11,312 result(s)
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2,201.
Fu v. Canada (Attorney General) - 2019 FC 527 - 2019-04-25
Federal Court DecisionsThe Applicant indicated that she flew back and forth from Canada to Italy on a fairly consistent basis. [...] Included were detailed notes of what had occurred after her husband’s TCC hearing, including a letter to her Member of Parliament regarding her dealings with Service Canada. [...] [58] Thus, I will not be dealing with any of the Applicant’s other arguments regarding the interpretation of the TCC decision and the calculation of her GIS payments.
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2,202.
Amos v. Canada - 2017 FCA 213 - 2017-10-30
Federal Court of Appeal Decisionsrelation to the alleged conflict for Justice Webb, focused on dealings between himself and a particular lawyer at Patterson Law. However, none of the documents submitted by Mr. Amos at the hearing or subsequently related to any dealings with this particular lawyer nor is it clear when Mr. Amos was dealing with this lawyer. [...] Would he think that it is more likely than not that [the decision-maker], whether consciously or unconsciously, would not decide fairly." [...] 32 In my view, a reasonable person, viewing the matter realistically would conclude that the trial judge could deal fairly and impartially with this case.
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2,203.
Pfizer Canada Inc. v. Pharmascience Inc. - 2013 FC 120 - 2013-02-04
Federal Court Decisions[40] I digress at this point to deal with the concept of racemates, as the above description deals with diastereomers and enantiomers. [...] I disagree for reasons that I will set out in dealing with sound prediction. [...] Sir Lionel very fairly summarized his position in the following words:
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2,204.
Ngyuen v. Canada (Citizenship and Immigration) - 2020 FC 1126 - 2020-12-07
Federal Court DecisionsThey fairly raised their concerns, providing Ms. Nguyen with an opportunity to comment. [...] (1) The start-up business class program and procedural fairness requirements [...] In late May, the new visa officer sent a second procedural fairness letter.
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2,205.
Gramiak v. The Queen - 2013 TCC 383 - 2013-12-10
Tax Court of Canada Judgments(a) may prejudice or delay the fair hearing of the action, (b) is scandalous, frivolous or vexation, or [...] (iii) is made as a consequence of a transaction involving the taxpayer and a non-resident person with whom the taxpayer was not dealing at arm’s length, [...] In stark contrast, the instant case deals with the same transactions, the same issues, and there is a direct connection between the provisions pleaded.
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2,206.
Awolaja v. Canada (Citizenship and Immigration) - 2010 FC 1240 - 2010-12-07
Federal Court DecisionsA standard of correctness is the appropriate standard for the review of issues involving procedural fairness and natural justice. [...] [61] In dealing with subjective fear, the RPD refers in paragraph 12 to the Applicant’s return to Nigeria for a month in 2005 when her son died. [...] Once again, the RPD is not really dealing with the evidence before it.
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2,207.
Harris v. Canada - 2001 FCT 1408 - 2001-12-19
Federal Court Decisions[148] Understood in that light, I find no improper side deal or preferential treatment. [...] When a taxpayer moves to Canada he will be treated as if he at that time purchases his assets at their fair market value. [...] [220] For these reasons, I can not agree that Mr. Harris may fairly be characterized as a mere busy body.
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2,208.
Lewis v. Canada - 2012 FC 1514 - 2012-12-19
Federal Court DecisionsHe claimed that the decision was made in breach of his right to procedural fairness because he had not been provided with the Executive Summary recommendations, prepared by Analyst Dwight Lalonde, prior to the making of the decision, and he had not been given an opportunity to explain why he was not able to raise the “new” [...] The judge found that CSC’s representatives had not complied with subsection 27(1) of the Act and had breached the plaintiff’s right to be treated fairly. [...] The Court indicated that the primary question in dealing with the Motion to Strike was “whether the statement of claim pleads each of the constituent elements of the tort” (para 33).
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2,209.
Pearson v. The Queen - 2009 TCC 338 - 2009-06-23
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 [...] I do not reach this view from his criminal background, but from his approach to commerce generally; for example, underreporting, limited documentation and cash dealings.
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2,210.
Grinshpon v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1695 - 2005-12-14
Federal Court DecisionsHe says that the Joint Statement of Fact takes priority over the bill of indictment and that the Board breached the principles of procedural fairness by looking at anything other than the Joint Statement of Fact. [...] [10] In my opinion, the Applicant has failed to show that the Board committed a breach of procedural fairness or otherwise committed a reviewable error in the manner in which it assessed equivalency. [...] [15] The Board then considered the provision of the Criminal Code that deals with the offence of conspiracy, that is section 465.
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2,211.
Dimension J.M.M. Inc. v. Canada - 2005 FCA 168 - 2005-05-10
Federal Court of Appeal Decisions[1] Despite the excellent oral arguments and commendable efforts by counsel for the appellants, I am not satisfied that Mr. Justice Angers of the Tax Court of Canada (the judge) erred in his interpretation of subsection 153(4) of theExcise Tax Act, R.S.C. 1985, c. E-15 (the Act) dealing with payment of the goods and [...] [2] Subsection 153(4) deals with transactions in which the consideration for the transaction is used tangible personal property. [...] (d) where the supplier and the recipient are not dealing with each other at arm's length at the time the supply is made and the amount credited to the recipient in respect of the trade-in exceeds the fair market value of the trade-in at the time ownership thereof is transferred to the supplier, that fair market value.
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2,212.
Bondfield Construction Company (1983) Limited v. The Queen - 2004 TCC 161 - 2004-02-18
Tax Court of Canada Judgments[9] I am left then to deal with the request for the proposed amendments to paragraphs 16, 18 and 21. [...] Most of these cases however deal with amendments at the discovery stage in the proceedings or at least at the commencement. [...] 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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2,213.
Peach v. The Queen - 2020 TCC 12 - 2020-01-23
Tax Court of Canada Judgments[51] Because Mr. Peach and his son do not deal with each other at arm’s length, [26] for purposes of computing his income, Mr. Peach is deemed to have received proceeds of disposition for the property equal to the greater of the amount his son paid him for it and the fair market value of the property at the transfer time. [...] Firstly, assessed value for a year may not reflect fair market value for that year. [...] [26] Mr. Peach and his son are related persons as defined in subsection 251(2) of the Act and therefore are deemed not to deal with each other at arm’s length (see paragraph 251(1)(a) of the Act).
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2,214.
Virk v. Canada (Citizenship and Immigration) - 2014 FC 150 - 2014-02-14
Federal Court Decisions[5] I think it is important first to place the procedural fairness argument in context. [...] In such cases, the requirements for procedural fairness will be relatively minimal. [...] [7] It is unnecessary to deal conclusively with the issue of Mr. Virk’s failure to disclose his previous immigration refusal.
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2,215.
Richard c. La Reine - 2003 TCC 790 - 2004-01-12
Tax Court of Canada Judgments(ii) the fair market value of the family home at the time of transfer to the Appellant. [...] (i) the amount 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 transfer of the consideration given for the property, [...] [5] With all due respect to the contrary opinion, the provisions of the Civil Code of Québec dealing with family assets must be interpreted as follows:
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2,216.
Salie v. Canada (Attorney General) - 2013 FC 122 - 2013-02-04
Federal Court Decisions[46] The third issue is whether Mr. Salie was denied procedural fairness in the process surrounding the assessment of the overpayment. [...] As a result, this Court has jurisdiction to deal with this matter. Is the Application Premature? [...] [79] Having regard to all of the circumstances of this case, I am satisfied that the duty of fairness has been satisfied in this matter.
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2,217.
Simon v. Canada (Attorney General) - 2012 FC 387 - 2012-04-02
Federal Court DecisionsFinally, the Working Group had been established pursuant to the APC Resolution to deal with the “implementation” of the Policy. [...] In my view, it is arguable that procedural fairness requires consultation about the Policy and not just its implementation. [...] However, given the finding of serious issue described above, it is not necessary to deal with these submissions.
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2,218.
Ali v. Canada (Minister of Citizenship and Immigration) - 2004 FC 1174 - 2004-08-26
Federal Court DecisionsMr. Ali also argues that the officer breached the duty of fairness owed to him by failing to disclose the evidence that she relied upon to support her finding that the MQM-A is a terrorist organization. [...] I must also decide whether the officer breached the duty of fairness owed by her to Mr. Ali by failing to identify the evidence that she was intending to rely upon in arriving at her conclusion that the MQM-A is a terrorist organization. [...] I will deal with each of these issues in turn, beginning with the preliminary question of whether the officer's decision is properly reviewable.
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2,219.
Lorenzen v. Canada (Transport) - 2014 FC 273 - 2014-03-20
Federal Court DecisionsShe argues that the other factors from Baker also support a higher duty of fairness in this context. [...] There was no breach of procedural fairness, regardless of the standard applied, and the Decision was reasonable. [...] 13 In the case at bar, we are dealing with a simple application for clearance or a permit made by a person who has no existing right to that clearance or permit and is not accused of anything.
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2,220.
Mahjoub v. Canada (Citizenship and Immigration) - 2017 FCA 157 - 2017-07-19
Federal Court of Appeal Decisions[156] Here we are dealing with a factually suffused question of mixed fact and law. [...] In such circumstances, it is folly to try to deal with them by replicating how counsel presented them. [...] In its view, the actual fairness of the proceedings had not been affected.
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2,221.
Rose v. Canada (Attorney General) - 2011 FC 1495 - 2011-12-19
Federal Court Decisions[21] The respondent has chosen not to deal at all with the applicants’ allegations on the merits. [...] (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; [...] It also recommended outside assistance to ensure timely and fair resolution of third-level grievances.
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2,222.
Montoya Martinez v. Canada (Citizenship and Immigration) - 2011 FC 13 - 2011-01-10
Federal Court DecisionsThe RPD’s actions violated its own procedures and breached the principles of fairness and natural justice. [...] The RPD explicitly deals with the psychological reports in the Decision. [...] Procedural Fairness – Evidence not before the RPD at the time of the Hearing
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2,223.
Connell v. Canada (Citizenship and Immigration) - 2023 FC 1316 - 2023-09-29
Federal Court Decisions[14] The third issue is one of procedural fairness. “The Federal Court of Appeal has held that an alleged failure to consider an argument properly advanced and raised is a procedural fairness issue”: Turner v Canada (Attorney General), 2012 FCA 159 at para 43 [Turner]. [...] When assessing whether procedural fairness was met, a reviewing court asks whether the “procedure was fair having regard to all of the circumstances”: CPR at para 54. [...] In my opinion, the failure of the Officer to deal with the request constitutes an error in due process.
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2,224.
Dragunowski v. Ontario Power Generation - 2009 FC 124 - 2009-02-06
Federal Court Decisions[39] The public interest is engaged in this complaint to the extent that it deals with the employer’s obligation to provide a harassment-free work environment. [...] [48] The Respondent submits that the Commission complied with the rules of procedural fairness. [...] [50] The Respondent submits that a great deal of deference is usually given to investigators and to a decision of the Commission.
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2,225.
Bal v. Canada (Citizenship and Immigration) - 2008 FC 1178 - 2008-10-17
Federal Court DecisionsI will deal with each of them in the following reasons. That being said, there are two questions that deserve to be addressed more extensively. [...] The second is an issue of procedural fairness: has the Applicant been denied the right to a fair hearing by being denied a competent interpreter? [...] Procedural fairness raises questions of law, to be reviewed on a standard of correctness.