citizenship and Immigration) - 2015 FC 6 - 2015-01-05
Federal Court DecisionsAccordingly, the Court is unable to find that the former counsel’s actions resulted in a breach of procedural fairness that would justify setting aside the impugned decision. [...] [10] The applicants also submit that they designated Mr. Raed Makho [consultant] to represent them in dealings with CIC regarding the PRRA application (see forms IMM 5476 dated February 18, 2013). [...] The fact that the applicants instructed Mr. Desmarais to represent them in this Court does not imply that the applicants had also instructed him to represent them in dealings with the CIC.
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1,637.
Anwer v. Canada (Minister of Citizenship and Immigration) - 2000-07-19
Federal Court DecisionsI did not award the Applicant any points for personal suitability as I believe that this 50 year old Applicant with dated experience will have a great deal of difficulty in landing a job in his intended occupation. [...] 3. The officer breached a duty of fairness in failing to communicate his concerns with respect to the applicant"s training and capabilities so as to allow Mr. Anwer the opportunity to disabuse him of those views; and [...] [11] Accordingly, I cannot find on the record evidence of any breach of the duty of fairness.
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1,638.
Kifoueti v. Canada (Minister of Citizenship and Immigration) - 1999-02-11
Federal Court Decisions[12] My brother Mr. Justice Gibson had occasion to deal with a similar case in Vodopianov.3 [...] 68. (2) The Refugee Division shall deal with all proceedings before it as informally and expeditiously as the circumstances and the considerations of fairness permit. [...] [20] Thus the Refugee Division must proceed expeditiously and, having regard to the circumstances, act fairly.
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1,639.
Asia Ocean Services, Inc. (UPS Asia Group Pte Ltd) v. Belair Fabrication Ltd - 2015 FC 1141 - 2015-10-06
Federal Court Decisions[38] Those “essential differences,” although extremely important, are focused upon two fairly narrow assertions that Belair makes: [...] [47] I have come to the conclusion that it is possible to deal with this matter summarily. [...] In my view, this dispute can be fairly adjudicated in a timely, affordable and proportionate manner without the need to resort to a full trial.
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1,640.
Douglas v. Canada (Attorney General) - 2014 FC 299 - 2014-03-28
Federal Court DecisionsThe question is whether the Court should deal with it prior to the completion of the inquiry proceedings which may yet find in favour of the applicant. [...] Procedures for Dealing with Complaints made to the Canadian Judicial Council about Federally Appointed Judges, Complaints Procedures” [...] The Chair or a Vice-Chair shall not deal with a file involving a judge of their court.
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1,641.
Mazinani v. Canada (Citizenship and Immigration) - 2009 FC 1073 - 2009-10-23
Federal Court DecisionsInformation on record indicates that Iran has its problems dealing drugs in the country. [...] 3) Alleged errors of law and breaches of natural justice and procedural fairness [...] Only thereafter will an order giving effect to these reasons and dealing with the issue of certification of a question issue.
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1,642.
Canada (Attorney General) v. Sam Lévy et Associés Inc. - 2005 FC 208 - 2005-02-10
Federal Court Decisionsa) peut faire prêter serment; (b) is not bound by any legal or technical rules of evidence in conducting the hearing; [...] b) n'est lié par aucune règle juridique ou procédurale en matière de preuve;(c) shall deal with the matters set out in the notice of the hearing as informally and expeditiously as the circumstances and a consideration of fairness permit; and [...] [26] The respondents argue that in paragraph 14.02(2)(c) of the Act, the words "shall deal with the matters set out..." explicitly give the Delegate the power to stay the disciplinary hearing.
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1,643.
Canada v. Marchessault - 2007 FCA 345 - 2007-11-02
Federal Court of Appeal DecisionsThat directive deals with provisional proofs of claim which the MNR may file in the case of a proposal. [...] I will first deal with paragraph 128(2)(d) of the Act and Agard, Gollner and Jones. [...] This directive, issued on October 27, 1995, deals with the filing of a provisional proof of claim in respect of a proposal.
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1,644.
Desfossés v. Rock - 1996-10-16
Federal Court DecisionsThere is a fair assumption that the requesting state, the United States, which has a democratic legal system and basic human values somewhat similar to ours, will hold a fair trial and that applicant's counsel will be given full opportunity to cross-examine Mr. Quitoni (cross-examination of affiants is not allowed at [...] The capias is not an essential ingredient under the Treaty and it was not the Minister's responsibility to deal with it. [...] As mentioned earlier, the letter deals mostly with the second capias and also seeks a personal meeting with the Minister.
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1,645.
Shire v. Canada (Citizenship and Immigration) - 2014 FC 795 - 2014-08-12
Federal Court Decisions(a) breach the duty of fairness owed to the Applicant or (b) make the decision unreasonable? [...] The section of the report dealing with Diaspora returning from abroad contains information from various sources indicating that many people have returned. [...] However, this portion of the report does not deal with returnees and nowhere does it state that returnees are targeted because of their perceived wealth.
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1,646.
Canada (Attorney General) v. Sasvari - 2005 FC 1021 - 2005-07-25
Federal Court Decisions[56] I propose to deal first with the argument that the applicant is not a service provider. [...] [61] When the Commission decided to deal with the respondent's complaint, it decided that it had jurisdiction to deal with the complaint. [...] [65] Due to my finding on this issue, I need not deal with the other issues in this case.
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1,647.
Hoobanoff Logging Ltd. v. M.N.R. - 1999-12-08
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. [...] [18] Subsection 93(3) of the EI Act deals with appeals to and the determination of questions by the Minister. [...] The late Mr. Justice Sopinka, when dealing with the review of the issue of an authorization to wiretap, then said:
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1,648.
Dulai v. Canada (Public Safety and Emergency Preparedness) - 2021 FC 933 - 2021-10-05
Federal Court DecisionsIn order to ensure a fair judicial process for the Appellant during the ex parte, in camera proceedings, I have appointed two (2) amici curiae, Mr. Colin Baxter and Mr. Gib van Ert [Amici]. [...] Only then will the designated judge have the necessary facts and law to render a fair decision. [...] When dealing with a Canadian agency, the same concerns exist subject to proper adaptation in accordance with existing policies.
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1,649.
Telus Communications Inc. v. Telecommunications Workers Union - 2005 FCA 262 - 2005-07-25
Federal Court of Appeal Decisions[19] I will deal with each matter separately, beginning with the Recusal Decision. [...] [62] First I will deal with the TWU's procedural issue: was the Board legally obligated to have the matter decided by a plenary panel? [...] The complexity of the issues that the parties are dealing with can not be underestimated.
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1,650.
Anderson v. Nekaneet First Nation - 2021 FC 843 - 2021-09-02
Federal Court Decisions[21] Subsequent to applying for judicial review, the Applicant sought information from Mr. Hill relating to his business dealings with Nekaneet. [...] [26] The third issue deals with the merits of the Decision and is reviewable on the reasonableness standard. [...] [28] The second issue, dealing with procedural fairness, attracts a correctness standard of review (Canadian Pacific Railway Company v Canada (Attorney General), 2018 FCA 69 at paras 49-56; Khela v Mission Institution, 2014 SCC 24 at para 79).