11,311 result(s)
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2,151.
Wang v. Canada (Minister of Citizenship and Immigration) - 1999-02-19
Federal Court Decisions[27] In Chou v. Canada (Minister of Citizenship and Immigration) [1998] F.C.J. No. 819, Justice Teitelbaum made the following comments regarding the duty of fairness on the visa officer: [...] In the present case, I am satisfied the visa officer failed in her duty of fairness in not asking the applicant, after receiving the "insurance cards" to explain what the visa officer found to be a contradiction as to the work history of the applicant. [...] [29] In view of the above, it is my opinion that the case at bar does not deal with contradicting evidence which would trigger a duty to request supplementary information by the visa officer.
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2,152.
Santoro v. The Queen - 2004 TCC 764 - 2004-11-19
Tax Court of Canada JudgmentsMr. Guido indicated the price of the shares could reach $2.00 in fairly short order. [...] Mr. Santoro "talked to people [HLE] was making deals with". The people he spoke to, he said, included Messrs. [...] To change course late in the litigation process is simply not fair to the respondent.
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2,153.
Robson v. The Queen - 2001-11-07
Tax Court of Canada JudgmentsSection 12 is fairly clear in its direction that a witness may be questioned about prior convictions. [...] [13] I shall deal first with the appeals of 378733 and I start with a fairly major problem about the assessments. [...] [42] I shall deal with each of these items separately. [43] Accounting, legal.
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2,154.
Hernandez v. Canada (Public Safety and Emergency Preparedness) - 2007 FC 725 - 2007-07-06
Federal Court Decisions[18] Next, Justice Snider considered what level of procedural fairness is owed to an applicant. [...] That Court was considering a provision of the Teachers’ Federation Act R.S.S.1978, c. T-7 dealing with a disciplinary hearing and the requirement that a “report” be provided. [...] In doing so, it is preferable that the report deal with the main lines of argument or key submissions of the parties.
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2,155.
J2 Global Communications Inc. v. Protus IP Solutions Inc. - 2008 FC 759 - 2008-06-18
Federal Court DecisionsI will be dealing with the Plaintiffs’ views of where she went wrong on an issue-by-issue basis. [...] She allowed some amendments and set in place a fair and efficient procedure that would lead to particularization and possible further amendments. [...] [93] In my view, this procedure does not deprive the Plaintiffs of a fair hearing and is not a breach of natural justice.
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2,156.
Ezemenari v. Canada (Citizenship and Immigration) - 2012 FC 619 - 2012-05-22
Federal Court DecisionsThe Counsellor noted the previous concerns set out in the fairness letter and concluded as follows: [...] [8] The underlying issue is this appeal is whether the applicants were denied the right to procedural fairness due to the Counsellor’s failure to express concerns in the fairness letter relating to the authenticity of the Nigerian adoption order. [...] Although this application deals with an application for citizenship and not a resident visa, I can see no principles basis for a suggestion that different considerations should apply.
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2,157.
Coward v. Canada (Attorney General) - 1997-08-27
Federal Court DecisionsThese decisions are to the effect that procedural fairness requires that the Commission have an adequate and fair basis upon which to evaluate whether there was sufficient evidence to warrant the appointment of a Tribunal. [...] The rule of procedural fairness requires that a complainant know the substance of the case against him or her. [...] __________________ 1. Within the last ground raised by the applicant, it is urged that the Commission erred in failing to consider the effect of s.24 of the Act, which deals with the ability of the Governor in Council to make regulations prescribing standards of accessibility.
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2,158.
Tekcan v. Canada (Citizenship and Immigration) - 2022 FC 635 - 2022-05-02
Federal Court DecisionsDid the Officer breach the requirements of procedural fairness by failing to send a fairness letter to advise the Applicants about his concerns about the sufficiency of the Business Plan? [...] [9] The question, therefore, is what fairness requires in this context. [...] [10] For this reason, I have concluded that a fairness letter was not required.
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2,159.
Procter & Gamble Pharmaceuticals Canada Inc. v. Canada (Health) - 2009 FC 113 - 2009-02-02
Federal Court DecisionsThus, a Motions Judge will not be found to have erred in law if he or she decides to deal with the motion. [...] [23] A further case supporting the proposition that the hearing judge is best situated to deal with evidentiary issues is that of Chopra v. Canada (Treasury Board), [1999] F.C.J. No. 835. [...] [34] In my analysis, reviewed on a correctness standard, in proceeding as he did, the Applications Judge did not afford procedural fairness to Searle, thereby committing an error of law (see McConnell v. Canada (Human Rights Commission), 2005 FCA 389 at para.7).
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2,160.
Canada (Attorney General) v. Gallinger - 2022 FCA 177 - 2022-10-18
Federal Court of Appeal Decisions[95] ... In my opinion, to ensure that employees receive adequate protection, employers ought to be held to an obligation of good faith and fair dealing in the manner of dismissal ... [...] ... [98] The obligation of good faith and fair dealing is incapable of precise definition. [...] [50] When dismissing employees, employers are under a duty to act fairly.
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2,161.
Dugré v. Canadian Judicial Council - 2021 FC 448 - 2021-05-14
Federal Court DecisionsThe applicant requests that the Court not decide the issue of striking out at this time, but rather stay the proceedings to allow the Supreme Court to determine the scope of the doctrine of prematurity when dealing with the application for leave to appeal. [...] That said, the adjudication board’s decision simply deals with a procedural matter that is not determinative of, the substantive issue between the parties, namely whether Sgt. Black has violated the Code of Conduct. [...] [29] The applicant argues that the violation of procedural fairness and the abuses of right in the present case justify setting aside the doctrine of prematurity.
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2,162.
Ennis v. Canada (Attorney General) - 2020 FC 43 - 2020-01-14
Federal Court DecisionsHis father represented him in dealings with the Commission. [4] The TFN is a band located in northwestern New Brunswick. [...] C. Procedural Fairness [51] An issue of procedural fairness arose in that the Commission departed from the s 49 Report without notice to the Applicant. [...] Had the Commission done so, issues of procedural fairness would not have arisen.
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2,163.
Madrigga v. Teamsters Canada Rail Conference - 2016 FCA 151 - 2016-05-17
Federal Court of Appeal DecisionsThe Board found that the complaint was untimely and that there was no ground for a duty of fair representation complaint against the respondent. [...] Furthermore, the applicant’s mistaken belief that he had to bring an internal appeal regarding his seniority before filing a duty of fair representation complaint, did not justify the grant of an extension of time. [...] [23] Before dealing with the substance of the issues raised by the applicant, the Court must deal briefly with the respondent’s submission that this application is moot because a review of the reconsideration decision cannot lead to an alteration of the June 12, 2014 decision.
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2,164.
Johnson v. Canada (Correctional Service) - 2013 FC 1211 - 2013-12-03
Federal Court DecisionsB. Was the grievance process procedurally fair? II. Standard of Review [...] (i) is in possession of, or deals in, contraband; (j) without prior authorization, is in possession of, or deals in, an item that is not authorized by a Commissioner’s Directive or by a written order of the institutional head; [...] a) d’une part, il est raisonnable de le faire, compte tenu de toutes les circonstances en l’espèce;
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2,165.
Imperial Tobacco Canada Limited v. Canada - 2011 FCA 308 - 2011-11-10
Federal Court of Appeal DecisionsI see no conflict between the objective of facilitating the going private transaction and the objective of treating option holders fairly. [...] [11] On August 2, 1999, an agreement entitled “Transaction Proposal Agreement” was entered into by BAT, Bidco, and Imasco dealing with the going private transactions. [...] Third, the payments were intended to and did end all future obligations of Imasco to deal with its own shares, which can fairly be described as a once and for all payment that resulted in a benefit to Imasco of an enduring nature.
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2,166.
Natarajan v. The Queen - 2010 TCC 582 - 2010-11-09
Tax Court of Canada JudgmentsShe claims that she gave her counsel documents on December 29, 2009 that he needed to prepare an application under the fairness program. [...] The reason for this is fairness. The Respondent may have agreed to enter into the Consent because of the dismissal of the 2004-2006 appeals. [...] [38] That being said, it appears that the Applicant has a good fairness case to present to the Minister since the 2004-2006 reassessments deal exactly with the same issue as the 2003 reassessment.
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2,167.
Parker v. The Queen - 2006 TCC 387 - 2006-07-10
Tax Court of Canada Judgmentsb) the value of the property transferred exceeded the fair market value of consideration given by the Appellant; and [...] 12. He further submits that the value of the property transferred exceeded the fair market value of consideration given by the Appellant, which was nil. [...] Because of his alleged deals with Eileen, it is necessary to recount his history.
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2,168.
Richard v. Canada (Attorney General) - 2024 FC 657 - 2024-04-29
Federal Court DecisionsSome questions are so political that courts are incapable or unsuited to deal with them, or should not deal with them in light of the time-honoured demarcation of powers between the courts and the other branches of government. [...] Indeed, the issue in SCCI was whether the process leading to the impugned enactments was fair and transparent. [...] (4) No Charter violation and no breach of the principles of procedural fairness
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2,169.
Swift v. The Queen - 2020 TCC 115 - 2020-10-20
Tax Court of Canada JudgmentsThus, this factor could be viewed as some evidence of dealing in residential properties. [...] 29. On November 2, 2010, Mr. Swift filled out a GST/HST New Housing rebate application indicating a fair market value of $1,443,000. [...] The Parties acknowledged that the fair market value of the JDF Property on November 2, 2010, inclusive of HST, was $1,450,000.
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2,170.
Sran v. Canada (Citizenship and Immigration) - 2017 FC 389 - 2017-04-21
Federal Court DecisionsIt was unfair for the Applicant to have to deal with two different sets of requirements at two different levels. [...] It is a breach of fairness that in 2014 the visa officer refused the application based on the 2007 income. [...] I find that the decision is Gill is more instructive because it is current and deals directly with the change of laws in sponsorship applications.
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2,171.
BJ Services Company Canada, the successor to Nowsco Well Service Ltd. v. The Queen - 2003 TCC 900 - 2003-12-03
Tax Court of Canada Judgments(c) RBC's opinion as to the fairness of the GLCC Offer from a financial point of view; [...] They not only satisfied a need of the company but were necessitated in dealing with the practicalities of a takeover bid environment. [...] In dealing with paragraph 18(1)(b), Justice Bowman provided some brief comments, which the Crown argued I should give little weight to.
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2,172.
Lux Operating Limited Partnership v. The King - 2024 TCC 107 - 2024-08-23
Tax Court of Canada Judgmentswhether the fair market value of the assets purportedly acquired from Luxell on August 30, 2005 exceeded the amount determined by the Minister, which was nil; [...] whether the fair market value of the assets purportedly acquired from Luxell by the Operating Partnership on August 30, 2005 exceeded the amount determined by the Minister; [...] Ultimately it boils down to a consideration of simple fairness, common sense and the interest that the courts have that justice be done.[5]
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2,173.
Hamami v. Canada (Citizenship and Immigration) - 2022 FC 222 - 2022-02-21
Federal Court DecisionsThe Respondents submit that although the decision was communicated orally at the interview, it was entered in the GCMS and meets procedural fairness requirements. [...] Part 2 of the IRPA deals with refugee protection and is divided into three divisions. [...] Division 1 deals with “Refugee Protection, Convention Refugees and Persons in Need of Protection”, Division 2 deals with “Convention Refugees and Persons in Need of Protection”, and Division 3 deals with “Pre-removal Risk Assessment”.
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2,174.
McCarthy v. Canada (Attorney General) - 2020 FC 930 - 2020-09-24
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 [...] Either way, the procedural fairness and substantive issues raised by Mr. McCarthy on this application are matters that may be grieved. [...] [40] In Vaughan, the Supreme Court of Canada underscored the importance of respecting the scheme established by Parliament for dealing with labour disputes by pursuing and exhausting available procedures: Vaughan at para 39.
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2,175.
Lovera v. Canada (Citizenship and Immigration) - 2016 FC 786 - 2016-07-08
Federal Court DecisionsThe question is whether the applicant had the opportunity of dealing with the evidence. [...] This is what the long-established authorities indicate the rules of procedural fairness require. [...] In this case, the evidence presented in support of the children’s best interests is itself fairly thin.