11,311 result(s)
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1,951.
Arunachalam v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 997 - 2001-09-06
Federal Court DecisionsI deal with these issues in turn. Evidence concerning consideration of claim prior to referral to CRDD panel [...] Moreover, the claimant already having forgotten a crucial response which deals with the centrality of his alleged persecution leads the panel to believe that the translator had interpreted the issue correctly. [...] The work of the panel is, in some respects, judicial, and it is subject to review on issues of fairness and of law.
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1,952.
Harms v. Canada (Deputy Commissioner, Correctional Service, Pacific Region) - 2000-10-23
Federal Court DecisionsThe present decision will deal with both applications since the factual backgrounds and the impugned decisions are virtually identical. [...] It cannot be demonstrated that it was a decision arrived at fairly because the factual underpinnings of that allegation have not been revealed. [...] Mr. Petrovic has also received serious disciplinary convictions at Mission for Poss./Deals In Contraband on 98.12.17 when 5 gallons of brew were found in his cell, resulting in punitive dissociation for 10 days and a $10 fine.
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1,953.
Sherman v. The Queen - 2008 TCC 487 - 2008-09-05
Tax Court of Canada JudgmentsWhile initially it requested a return of the overpayment, it subsequently left the matter for the employer to deal with. [...] [13] To support the assertion that the Appellant is indebted to Her Majesty in right of Canada, the Respondent relies on section 38 of the FAA dealing with the recovery of accountable advances and on section 90 of the Workplace Safety and Insurance Act (“WSIA”) dealing with Schedule 2 employers. [...] In applying any agency type principles to this statutory regime, in my view, requires importing some fairly obvious implied terms as are necessary to make the system work.
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1,954.
Daishowa-Marubeni International Ltd. v. Canada - 2011 FCA 267 - 2011-09-23
Federal Court of Appeal Decisions[42] As I indicated earlier, the Judge’s Reasons deal exclusively with the sale of High Level to Tolko. [...] The following analysis will therefore deal with the Judge’s findings in regard to that sale. [...] The respondent also took the position that the appellant’s proceeds of disposition would include the fair market value of the assumed obligations (Respondent’s Tax Court Reply, para. 20), although it did not directly quantify that fair market value.
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1,955.
Wreggitt v. Canada (Attorney General) - 2007 FC 1223 - 2007-11-21
Federal Court Decisions• the selection board was to ensure that the re-assessment was fair and transparent; [...] a. Was the re-assessment fair and transparent? b. Was the re-assessment based on accurate and complete information? [...] At most, she had expressed some frustration at having to deal with the consequences of Mr. Wreggitt’s contacts with people outside of his institution.
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1,956.
Doucet v. Byers Transportation System Inc. - 2005 FC 786 - 2005-06-01
Federal Court DecisionsOn questions of procedural fairness or the duty of fairness, including the provision or sufficiency of reasons, the issue of the applicable standard of review does not apply. [...] 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. [...] [57] I need not deal with the other issues raised by the applicant. [58] The applicant shall have her costs of the application.
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1,957.
Wiffen Financial Services Inc. v. M.N.R. - 2003 TCC 780 - 2003-11-16
Tax Court of Canada Judgmentsbe fairly contended that, where depreciable assets were sold by a taxpayer to an entity wholly controlled by him or by a corporation controlled by the taxpayer to another corporation controlled by him, the taxpayer as the controlling shareholder dictating the terms of the bargain, the parties were dealing with each [...] A distinction is to be drawn between such dealings and dealings between the two in which Brecknell is acting in a different capacity such as director or shareholder. [...] If they are not dealing with each other at arm's length the employment is not insurable.
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1,958.
Rhéaume v. Canada (Attorney General) - 2009 FC 1273 - 2009-12-16
Federal Court Decisions(i) a provision of a statute, or of a regulation, by‑law, direction or other instrument made or issued by the employer, dealing with terms and conditions of employment, or [...] peuvent, dans les cas où l’un ou l’autre cherche à faire exécuter une obligation qui, selon lui, découlerait de cette convention ou décision, renvoyer l’affaire à la Commission, dans les formes réglementaires, sauf s’il s’agit d’une obligation dont l’exécution peut faire l’objet d’un grief de la part d’un fonctionnaire de [...] Since the respondent did not appeal the Prothonotary’s decision in a timely manner, there is no need to deal with this application any further.
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1,959.
Berg v. The Queen - 2012 TCC 406 - 2012-11-19
Tax Court of Canada JudgmentsHowever, the amount shown on the 2002 Receipt was not the fair market value of the 2002 Timeshare Units. [...] ii) the amounts shown on the Tax Donation Receipts were not the fair market value of the Timeshare Units; or [...] 25 It is unnecessary for me to deal at any greater length with the donor.
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1,960.
Bell Canada v. Canadian Radio-Television and Telecommunications Commission - 2008 FCA 91 - 2008-03-07
Federal Court of Appeal Decisions[30] In the discussion below, I deal first with the Consumers appeal, and then with the Bell Canada appeal. [...] The duty of the Board was to fix fair and reasonable rates; rates which, under the circumstances, would be fair to the consumer on the one hand, and which, on the other hand, would secure to the company a fair return for the capital invested. [...] [51] Bell Canada (1989) does not deal with the situation that arose in this case.
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1,961.
Cartwright v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 792 - 2003-06-26
Federal Court DecisionsFirst, he argues that the IAD violated a principle of procedural fairness. [...] Relying on five factors set out in Baker for the determination of the content and scope of procedural fairness, the Applicant says that a high degree of procedural fairness should be applied in his case. [...] [63] Subsection 64(2) deals with the definition of serious criminality in the context of curtailing appeal rights.
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1,962.
Lopez v. The Bank of Nova Scotia - 2024 FC 1372 - 2024-09-04
Federal Court DecisionsThis ongoing procedural battle deepened Ms. Lopez’s concerns about the fairness of the process. [...] I will deal below with the complainant's argument that her compensation in respect of any subsequent termination of employment would have been less than she had been entitled to previously. [...] [43] However, we are not dealing with the admissibility of the Settlement Offer in a court record or a settlement marked “without prejudice”.
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1,963.
Esquega v. Canada (Attorney General) - 2007 FC 878 - 2007-08-31
Federal Court DecisionsI will deal with this issue first. [45] Issue 4 Is the application for judicial review moot? [...] The Court, however, declined to deal with the issue of fetal rights under s. 7 of the Charter and stated, at pp. 571-72: [...] [66] I propose to now deal with Issues 2 and 3 raised by the applicants.
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1,964.
Tran v. Canada (Citizenship and Immigration) - 2020 FC 215 - 2020-02-06
Federal Court DecisionsThe original motion was brought pursuant to Rule 152 of the Federal Courts Rules, SOR/98-106 [the Rules], which deals with confidential material, and it was proposed that it be dealt with in writing. [...] On the procedural fairness issue, the Respondent submitted that the Court and the parties had all of the necessary material to conduct a meaningful judicial review and the Applicant was not denied a fair hearing because of the lack of disclosure of this material. [...] There was an exchange of correspondence, and a pre-hearing teleconference was convened by the Court to deal with the manner of proceeding.
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1,965.
GDC Gatineau Development Corporation v. Canada (Public Works and Government Services) - 2009 FC 1295 - 2009-12-21
Federal Court DecisionsChief Justice Lutfy was dealing with an apparently early motion for a stay brought by the Crown as a respondent where the applicant wished to prosecute both proceedings simultaneously. [...] The cancellation and re-issuance of a solicitation is a serious matter involving fairness to suppliers and fair value to taxpayers. [...] That possibility is recognized in some of the policy guidelines which deal with federal government tendering practises, but it is not expressed in imperative language.
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1,966.
Cabanons Marcel Vezina Inc. v. M.N.R. - 2003 TCC 231 - 2003-04-17
Tax Court of Canada Judgments[...] (i) employment if the employer and employee are not dealing with each other at arm’s length. [...] (a) related persons shall be deemed not to deal with each other at arm’s length; and [...] In exercising their respective responsibilities, the Théorêt brothers had a fair degree of independence and managed their own areas of activity quite freely.
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1,967.
Canadian Society of Immigration Consultants v. Canada (Citizenship and Immigration) - 2011 FC 1435 - 2011-12-08
Federal Court Decisions[...] During any transitional period CIC may have to deal with the following issues in order to avoid disruption in the operations of the regulator: [...] The transitional provision in section 6 of Bill C-35 also deals with this issue. [...] The new section 91(7) in Bill C-35 would appear to deal with this issue.
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1,968.
Information Communication Services (ICS) v. M.N.R. - 1999-01-05
Tax Court of Canada JudgmentsBasically the file is assigned to me, so that anything that occurs with the file, I would deal with. [...] 193. Q. And I think it's fairly clear from the result of that audit, as I recall, that there were no deductions, correct? [...] There was no manual, policy or written procedures in use by ICS to deal with brokers as the communication was verbal.
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1,969.
MacAdam v. The Queen - 2006 TCC 254 - 2006-05-05
Tax Court of Canada JudgmentsHis recollection is that he spoke with the Appellant and informed him of the fairness doctrine that was being put forth by the government of the day in which persons were allowed a form of amnesty if they came forward and restated their tax returns and this was to give an element of fairness to taxpayers in difficulty in [...] In view of my findings of fact that there is no evidence whatsoever to support the Appellant's claim, I do not find it necessary to deal with issue estoppel. [...] I do not therefore find it necessary to deal with the arithmetic but if a difficulty should arise I may be spoken to.
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1,970.
Canada (Minister of Citizenship and Immigration) v. Fast - 2002 FCT 269 - 2002-03-11
Federal Court Decisions[8] Dealing with the primary objection first, the issue of faulty identification arose in R. v. Miaponoose (1996), 110 C.C.C. (3d) 445. [...] Rule 228 of the Federal Court Rules, 1998, deals with the inspection of disclosed documents and the taking of copies of those documents: [...] [19] In the end result, the overriding issue is fairness to the defendant.
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1,971.
A.B. v. Canada (Citizenship and Immigration) - 2019 FC 165 - 2019-02-08
Federal Court DecisionsI will deal with the appropriate standard of review in the analysis of each issue. [...] [54] A court assessing a procedural fairness argument is required to ask whether the procedure was fair having regard to all of the circumstances, including the Baker factors. [...] As the Officer observed, the police cannot be faulted for failing to deal with these events as related to the cartels, when the Applicant never stated this as a concern.
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1,972.
North Vancouver Airlines Ltd. v. Canada (Minister of National Revenue) - 2006 FC 531 - 2006-04-27
Federal Court Decisions"Having reviewed the audit and appeals activities I find no unreasonable amount of time spent in dealing with the audit, the appeals process or previous fairness reviews. [...] [17] By way of background I reproduce section 6 to 9 of the Fairness Guidelines: [...] He states only the interest and penalties have been held in escrow pending the results of the fairness application.
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1,973.
Ruckpaul v. Canada (Minister of Citizenship and Immigration) - 2004 FC 149 - 2004-01-30
Federal Court Decisions[5] Her counsel argues she was denied procedural fairness in the handling of her complaint for the following reasons: [...] In determining the degree of thoroughness of investigation required to be in accordance with the rules of procedural fairness, Justice Nadon noted the interests to be balanced, the parties interest in procedural fairness and the Commission's interest in maintaining a workable and administratively effective system. [...] [74] Given the conclusion I have reached I need not deal with the section 32(2) issue.
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1,974.
Ottawa (City) v. Hassan - 2017 FC 583 - 2017-06-13
Federal Court Decisions[5] In 2014, a preliminary report recommended that the Commission deal with the complaint. [...] He freely committed to have the arbitrator deal with any issues arising from the Minutes. [...] 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
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1,975.
Badawy v. Igras - 2019 FCA 153 - 2019-05-21
Federal Court of Appeal DecisionsHe also briefly explained why, in his view, there was an apprehension of bias and a breach of procedural fairness by the Federal Court. [...] It simply could not have any effect on the Federal Court’s jurisdiction to deal with the motion for summary judgment. [...] There is also no basis to find that the Federal Court breached procedural fairness.