11,309 result(s)
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1,676.
Quan v. Canada (Citizenship and Immigration) - 2022 FC 576 - 2022-04-22
Federal Court DecisionsFurthermore, in all respects, the Officer met the procedural fairness requirements in dealing with Ms. Quan’s application. [...] No deference is owed to the decision maker on issues of procedural fairness. [...] Furthermore, in all respects, the Officer met the applicable procedural fairness requirements in dealing with Ms. Quan’s application.
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1,677.
Skinner v. Canada (Attorney General) - 2016 FC 57 - 2016-01-19
Federal Court Decisions3. denied procedural fairness in refusing to comply with sections 40 to 44 of the CCRA; [...] C. Was there any breach of procedural fairness in the Assistant Commissioner’s Decision? [...] Nor has the Applicant identified any problem with the relevant Regulations which deal with grievance procedures.
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1,678.
Loates v. The Queen - 2015 TCC 30 - 2015-02-06
Tax Court of Canada JudgmentsA person with whom the transferor was not dealing at arm's length. 4) The fair market value of the property transferred must exceed the fair market value of the consideration given by the transferee. [...] Mr. Neeteson testified that Mr. Loates had never raised the Offset Loans during their audit dealings. [...] [33] The prima facie debt represented by the two mortgages, if fully counted, exceeds the assumed fair market value of $700,000.00.
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1,679.
Clark v. Canada (Attorney General) - 2007 FC 9 - 2007-01-05
Federal Court Decisions[22] The Respondent takes the position that, unless the Court is asked to deal with some issue of procedural fairness, bias or jurisdictional error in relation to a decision under review (and no evidence or argument is advanced in the present case for any such error), any materials before the Court that were not part of the [...] [70] The Federal Court of Appeal in Sketchley made a number of points that are helpful in dealing with this factor in the present case. [...] [137] As noted above, the threshold for referring a complaint for full consideration before the Tribunal is fairly low.
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1,680.
Mader v. The Queen - 2019 TCC 289 - 2019-12-31
Tax Court of Canada Judgments• The parties signed a final agreement dealing with most of the litigation issues in the spring of 2013. [...] [32] The most difficult item to deal with is the expenses incurred in the pursuit of the Oppression remedy. [...] [37] In coming to my conclusion that it is reasonable and fair to apportion the professional fees spent on the Oppression Application (and Motion), I rely upon the following analysis.
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1,681.
Caputo v. The Queen - 2011 TCC 364 - 2011-07-22
Tax Court of Canada JudgmentsBut today we’re dealing with the Tax Court in the application of the -- the discretion that is available to the Tax Court to deal with its -- its own internal affairs. [...] I think you are sitting dealing with the original issue of costs. But Ms. Du has raised this before and, to be fair, it is what was put before Judge Hershfield and his direction of April 6th is not necessarily totally in answer to her position. [...] In my opinion, it would be fair, reasonable and proper for the 350 individuals for whom the four test cases were heard to indemnify the four Appellants for their costs.
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1,682.
Alberta Printed Circuits Ltd. v. The Queen - 2011 TCC 305 - 2011-06-16
Tax Court of Canada Judgments[5] In order to exercise such discretion on a principled basis, I propose to deal with the factors set out in subsection (3) of Rule 147: [...] 1. Whether the Appellant and APCI, Inc. (“APCI”) were dealing at arm’s length; [...] Under the circumstances, I do not think it fair that, since Mr. Jacobson’s presence appears to have been more in the nature of an observer, the Respondent should be paying his fees for attendance at trial.
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1,683.
Schuster v. The Queen - 2001-07-06
Tax Court of Canada JudgmentsDespite previous written requests the Minister has never clarified which properties we are dealing with. [...] Therefore, please provide the exact list of the addresses we are dealing with so that we will then know what addresses we do not have to deal with. [...] two sections a benefit must have been conferred on the transferee and the latter is only liable in general terms to pay for the transferor's tax to the extent that the fair market value of the property transferred exceeds the fair market value of the consideration paid by the transferee for the transfer of such property.
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1,684.
Ahamed v. The Queen - 2019 TCC 121 - 2019-05-24
Tax Court of Canada Judgments[5] Section 146.2 of the Act deals with tax free savings accounts and subsection 146.2(6) deals with the tax treatment thereof and reads as follows: [...] (2) Questions dealing with the Policy and Object, Spirit and Purpose and “Mischief” of provisions of Act Respondent relied upon. [...] (4) Questions dealing with whether Appellant’s documents obtained as redacted copies are made in usual and ordinary course of business?
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1,685.
Charkaoui v. Canada (Minister of Citizenship and Immigration) - 2004 FCA 421 - 2004-12-10
Federal Court of Appeal Decisions(c) the judge shall deal with all matters as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit; [...] Further, the parties did not deal with the application, if any, of Canadian Liberty Net, supra. [...] Most of these provisions deal with serious crime and organized crime in the context of the public danger they pose.
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1,686.
Zazula v. Canada (Attorney General) - 2022 FC 1156 - 2022-08-02
Federal Court DecisionsHe argued that the CRA must administer the Income Tax Act, RSC 1985, c 1 (5th Supp) [ITA] fairly and reasonably. [...] 8. The term fair market value (FMV) is applicable to TSFA please give examples of its application to all TFSA situations. [...] I find it was not unreasonable for the Officer to answer or deal with big picture legislative change questions or inquires in the TFSA relief decision before the Court.
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1,687.
Girard v. Canada (Human Resources and Skills Development) - 2013 FC 489 - 2013-05-09
Federal Court Decisions(i) a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment, or [...] [18] There is no doubt that grievors are entitled to some degree of procedural fairness: see Hagel, above, at paras 34-35. [...] Accordingly, the Court’s intervention is unwarranted since there was no breach of the principles of procedural fairness.
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1,688.
Nadarajah v. Canada (Solicitor General) - 2005 FC 713 - 2005-05-20
Federal Court DecisionsIt was therefore not necessary to deal with acts committed or danger posed to the security of Canada. [...] BREACH OF PROCEDURAL FAIRNESS [17] Mr. Nadarajah claims that the ministerial delegate breached the duty of fairness by relying on the Thampibillai decision, supra, without giving him an opportunity to respond. [...] [26] The ministerial delegate paid lip service to the "many differences in the circumstances between that case and Mr. Nadarajah's case", but did not deal with them.
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1,689.
Stemmler v. Canada (Attorney General) - 2016 FC 1299 - 2016-11-24
Federal Court DecisionsHe argues that, in his Decision, the CDS failed to deal with one of the specific remedies he was seeking, namely that the expiry of his POR in the CAF be restored to January 11, 2013. [...] However, he added that the process must be procedurally fair and include the member’s perspective before a decision to change the terms of service is made. [...] And the de novo examination of Cpl. Stemmler’s case by the CDS cured any procedural fairness concerns.
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1,690.
Lawton v. Canada (National Revenue) - 2012 FC 1074 - 2012-09-11
Federal Court DecisionsI think I was very fair and again if she can get an extension from PSC I would have no trouble extending, but I understand she has run out of work with them? [...] (2) No collective agreement may deal with matters governed by the staffing program. [...] ▪ there is a high duty of fairness required ▪ factual findings are to be determined on a standard of reasonableness with a low level of deference
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1,691.
Latimer v. Canada (Attorney General) - 2010 FC 806 - 2010-08-05
Federal Court DecisionsAs discussed earlier, his arguments raise questions of procedural fairness and the unlawful fettering of discretion. [...] [36] Chapter 4.1 of the Policy Manual deals with “expanded periods of leave” and is the provision at the heart of this proceeding. [...] L’octroi de privilèges de sortie supplémentaires ne peut se faire sans l’approbation écrite de la Commission.
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1,692.
Palonek v. Canada (Minister of National Revenue) - 2006 FC 494 - 2006-04-18
Federal Court Decisions[74] However, to the extent that Mr. Palonek argues that he was treated unfairly by the Agency in relation to his voluntary disclosure, the question for the Court is whether or not the Agency satisfied the requirements of procedural fairness in its dealings with Mr. Palonek. [...] [90] The document relied on by Mr. Palonek is dated July 25, 2003, that is, well after Mr. Palonek's dealings with Mr. McDermott. [...] [119] To the extent that this is Mr. Palonek's concern, I have already addressed this issue in the section of this decision dealing with the alleged violations of his Charter rights.
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1,693.
Longboat v. Canada (Attorney General) - 2013 FC 1168 - 2013-11-18
Federal Court DecisionsTo do so he needed support, assistance and time from the Minister and needed to be accorded procedural fairness. [...] Chapter Seven deals with the removal of an administrator for cause. It sets out the Department’s quasi judicial role and the steps to follow if a complaint is received. [...] [54] In these circumstances, I find the Appellant has been treated fairly by the Minister.
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1,694.
Paramasivam v. Canada (Citizenship and Immigration) - 2010 FC 811 - 2010-08-09
Federal Court Decisions3. Were the reasons given sufficient to satisfy the requirement of procedural fairness? [...] [13] Questions of procedural fairness are reviewed on a standard of correctness. [...] [51] The Applicant has also raised procedural fairness issues but, given my conclusions on the Officer’s handling of the evidence, it is not necessary for me to deal with additional grounds.
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1,695.
Lau v. Canada (Citizenship and Immigration) - 2009 FC 1089 - 2009-10-26
Federal Court Decisions[5] Section 22 of the Divorce Act[3] deals with recognition in Canada of foreign divorces. [...] Sivasamboo v. Canada (Minister of Citizenship and Immigration), ... held that the IRB is a specialized body dealing with a highly complex factual and regulatory context in which its decisions are made ... . [...] Fairness and Harmony With Canadian Public Policy [18] In Castel & Walker[8], the learned authors wrote:
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1,696.
Bema v. Canada (Citizenship and Immigration) - 2007 FC 845 - 2007-08-22
Federal Court Decisions3) Did the Board violate the applicant’s right to procedural fairness through its failure to follow the Chairperson’s Guideline respecting unaccompanied minor refugee claimants? [...] 3) Did the Board violate the applicant’s right to procedural fairness through its failure to follow the Chairperson’s Guideline respecting unaccompanied minor refugee claimants? [...] [24] First, it must be kept in mind that the Board was not dealing with a young child or a young teenager, but someone who arrived and claimed refugee protection in Canada just 4 months shy of his 18th birthday.
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1,697.
Tshimanga v. Canada (Citizenship and Immigration) - 2014 FC 137 - 2014-02-10
Federal Court DecisionsHe alleges that unreasonable delay is not relevant since the admissibility hearing did not deal with the March 13, 2012, report but with the report dated March 15, 2012. [...] [64] Lastly, regarding Mr. Tshimanga’s argument that the ID violated procedural fairness, by relying on evidence that was unrelated to the subject of the hearing even though the Member assured counsel for Mr. Tshimanga to the contrary, we will deal with this at paragraph 75 of this decision. [...] [72] The Court also notes that, contrary to Mr. Tshimanga’s claims, the decision in Ishaku, above, deals with the MLC’s objective to subvert the government of the DRC by force.
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1,698.
Duchaine v. The Queen - 2015 TCC 245 - 2015-10-20
Tax Court of Canada Judgments[12] Despite all efforts, they had to deal with failure after closing the business. [...] It is difficult to imagine why a taxpayer would seek or be granted an extraordinary remedy such as mandamus or some other form of judicial review where the Minister delays in dealing with an objection when there is a clear right of appeal after 90 days. . . . [...] I would further urge the Appellant, if she has not done so, to make an application pursuant to the fairness package.
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1,699.
Hnatusko v. Canada (Citizenship and Immigration) - 2010 FC 19 - 2010-01-07
Federal Court Decisions2. Did the officer commit a reviewable error by failing to discuss or refer to the specific sections of the CIC Manual dealing with family violence and the Gender Guidelines? [...] The applicants’ reliance on IP-5, 13.10, which deals with family violence, is also misplaced. [...] Did the officer commit a reviewable error by failing to discuss or refer to the specific sections of the CIC Manual dealing with family violence and the Gender Guidelines?
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1,700.
Harkat (Re) - 2003 FCT 285 - 2003-03-07
Federal Court Decisionsa. A list of all names of individuals and their notes who had direct or indirect dealings with Harkat who work directly for or on behalf of CSIS or any other intelligence agency; [...] (c) the judge shall deal with all matters as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit; [...] g) si le juge décide qu'ils sont pertinents, mais que leur divulgation porterait atteinte à la sécurité nationale ou à celle d'autrui, ils ne peuvent faire partie du résumé, mais peuvent servir de fondement à l'affaire;