11,309 result(s)
-
151.
Spidel v. Canada (Attorney General) - 2011 FC 601 - 2011-05-30
Federal Court Decisionsd. Has the applicant demonstrated that a breach of procedural fairness occurred? [...] I will deal with the arguments on this subject under the issue of erroneous findings of fact. [...] The Commissioner did not fail to exercise his jurisdiction or to deal with the issues that were placed before him.
-
152.
Imperial Oil Resources Ltd. v. Canada (Minister of Indian Affairs and Northern Develpment) - 1997-12-16
Federal Court Decisions[27] Counsel for the respondents submits that subsection 21(7) should not be considered a complete code for dealing with non arm's-length situations. [...] [28] My determination with respect to the five percent marketing fee may make it unnecessary to deal with the question of audit. [...] [35] Finally, it is of some significance that we are not dealing here with a contract to which agreement must be obtained from the parties thereto.
-
153.
Johnson v. Maritime Telegraph & Telephone Co. - 2004 FC 951 - 2004-06-30
Federal Court Decisions[29] It is well established that the principles of procedural fairness differ according to the context. [...] In my opinion the duty of fairness normally only requires reasons to be given on the request of the person to whom the duty is owed and, in the absence of such a request, there will be no breach of the duty of fairness. [...] ... ... The duty to give reasons has been imposed by Parliament in certain specific cases, including the situation covered by subsection 42(1) of the Act which applies where the Commission decides not to deal with a case for the reasons set out in section 41.1 would hesitate to use the rules of procedural fairness to impose
-
154.
Jimmie v. Council of the Squiala First Nation - 2018 FC 190 - 2018-02-19
Federal Court DecisionsB. Should this Court exercise its discretion to deal with this dispute? [...] Although the Court may not often deal with decisions made by such councils in relation to housing, it frequently is requested to assess the reasonableness of band council decisions, whether they were made in accordance with procedural fairness, and whether they were within the jurisdiction of the band council to make. [...] • 1.The Federal Court has the jurisdiction to deal with this Application on its merits.
-
155.
English-Baker v. Canada (Attorney General) - 2009 FC 1253 - 2009-12-10
Federal Court DecisionsIssues related to procedural fairness must be correct. III. Issue [14] The issue to be considered can be set out as such: did the Commission err and/or breach procedural fairness or natural justice in declining to deal with the complaint? [...] They were advised that, based on their submissions, the Commission would decide either to deal with or not deal with the complaint under subsection 41(1)(d). [...] She did not raise the issue of representation to the adjudicator nor did she appeal the adjudicator’s decision based on procedural fairness grounds.
-
156.
Gagliano v. Canada (Commission of Inquiry into the Sponsorship Program and Advertising Activities) - 2008 FC 981 - 2008-09-05
Federal Court DecisionsIndeed, since we are dealing with the same commission of inquiry, what I decided regarding Commissioner Gomery’s procedural fairness obligation in the cases of Mr. Chrétien and Mr. Pelletier applies in the same way here. [...] Administrative boards that deal with matters of policy will be closely comparable to the boards composed of municipal councillors. [...] I am going to begin by examining the more specific elements of the reasonable apprehension of bias, and then I will deal with the procedural fairness allegations one by one, ever mindful of the fact that the Applicant considers them to be additional pieces of evidence pointing to the reasonable apprehension of bias.
-
157.
Campbell v. The Queen - 1999-02-04
Tax Court of Canada Judgments(A) the fair market value of the share ... on valuation day (within the meaning assigned by section 24 of the Income Tax Application Rules) [...] (a) related persons shall be deemed not to deal with each other at arm's length; and [...] ... In conclusion, it is respectfully submitted that the dealings between Helvetia and the Trustees in 1979 were, for all practical purposes, dealings between Helvetia and the Appellants.
-
158.
Baltruweit v. Canada (Attorney General) - 2002 FCT 2000 - 2002-11-19
Federal Court DecisionsNotwithstanding that the complaint was late-filed, the Commission agreed to deal with this fourth complaint. [...] Did the Commission breach the principles of procedural fairness when it dismissed my complaint? [...] This appeal deals with the application of the test set out in R. v. McClure, [2001] 1 S.C.R. 445, ... .
-
159.
Canadian Federation of Students v. Natural Sciences and Engineering Research Council of Canada - 2008 FC 493 - 2008-04-18
Federal Court Decisions3. Procedural fairness: a. What are the requirements of procedural fairness in the present case? [...] • NSERC’s expertise includes dealing with academic institutions, and their policies and procedures. [...] The applicant submitted that NSERC breached procedural fairness when it departed from its “normal procedure” and failed to inform the applicant of the new procedure taken to deal with the complaint.
-
160.
Andrews v. Canada (Attorney General) - 2015 FC 780 - 2015-06-22
Federal Court Decisions69. The lack of procedural fairness in the IA decision was acknowledged in the Final Authority decision. [...] 71. The complainant states that only the Commission will be able to fully deal with all of the matters in his complaint. [...] 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
-
161.
Via Rail Canada Inc. v. Cannon - 2016 FC 1278 - 2016-11-17
Federal Court DecisionsAs such, the Commission accepted to deal with the complaint. VIA applied for judicial review of this decision. [...] The Court found that the Commission had breached its duty of procedural fairness by denying VIA’s challenge to the timeliness of the complaint by backdating it to August 1, 2012. [...] 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 that
-
162.
Crawford & Co. Ltd. v. M.N.R. - 1999-12-08
Tax Court of Canada Judgments"19. Failure to carry out a transaction at fair market value may be indicative of a non-arm's length transaction. [...] (j) Leslie Anderson stated that he set his salary based on what he thought was fair for the responsibility of the position; [...] (k) Brian Sharp and Kevin Sharp's salary was based on what Leslie Anderson thought was fair for the responsibility of each person;
-
163.
Lavoie v. The Queen - 1998-06-09
Tax Court of Canada JudgmentsAccording to the respondent these two individuals were de facto spouses and so were not dealing with each other at arm's length. [...] (c) at the time of the transfer the fair market value of the undivided share he transferred was $45,000; [denied] [...] (a) related persons shall be deemed not to deal with each other at arm's length; and
-
164.
Andrew v. The Queen - 2015 TCC 1 - 2015-01-02
Tax Court of Canada Judgments[36] On April 30, 2004, both Meld’s and Andrew Paving’s fairness applications were granted in part. [...] Mr. Andrew testified that he then hired a lawyer to deal with the CRA. [...] The letter deals with the release of a requirement to pay that had been issued to Meld’s bank.
-
165.
Maximova v. Canada (Attorney General) - 2018 FC 376 - 2018-04-09
Federal Court Decisions[14] On January 4, 2016, the Commission sent a letter to Ms. Maximova stating that it would not deal with her complaint. [...] [17] Ms. Maximova submits that this is a plain and obvious discrimination matter that the Commission should deal with. [...] Second, a delay may in and of itself constitute a breach of the duty of fairness.
-
166.
Trickovic v. The Queen - 2003 TCC 261 - 2003-04-14
Tax Court of Canada Judgments(I) the fair market value of the security at the time the agreement was made [...] The fair market value of the shares at the exercise date of January 31, 2000 was $101.97US per share. [...] The fair market value of the shares at the exercise date of July 31, 2000 was $118.13US per share.
-
167.
Wagg v. Canada (Attorney General) - 2003 FCA 303 - 2003-07-11
Federal Court of Appeal DecisionsThey can't make constant little side deals with everybody. That's contrary to the principles of law. [...] [36] The burden of dealing with unrepresented litigants falls most heavily on trial courts. [...] Trial judges have a responsibility, particularly when dealing with unrepresented litigants, to strike a balance between the desire to resolve matters expeditiously, and the need to adjudicate cases in a principled manner that employs a fair process and preserves the appearance of justice.
-
168.
Mattacchione v. The Queen - 2015 TCC 283 - 2015-11-13
Tax Court of Canada JudgmentsThe former would require a finding of sham which I have not made so I will deal only with the latter. [...] The fair market value of the medical supplies was no greater than Roberto’s cost. [...] The concerns for determining fair market value in such circumstances should have been evident.
-
169.
Brine v. Canada (Attorney General) - 1999-09-20
Federal Court Decisions(b) breach of procedural fairness; and (c) the unreasonableness of the CHRC's decision not to deal with his complaint. [...] (b) The Dunphy Report was not circulated to the parties for comment which is a procedural requirement of fairness before the Commission decides; [...] The Commission breached its statutory obligation and procedural fairness in this case.
-
170.
Union of Nova Scotia Indians v. Maritimes and Northeast Pipeline Management Ltd. - 1999-10-20
Federal Court of Appeal DecisionsIt seems to me that this is the underlying question which the courts have sought to answer in all the cases dealing with natural justice and with fairness. [...] In dealing with the respondents and applicants separately, with neither knowing precisely what the other was submitting to it, the Board fell into error. [...] However, the Court is an appropriate forum in which to deal with procedural fairness issues.
-
171.
Rhéaume v. Canada (Attorney General) - 2007 FC 919 - 2007-09-14
Federal Court Decisions3. Did the Commission breach the principles of natural justice or procedural fairness in its review of the applicant’s complaint? [...] Did the Commission breach the principles of natural justice or procedural fairness in its review of the applicant’s complaint? [...] Nothing warrants modifying the decision not to deal with the applicant’s complaint.
-
172.
Campbell v. M.N.R. - 1998-06-26
Tax Court of Canada Judgments"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. [...] It was a fair estimate of the time involved to say between 30 and 60 hours per week.
-
173.
AstraZeneca Canada Inc. v. Apotex Inc. - 2008 FC 1301 - 2008-11-21
Federal Court DecisionsThe category includes documents which, though relevant, may not be necessary for the fair disposal of the case. [...] The second deals with information as to certain characteristics of the Apotex products. [...] The second deals with in situ sub-coats. The third deals with testing performed by AstraZeneca employee on an Apotex product, as set out in an affidavit of that employee filed in other proceedings.
-
174.
Panacci v. Canada (Attorney General) - 2014 FC 368 - 2014-04-16
Federal Court DecisionsIn other words, in determining whether an issue has been fully dealt with, the Commission should look at the substance of the matter and balance fairness with protecting the finality of the previous decision. [...] In this case, fairness suggests that the matter was not fully addressed, in the context of a remedy, because the adjudicator lacked the authority to address a part of the Applicant’s claim. [...] While I would agree that the principles of fairness and finality in decision making and the avoidance of unnecessary litigation of issues already decided do apply, I do not agree that the issue of jurisdiction is a “red herring”.
-
175.
Agnaou v. Canada (Public Prosecution Service) - 2022 FCA 140 - 2022-07-29
Federal Court of Appeal Decisions• (4)Did the Tribunal observe the principle of procedural fairness? V. Analysis [...] ... [...] Refusal to deal with complaint Irrecevabilité 19.3(1) The Commissioner may refuse to deal with a complaint if he or she is of the opinion that [...] (f) there is a valid reason for not dealing with the subject-matter of the disclosure or the investigation.