11,311 result(s)
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1,976.
Murphy v. The Queen - 2009 TCC 110 - 2009-02-18
Tax Court of Canada JudgmentsThis argument was not mentioned in the reply and there were no factual assumptions mentioned in the reply that deal with residence. [...] In regard to pleadings, procedural fairness should always be considered: Burton v. The Queen, 2006 FCA 67, 2006 DTC 6133. [...] [26] In this case, Ms. Murphy was at a significant disadvantage by the failure of the reply to properly deal with the relevant factual and legal issues.
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1,977.
Holmik v. Canada (Citizenship and Immigration) - 2008 FC 581 - 2008-05-07
Federal Court DecisionsThe Board considered evidence about Hungary’s attempt to deal with organized crime and corruption and noted the mixed success of those efforts. [...] We’re still dealing with state protection. There is some credibility concerns but I’ll leave those for you to explore -- particularly around – [...] Finally, I do not find that any breach of natural justice or procedural fairness occurred.
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1,978.
League for Human Rights of B’Nai Brith Canada v. Canada - 2008 FC 146 - 2008-02-04
Federal Court DecisionsAs such, there is no impediment to the Court exercising its discretion to deal with the matter on a preliminary motion. [...] Fourth, the B’Nai Brith asserts an interest stemming from the duty of fairness. [...] [19] B’Nai Brith also raises a fairness issue as to whether the Governor in Council is required to provide reasons.
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1,979.
3651541 Canada inc. v. Canada (Attorney General) - 2007 FC 1255 - 2007-11-30
Federal Court DecisionsHowever, on the basis of the Friedmanns’ health problems, the file was sent for consideration under the Fairness provisions of the Act. [...] In addition, the applicant takes issue with the Minister’s Delegate’s reliance on the fact that the Friedmanns had filed their personal income tax returns on time, and had retained a professional accountant to deal with their finances. [...] Mr. Friedmann’s ability to deal with other matters, including his ability to file other tax returns, and the possibility that another person could have prepared the returns in question, are relevant considerations in assessing whether it was his illness which prevented him from being able to file those returns.
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1,980.
Cottrell v. Chippewas of Rama Mnjikaning First Nation - 2007 FC 269 - 2007-03-08
Federal Court DecisionsThe Band invoked a provision in the lease dealing with physical and mental incapacity and which gave the Band the discretion to have the tenant placed in some other appropriate accommodation. [...] Sexton J.A.’s comment must be read in this context, most particularly that he was not dealing with a landlord-tenant situation on reserve lands. [...] [25] It is fair to say that the Band and at least some specific members do suffer some prejudice or at least inconvenience by virtue of this pending judicial review.
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1,981.
Jones v. Canada (Minister of Citizenship and Immigration) - 2006 FCA 279 - 2006-08-17
Federal Court of Appeal DecisionsRather, the Court exercises its discretion by asking whether, in all the circumstances of the given case, it can fairly dispose of the motion without the delay and additional expense of an oral hearing. [...] [16] I agree that the appellants had only one application for judicial review before the Federal Court, which the Court bifurcated in order to enable it to deal efficiently and fairly with the pressing problem caused by the large number of cases raising the same general legal issue about the propriety of an important and [...] [20] I am satisfied that the procedure creatively adopted by the Federal Court for dealing with multiple applications raising, among others, a single issue, does not result in any unfairness to the appellants.
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1,982.
Chen v. Canada (Minister of Citizenship and Immigration) - 2006 FC 389 - 2006-03-27
Federal Court Decisions[3] At the time that the proceedings were converted and consolidated by Justice Russell, the relief being sought by the applicants in the judicial review applications was fairly well defined and essentially declaratory in nature. [...] [5] Be that as it may, the Defendants have now moved for the particulars of the Plaintiffs' fairly voluminous pleading. [...] [8] When dealing with a motion involving the sufficiency of a pleading, the Court should bear in mind that the purpose of pleadings is to define the matters at issue between the parties.
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1,983.
Arias Garcia v. Canada (Minister of Citizenship and Immigration) - 2006 FC 310 - 2006-03-09
Federal Court DecisionsConsequently, procedural fairness does not require that these documents be disclosed before arriving at a decision. [...] [35] Further, the PRRA officer took into account the objective evidence on Mexico dealing with legal guarantees for women regarding the custody of their children and the existing machinery when a woman is the victim of domestic violence. [...] What we are dealing with is essentially findings of fact, not findings of law.
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1,984.
Budget Steel Ltd. v. FMW Towing Ltd. - 2004 FC 1140 - 2004-08-17
Federal Court DecisionsWhile the motion is late, after considering all the circumstances, including those bearing on fairness, common sense and the interest of all concerned that justice be done, it is appropriate that the passing ship, Zim Shenzhen and Devonshire Corporation be added as defendants as set out in the proposed amended statement of [...] [11] Scannar Industries Inc. v. Canada (Minister of National Revenue) (1993), 69 F.T.R. 310 (T.D.), which is a case parallel in reasoning to Mantel (supra) is instructive, although it also deals with amendments between the parties, not with adding parties. [...] Ultimately it boils down to a consideration of simple fairness, common sense and the interest that the courts have that justice be done.
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1,985.
Via Rail Canada Inc. v. Cairns - 2003 FCA 308 - 2003-07-18
Federal Court of Appeal Decisions(b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe; [...] If the Board is without jurisdiction to have made the decision under review, the fact there may be an ongoing process does not save the decision by precluding the Court from dealing with it. [...] The applicant has raised issues of the Board's jurisdiction and whether the Board breached its duty of procedural fairness or natural justice in making Decision No. 230.
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1,986.
Cleroux v. Canada (Attorney General) - 2001 FCT 342 - 2001-04-20
Federal Court Decisions(a) where there is another administrative procedure provided by or under any Act of Parliament to deal with the employee's specific complaints, such procedure must be followed, . . . [...] (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 [...] Similarly, the proper recourse for challenging the decision of the PSSRB or the fairness of the hearing is a judicial review application, not an action.
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1,987.
Suntharalingam v. Canada (Citizenship and Immigration) - 2015 FC 1025 - 2015-08-28
Federal Court Decisions[36] The respondent submits that the question of whether or not the officer should have convened an interview is a question of procedural fairness. [...] The Court must determine whether the process followed by the decision-maker achieved the level of fairness required in all of the circumstances (Khosa at paragraph 43). [...] [49] I wish to first deal with Issue 3. B. Issue 3 - Should the officer have convened an interview to address issues regarding the applicant’s credibility?
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1,988.
Jada Fishing Co. v. Canada (Minister of Fisheries and Oceans) - 2000-12-14
Federal Court Decisions[2] There is one application before me, one dealing with two quotas, one for groundfish and one for hake. [...] The PRLAB and the Minister have no particular expertise in procedural fairness while the Court does. [...] It is for the Court to decide whether the procedure followed by the PRLAB met the test of procedural fairness.
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1,989.
Abdulnour v. The Queen - 2013 TCC 34 - 2013-02-01
Tax Court of Canada JudgmentsThe appellants and Milad Abdulnour are obviously persons not dealing at arm’s length within the meaning of subsection 325(2) of the Act. [...] (c) another person with whom the transferor was not dealing at arm’s length, [...] [39] Who has the burden of establishing the fair market value of the consideration?
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1,990.
Millette v. Canada (Citizenship and Immigration) - 2012 FC 542 - 2012-05-04
Federal Court DecisionsBreach of Procedural Fairness [16] The Applicant argues that the Officer breached her right to procedural fairness when he relied extensively on the DOS Report without giving her an opportunity to comment on it. [...] In this case, the new evidence was not of sufficient importance or probative value that the duty of fairness required the PCDO to deal with it expressly in her reasons. [...] [41] As the Decision makes clear, the Officer was aware that the Applicant had been in Canada for over 15 years, and he specifically deals with the years since her failed refugee claim.
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1,991.
Utano v. Canada (Public Safety) - 2024 FC 805 - 2024-05-28
Federal Court Decisions[18] Given that the Applicants’ motion for injunctive relief is premised on the underlying application for judicial review, which the Respondent seeks to strike, it makes procedural sense to deal first with the Respondent’s motion. [...] I will deal with each in turn. (a) Are the PSFs final decisions? [43] The Applicants submit that the PSFs were intentionally designed to give the impression of conclusiveness, despite their label as preliminary. [...] [61] I agree with the Respondent that, in following the Federal Court of Appeal’s authoritative direction in C.B. Powell, allegations of procedural fairness do not amount to exceptional circumstances: C.B. Powell at para 33.
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1,992.
Canada (Minister of Citizenship and Immigration) v. Nyame - 2001 FCT 67 - 2001-02-14
Federal Court DecisionsAs these two cases deal with IAD decisions, the respondent submits that the jurisprudence referred to therein is equally applicable to this case. [...] (2) Sous réserve des paragraphes (3) à (5), peuvent faire appel devant la section d'appel d'une mesure de renvoi ou de renvoi conditionnel_: [...] I do not propose to deal with this issue as my rulings for Issues 1 and 2 dispose of this application.
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1,993.
Canada (Attorney General) v. Flynn - 2007 FCA 356 - 2007-11-06
Federal Court of Appeal Decisions[8] The respondent challenged the warden’s decision as a breach of the rules of procedural fairness. [...] Parameters of duty of procedural fairness under section 90 of Regulations [...] In the situation we are dealing with here, guilt was not what had to be confirmed, it was whether the information received from six different sources was sufficient to raise a valid concern and warrant the transfer.
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1,994.
McCartie v. The King - 2024 TCC 16 - 2024-02-06
Tax Court of Canada JudgmentsThere were at least four earlier decisions of the BC Court in the McCarties’ proceedings dealing with, among other things, the McCarties’ disclosure request for CRA’s notes and records, the McCarties’ asserting of their rights to fairness in their trial, and the issue of informer privilege. [...] b. CRA must proceed fairly and lawfully in its dealings with taxpayers, including those suspected of tax evasion. [...] The Tax Court deals with alleged detaxers’ tax and penalty obligations very often, relatively consistently and effectively, and in published decisions.
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1,995.
Gestion André Pomerleau Inc. v. The Queen - 2008 TCC 539 - 2008-10-20
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 [...] While evidence of intention may be used by the Courts on occasion to clarify dealings, it is rarely determinative.
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1,996.
Adams v. Canada (Citizenship and Immigration) - 2007 FC 529 - 2007-05-17
Federal Court Decisions[22] The final argument advanced on behalf of Ms. Adams is that the Board failed to examine the effectiveness of the available mechanisms for dealing with spousal abuse in St. Vincent and in Trinidad. [...] The proposed question would also not be determinative inasmuch as it deals with an issue that was not raised in the Applicant’s Application for Leave and Judicial Review or Application Record. [...] The Applicant’s proposed question is also not of general importance, because it deals with issues of well established law – namely, whether self-represented claimants are owed a greater duty of fairness in the assessment of their claims, or whether the onus on them to make out their claims is lessened by virtue of the fact
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1,997.
Invera Inc. v. The Queen - 2005 TCC 72 - 2005-01-20
Tax Court of Canada Judgmentsd) un service de mandataire de la personne ou un service consistant à faire passer des commandes pour des fournitures à effectuer par la personne ou à son profit, à obtenir de telles commandes ou à faire des démarches en vue d’en obtenir. [...] [16] Essentially this section deals with a certain type of instruction. [...] The simple fact of the matter is we are not dealing here with training in the rather rudimentary sense in which the auditor evidently envisaged it.
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1,998.
Migneault v. Canada (Attorney General) - 2003 FCT 245 - 2003-02-27
Federal Court Decisions(f) that offenders be provided with relevant information, reasons for decisions and access to the review of decisions in order to ensure a fair and understandable conditional release process. [...] [14] I stop here to note that, in the course of its duties, the NPB must analyze and assess a great deal of information dealing mainly with human and social facts. [...] [17] In the end, what the NPB concluded from this situation was that the applicant used drugs to deal with his financial difficulties.
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1,999.
Ganji v. Canada (Minister of Citizenship and Immigration) - 1997-08-29
Federal Court DecisionsWe will be dealing with the documents that was [sic] used to travel. We need to also deal with the destruction of the document which the claimant said that she destroyed on the airplane. [...] He put no objections on the record to the process that was unfolding and that was obviously causing the principal applicant, and likely Sara, a good deal of unrest. [...] In the absence of any evidence that the CRDD endeavoured to provide such an opportunity, I conclude that the CRDD breached its duty to the applicants to provide them with a fair hearing and in so doing committed a reviewable error.
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2,000.
Borisova v. Canada (Minister of citizenship and immigration) - 2003 FC 859 - 2003-07-10
Federal Court DecisionsI wish to emphasize that, like Justice Cumming, I make no implication or finding of impropriety on the part of the Respondent in his dealings with members of the putative class, to date. [...] 14. This announcement did not allay the fairness and equity concerns of the Parliamentarians on the Committee. [...] 4.for fairness and equity the government should increase resources dedicated to processing the applications.