11,309 result(s)
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176.
Deschênes v. Canada (Attorney General) - 2009 FC 1126 - 2009-11-04
Federal Court Decisions[3] The applicant, who is representing himself, is now criticizing the Commission for having made an unreasonable decision and for having breached procedural fairness by refusing to deal with the complaint in question. [...] [27] The allegation that a principle of procedural fairness had been breached must also be dismissed. [...] That said, it was reasonable for the Commission to not deal with the complaint.
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177.
Parmar v. Canada (Citizenship and Immigration) - 2010 FC 723 - 2010-07-02
Federal Court Decisions[1] This is a case of medical inadmissibility to Canada, on grounds of excessive demand for social services and does not deal with excessive demand for health services. [...] It will not be necessary for me to deal with all of the submissions put forward by counsel for the applicant except for two grounds which are determinative: (1) a breach of procedural fairness in failing to provide adequate reasons and (2) unreasonable findings of fact in terms of ability and willingness of the applicant to [...] (4) The M.O. shall examine forthwith Mr. Parmar’s fairness response in compliance with recent jurisprudence and, in compliance with the requirements of procedural fairness, shall assess whether and in what means Mr. Parmar’s fairness response impacted on the information identified in the fairness letter necessarily provided
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178.
Mullings v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 607 - 2001-06-07
Federal Court Decisions[12] The applicant relies on the decision of the Supreme Court of Canada in Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817, where L'Heureux-Dubé J. commented on the duty of procedural fairness of an immigration officer dealing with applications pursuant to subsection 114(2) of the Immigration [...] The Lorenz notes, a two page type written document, deals in some detail with the case history of Mavis Pauline Baker from her entry in Canada on August 8, 1981, and comes to these conclusions: [...] [...] The Gautier memorandum is a substantial eight page document dealing with issues, background, considerations and recommendation.
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179.
Dipersio v. M.N.R. - 1999-06-09
Tax Court of Canada Judgments(a) related persons shall be deemed not to deal with each other at arm's length; and [...] "...Every enactment is deemed remedial, and shall be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objects." [...] On behalf of the appellant stress was also laid on the admitted fact that the consideration flowing from Orchan represented fair market value.
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180.
Kalia v. The Queen - 2002-02-14
Tax Court of Canada Judgments[8] I do not know whether the Minister has any right to deal with a fairness submission with respect to anomalies such as this. [...] MS. CASTLE: I don't believe that this is a circumstance that the Fairness Committee can deal with. [...] MS. CASTLE: I don't believe that this is the kind of circumstance that the Fairness Committee can deal with.
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181.
Homer v. The Queen - 2009 TCC 219 - 2009-05-21
Tax Court of Canada Judgments7. At the time of the acquisition, the fair market value of the Homer Property was $13,300.00. [...] [2] The fair market value (FMV) of the land (the Leland property) in the Evelyn Leland appeal is in dispute. [...] If there was, were the transferor and the transferees dealing with each other at arm's length, and if they were not, what is the fair market value of the Leland property?
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182.
Gallant v. Canada (Attorney General) - 2011 FC 537 - 2011-05-10
Federal Court Decisions[3] The Commissioner addressed two grievances dealing with the same issue as per paragraph 46 of the Offender Complaints and Grievances (Directive 081). [...] [12] The Respondent argues that the Applicant was afforded procedural fairness as he was provided with reasons for the delays. [...] The Respondent states that CSC followed paragraph 41 of Directive 081 and that there was no breach of procedural fairness.
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183.
Kollar v. Canadian Imperial Bank of Commerce - 2002 FCT 848 - 2002-08-09
Federal Court DecisionsThe investigation report does not deal with this evidence. Was the evidence not accepted? [...] In my opinion, the investigation report did not deal with this evidence and consequently, the investigation report did not deal with the applicant's first part of her complaint which was that the respondent failed to supply her with an harassment free work place. [...] [42] Because of my finding, it is not necessary to deal with the other issues raised by this application.
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184.
BCE Inc. v. Québecor Média Inc. - 2022 FCA 152 - 2022-09-07
Federal Court of Appeal Decisions[7] Sections 12 to 15 of the Regulations deal with dispute resolution. [...] Similarly, the Wholesale Code deals with the factors which assist in the determination of the fair market value of a service. [...] [76] It is apparent from the decisions themselves and the context in which they were made that they deal with two different questions.
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185.
Collins v. Canada - 2010 FCA 128 - 2010-05-19
Federal Court of Appeal DecisionsTherefore, there is no basis for concluding that the transcript is required to deal with those grounds of appeal. [...] [11] The first, second, fifth and sixth grounds of appeal purport to raise issues of procedural fairness. [...] I cannot see how the transcript would be of assistance to the Court in dealing with this ground of appeal.
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186.
Ross v. Canada (Justice) - 2014 FC 338 - 2014-04-07
Federal Court DecisionsIn light of this, I consider that the issue of procedural fairness arising from the non-production of the Final Investigative Report is now moot and do not propose to deal with it further. [...] These included the Manitoba Securities Commission Settlement Agreements and the Assignment Deal. [...] The undisclosed Assignment Deal would have provided a basis to question the credibility of the investors in general and that of Mr. Simpson in particular.
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187.
Davidson v. Canada (Attorney General) - 2019 FC 997 - 2019-07-25
Federal Court DecisionsWhen dealing with a judicial review, it is not just a matter of requesting the disclosure of any document that could be relevant in the hopes of later establishing relevance. [...] However, and with respect, the Supreme Court of Canada was not dealing with an issue of procedural fairness as is now before this Court; it was dealing with the role of the court’s intervention into an administrative proceeding at a preliminary stage. [...] [49] Given my finding of procedural unfairness, I need not deal with the other substantive issues raised by the Applicant
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188.
Girouard v. Canada (Attorney General) - 2006 FCA 209 - 2006-06-08
Federal Court of Appeal DecisionsHis memorandum of fact and law is well articulated and thoroughly documented and deals with all his claims, even though the issues in this appeal are much more limited. [...] A study of the decision subsequent to the application for reconsideration shows that it deals with and ruled on the appellant’s allegations. [...] In all fairness, a new review was also requested and obtained from the second classification committee, which specifically examined some of the appellant’s allegations.
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189.
Dios v. Canada (Citizenship and Immigration) - 2008 FC 1322 - 2008-11-26
Federal Court DecisionsThey simply failed to deal with the problem and acted as though it did not exist. [...] [70] Consequently, there is no breach of procedural fairness on this case. [...] The allegations are well-known by the Applicants and they have had every opportunity to deal with them.
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190.
Dreger v. The Queen - 2020 TCC 25 - 2020-02-10
Tax Court of Canada Judgments(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 [...] It also deems a taxpayer and certain trusts not to deal at arm’s length. [...] A person with whom the transferor was not dealing at arm’s length. • 4) The fair market value of the property transferred must exceed the fair market value of the consideration given by the transferee.
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191.
Burlacu v. Canada (Attorney General) - 2021 FC 339 - 2021-04-19
Federal Court Decisions(i) a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment, or [...] This is a fundamental right of procedural fairness: see Oleynik v Canada (Attorney General), 2020 FCA 5 at para 54. [...] He did not name Mr. Cloutier as a respondent in his complaint, nor did he raise any concerns at the time about him dealing with the complaint.
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192.
Konesavarathan v. University of Guelph Radio - 2018 FC 1217 - 2018-12-04
Federal Court DecisionsA. Did the Commission violate the Applicant’s right to procedural fairness by: [...] A. Did the Commission violate the Applicant’s right to procedural fairness? [...] There has never been any serious challenge to the Commission’s jurisdiction to deal with the case.
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193.
Michelin v. Caw - 1996-12-19
Federal Court Decisions.... (a.1) any fair dealing with any work for the purposes of criticism, review or newspaper summary, if [...] Second, "fair use" in the American system is not equivalent to "fair dealing" in Canada. [...] In addition, the Defendants did not treat the original work in a fair manner, a further requirement of the "fair dealing" exception.
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194.
Salmon v. Canada (Attorney General) - 2014 FC 1098 - 2014-11-20
Federal Court Decisions[27] Questions of procedural fairness are reviewable on a standard of correctness. [...] Was there a breach of procedural fairness? The applicant’s position [...] [15] Moreover, both the purpose of the Act and the nature of the question deal with protecting the public by preventing acts of unlawful interference in civil aviation.
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195.
Olsen v. The Queen - 2000-05-17
Tax Court of Canada Judgments9. The fair market value of the Leader shares sold to the Children's Companies was the Stated Purchase Price listed in paragraph 4. [...] 10. The fair market value of the notes payable to the Appellant by each of Pacific, Cornerstone, Viking and Viking West at the respective dates of issue if sold to an independent arms-length purchaser aggregated $423,226.00 being $250,084.00 less than the face amount of the notes and the fair market value of the shares sold [...] than ten percent (10%) of the issued shares of Leader having full voting rights under all circumstances and at no time did any one of Pacific, Cornerstone, Viking or Viking West own shares of Leader having a fair market value of more than ten percent (10%) of the fair market value of all of the issued shares of Leader.
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196.
Ip v. Canada (Minister of Citizenship and Immigration) - 2000-02-02
Federal Court DecisionsThere is no question that another Minister would have to act in her stead in a second opinion dealing with the same applicant. [...] [30] The Gautier memorandum is a substantial eight page document dealing with issues, background, considerations and recommendation. [...] Does the duty of procedural fairness require the provision of written reasons for a Minister"s opinion under subsection 70(5) of the Immigration Act ?
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197.
Sweetgrass First Nation v. Gollan - 2006 FC 778 - 2006-06-20
Federal Court Decisions[25] The Sparvier decision, above, offers considerable guidance for dealing with the kinds of issues raised in the case at bar. [...] To the extent that this Court has jurisdiction, the principles of natural justice and procedural fairness are to be applied. [...] Administrative boards that deal with matters of policy will be closely comparable to the boards composed of municipal councillors.
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198.
Chutka v. Canada - 2000-12-22
Federal Court of Appeal DecisionsIt deals with "a taxpayer who is a member of a partnership". That includes an individual or corporation. [...] (a) where a taxpayer has acquired anything from a person with whom the taxpayer was not dealing at arm's length at an amount in excess of the fair market value thereof at the time the taxpayer so acquired it, the taxpayer shall be deemed to have acquired it at that fair market value; [...] (a) related persons shall be deemed not to deal with each other at arm's length;
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199.
Democracy Watch v. Canada (Attorney General) - 2018 FC 1291 - 2018-12-19
Federal Court Decisions(c) dealing with the matter would serve no useful purpose because of the length of time that has elapsed since the matter arose; or [...] (d) there is any other valid reason for not dealing with the matter. [...] I note here that the Respondent deals with justiciability both in the context of standing and as a standalone issue.
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200.
Braceland v. Revenue Canada Fairness Group Appeals - 1999-03-31
Federal Court DecisionsBraceland v. Revenue Canada Fairness Group Appeals, Braceland c. Revenue Canada Fairness Group Appeals, T-4-98 [...] REVENUE CANADA FAIRNESS GROUP APPEALS Respondent REASONS FOR ORDER [...] - Points #1, #2 & #4 - These comments all deal with taxation year prior to 1994.