11,312 result(s)
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2,401.
Larosa Food Importing Ltd. v. Cielo Di Livorno (Ship) - 1999-03-09
Federal Court DecisionsThese reasons deal with the nature of written discovery in a simplified action. [...] In the present instance the special circumstances of the case allow me to apply Rule 55 and deal with this motion at this time. [...] 3.Advise what dealings, if any, you had with the shipper, Globe Transport Freight Forwarders, including:
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2,402.
Gedara v. Canada (Citizenship and Immigration) - 2021 FC 1023 - 2021-10-04
Federal Court Decisions[7] I will deal with the Applicant’s submissions to the RAD in terms of its credibility findings in the Analysis section of these Reasons. [...] Did the RAD breach procedural fairness? B. Was the Decision reasonable? [...] A. Principle of Procedural Fairness [24] With regard to the first issue, questions of procedural fairness are reviewed on the correctness standard: Canada (Minister of Citizenship and Immigration) v Khosa, 2009 SCC 12, per Binnie J at para 43.
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2,403.
Kazzi v. Canada (Citizenship and Immigration) - 2017 FC 153 - 2017-02-08
Federal Court DecisionsC. Have the Canadian immigration authorities acted fairly toward Mr. Kazzi? [...] review is not the right forum to voice these concerns as it does not deal with Mr. Kazzi’s pending application for permanent residence on H&C grounds, nor with any decision rendered by or expected from the CBSA. This application solely deals with the ID’s Decision and the process conducted by this decision-maker. [...] No breach of procedural fairness has occurred. IV. Certified questions
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2,404.
MacFarlane v. Day & Ross Inc. - 2013 FC 464 - 2013-05-03
Federal Court DecisionsOn July 4, 2008, the applicant called to say that she could not come in to work and asked whether the meeting was to deal with her termination. [...] In conclusion, I rule that the adjudicator did not violate any principles of natural justice or procedural fairness in conducting the proceedings and rendering his decision. [...] He conducted a careful and fair analysis of the evidence before him and provided reasons that are transparent and intelligible.
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2,405.
Ochapowace First Nation v. Canada (Attorney General) - 2009 FCA 124 - 2009-04-24
Federal Court of Appeal DecisionsThe notice of appeal lists twelve grounds of appeal, some of which deal with evidentiary and procedural matters, while others deal with the grounds alleged in the notice of application. [...] The jurisprudence of this Court supports the view that the duty to consult and accommodate is part of a process of fair dealing and reconciliation that begins with the assertion of sovereignty and continues beyond formal claims resolution. [...] Sharp dealing is not permitted. However, there is no duty to agree; rather, the commitment is to a meaningful process of consultation.
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2,406.
Albian Sands Energy Inc. v. Positive Attitude Safety System Inc. - 2005 FCA 332 - 2005-10-17
Federal Court of Appeal Decisionsc) faire passer d'autres marchandises ou services pour ceux qui sont commandés ou demandés; [...] [29] The motion judge made certain factual determinations with respect to the appellants' dealings in the PASS system. [...] As a result, the motion judge was entitled to deal with validity, even if it was not explicitly raised in the appellants' notice of motion.
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2,407.
Almrei v. Canada (Minister of Citizenship and Immigration) - 2005 FC 355 - 2005-03-11
Federal Court DecisionsThis section of the legislation does not deal with the question of deportation. [...] (c) the judge shall deal with all matters as informally and expeditiously as the [...] circumstances and considerations of fairness and natural justice permit;
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2,408.
Moresby Explorers Ltd. v. Canada (Attorney General) - 2001 FCT 780 - 2001-07-09
Federal Court DecisionsIf offers are received, they are referred to TEAC for determination as to whether they are fair. [...] Offers for applicant's logs were received and TEAC determined them to be fair. [...] Fairness requires that a good deal of care be taken with decisions affecting people's livelihood.
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2,409.
Canadian Imperial Bank of Commerce v. The Queen - 2022 TCC 26 - 2022-01-25
Tax Court of Canada JudgmentsThe Appellant alleges that nothing material has changed that affects the nature of the Appellant’s dealings with PC Bank. [...] The taxpayer’s business was promoting credit cards in public spaces such as shopping centres, fairs and exhibition sites. [...] For the record, I point out that none of these cases deal with the impact of a retroactive ???
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2,410.
Distrimic Inc. v. Dispill Inc. - 2006 FC 1229 - 2006-10-17
Federal Court Decisions[36] The respondents argue that the same reasoning applies to allegations of violations of subsection 7(c) – dealing with passing off – and section 22 – dealing with depreciation of goodwill – of the Trade-Marks Act. [...] [41] Section 7 of the Trade-marks Act deals with passing-off: 7. No person shall [...] c) faire passer d’autres marchandises ou services pour ceux qui sont commandés ou demandés;
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2,411.
Humby v. Canada - 2013 FC 1136 - 2013-11-08
Federal Court DecisionsThe responsibility for the delay cannot fairly be laid at the feet of either CRA or the High Sheriff’s Office. [...] c) obliger une personne à faire un paiement, conformément au paragraphe 224(1); [...] d) obliger une institution ou une personne visée au paragraphe 224(1.1) à faire un paiement, conformément à ce paragraphe;
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2,412.
Agracity Ltd. v. The Queen - 2020 TCC 91 - 2020-08-27
Tax Court of Canada Judgments... bb) The fair market value of the services rendered by AgraCity to NewAgco-Barbados was [the amounts of net profits from ClearOut sales recorded by NewAgco Barbados]. [...] (i) would not have been entered into between persons dealing at arm’s length, and [...] (d) where paragraph (b) applies, the transaction or series entered into between the participants had been the transaction or series that would have been entered into between persons dealing at arm’s length, under terms and conditions that would have been made between persons dealing at arm’s length.
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2,413.
Biogen Idec Ma Inc. v. Canada (Attorney General) - 2016 FC 517 - 2016-05-09
Federal Court DecisionsAs provided by section 12 of the Interpretation Act, rule 5(4) is a remedial provision that is to be given a fair, large and liberal construction. [...] I find the consequence imposed violates the Court’s conception of what is fair, good or sensible. [...] It deals with the time within which applications are to be completed.
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2,414.
Coutlee v. Lower Nicola First Nation - 2024 FC 47 - 2024-01-11
Federal Court DecisionsWas the Removal Decision procedurally fair? 3. Was the Removal Decision reasonable? [...] [69] The Respondent submits the Applicant received procedural fairness throughout. [...] the nature of the other forum which could deal with the issue, including its remedial capacity;
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2,415.
Merchant Law Group v. The Queen - 2008 TCC 49 - 2008-01-28
Tax Court of Canada Judgments[6] In dealing with the motion, several procedural rules must be considered. [...] Based upon the foregoing, one can deal with each undertaking, will have to be decided. [...] Given the background facts and the relevant law, I will now deal with the Undertakings in dispute in this particular matter.
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2,416.
Grunwald v. Canada - 2005 FCA 421 - 2005-12-12
Federal Court of Appeal DecisionsI prefer not to decide the matter on this point, as Ms. Grunwald did not have a full opportunity to deal with the argument. [...] [20] Subsection 165(1) is premised on the fundamental rule of procedural fairness that adverse consequences should not befall a person unless that person has notice and an opportunity to make submissions. [...] The use of different terms in the Income Tax Act dealing with the same procedure creates uncertainty.
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2,417.
Williamson v. Canada (Attorney General) - 2004 FC 833 - 2004-06-09
Federal Court DecisionsFurthermore, the applicant submits that when dealing with objections based on irrelevance, it is appropriate for this Court to err on the side of allowing the challenged question. [...] However, since this issue was not argued or referred to before me by either party, I do not propose to deal with the issue. [...] Consequently, I will not deal with this matter either. [48] If I have misunderstood the position of counsel with respect to the issues in paragraphs 46 and 47 of these Reasons, I retain jurisdiction to deal with these matters.
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2,418.
Demaria v. Canada (Attorney General) - 2017 FC 45 - 2017-01-16
Federal Court DecisionsHowever, these submissions were limited to procedural fairness issues. [...] [86] Memo #9 includes a range of information dating back to 2001 about Mr. DeMaria’s connections to organized crime; his business dealings; investigations of other individuals regarding fraud, drug trafficking, and violent crime; along with more recent information. [...] The Common law duty of procedural fairness [99] In Baker,above, the Supreme Court of Canada established that the duty of procedural fairness varies depending on the context.
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2,419.
Siracusa v. The Queen - 2003 TCC 941 - 2003-12-22
Tax Court of Canada JudgmentsOn the facts, Dussault, J. held that the taxpayer and the corporation were not dealing at arm's length. [...] [17] I agree with Dussault, J. that to determine whether or not unrelated persons deal at arm's length, one must consider the specific circumstances. [...] I think I may fairly infer that the resolution was prepared by this lawyer and the fact that the resolution is preceded by a recital that Ontario has sufficient assets to pay any debts after payment of the dividend corroborates Mrs. Siracusa's testimony with respect to the pressure on her by the two other directors and a
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2,420.
Kim v. Canada (Citizenship and Immigration) - 2022 FC 1298 - 2022-09-16
Federal Court DecisionsThese reasons will deal with both applications. [3] For the reasons set out below, the application for judicial review of the H&C decision will be granted. [...] Should the PRRA decision be set aside because the Applicants were denied procedural fairness? [...] [75] There was no denial of procedural fairness because the Officer did not make veiled credibility findings.
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2,421.
Canada (Attorney General) v. Select Brand Distributors Inc. - 2010 FCA 3 - 2010-01-11
Federal Court of Appeal Decisions[46] The duty of fairness requires a tribunal to allow parties to know the case which must be met and to respond to it. [...] If there were lapses with regard to the Agency’s obligations with respect to procedural fairness, those can be remedied when the matter is reconsidered. [...] The dicta of Mahoney J.A. in Wang, quoted above, about fairness between the parties apply to these circumstances.
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2,422.
Comeau v. Canada (Attorney General) - 2004 FC 1091 - 2004-08-09
Federal Court Decisions2. Did the Appeal Panel violate the duty of procedural fairness owed to the applicant? [...] [52] I wish to next deal with Issue 3. [53] Issue 3 Does the Appeal Panel's decision otherwise contain any reviewable error? [...] [63] Because of my finding on this matter, I need not deal with the other issues raised by the applicant.
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2,423.
Carola v. Canada (Attorney General) - 2021 FC 1347 - 2021-12-03
Federal Court DecisionsB. Did the Initial Decision-Maker comply with the duty of procedural fairness? [...] [54] The Respondent pleads that in the matter at hand, the consultation with Sgt. Raymond “concerned matters of policy and interpretation, but did not go beyond influence to coercion and did not deal with findings of fact.” The Applicant disagrees and submits that the facts were discussed during the consultation. [...] [58] I find the Respondent’s position, that the consultation did not deal with findings of fact, to be contrary to the record before me.
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2,424.
Chong v. Canada (Attorney General) - 1999-02-09
Federal Court of Appeal DecisionsThey claimed in an affidavit filed by the appellant Gosen that the principles of procedural fairness had been breached:6 [...] [8] The Committee, having omitted to deal with that part of McKeown J.'s Order which related to Mr. Kent's evidence, met again on May 1, 1996 and filed an Addendum Report which reviewed Mr. Kent's evidence. [...] Counsel for the respondents argues, on the other hand, that the process is non-adversarial and that the minimum level of fairness applies.
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2,425.
Hassan v. Canada (Immigration, Refugees and Citizenship) - 2022 FC 1442 - 2022-10-21
Federal Court DecisionsI find that her application was processed in a fair and transparent manner. [...] [14] I will deal with the second concern first. The refusal letters clearly state that her application is dismissed due to her failure to comply with subsection 16(1). [...] Moreover, the process employed in reaching it was reasonable, fair, and transparent.