11,311 result(s)
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2,026.
Munir v. Canada (Citizenship and Immigration) - 2012 FC 645 - 2012-05-25
Federal Court DecisionsI will deal with these two arguments in the following paragraphs. VI. Analysis [...] (A) Procedural fairness [14] It is settled law that any issue raising principles of procedural fairness is subject to the correctness standard of review (CUPE v Ontario (Labour Minister), 2003 SCC 29, [2003] 1 SCR 539; Canada (Attorney General) v Sketchley, 2005 FCA 404, at paragraph 53, 263 DLR (4th) 113). [...] a) faire des observations sur la fiabilité et l’utilisation du renseignement ou de l’opinion;
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2,027.
Les Viandes du Breton Inc. v. Canada (Canadian Food Inspection Agency) - 2006 FC 1075 - 2006-09-08
Federal Court Decisions(2) Did the respondent fail in its duty to give reasons, and so to observe procedural fairness, in its decision dated November 8, 2005? [...] The Court is satisfied that the three plant inspection reports dealing with the applicant’s abattoirs were clearly covered by this access application. [...] [24] For the reasons mentioned above, the duty to provide reasons was met and there was thus no breach of procedural fairness by the respondent.
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2,028.
Paquet c. La Reine - 2003 TCC 804 - 2003-11-12
Tax Court of Canada JudgmentsThe Act was neither fair nor reasonable; the civil servants had ill advised her; the Association professionnelle des constructeurs en habitation du Québec ("A.P.C.H.Q.") was unreliable; the accountants were wrong; and the auditor had been impolite and invasive, even rude in dealing with her. [...] · The fair market value of the buildings that were assessed is not at issue. [...] [16] It has been frequently held that fairness and equity have nothing to do with tax law.
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2,029.
Defence Construction Canada v. Ucanu Manufacturing Corp. - 2017 FCA 133 - 2017-06-22
Federal Court of Appeal DecisionsNone of them deal with it comprehensively and definitively. The point remains completely open in this Court. [...] One says that courts should only deal with issues that are necessary for the disposition of the case. [...] To find “on the facts” or because of “fairness” that the mandatory exemption was asserted too late in this case is to take a blind stab in the dark in a high-stakes, uncertain area of law.
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2,030.
E. Mishan & Sons, Inc. v. Supertek Canada Inc. - 2016 FC 986 - 2016-08-30
Federal Court Decisions[26] At various points in her testimony Janny Ng referred to these dealings with Emson as being stressful. [...] Q. Fair enough. Do you recall -- or were you involved in any sort of discussion regarding the outcome of the litigation? [...] Q. Once Canadian Tire gets an indemnification from their supplier, the issue of the litigation, if they're not sued themselves, isn't the reason why they're making their buying decisions, is that fair?
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2,031.
Sugnanam v. The Queen - 2013 TCC 189 - 2013-07-05
Tax Court of Canada Judgments[41] I will first deal with the expenses relating to the Calgary property. [...] Fair Market Rental Value (POU) $5,400.00 $5,400.00 Less Rent Paid [...] At the hearing, Mr. Sugnanam did not question the fair market monthly rental value established by the Minister.
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2,032.
Macaulay v. Canada (Citizenship and Immigration) - 2022 FC 1458 - 2022-10-25
Federal Court DecisionsThe Applicant further submits that the Officer erred and breached the Applicant’s right to procedural fairness in conducting extrinsic research without disclosing the findings to the Applicant and giving her an opportunity to respond. [...] The Officer noted that the purpose of H&C considerations under section 25 of IRPA is to deal with exceptional situations, and differences in the financial and social environments between Canada and Nigeria did not constitute an exceptional ground. [...] [29] I do not agree with the Applicant that the Officer breached procedural fairness by looking to extrinsic evidence and conducting independent research into SCD in Nigeria.
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2,033.
Thavachchelvam v. Canada (Citizenship and Immigration) - 2013 FC 83 - 2013-01-28
Federal Court Decisions[13] For ease of convenience, I will deal separately with the allegation of bias or breach of procedural fairness, which is directly related to the questioning of the tribunal member who wanted to know if the applicant was suspected of being a LTTE supporter. [...] [22] As the allegation against the tribunal member deals with bias or procedural fairness, it will be measured against a standard of correctness and upon a close examination of the transcripts of the hearing. [...] [31] In conclusion, there is no reasonable apprehension of bias or breach of procedural fairness on the part of the tribunal member who decided the claim.
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2,034.
Kaleja v. Canada (Citizenship and Immigration) - 2010 FC 252 - 2010-03-04
Federal Court DecisionsAs long as a refugee claimant is afforded a fair hearing, the Court should not intervene. [...] [20] I wish to deal first with Issue 3. [21] Issue 3 Was the Board’s conclusion that the applicants did not have a well-founded fear of persecution reasonable? [...] [27] Because of my finding on Issue 3, I need not deal with the other issue.
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2,035.
Canada (Citizenship and Immigration) v. Liang - 2009 FC 955 - 2009-09-23
Federal Court Decisions[11] In regards to the credibility issue, the Minister adds that the absence of a transcript prevents the Court from dealing adequately with the matter, thus warranting in this case a new hearing. [...] The tribunal notes that there are numerous contradictions and a fair number of unresolved inconsistencies in this case as noted hereinabove. [...] These principles ensure the fairness of the administrative decision making process while recognizing the need for flexibility in applying these concepts in the administrative context.
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2,036.
Canada (Attorney General) v. Webster - 2003 FCA 388 - 2003-10-21
Federal Court of Appeal Decisions[11] The jurisdiction of the Tax Court includes the authority to deal with disputes relating to pre-trial discoveries. [...] The Federal Court is in the process of dealing with a dispute under Rule 318 as to the documents the Crown is required to disclosure in the judicial review proceeding. [...] [20] Counsel for Mr. Webster argued that if the Federal Court is not permitted to consider Mr. Webster's application for judicial review, he will have been deprived of a fair hearing of his objection.
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2,037.
Sandhu v. The Queen - 1998-05-08
Tax Court of Canada JudgmentsHe stated that assets were transferred to Bagel by the Appellants at fair market value and accordingly no benefit could arise. [...] He did not deal with the possibility of a transfer in 1989. ANALYSIS AND CONCLUSION: [...] Appellant's evidence deals with all relevant times requiring examination.
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2,038.
Beno v. Letourneau - 1997-07-03
Federal Court DecisionsThe argument was that the three phases are so linked in the minds of the public that the Commission cannot fairly divide its findings of misconduct into discrete and autonomous packages. [...] Teitelbaum J. concluded that BGen Beno (and the other applicants) were not denied procedural fairness merely because they were not permitted to call every proposed witness on their list. [...] The applicant relies on a decision of the Ontario Court of Appeal Re Nelles et al. and Grange5 dealing with a Royal Commission of Inquiry into deaths of children at a public hospital.
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2,039.
Quintero Pacheco v. Canada (Citizenship and Immigration) - 2010 FC 347 - 2010-03-30
Federal Court Decisions[2] At the hearing, the applicant stated he would be dealing with Court file IMM-1267-09 as the success of Court file IMM-1266-09 depended on the success of Court file IMM-1267-09. [...] 2. Was the hearing fair? 3. Was the visa officer’s decision unreasonable? [...] Was the hearing fair? I have come to the conclusion that the applicant was given a fair hearing.
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2,040.
DEML Investments Limited v. The King - 2024 TCC 27 - 2024-03-11
Tax Court of Canada JudgmentsAt that time, the fair market value of the shares of 137 was $55,068,750; [...] This distribution reduced the Appellant’s ACB of its DERP2 partnership interest by the said fair market value (from $50,688,431 to $(8,675,032)).[3] The Appellant’s CCOGPE balance was increased by the fair market value of the PNG rights;[4] [...] As said, this is tax planning to do indirectly what cannot be done directly, and GAAR exists to deal with such situations.
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2,041.
Canada (Judicial Council) v. Girouard - 2019 FCA 148 - 2019-05-16
Federal Court of Appeal Decisions[22] Before dealing with the merits, there are two preliminary issues to examine. [...] In the words of the judge, we are dealing with “members of a single collectivity who, acting together as an institution, submit a report and conclusions. [...] [102] In other words, for the removal of a judge to be valid, the judge must have had the benefit of a fair hearing.
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2,042.
Sheck v. The Queen - 2018 TCC 125 - 2018-06-29
Tax Court of Canada Judgments[2] Subsections 325(1) and (2) of the Act, which deal with such transfers, provide: [...] (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
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2,043.
Bygrave v. Canada - 2017 FCA 124 - 2017-06-12
Federal Court of Appeal Decisions[3] At this point the bookkeeper who had been assisting Mr. Bygrave referred him to a chartered accountant who apparently told him that he had the skills to assist him in dealing with his income tax problem. [...] (ii) compte tenu des raisons indiquées dans la demande et des circonstances de l’espèce, il est juste et équitable de faire droit à la demande, [...] While reliance on professional advisers may be a relevant consideration, this is not a case of taxpayer inactivity in reliance on the mistaken belief that their professional advisers are dealing with the appeal.
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2,044.
Hafizy v. The Queen - 2012 TCC 56 - 2012-02-16
Tax Court of Canada JudgmentsI also believe Ms. Honari’s evidence that she and Ms. Tacanay find him to be a respectful and fair person and that they enjoy a good working relationship with him. [...] Their practice of dealing in cash and not keeping records left too many gaps and unanswered questions in their evidence. [...] [11] Considered against this backdrop, it seems to me that the concessions presented by the Minister at the hearing are more than fair.
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2,045.
Anglehart Sr. v. Canada - 2011 FC 825 - 2011-07-06
Federal Court DecisionsOne must look at what is reasonable and fair under the circumstances: Smith, Kline & French Ltd. v. A.-G. Can., per Addy J. at p. 109. [...] Grenier would deny the provincial superior courts the jurisdiction to deal with that central issue in a damages claim pending before them. [...] ... [6] ...The Federal Courts Act does not, by clear and direct statutory language, oust the jurisdiction of the provincial superior courts to deal with these common law and equitable claims, including the potential “unlawfulness” of government orders ...
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2,046.
Canada (Justice) v. Blank - 2007 FCA 147 - 2007-04-12
Federal Court of Appeal Decisions[20] Mr. Blank's final argument is an argument about procedural fairness. [...] [21] Mr. Blank acknowledges that he is not entitled to see the disputed documents but claims that the failure of O'Keefe J. to order the disclosure of the Confidential Exhibits resulted in a breach of his right to procedural fairness. [...] Mr. Rupar: Well, you will note to start – well first of all, this is a new argument that I have to deal with that Mr. Blank is not – has decided to raise at this point, as opposed to dealing with it properly through written representations, but ...
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2,047.
Sorokin v. Canada (Minister of Citizenship and Immigration) - 2006 FC 368 - 2006-03-21
Federal Court Decisions[15] The Applicants say that this criticism by the Minister creates a reasonable apprehension that the Board in this case would not fairly consider their evidence that Israel commits crimes against humanity in its dealings with the Palestinian People for fear of censure by the Minister. [...] [16] I have concluded that the issue of bias need not be addressed because the Decision did not deal with whether the Israeli army (the "Army") had committed crimes against humanity. [...] The first appears to have been posted on a website and deals with death threats made to a lecturing Rabbi, the second is a newspaper article which makes no reference to persecution of couples of mixed religion.
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2,048.
Goldberg v. The Queen - 2003-01-23
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 [...] All that is required is that the husband should so deal with the property as to divest himself of it and vest it in his wife, that is to say, pass the property from himself to her.
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2,049.
Melina & Keith Ii (The) v. Gerald'S Machine Shop Ltd. - 1999-07-08
Federal Court of Appeal Decisions[22] In this Court, there is little jurisprudence dealing with nonsuit. [...] Procedural fairness requires that the judge should have left it to the plaintiff to decide whether to bring a motion for nonsuit on the counterclaim and that any motion for nonsuit should not have been entertained until after the defendant's evidence was completed. [...] [26] Trials must be dealt with efficiently, but always consistent with fairness.
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2,050.
Begetikong Anishnabe v. Canada (Minister of Indian Affairs and Northern Development) - 1997-10-27
Federal Court DecisionsThe Band claims that the Minister ought not to use the privilege as a shield to prevent the Band from exploring the validity of the legal advice he received: fairness and consistency require the disclosure of the entire legal opinion4. [...] The Evans decision6 referred to by the Band deals with a case where some sections of a privileged document were revealed and others were denied to the applicant. [...] Basically, it is all a question of fairness. Other cases referred to by the Band are situations where a witness relied on a legal opinion as a defence but refused to disclose the opinion.