11,312 result(s)
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2,351.
Bosa v. Canada (Attorney General) - 2013 FC 793 - 2013-07-17
Federal Court DecisionsThe Minister’s appraisal assessed the fair market rental value of the land at $319,950 per annum as of March 15, 2011. [...] The parties also agree that the Court can have regard to the course of dealings between the parties between March and May of 2011 in deciding the issues raised by the Plaintiffs’ motion. [...] [25] The Defendant does, however, object to the Court having regard to the course of dealings between the parties in relation to previous rent increases.
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2,352.
Laroche v. Canada (Attorney General) - 2013 FC 797 - 2013-07-18
Federal Court DecisionsThe rules of procedural fairness can be observed without holding a hearing. [...] Had there been a waiver, thus precluding the applicant from arguing a breach of procedural fairness? [...] The concept of “danger” under the Code is a concept that she deals with on a daily basis.
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2,353.
Williams v. Canada (Citizenship and Immigration) - 1996-10-29
Federal Court DecisionsThe decisions to which the common law principles of fairness and natural justice apply are not so constrained. [...] I will deal with the arguments challenging the validity of subsection 70(5) first. [...] The Federal Court of Appeal in the cases cited by the respondent was not asked to deal with the arguments that have been put before me in this case.
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2,354.
Timberwest Forest Corp. v. Pacific Link Ocean Services Corporation - 2008 FC 801 - 2008-06-25
Federal Court Decisions[65] I do not think that clause 19, which also deals with subrogation, assists the defendants. [...] His decision was varied on appeal (1991), 7 O.R. (3d) 559 so that the Court of Appeal did not have to deal with the clause. [...] His decision was affirmed on appeal but Mr. Justice Lemieux did not deal with this point, [2005] 4 F.C.R. 441 (F.C.).
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2,355.
Abdulrahim v. Canada (Citizenship and Immigration) - 2017 FC 891 - 2017-10-06
Federal Court Decisions2. If the answer to the first issue is yes, did the Officer’s failure to provide the Applicant with notes from the 2009 interview and the RRF with the Fairness Letter breach the duty of fairness? [...] I will deal with them in turn: A. March 25, 2009 Interview Notes [42] The Applicant says that the 2009 interview notes “can not be used to justify the decision in this case” because they are simply part of the Decision that Justice Phelan excluded in his direction of March 1, 2017. [...] G. Procedural Fairness [64] In his Reply, although not in his initial Memorandum of Argument, the Applicant raises procedural fairness:
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2,356.
Sunridge Gold Corp. v. Delizia Limited - 2016 FC 392 - 2016-04-08
Federal Court Decisions(a) the order deals with a question vital to the final issue of the principal matter; [...] [48] The appeal at hand deals with a matter vital to the final issue of the principal matter in the case. [...] [49] Different principles apply to the appeal concerning the production orders which I will deal with later.
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2,357.
Ng v. Canada (Attorney General) - 2017 FC 376 - 2017-04-19
Federal Court DecisionsThe LERC Report notes that the money was consistent with drug dealing as the majority of customers obtain money through property crime. [...] This practice will then extend to the fairness letter provided to the applicant. [...] C. Was the Applicant denied procedural fairness? [66] The Court also rejects the Applicant’s submission that she was not afforded a sufficient level of procedural fairness.
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2,358.
CBC/Radio-Canada v. Canada (Commissioner of Official Languages) - 2015 FCA 251 - 2015-11-12
Federal Court of Appeal DecisionsHe therefore concluded that the CRTC’s decision was a fair result and consistent with the objectives of the OLA (paragraph 100). [...] [42] I will now set out my reasons for concluding that we should not deal with the substantive issues and that we should allow the appeal. [...] [54] There are, however, other reasons why, in the circumstances, we should not deal with the jurisdiction issue.
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2,359.
Shubenacadie Indian Band v. Canada (Minister of Fisheries and Oceans) - 2000-09-21
Federal Court DecisionsIf the respondent succeeds in its objections, it says that will not be necessary for me to deal with the tripartite test. [...] The preliminary objections are stated below in the order in which I intend to deal with them. [...] [28] I will deal with the first two objections together as they raise the same issue in different ways.
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2,360.
Bifano v. Canada (Attorney General) - 2019 FC 742 - 2019-05-27
Federal Court DecisionsThe purpose of this legislative provision is to allow Revenue Canada, Taxation, to administer the tax system more fairly, by allowing for the application of common sense in dealing with taxpayers who, because of personal misfortune or circumstances beyond their control, are unable to meet deadlines or comply with rules [...] Each such time it was explained to Mr. Bifano that the officers with whom he was dealing had no authority to make a settlement. [...] The purpose of this legislative provision is to allow Revenue Canada, Taxation, to administer the tax system more fairly, by allowing for the application of common sense in dealing with taxpayers who, because of personal misfortune or circumstances beyond their control, are unable to meet deadlines or comply with rules
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2,361.
Canada v. 9101-2310 Québec Inc. - 2013 FCA 241 - 2013-10-18
Federal Court of Appeal Decisions(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 [...] Based on the facts the tax debtor was not dealing at arm’s length with Mr. Pratte and his company.
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2,362.
Billings Family Enterprises Ltd. v. Canada (Transport) - 2008 FC 17 - 2008-01-07
Federal Court Decisions[19] Section 605 is in the division of the CARs dealing with aircraft maintenance requirements. [...] [22] CAR 703.07 deals with the issuance of Air Operator Certificates. [...] “16. We are dealing here with the powers of an administrative tribunal in relation to its procedures.
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2,363.
Industries S.L.M. Inc. v. Canada - 2000-10-27
Federal Court DecisionsFairness requires that the taxpayer be given a reasonable opportunity to contest a new basis of assessment. [...] [39] Section 55(1) of the Act sets out an anti-avoidance rule of general application, while s. 55(2) deals with more limited application. [...] the purchase by SNC of Valcartier mentioned in the contract of sale between those two corporations dealing at arm's length.
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2,364.
GCT Canada Limited Partnership v. Vancouver Fraser Port Authority - 2021 FC 624 - 2021-06-17
Federal Court DecisionsI will deal with this issue below, following an analysis of the arguments about the more general issue of disclosure. [...] 31 Procedural fairness does not require the disclosure of a privileged legal opinion. [...] Procedural fairness is required both in the trial process and in the administrative law context.
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2,365.
J.P. v. Canada (Attorney General) - 2009 FC 402 - 2009-04-24
Federal Court DecisionsHere, the parties have asked me to deal with the issues whether they are moot or partially moot. [...] It is also unclear how the Board, which is accustomed to dealing with adult offenders, would accommodate YCJA principles in supervising this offender. [...] (a) carrying out sentences imposed by courts through the safe, fair and humane custody and supervision of young persons; and
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2,366.
Ringuette v. The Queen - 2000-04-20
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 [...] This offer did not go through but it is an indication of how much a potential buyer dealing at arm's length was ready to pay.
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2,367.
Hill v. Oneida Nation of the Thames Band Council - 2014 FC 796 - 2014-08-12
Federal Court Decisions3. What is the content of procedural fairness owed to the Applicant and did Band Council breach the duty of fairness? [...] That is what guided Band Council in its dealings with an uncomfortable conflict involving family members. [...] Further, as noted by Respondent, Band Council is not comprised of lawyers and deals with land and estates administration as one aspect of its duties as an elected council.
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2,368.
He v. Canada (Citizenship and Immigration) - 2009 FC 1228 - 2009-12-01
Federal Court DecisionsShe argues that the Board failed to treat her fairly and neglected to conduct a proper analysis of the risk she might face if she returned to China. [...] 1. Did the Board conduct a fair hearing? [5] Ms He submits that the Board was required to give her a fair chance to present her claim, notwithstanding her original false account of events. [...] Accordingly, the Board committed no error by failing to deal with s. 97.
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2,369.
Dépatie v. The Queen - 2019 TCC 123 - 2019-05-28
Tax Court of Canada Judgments(ii) to a person with whom the taxpayer was dealing at arm’s length of any property that is [...] (C) the fair market value of the share is nil, and (D) it is reasonable to expect that the corporation will be dissolved or wound up and will not commence to carry on business [...] Once the business was profitable, the income could have been shared by paying a higher salary to the appellant, raising the rent to fair market value for the building’s location and paying interest on the advances.
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2,370.
Dnebosky v. The Queen - 2019 TCC 78 - 2019-02-06
Tax Court of Canada Judgments[9] Before moving on to the next categories of expenses, I need to deal with a key issue that arose in this appeal. [...] The first category was within the Lower Mainland, but a fair distance from Vancouver. [...] I do not have the power to change the Act, even if I do not think that it is fair.
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2,371.
Sister Red Enterprises Inc. v. The Queen - 2007 TCC 54 - 2007-02-05
Tax Court of Canada JudgmentsThe appeals deal with the deductibility and inclusion of certain expenses. [...] The amounts arrived at, although rough and ready, appear to be fair under the circumstances. [...] Where did Mr. Hum come up with a fair market value if we never provided documents.
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2,372.
Reagh v. The Queen - 2004 TCC 240 - 2004-04-14
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 [...] (ii) the transferor and transferee are not dealing at arm's length; (iii) there must be no consideration (or inadequate consideration) flowing from the transferee to the transferor; and
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2,373.
Westshore Terminals Ltd. v. Vancouver Port Authority - 2002 FCA 517 - 2002-12-18
Federal Court of Appeal DecisionsAs such, it is said, they are subject to the requirements of subsections 49(3) and 50(1) that they be fair and reasonable and that they not be unjustly discriminatory. [...] The regulatory scheme dealing with fees is set out in sections 49 to 53 of the Canada Marine Act. [...] (3) The fees fixed by a port authority shall be at a level that permits it to operate on a self-sustaining financial basis and shall be fair and reasonable.
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2,374.
Agpro Services Inc. v. M.N.R. - 1997-11-07
Tax Court of Canada JudgmentsWE HAVE NOT BEEN DEALT WITH FAIRLY. For these reasons, I ASK THAT YOU GRANT THE HEARING OF MY APPEAL. [...] [3] The first paragraph of the Notice of Appeal deals with matters of substance which require to be analysed further. [...] He properly characterized this document as not being an assessment but as a letter dealing with a request for refund.
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2,375.
Ontario Addiction Treatment Centres v. Canada (Attorney General) - 2022 FC 393 - 2022-03-23
Federal Court DecisionsHistory of the Applicant’s Dealings with the CRA [19] As noted above, the Applicant retained KPMG to request for a ruling, and subsequently for its Remission Request. [...] The relevant portions of the submissions dealing with the CRA’s “incorrect action” stated as follow: [...] Issue 4: Did the Minister breach procedural fairness by failing to seek further submissions?