11,312 result(s)
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2,451.
Canada Revenue Agency v. Telfer - 2009 FCA 23 - 2009-01-28
Federal Court of Appeal DecisionsRather, counsel said, the Judge substituted his view for that of the Minister on the “fairness” of the decision to deny Ms Telfer interest relief. [...] I note that Ms Telfer was legally represented in this appeal and had been assisted by different counsel in her dealings with the CRA in connection with her subsection 220(3.1) request. [...] [39] Counsel also argued that it was unfair for the Minister to deal separately with Ms Telfer’s allegation that she should be given relief on the ground of financial hardship.
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2,452.
Canada (Attorney General) v. Boucher - 2005 FCA 77 - 2005-02-28
Federal Court of Appeal DecisionsThe Canadian Charter of Rights and Freedoms has since guaranteed an inmate's right to greater procedural fairness when it comes to involuntary transfer. [...] In the case of a decision aimed at imposing a sanction or a punishment for the commission of an offence, fairness dictates that the person charged be given all available particulars of the offence. [...] In the situation we are dealing with here, guilt was not what had to be confirmed, it was whether the information received from six different sources was sufficient to raise a valid concern and warrant the transfer.
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2,453.
Yale Indian Band v. Aitchelitz Indian Band - 1998-06-24
Federal Court DecisionsThey should not be compelled to deal with issues raised by others." (p. 206). [...] "The court must be concerned with the expeditious and efficient progress of litigation, always having regard to fairness to the parties and indeed to the proposed intervenors. [...] Expeditiousness and fairness considerations, I think, are at the root of the conditions that must be met by proposed intervenors.
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2,454.
Native Transfer Committee At Mountain Institution v. Solicitor General of Canada - 1997-01-06
Federal Court DecisionsIn addition, I am not convinced the Committee has the ability to fairly and adequately represent some 1,800 other individuals and this is particularly so in that the Committee does not have proper legal assistance. [...] 4. (1) Alternative measures may be used to deal with a young person alleged to have committed an offence instead of judicial proceedings under this Act only if [...] The federal Parliament has left it to the province to deal with a matter which it has determined is best resolved at the provincial level.
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2,455.
BP Canada Energy Company v. Canada (National Revenue) - 2017 FCA 61 - 2017-03-30
Federal Court of Appeal DecisionsAccording to him, the question was “fairness to whom?” (Reasons, para. 47). [...] It submits that subsection 231.1(1) must be read with subsection 230(1) which deals with the obligation to keep books and records. [...] [97] I recognize that we are not dealing here with a word in a federal statute which takes its meaning from provincial laws.
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2,456.
Descarries v. The Queen - 2014 TCC 75 - 2014-03-07
Tax Court of Canada JudgmentsFair market value $269,618 Adjusted cost base $269,618 Paid-up capital [...] Fair market value $347,848 Adjusted cost base $347,848 Paid-up capital [...] Fair market value Paid-up capital Adjusted cost base $102,910 $15,340
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2,457.
Ultima Foods Inc. v Canada (Attorney General) - 2012 FC 799 - 2012-06-21
Federal Court Decisions2. Was there a Breach of the Duty of Procedural Fairness? 3. Do the Applicants have Direct Standing? [...] Issue 2 Was there a Breach of the Duty of Procedural Fairness? [97] The Applicants say that if the Minister had confirmed that the Chobani Application had been made, they would have made further submissions dealing with the uniqueness of the process for manufacturing Chobani. [...] This means, in my view, that the minimal duty of fairness would not have included the right to make representations.
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2,458.
Provigo Distribution Inc. v. Max Mara Fashion Group SRL - 2005 FC 1550 - 2006-04-28
Federal Court Decisions[31] The two marks being inherently weak, it is fair to say that even small differences will be sufficient to distinguish among them. [...] [35] The Board did not explicitly deal with the second factor prescribed by the Act, that is, the length of time the trade-marks have been in use (ss. 6(5)(b)). [...] There is an overlap in the wares sold by the respective parties in that each deal in wearing apparel.
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2,459.
Succession de Feu Cléophas Saint-Aubin c. La Reine - 2003 TCC 608 - 2003-09-04
Tax Court of Canada Judgments10. The executors shall be entitled to five dollars ($5), for each meeting to deal with the affairs of my estate. [...] Clause 9 deals with maintenance of [translation] "building in my estate and those that shall be acquired". [...] As the parties have agreed to the fair market value of those properties on the evaluation day and on January 1, 1993, the amount of the total gain realized by the estate is no longer contested.
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2,460.
Kloppers v. The Queen - 2020 TCC 118 - 2020-10-29
Tax Court of Canada JudgmentsA case management judge’s role is to ensure that an appeal proceeds to a trial on the merits in a fair and efficient manner. [...] At that rate, it will take 700 months to deal with all 17,000 objections. [...] At that rate, it will take 170 months to deal with all 17,000 objections.
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2,461.
M.N.R. v. McMahon - 2020 TCC 104 - 2020-09-15
Tax Court of Canada JudgmentsIn recent years, the Minister has begun using section 174 applications to try to deal with large groups of taxpayers. [...] I will address his concerns on the issue when I deal with that motion. [...] Accordingly, if she is requesting costs relating to time she has spent over more than 10 years, she must be including the time that she spent preparing her Notice of Appeal, dealing with CRA Appeals and, possibly, dealing with her audit.
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2,462.
Pier 1 Imports (U.S.), Inc. v. Canada (Public Safety and Emergency Preparedness) - 2018 FC 963 - 2018-09-28
Federal Court DecisionsIt will then be possible to determine who has jurisdiction to deal with various aspects of the dispute. [...] Section 62, which deals with redeterminations by the CBSA President, may be quoted as an illustration: [...] In these circumstances, however, it is fair that Pier 1 not be condemned to pay costs.
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2,463.
Xu v. Canada (Citizenship and Immigration) - 2019 FC 639 - 2019-05-10
Federal Court DecisionsOn the advice of a cousin, she took up the practice of Falun Gong as a way to deal with these difficulties. [...] [50] First, the breach of procedural fairness pertains to the applicants’ claims vis-à-vis Guyana. [...] The failure to do so resulted in a breach of procedural fairness. VII. CONCLUSION
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2,464.
Liu v. Canada (Citizenship and Immigration) - 2017 FC 562 - 2017-06-09
Federal Court DecisionsAccordingly, the Applicant submits that he was denied procedural fairness. [...] I recently deal with this issue in Llana Magnola Pompery v Canada (Minister of Citizenship and Immigration), 2016 FC 862: [...] The Applicant, on the other hand, is not a neutral party and has a great deal riding on this application.
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2,465.
McAnulty v. The Queen - 2001-10-17
Tax Court of Canada Judgments7. On April 29, 1994, the fair market value of a common Bre-X share did not exceed $1.50. [...] (i) a corporation has agreed to sell, issue or cause to be issued to the taxpayer a share of its capital stock or of the capital stock of another corporation with which it does not deal at arm's length, [...] (A) the fair market value of the share at the time the agreement was made
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2,466.
Husky Oil Limited v. Canada - 2010 FCA 125 - 2010-05-21
Federal Court of Appeal Decisions[7] On the amalgamation, the father is issued 20 shares of ACo with a fair market value of $20, and the son is issued 180 shares of ACo with a fair market value of $180. [...] One is the pre-amalgamation fair market value of the Lubricants shares. [...] Before dealing more fully with that point of interpretation, however, I will comment on the factual conclusions stated by the judge in the two paragraphs quoted above.
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2,467.
Ghahraman-Ebrahimi v. Canada (Attorney General) - 2020 FC 746 - 2020-07-06
Federal Court DecisionsA. ISSUE ONE: Respect for the Applicant’s right to procedural fairness [...] The Applicant’s right to procedural fairness was not breached. (2) Fairness in ATIP [...] The Applicant submits that other reported cases concerning paragraph 10(2)(b) deal with travel-related offences like assisting others to travel on false documents.
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2,468.
Hammad v. Canada (Citizenship and Immigration) - 2018 FC 459 - 2018-04-27
Federal Court DecisionsNeither the tenants or Mr. Niazi claimed to recognize the Applicant’s picture, and the tenants confirmed that their only dealings for property and contract matters had been with Mr. Niazi. [...] (1) Procedural Fairness [22] The Applicant submits that the Officer breached the duty of fairness by not putting to her his concerns about the authenticity of the documents she submitted in response to the fairness letter. [...] - Staff in two rental businesses on the fourth floor confirmed their only dealings are with Mr. Niazi for property/contract related matters;
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2,469.
Lukács v. Canada (Citizenship and Immigration) - 2023 FCA 36 - 2023-02-16
Federal Court of Appeal DecisionsSince those objections form the basis of Dr. Lukács’ appeal, they will be identified and dealt with in the course of dealing with the merits of the appeal. [...] In order to deal with this argument, it is necessary to understand the unusual facts of that case. [...] [75] For these reasons, I do not propose to deal with Dr. Lukács’ claim that his Charter rights have been infringed.
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2,470.
Nasreen v. Canada (Public Safety and Emergency Preparedness) - 2016 FC 515 - 2016-05-06
Federal Court DecisionsC. Was the Decision rendered in breach of a duty of fairness owed to the Applicants? [...] MEMBER: And I'm disclosing them to you only to deal with the identity documents, not for anything ... [...] MEMBER: No, it's the ... a national documentation package produced by the Board and I'm providing it to you just to deal with the identity issues.
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2,471.
Bouchard v. Canada (Attorney General) - 2006 FC 775 - 2006-06-16
Federal Court DecisionsIn my view, the transgression is of a technical nature only and results in no failure to comply with the duty to act fairly to this applicant. [...] • [98] This application for judicial review does not deal with the legality of a decision made by the NPB. Nor does the applicant’s grievance, which was before Ms. Fraser, deal with the assessment prepared by SAPI on June 20, 2003 (para 42 above), nor with the one by the FTC in January 2004 (para 49 above). [...] [6] Standard Operating Procedure (SOP) 700-14, dated April 30, 2001 (revoqued April 10, 2006), deals with the offender’s security classification.
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2,472.
McKenzie v. Mikisew Cree First Nation - 2020 FC 1184 - 2020-12-23
Federal Court DecisionsThat Jeff Rath will be retained to deal with any issues or claims resulting from any petition or suspension from Rubi Shirley, Darren Mercredi, and Sherri McKenzie or affiliated persons. [...] Orr deals with a suspension where the code is complete, whereas in Whitehead the Court found a custom because the band legislations did not “cover the field”. [...] These requirements are the most basic tenants of procedural fairness.
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2,473.
Canadian Imperial Bank of Commerce v. Canada (Human Rights Commission) - 2007 FCA 272 - 2007-08-27
Federal Court of Appeal Decisions[52] Section 19 deals with personal information and provides as follows: [...] However, for the sake of completeness, I propose to deal with the remaining grounds of appeal. [...] The CIBC characterizes this as the absence of a fair hearing, leading to a loss of jurisdiction.
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2,474.
Hussein v. Canada (Attorney General) - 2016 FC 1417 - 2016-12-30
Federal Court DecisionsThe Applicant also alleges the SST-AD breached its the duty of procedural fairness by not considering all his submissions before rendering its decision; however, this allegation while put forward in his Notice of Application was not pursued thereafter. [...] I see no basis for this alleged procedural fairness argument, and conclude it was advanced due to the Applicant’s use of a “boilerplate” Notice of Application; I will not deal with it further. [...] a) que le demandeur n’avait pas la capacité de former ou d’exprimer l’intention de faire une demande avant la date à laquelle celle-ci a réellement été faite;
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2,475.
Canada (Canadian Human Rights Commission) v. Pankiw - 2010 FC 555 - 2010-05-20
Federal Court Decisions12. Constitue un acte discriminatoire le fait de publier ou d’exposer en public, ou de faire publier ou exposer en public des affiches, des écriteaux, des insignes, des emblèmes, des symboles ou autres représentations qui, selon le cas : [...] [13] The tribunal then considered section 5 in the context of other provisions of the Act. Section 5 deals with discrimination in the provision of services while sections 12 and 13 deal with discrimination in the communication of messages. [...] The tribunal would deal with section 12 separately and the complainants had already acknowledged that section 13 did not apply.