11,311 result(s)
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1,801.
Onuschak v. Canadian Society of Immigration - 2009 FC 1135 - 2009-11-05
Federal Court Decisions91. Les règlements peuvent prévoir qui peut ou ne peut représenter une personne, dans toute affaire devant le ministre, l’agent ou la Commission, ou faire office de conseil. [...] The issue there was whether the Canada Council, which was empowered to distribute public funds to various organizations owed a duty of fairness to potential recipients. [...] If more than one decision is involved, should the Court nevertheless in its discretion deal with everything in one application, as permitted under rule 302 of the Federal Courts Rules?
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1,802.
Garber v. The Queen - 2005 TCC 635 - 2005-10-05
Tax Court of Canada JudgmentsFrom our point of view, the concessions made by the Department are more than fair and generous. [...] There has been a great deal of bad blood and acrimony between the Crown and the appellants. [...] Counsel should communicate with the Court to arrange a conference call to deal with these matters.
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1,803.
Stevens v. Canada (Attorney General) - 2003 FC 1259 - 2003-10-28
Federal Court DecisionsThis would seem to deal with how the Commissioner produced his report. [...] As the commissioner, I picked one definition - from among the numerous ones put forward - which I thought was fair and reasonable. [...] Various counsel put forward proposed standards on behalf of their clients and Commissioner Parker determined which definition was fair and reasonable.
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1,804.
Do v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 1156 - 2002-11-07
Federal Court Decisions(6): 'RCMP in Whitehorse correctly came to believe that Do had become the main player in a significant drug dealing enterprise in Whitehorse'. [...] (11): 'It is clear that Xuan Man Do was primarily dealing cocaine, a deadly drug which has been a plague in the Yukon for many years. [...] 8. Throughout his dealings with police and probation officers, and with immigration officials, the Applicant was cooperative.
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1,805.
Occam Marine Technologies Ltd. v. Canada (National Research Council) - 1998-10-19
Federal Court DecisionsPace, as representative of the applicant, may explain, at least in part, a measure of disappointment and a lack of confidence on his part, in the integrity of the process followed by NRC in dealing with his requests for information and of the process followed by the Information Commissioner in dealing with his complaints. [...] 4.(1) Sous réserve des autres dispositions de la présente loi mais nonobstant toute autre loi fédérale, ont droit à l'accès aux documents des institutions fédérales et peuvent se les faire communiquer sur demande: [...] [21] The applicant also argues that the Commissioner's decision of December 10, 1997 violated the principles of procedural fairness because it was determined on the basis of findings about application of the Act which it is claimed the applicant did not have fair opportunity to address, in particular paragraphs 20(1)(b) and
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1,806.
Gervais v. The Queen - 2014 TCC 119 - 2014-04-23
Tax Court of Canada Judgments[50] On conversion, each of the class E and B shares had a fair market value of $1 per share. [...] [103] Ms. Gendron attributes a great deal of importance to Irrigation Industries. [...] [5] The fair market value of each share did not change between September 26, 2002, and October 6, 2002.
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1,807.
Tihomirovs v. Canada (Minister of Citizenship and Immigration) - 2006 FC 197 - 2006-02-14
Federal Court Decisions(i) would fairly and adequately represent the interests of the class, [...] d) Is a Class Action the Preferable Procedure for the Fair and Efficient Resolution of the Common Questions of Law or Fact? [...] (i) would fairly and adequately represent the interests of the class,
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1,808.
Vaughan v. Canada - 2003 FCA 76 - 2003-02-14
Federal Court of Appeal DecisionsWhen dealing with the latter issue, the Applications judge stated at para. 60: [...] In particular, questions of procedural fairness can be addressed as of right on judicial review of the decision-maker's decision. [...] Parliament is not readily presumed to have intended to dispense with fairness when it has not expressly so provided.
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1,809.
Canada (Border Services Agency) v. Decolin Inc. - 2006 FCA 417 - 2006-12-21
Federal Court of Appeal DecisionsIt is supported by legal reasons and principles of fairness that can stand up to a probing examination. [...] [23] The International Convention does not deal with the duties to be applied to imported goods. [...] [46] This leaves only the arguments dealing with the retroactive application of the 2003 Amendment.
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1,810.
Déziel v. The Queen - 2002-12-06
Tax Court of Canada Judgments· What was the fair market value ("FMV") of the complexes at the time the appellant was required to perform a self-assessment? [...] [35] She also analyzed the data dealing with the rental market vacancy percentage, interest rates and financing percentage. [...] [58] I will next deal with the issue of the ITCs. In principle, this is a relatively easy exercise.
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1,811.
Elson v. Canada (Attorney General) - 2017 FC 459 - 2017-05-05
Federal Court DecisionsThe plaintiff has not challenged the legislative provisions dealing with the issuance of export permits” (at para 102). [...] Therein counsel stated that the Applicant felt that he “was not treated fairly by the Minister. [...] [127] I find that the Applicant was treated fairly and that the appeal process itself was fair.
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1,812.
De Sanctis v. The Queen - 2010 TCC 118 - 2010-03-02
Tax Court of Canada JudgmentsThe three are therefore ‘related persons’ within the meaning of subsection 251(2) of the Act and are deemed by paragraph 251(1)(a) of the Act not to deal with each other at arm’s length. [...] (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
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1,813.
McLarty v. The Queen - 2005 TCC 55 - 2005-01-26
Tax Court of Canada Judgments(v) If so, what is the fair market value of the Appellant's share of the Venture Data? [...] (a) related persons shall be deemed not to deal with each other at arm's length; and [...] (b) it is a question of fact whether persons not related to each other were at a particular time dealing with each other at arm's length.
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1,814.
Coldwater First Nation v. Canada (Indian Affairs and Northern Development) - 2016 FC 595 - 2016-05-30
Federal Court Decisions[122] Kinder Morgan also submits that the content of the duty owed is reduced by the fact that Coldwater has negotiated its own deal with Kinder Morgan. [...] [154] The Minister submits that there was no breach of procedural fairness in this case. [...] Fiduciary duties do not automatically arise simply because the Crown is dealing with Aboriginals.
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1,815.
AlOmari v. Canada (Citizenship and Immigration) - 2017 FC 727 - 2017-07-26
Federal Court DecisionsDid the Officer breach the Applicant’s right to procedural fairness by impugning his credibility without providing him with an opportunity to respond? [...] (2) Procedural Fairness [19] The Applicant also submits that the Decision lacks procedural fairness because it impugned his credibility without providing him with an opportunity to respond. [...] (2) Procedural Fairness [25] The Respondent submits that the Decision is procedurally fair.
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1,816.
Wanis v. Canadian Food Inspection Agency - 2013 FC 963 - 2013-09-20
Federal Court DecisionsHe had “spent numerous extended periods as A/District Veterinarian and has competently handled all issues dealing with CFIA staff in that office”. [...] (b) Fairness [40] With respect to procedural fairness, I note that Dr. Wanis was able to grieve Dr. Hebda’s appointment through three grievance levels. [...] There was no breach of procedural fairness. (c) Irrelevant Considerations
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1,817.
Braun v. The Queen - 2011 TCC 536 - 2011-10-31
Tax Court of Canada Judgments(b) acquires property for a consideration greater than the fair market value of the property at the time of the acquisition, [...] the difference between the fair market value and the consideration, if any, shall be included in computing the income for the taxation year of the annuitant under the plan. [...] (b) acquires property for a consideration greater than the fair market value of the property at the time of the acquisition,
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1,818.
Canada Post Corporation v. Pollard - 2008 FCA 305 - 2008-10-10
Federal Court of Appeal Decisions[1] This appeal deals with the exercise by an employee of her right under section 128 of the Canada Labour Code (the Code) to refuse unsafe work. [...] The Cross-Appeal : procedural fairness [35] The cross-appeal deals with the procedural fairness argument raised by Canada Post. [...] In so doing, the officer breached the duty of procedural fairness that he owed to Canada Post.
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1,819.
Gray v. Canada (Attorney General) - 2020 FC 1037 - 2020-11-06
Federal Court DecisionsIt also assists female offenders in their dealings with CSC and with the Parole Board of Canada. [...] For purposes of the present motion, counsel for the applicant focused on the alleged breach of procedural fairness. [...] Granting an interlocutory injunction is the only way to ensure that the applicant has access to the remedy that she seeks for the denial of procedural fairness she alleges – namely, having a fair opportunity to state her case against transfer before she is transferred.
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1,820.
Duncan v. Canada (Attorney General) - 2013 FC 319 - 2013-03-27
Federal Court Decisionsii) Did the exclusion of the settlement letter and reply between the Minister and the Applicant constitute a breach of procedural fairness? [...] [29] With respect to allegations of breach of procedural fairness, the Court will apply a standard of correctness. [...] At the moment there are three eligibility criteria which are fairly complex.
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1,821.
Franklin Lumber Ltd. v. Essington II,(Ship) - 2005 FC 95 - 2005-01-20
Federal Court DecisionsFirst, the Lapointe case deals only with interest on mortgage money which had not been advanced. [...] [54] Dealing first with the value of the vessel, compared with the amounts claimed, I have already concluded that $380,000 is a reasonable market value. [...] To be fair there may be an arguable defence, although it is not one which, to this point, appears in the pleadings.
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1,822.
Koulatchenko v. Financial Transactions and Reports Analysis Centre of Canada - 2014 FC 206 - 2014-03-03
Federal Court DecisionsAlthough these cases did not deal with national security concerns, the distinction may be relevant to the legitimate expectations of the applicant. [...] (iii) establishing an agency that is responsible for dealing with reported and other information; [...] (2) Nothing in the Public Service Labour Relations Act shall be construed so as to affect the right or authority of the Director to deal with the matters referred to in paragraph (1)(b).
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1,823.
Aplin v. Canada (Attorney General) - 2004 FC 691 - 2004-05-11
Federal Court Decisionsà un concours interne, tout candidat non reçu peut, dans le délai fixé par règlement de la Commission, en appeler de la nomination devant un comité chargé par elle de faire une enquête, au cours de laquelle l'appelant et l'administrateur général en cause, ou leurs représentants, ont l'occasion de se faire entendre. [...] [35] The Appeal Board then determined that such subsequent comparison of qualifications "must be done" in order to ensure that comparative merit has been fairly established. [...] Subsequent assessments would engender problems with fairness in providing disclosure, not to mention added delay in getting to the Appeal Board stage.
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1,824.
R. v. Fennelly - 2003 FC 1097 - 2003-09-24
Federal Court DecisionsThe Board feels that Mr. Tom Fennelly has been treated fairly in that no new exploratory crab licence has been issued since 1998. [...] The Appeal Board failed to address this factor in its report; it also failed to comment upon or deal with vessel replacement practice. [...] (I ) determining if the appellant was treated fairly in accordance with the Department's licensing policies, practices and procedures;
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1,825.
James Richardson International Ltd. v. Canada - 2004 FC 1577 - 2004-11-10
Federal Court DecisionsHaving already ruled that JRI was out of time in bringing its application to review those decisions, I decline to deal with them any further. [...] The Commission has not established standard rules for dealing with the wide variety of disputes, claims, complaints and offences that come within its jurisdiction. [...] Because this information was not shared with JRI, a denial of procedural fairness resulted.