11,311 result(s)
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1,876.
Prairie Pride Natural Foods Ltd. v. Canada (Attorney General) - 2023 FCA 152 - 2023-06-29
Federal Court of Appeal DecisionsWith respect to procedural fairness, Prairie Pride submits that its rights to procedural fairness were breached because the Tribunal did not provide it with an opportunity to be heard. [...] It is not necessary to discuss whether there has been a breach of procedural fairness. [...] [17] Clare deals with the deadline for sending the original request for review.
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1,877.
Frank v. Blood Indians First Nation - 2022 FC 200 - 2022-02-14
Federal Court Decisions[26] These various allegations can be characterized as procedural fairness issues. [...] Procedural fairness was the principal issue in the earlier proceeding before Justice Manson. [...] [39] Considering the disposition of the Applicants’ Motion, it is not necessary for me to address the objection raised about the attempt to deal with contempt proceedings.
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1,878.
Casler v. Canadian National Railway - 2012 FCA 135 - 2012-05-03
Federal Court of Appeal DecisionsThis may well be the most important factual dispute, but the record does not disclose the position of CNR on a number of questions that in my view are obviously crucial to a fair determination of this factual dispute. [...] In January of 2005, the Commission determined that it would deal only with allegations by Ms. Casler of events that occurred from August 25, 2000 (the date of the termination of Ms. Casler’s work as a flagperson) to September 24, 2004 (which I assume was meant to be September 22, 2004, the date of the complaint). [...] The investigator did not attempt to deal with the question of whether and in what way any of the events after September 24, 2004 were relevant to Ms. Casler’s complaint.
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1,879.
Currie v. The Queen - 2008 TCC 338 - 2008-06-13
Tax Court of Canada JudgmentsThe Respondent says it can challenge jurisdiction because Justice Bowie did not deal in the Motion as to whether or not the Court had jurisdiction. [...] (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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1,880.
Wang v. Canada (Minister of Citizenship and Immigration) - 2006 FC 1298 - 2006-10-27
Federal Court Decisions[17] The evidence indicates that the Respondent’s approach to this case was consistent with its usual practices in dealing with 75,000 or so annual visa applications received in its Beijing office. [...] [20] In this case, the Respondent was dealing with one of several thousand visa applications it receives in Beijing each month. [...] [31] However, 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.
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1,881.
Traore v. Canada (Citizenship and Immigration) - 2003 FC 1256 - 2003-10-28
Federal Court DecisionsAlthough the Board has an expertise in many areas it deals with, that is not the case here. [...] The case deals with the marriage customs of the Bambara tribe of Mali and in particular, with arranged marriages to relatives. [...] Was the duty of procedural fairness met, namely, was the applicant given an opportunity to address the Board's concerns?
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1,882.
Rhéaume v. Canada (Attorney General) - 2002 FCT 332 - 2002-03-25
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. [...] [12] It is true that David Bull Laboratories (Canada) Inc. sets out the reasons why motions to strike are not to be encouraged in dealing with applications for judicial review. [...] However, Ms. Huneault's decision did not deal with the substance of the appeal, but only with the plaintiff's right to appeal and the Commission's power to hear it.
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1,883.
Hage v. Canada (Minster of Citizenship and Immigration) - 2002 FCT 5 - 2002-01-03
Federal Court DecisionsThe applicant also argues that the visa officer failed to observe principles of natural justice, procedural fairness and ignored evidence. [...] [12] Counsel for the applicant also argues that the visa officer failed to observe a principle of natural justice, procedural fairness, and ignored evidence. [...] (c) The fairness obligation in the application of the visa officer's discretion under subsection 11(3) of the Immigration Regulations;
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1,884.
Mahmood v. Canada - 2000-05-11
Federal Court DecisionsWe are also of the view that the action of your client does not fall within the ambit of the provisions of the Criminal Code dealing with crimes against humanity. [...] [6] Mr. Francoeur"s response noted that: "[w]e are also of the view that the action of your client does not fall within the ambit of the provisions of the Criminal Code dealing with crimes against humanity". [...] Procedural fairness requires open decision making. [16] In my view, the December 29, 1997 letter, when read together with the letter of September 29, 1997, adequately and fairly advised the applicant of the concerns of the Passport Office and the basis on which, after receiving the applicant"s submissions, it was decided to
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1,885.
Sheridan v. Canada (Minister of National Revenue) - 2000-02-28
Federal Court DecisionsMS. LEE: I think it would depend on what view you take of the matter, ..., but I believe there is not a lot of dispute about the facts and I think that we are dealing with a fairly narrow issue. [...] [11] This decision was based on a Fairness Package Recommendation Report written by Mr. Frank Metanchuk, an appeals officer with the Saskatoon Tax Services office, and dated August 6, 1998. [...] As the applicant noted, however, the Fairness Package Recommendation Report of Mr. Metanchuk does contain a reference to an ongoing ALP review as of March, 1995.
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1,886.
Public Service Alliance of Canada v. Canada (Attorney General) - 2018 FC 33 - 2018-01-15
Federal Court Decisions41 (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 [...] As to the alleged breach of procedural fairness, it is reviewable on a correctness standard. [...] C. Procedural Fairness [34] Given my conclusion above, it is unnecessary to reach a conclusion on this point.
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1,887.
Ugro v. The Queen - 2011 TCC 317 - 2011-06-27
Tax Court of Canada JudgmentsIn this case, Mr. Ugro had appealed to the Federal Court in connection with the Minister’s decision under the Fairness Legislation. [...] [90] As a result of this disagreement, the Applicant alleges bad faith, lack of procedural fairness, bias, errors of law, errors of fact and unreasonableness on the part of CRA, all of which have culminated in the second fairness Decision currently under review. [...] Paragraph 52 deals with onus with regard to computation of income. So I just want to look at that really briefly.
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1,888.
Beauchamp v. The Queen - 2008 TCC 420 - 2008-06-19
Tax Court of Canada Judgments(c) another person with whom the transferor was not dealing at arm's length, [...] A is the amount, if any, by which the fair market value of the property at that time exceeds the fair market value at that time of the consideration given by the transferee for the transfer of the property, and [...] According to his testimony, the Appellant felt uncomfortable dealing with Mr. Duhaime and had trouble finding out what was going on.
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1,889.
Dela Fuente v. Canada (Minister of Citizenship and Immigration) - 2005 FC 992 - 2005-07-15
Federal Court Decisions[19] The principle of legitimate expectations is part of procedural fairness. [...] [28] I now come to deal with Dave v. Canada (Minister of Citizenship and Immigration), 2005 FC 510; [2005] F.C.J. No. 686 (QL). [...] To paraphrase the French, it deals with the case "where the sponsor has become a permanent resident following an application to this effect...".
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1,890.
Madsen v. The Queen - 2004 TCC 511 - 2004-07-29
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 [...] [15] Before dealing with the submissions referred to above I must first comment upon the jurisdiction of the Tax Court of Canada.
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1,891.
Kim v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 40 - 2002-01-15
Federal Court DecisionsThe children are said to have never been on their own and not to be equipped to deal with this. [...] Therefore, the absence of an interview did not in this case constitute a breach of the duty of fairness. [...] In that circumstance it is not necessary for me to deal with the other issues raised by the applicants.
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1,892.
Panqueva v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 493 - 2001-05-16
Federal Court DecisionsYou went to a great deal of efforts trying to convince me that you were the person who had either operated, controlled or directed that business. [...] [16] With respect to the first concern, the visa officer noted in the refusal letter that "[y]ou went to a great deal of efforts trying to convince me that you were the person who had either operated, controlled or directed that business." [...] (ii) Did the visa officer deny Ms. Galvis Panqueva procedural fairness by failing to advise of and give her an opportunity to address the visa officer's concerns?
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1,893.
Moffett Estate v. Canada (Minister of National Revenue) - 2001 FCT 364 - 2001-04-19
Federal Court Decisions[1] The Estate of Edith V. Moffett and Gaye E. Moffett and Roslyn E. Butler, as Executrixes, (the "Applicants") seek judicial review of the decision made by Canada Customs and Revenue Agency Fairness Unit. [...] The purpose of this legislative provision is to allow Revenue Canada, Taxation, to administer the tax system more fairly, by allowing for the application of common sense in dealing with taxpayers who, because of personal misfortune or circumstances beyond their control, are unable to meet deadlines or comply with rules [...] In my view, in dealing with legislation of this nature, the courts should, wherever possible, avoid a narrow, technical construction, and endeavour to make effective the legislative intent as applied to the administrative scheme involved.
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1,894.
Lim v. The Queen - 2000-03-07
Tax Court of Canada JudgmentsHe explained that he had devoted a great deal of time to and made a number of trips for the business once it was incorporated. [...] Only if the goods or services constitute this "fair equivalent" can the company issue the shares as fully paid. . . . [...] [29] In the instant cases, we are dealing with one situation, that of Mr. Lecours, which is similar to that in Beck, supra, and another, that of Do Hee Lim, which is similar to that in Orlando, supra.
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1,895.
Caraan v. Canada (Public Safety and Emergency Preparedness) - 2013 FC 360 - 2013-04-10
Federal Court Decisions[37] The Respondent insists that the Applicant’s failure to deal with his outstanding criminal charge before the IAD’s ADR proceedings cannot be imputed on the Minister and that this was his responsibility. [...] Given the Court’s findings on the abuse of process and breach of procedural fairness claims, the IAD’s error is not fatal. [...] If persons are treated differently, it is not due to the interpretation of subsection 68(4) as limiting the jurisdiction of the IAD but rather, as in the case at bar, because of the Applicant’s failure to properly deal with his outstanding charges.
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1,896.
Serebryany v. M.N.R. - 1998-01-16
Tax Court of Canada JudgmentsThe reason given for the determination was that the employment in question was excepted from insurable employment because the appellant and the payor were not dealing at arm’s length, nor were they deemed to be dealing at arm's length. [...] If it is a substantially similar contract of employment Parliament has obviously considered it to be only fair that it should be included in the scheme. [...] [5] Section 61 of the Act deals with appeals to and determination of questions by the Minister.
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1,897.
Gunn v. Halifax Longshoremen’s Association, ILA Local 269 - 2020 FC 341 - 2020-03-06
Federal Court DecisionsIn this case, the Commission declined to deal with the matter because Mr. Gunn had earlier made the same allegations of discrimination against Local 269 to the Canada Industrial Relations Board (CIRB), where the complaint was dismissed on the merits. [...] Laying at the heart of that comparison is a concern for procedural fairness, and not whether the earlier decision-maker got it right or had the requisite expertise: see Figliola, above, at paras 49-53. [...] [17] I am satisfied that the Commission’s decision not to deal with Mr. Gunn’s complaint was fairly reached and substantively reasonable.
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1,898.
Rennie v. VIH Helicopters Ltd. - 2015 FCA 25 - 2015-01-29
Federal Court of Appeal DecisionsMr. Justice Zinn (the Judge) held that the adjudicator breached his duty of procedural fairness by failing to admit into evidence two affidavits that had been filed in court proceedings in British Columbia. [...] For the Judge, this legal error “ha[d] such a significant impact on the fairness of the proceeding that it resulted in a breach of natural justice” (ibidem at paragraph 20). [...] This comment is found in the section dealing with estoppel where the adjudicator concludes that “the [appellant] is not estopped by his words or conduct from asserting that he was an employee” (ibidem at paragraph 37).
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1,899.
Morales v. Canada (Citizenship and Immigration) - 2007 FC 1220 - 2007-11-26
Federal Court DecisionsWhether a tribunal's decision was made in breach of the duty of procedural fairness, including the requirement of impartiality, is determined by a reviewing court on a standard of correctness. [...] [14] Second, the evidence was that the Board had not consulted the legal community specializing in immigration and refugee law before issuing lead cases that would guide members in dealing with the increasing number of applications from Hungarian Roma claimants. [...] [22] It was up to the applicant to show how the lead cases had interfered with his right to procedural fairness.
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1,900.
Escalona Perez v. Canada (Minister of Citizenship and Immigration) - 2006 FC 1379 - 2006-11-15
Federal Court Decisions• The parents could expect a fair process of prosecution in respect of the outstanding warrant for their arrest; and [...] [15] Finally, the Applicants point out that the RPD found that the implementation of the Organic Criminal Procedures Code (COPP) negated the fears of the parents that they would not receive a fair trial upon returning to Venezuela. [...] However, that was not the case; the same state of implementation of the goals of the COPP (and the weaknesses) identified in the 2004 DOS Report dealing were contained – almost word for word – in the 2002 DOS Report considered by the RPD.