11,311 result(s)
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1,726.
Johnny v. Adams Lake Indian Band - 2017 FCA 147 - 2017-07-05
Federal Court of Appeal DecisionsThe Federal Court found the decision was reached in a procedurally fair manner and was reasonable (2016 FC 1399). [...] [2] Before dealing with the merits of the appeal, it is important to record the position of the respondent Adams Lake Indian Band on this appeal. [...] This said, these reasons should not be read to endorse the reasons of the Federal Court on the issue of procedural fairness.
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1,727.
Chi v. Canada (Public Safety and Emergency Preparedness) - 2017 FC 641 - 2017-06-30
Federal Court Decisions[15] In my view, the IAD did not violate Mr. Chi’s rights to procedural fairness by deciding that that point had been reached on January 20, 2017, when he failed to appear for his hearing for the third time, and once again on very short notice. [...] In addition, pursuant to subsection 162(2), the IAD is required to deal with all proceedings before it as informally and quickly as the circumstances and the considerations of fairness and natural justice permit. [...] (2) Each Division shall deal with all proceedings before it as informally and quickly as the circumstances and the considerations of fairness and natural justice permit.
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1,728.
Nicksy v. The Queen - 2017 TCC 116 - 2017-06-27
Tax Court of Canada JudgmentsThe Canada Revenue Agency (“CRA”) wants to deal with these thousands of donation receipts administratively, rather than having the Court be flooded with thousands of notices of appeal all related to the same set of facts. [...] Therefore administratively, the CRA and the Minister try to deal with these appeals without clogging up the court system. [...] If you search on the internet for "CRA Fairness Committee", the website will tell you the grounds upon which you can make such an application.
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1,729.
Bragg-Smith v. The Queen - 2012 TCC 252 - 2012-07-12
Tax Court of Canada Judgments(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 [...] Subsection 160(1) discourages such transfers by making the transferee jointly and severally liable with the transferor for tax owing by the transferor up to the amount by which the fair market value of the transferred property exceeds the fair market value of the consideration paid for the property.
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1,730.
Bradford v. Canada Employment Insurance Commission - 2012 FCA 120 - 2012-04-20
Federal Court of Appeal DecisionsIn my view, most of these alleged errors do not relate directly to the grounds of appeal that the Umpire had to deal with. [...] [15] Thus, I propose to deal first with the errors that could affect the Umpire’s findings in respect of the grounds of appeal before him. [...] [28] Mr. Bradford has not persuaded me that there was a breach of procedural fairness.
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1,731.
Li v. Canada (Minister of Citizenship and Immigration) - 2004 FC 1390 - 2004-10-08
Federal Court DecisionsIssue #1: Did the Visa Officer breach the rules of procedural fairness? [...] [12] In conclusion on this issue, I am satisfied that there was no breach of the duty of fairness. [...] Secondly, part (b) of the definition refers to "visa officer" for one simple reason; part (b) deals with persons who are outside Canada.
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1,732.
Viviers v. Canada (Miniser of Citizenship and Immigration) - 2003 FCT 765 - 2003-06-19
Federal Court DecisionsThis application deals with the second officer's decision to refuse the application. [...] Did the immigration counsellor err in law by breaching the duty of fairness by considering extrinsic evidence without providing the applicants with an opportunity to reply? [...] [33] Because of my finding on Issue 1, I need not deal with the other issues.
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1,733.
Poulin v. Canada (Attorney General) - 2002 FCT 131 - 2002-02-04
Federal Court DecisionsAlthough the plaintiff has made some efforts to deal with his violent behaviour, he has not overcome it sufficiently for the authorities to cease regarding him as a risk. [...] [17] The Deputy Commissioner did not fail to perform his duty to act fairly, exercise his authority in bad faith, capriciously or arbitrarily or take improper considerations into account. [...] [para 6] The decision to transfer or to refuse to transfer an inmate is a discretionary one, which attracts the duty of procedural fairness.
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1,734.
Navarro v. Canada (Minister of Citizenship and Immigration) - 2000-09-14
Federal Court DecisionsIn my opinion, it is now appropriate to recognize that, in certain circumstances, the duty of procedural fairness will require the provision of a written explanation for a decision. [...] accorded procedural fairness in the treatment of the request for a danger opinion pursuant to paragraph 46.01(1)(e) of the Immigration Act. The Notice of Application seeks an order setting aside the danger opinion which is the usual remedy in the case of a decision made in breach of the requirements of procedural fairness. [...] Finally, the applicant seeks certification of a question dealing with the obligation of the respondent to provide the applicant copies of the material which is before the Minister's Delegate and to allow him to respond to the material before a decision is made.
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1,735.
Stephens v. The Queen - 1999-10-27
Tax Court of Canada Judgments[9] The appellants rely on Revenue Canada's newly released "Fairness Pledge" dated February of 1999. [...] The Pledge emphasizes Revenue Canada's commitment to fairness and commits the Department to accurate and understandable information, consistency, flexibility, accountability for its actions on fairness, timeliness, impartiality and client support. [...] [Even though this Bulletin primarily deals with rental properties, the implications for "leasing" are virtually the same.]
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1,736.
Bullock v. Canada - 1997-12-03
Federal Court of Appeal Decisions[7] There are obviously a fair number of other facts that are important and relevant to this appeal, but I propose to deal with them as I consider the two issues involved in these proceedings. [...] The information I have been provided with does not say where, when and with whom and that is not fair to me15. [...] [22] It is interesting to note that Paragraph 6 of Annex 'A' of the Commissioner's Directive 540, which deals with the transfer of inmates, states:
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1,737.
Yogeswaran v. Canada (Minister of Citizenship and Immigration) - 1997-04-17
Federal Court DecisionsThere is no breach of procedural fairness. 3. In the refusal letter following the interim refusal letter dated March 7, 1996, the visa officer stated: [...] Clearly, the visa officer was dealing with both health and social services and the last sentence cannot be taken out of context of the entire letter. [...] However, in that case the applicant was 30 years old and the Court was dealing with a demand that was not mandated by statute.
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1,738.
Grimes v. The Queen - 2016 TCC 280 - 2016-11-29
Tax Court of Canada Judgments[150] In this appeal, we are dealing with a deemed disposition resulting from the application of the 21‑year deemed disposition rules. [...] [182] The case law dealing with the determination of fair market value that I review below has often applied a minority discount in the valuation of minority shares of a family‑controlled corporation. [...] Yet, a prospective purchaser dealing at arms length [sic] would, in my opinion, assess the risk associated with a minority interest of 30% of the issued shares to be higher than the 15% which Mr. Wallace opines.
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1,739.
Singh v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 795 - 2003-06-26
Federal Court DecisionsIn these circumstances, a decision decided by reference to the wrong standard of proof and without affording the applicant procedural fairness, could potentially prejudice the applicant in the future. [...] In comparison to O.N. , supra, it was on the opposite end of a spectrum of adverse effects which would "almost inevitably follow" from not dealing with the impugned decision on its merits. [...] However, the portion dealing with the definition of "public danger" remains good law.
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1,740.
Weber v. The Queen - 2001-08-11
Tax Court of Canada Judgments(ii) where the amount designated in the election is in respect of a property of the elector, the amount designated exceeds 11/10 of the property's fair market value at the end of February 22, 1994; or [...] The provision also ensures that an elector cannot avoid the adverse tax consequences associated with an elected amount in excess of 11/10 of the fair market value of the property or business as at February 22, 1994. [...] The Minister, however, is now powerless to deal with 1994. ... 20. ... The Minister has relied on statements made in the income tax returns of the Appellant.
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1,741.
Ward v. Samson Cree Nation No. 444 - 1999-08-31
Federal Court of Appeal Decisions[6] In granting the motion, the Motions Judge did not deal with the first objection taken by the appellant. [...] [31] In view of this conclusion, I do not find it necessary to deal with the issues of limitation or delay. [...] [43] Although the Motions Judge did not deal with this objection in his reasons, he made no error in law or in principle in not doing so.
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1,742.
Canada (Attorney General) v. Tipple - 2011 FC 762 - 2011-06-24
Federal Court Decisions[44] In this case, the Adjudicator concluded that “Mr. Tipple has met the test found in [Honda] and that the respondent’s failure of its obligation of good faith and fair dealing in the manner of termination caused him psychological injury that was in the contemplation of the parties.” [...] [45] The Adjudicator found that PWGSC breached its obligation of good faith and fair dealing in the manner of dismissal because of the following: [...] It is fair to say that in this case the Adjudicator found the conduct of PWGSC to be egregious.
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1,743.
Azizi v. Canada (Minister of Citizenship and Immigration) - 2005 FCA 406 - 2005-12-05
Federal Court of Appeal DecisionsHowever, in view of the certification of the question of law, I will briefly deal with Mr. Azizi's numerous arguments in this Court. [...] (a) ou bien le répondant a été informé que l'étranger pouvait faire l'objet d'un contrôle et il pouvait faire en sorte que ce dernier soit disponible, mais il ne l'a pas fait, ou l'étranger ne s'est pas présenté au contrôle; [...] [19] The basis of Mr. Azizi's argument is that paragraph 141(1)(a) deals expressly with the situation of refugees who fail to disclose family members before arrival and therefore paragraph 117(9)(d), which does not deal expressly with refugees, does not apply to them.
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1,744.
Klassen v. Canada - 2005 FCA 251 - 2005-07-05
Federal Court of Appeal DecisionsAs such, the two years' salary benefit was evidently considered at the time as fair and reasonable compensation. [...] (ii) Although, prior to Wells, supra, the Government of Canada was under no obligation to pay compensation upon termination of an office holder's position, the Government had decided, as a matter of policy, to negotiate fair compensation, unless the terms of contract contained provisions dealing with the issue. [...] This undeniably is the way virtually everyone dealing with the Crown sees it.
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1,745.
Quebec North Shore & Labrador Railway Company, Inc. v. New Millennium Capital Corp. - 2011 FC 765 - 2011-06-23
Federal Court Decisions[12] The provisions of the Act dealing with FOA are contained in its sections 161 to 170. [...] Should I decide to deal with the issue whether the FOA statutory scheme violates subsection 2(e) of the Bill of Rights, I agree the correctness standard is the appropriate standard of review. [...] [31] I will deal with the issue whether the FOA scheme is inoperative on the grounds it deprives a person of the right to a fair hearing in accordance with the principles of fundamental justice.
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1,746.
Canada (Public Safety and Emergency Preparedness) v. Ewen - 2023 FCA 225 - 2023-11-16
Federal Court of Appeal DecisionsIf you’re dealing with someone that is he, it should be stated that he said this, he did that. [...] [27] From the very early cases dealing with Charter issues, the Supreme Court has made it crystal clear that courts must not resolve them in a factual vacuum. [...] Stay motions are meant to be summary proceedings to deal with an urgent situation, with a bare bone record and very little time for the Court to ponder the issues raised by the parties.
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1,747.
Stanoievici v. LTS Solutions - 2019 FC 1554 - 2019-12-03
Federal Court DecisionsMr. Stanoievici has accused four of these adjudicators of bias and of being unable to conduct a fair and reasonable adjudication process. [...] [20] After Mr. Thorne’s withdrawal, in mid-June the Minister appointed Fazal Bhimji as the fifth adjudicator to deal with the Complaint. [...] The Respondent says adjudicators take necessary pre-hearing measures to ensure a fair and efficient hearing.
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1,748.
Fabbiano v. Canada (Citizenship and Immigration) - 2014 FC 1219 - 2014-12-15
Federal Court Decisions1. There must be prejudice to the person’s right to a fair trial or the integrity of the justice system. [...] [23] The prejudice caused by the delay in dealing with the issue of Mr Fabbiano’s admissibility to Canada takes two main forms. [...] [31] In my view, Mr Fabbiano’s entitlement to a fair hearing has been infringed by delay.
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1,749.
Vitol Refining S.A. v. Canada (Attorney General) - 2011 FC 446 - 2011-04-11
Federal Court Decisions[15] The CRA has from time to time published Guidelines as to how, acting on behalf of the Minister, it would deal with waiver or cancellation of interest. [...] [29] I am satisfied that the CRA gave ample opportunity to Vitol to make submissions and that those submissions were fairly considered. [...] In any area of the law we turn our attention to, we find ourselves dealing with the reasonable, reasonableness or rationality.
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1,750.
Sarasin Consultadoria E Servicos Lda v. Roox's Inc. - 2004 FC 341 - 2004-03-04
Federal Court Decisions3. Une marque de commerce est réputée avoir été adoptée par une personne, lorsque cette personne ou son prédécesseur en titre a commencé à l'employer au Canada ou à l'y faire connaître, ou, si la personne ou le prédécesseur en question ne l'avait pas antérieurement ainsi employée ou fait connaître, lorsque l'un d'eux a [...] [24] The Decision of the Registrar makes it clear that "[s]ome of the grounds of opposition are rather garbled" but she goes on to try and deal with them in any event. [...] The third ground states that it is under Section 38(2)(c) (which deals with entitlement, not registrability) and, although the opening sentence of the ground refers to registrability as well as entitlement, it specifically refers to Section 16 (which only deals with entitlement) as being the basis of the ground.