11,309 result(s)
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1.
Sturgess v. Canada (Elections Canada) - 2024 FC 1360 - 2024-08-30
Federal Court Decisions[8] The standard of review for procedural fairness is correctness or a standard with the same import (Canada (Attorney General) v Ennis, 2021 FCA 95 [Ennis] at paras 44-45). [...] C. Was the decision procedurally fair? [22] The Applicant also raises a number of objections to the process followed by the CHRC in dealing with the complaint. [...] [26] The Applicant’s second procedural fairness complaint confuses his evidentiary obligation with respect to the case he needs to meet, with a new legal issue raised by the Respondent.
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2.
Wu v. Canada (Citizenship and Immigration) - 2024 FC 1344 - 2024-08-29
Federal Court DecisionsNoted previous refusals, The IELTS submitted: listening 5.5 reading 4.5 writing 5.5 speaking 6.0 overall 5.5 reading 4.5 Test takers at Band 4.0 typically have a limited ability to deal with straightforward factual and opinion-based texts. [...] [10] As the unreasonableness of the Decision is both clear and determinative there is no need to address the procedural fairness argument.
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3.
Olkowski v. The College of Patent Agents and Trademark Agents - 2024 FC 1331 - 2024-08-28
Federal Court Decisions[31] Rule 8 of the CPATA Code also includes the following provision relating to an agent’s dealings with unrepresented individuals: [...] 3 When an agent deals on a client’s behalf with an unrepresented person, the agent must [...] a) il conseille à cette personne de faire appel à une représentation indépendante;
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4.
Twardowski v. Canada (Attorney General) - 2024 FC 1326 - 2024-08-27
Federal Court DecisionsThe General Division compromised procedural fairness, and committed errors of jurisdiction, law and fact. [...] He is seeking fairness and social justice. The Claimant submits that he has contributed to the EI program for 30 years. [...] [46] [...] [I]t is likely that the Applicant will find this result frustrating, because my reasons do not deal with the fundamental legal, ethical, and factual questions he is raising.
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5.
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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6.
Reyes Garcia v. Canada (Citizenship and Immigration) - 2024 FC 1303 - 2024-08-22
Federal Court DecisionsBy way of a Judgment and Reasons issued January 17, 2020, Justice Ahmed held that the CBSA officer’s decision was unreasonable and breached procedural fairness. [...] The court further found that the officer breached procedural fairness by making his own determination of inadmissibility when he lacked the authority to do so. [...] [25] Section 40 of the IRPA deals with inadmissibility due to misrepresentation.
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7.
Dedvukaj v. Canada (Citizenship and Immigration) - 2024 FC 1300 - 2024-08-21
Federal Court DecisionsThey spent a great deal of time in Canada, the Officer at one point remarking that: “[a] note was entered indicating that [the Associate Applicant] was crossing the border on nearly a daily basis.” On August 7, 2018, the Associate Applicant and Zef submitted H&C applications, the decisions thereof being subject to [...] The Officer found that the ECHR did not “invalidate the conviction itself as the fairness of the trial was not contested,” and that counsel’s assertion that the conviction had been internationally denounced was inaccurate. [...] There has not been a breach of procedural fairness. IV. Issue and Standard of Review
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8.
Maier Estate v. Bulger - 2024 FC 1267 - 2024-08-15
Federal Court DecisionsDoes the fair dealing defence apply? • e)Is copyright misuse a viable defence to the non-admitted infringing acts? [...] However, they assert that this reproduction was a fair dealing and is not infringing (issue 4b of the JSI). [...] [106] Fair dealing involves a two part assessment. The first part requires determination of whether the dealing falls within one of the allowable “fair dealing” purposes of the Act (i.e., research, private study, education, parody, satire, criticism or review, or news reporting).
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9.
Air Passenger Rights v. Canada (Attorney General) - 2024 FCA 128 - 2024-08-12
Federal Court of Appeal DecisionsWhile APR has demonstrated the frustrations experienced by a number of air travellers in dealing with Canadian airlines and credit card companies in the aftermath of mass flight cancellations, those frustrations were caused by the third parties. [...] [39] APR relies on paragraph 61 to argue that Sierra Club confirms “that procedural fairness is an independent basis that is always justiciable, despite that the contents of the subject document may not be amenable to judicial review”. [...] It argues that if a regional assessment under the IAA were prepared in a manner contrary to the requirements of procedural fairness, the resulting regulation could be struck down.
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10.
Buffalocalf v. Nekaneet First Nation - 2024 FCA 127 - 2024-08-12
Federal Court of Appeal Decisions[2] Pursuant to the Nekaneet Constitution and Nekaneet Governance Act, the Nekaneet Appeal Body (Appeal Body or NAB) would normally deal with such an appeal. [...] • 1)Does this Court (and the Federal Court) have jurisdiction to review the Declaration and to deal with the application brought by the respondents in file A-193-23? [...] 8.08 The Nekaneet Appeal Body has the jurisdiction to hear and resolve any conflict or dispute relating to an issue governed by a law of Nekaneet or address violations of a law of Nekaneet based on remedies and processes that are fair, just and equitable and in accordance with the laws of Nekaneet.
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11.
Brown v. Canada (Attorney General) - 2024 FC 1245 - 2024-08-09
Federal Court Decisions[3] Between June 2019 and March 2021, the Applicant’s union filed three internal grievances on her behalf to deal with some of her workplace issues. [...] [5] On June 28, 2023, the CHRC decided to not deal with the complaint, other than the ongoing grievance which the CHRC decided not to deal with at this time. [...] Commission to deal with complaint Irrecevabilité 41 (1) Subject to section 40, the Commission shall deal with any complaint filed with it unless in respect of that complaint it appears to the Commission that
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12.
Collins v. Canada (Attorney General) - 2024 FC 1250 - 2024-08-09
Federal Court Decisions[14] The ensuing analysis deals with each issue in turn. IV. Analysis [...] Further, I note that paragraphs 31-33 in Collins FC 2020 deal with the reluctance of Ms. Collins to participate in a case management conference. [...] b) soit pour faire radier une déclaration au motif qu’elle ne révèle aucune cause d’action valable.
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13.
Onex Corporation v. Canada (Attorney General) - 2024 FC 1247 - 2024-08-09
Federal Court Decisions(3) Le ministre peut en tout temps proroger le délai fixé pour faire une déclaration en vertu de la présente loi. [...] as a “Fairness Package,” to make “the tax system simpler, easier and fairer” by allowing “common sense in dealing with taxpayers who, because of personal misfortune or circumstances beyond their control, are unable to meet our deadlines or comply with our rules” (Canada, Minister of National Revenue, “Fairness Package,” [...] [117] In other words, different layers of “Fairness Provisions” exist in the “Fairness Package” under section 220.
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14.
Bellosillo v. Canada - 2024 FC 1239 - 2024-08-08
Federal Court Decisions(d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or [...] The reason for this is simple – it is not fair to a defendant to have to respond to claims that are not explained in sufficient detail for them to understand what the claim is based on, or to have to deal with claims based on unsupported assumptions or speculation. [...] Neither is it fair to the Court that will have to ensure that the hearing is done in a fair and efficient manner.
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15.
Boehringer Ingelheim (Canada) Ltd. v. Jamp Pharma Corporation - 2024 FC 1198 - 2024-08-08
Federal Court DecisionsThe public is entitled to rely on the words used provided the words used are interpreted fairly and knowledgeably. [...] It would not be fair to allow the patentee to extend the scope of a claim to more or something other than what is claimed. [...] [116] However, this evidence must also be considered alongside a fair reading of the patent and the full claim set.
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16.
Exavier v. Canada (Citizenship and Immigration) - 2024 FC 1240 - 2024-08-08
Federal Court Decisions[17] The reasonableness presumption does not apply to an issue involving a breach of natural justice or the duty of procedural fairness (Vavilov at para 23). [...] In considering issues of procedural fairness, the ultimate question to be answered by a reviewing Court is whether the Applicant knew the case to be met and had a full and fair chance to respond (CPR at para 56). [...] He further conceded that there is no procedural fairness issue here, and on the basis of the submissions filed by the Respondent, the Court will not address that issue.
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17.
Makarov v. Canada (Foreign Affairs) - 2024 FC 1234 - 2024-08-07
Federal Court DecisionsDuring his dealings with Canada, he also declared himself a citizen of Turkmenistan. [...] (c) provide any financial or other related service in respect of a dealing referred to in paragraph (a); [...] [56] No issue of procedural fairness is raised. [57] Respectfully, the issue is whether the Minister’s Decision is reasonable.
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18.
Leach v. Canada - 2024 FC 1232 - 2024-08-06
Federal Court DecisionsThe reason for this is simple – it is not fair to a defendant to have to respond to claims that are not explained in sufficient detail for them to understand what the claim is based on, or to have to deal with claims based on unsupported assumptions or speculation. [...] Neither is it fair to the Court that will have to ensure that the hearing is done in a fair and efficient manner. [...] The Plaintiff alleges that he was denied procedural fairness during the December 2020 PBC hearing and does not allege any material facts as to how he was denied procedural fairness by the PBC. He does not allege how his right to procedural fairness was breached by the PBC or by the PBC member presiding over the hearing.
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19.
Rovi Guides, Inc. v. Telus Corporation - 2024 FCA 126 - 2024-08-06
Federal Court of Appeal DecisionsThe companion appeal deals with claims in one of the same Patents in issue on this appeal, the 870 Patent, and with a different patent (Canadian Patent No. 2,730,344). [...] According to the Court, the respondents behaved responsibly in their dealings with Rovi and their conduct was beyond reproach: Federal Court Decision at para. 635. [...] On a fair reading of paragraph 400, the Federal Court was simply introducing the concept of the “Restart” function and spoke about the 585 Patent generally, much like Mr. Wahlers did in his testimony.
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20.
Rovi Guides, Inc. v. Videotron Ltd. - 2024 FCA 125 - 2024-08-06
Federal Court of Appeal DecisionsA. I think that's fair to say, yes. Q. Again, that's the type of person that you approach your analysis from? [...] The comments that Rovi impugns were made in paragraph 594 of the Federal Court’s reasons, in the portion dealing with remedy. [...] The appellant having denied that it relies upon particular facts to say that the respondent is not entitled to an accounting, the trial judge can deal with the question of entitlement on the basis of the respondent's own evidence.
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21.
Mattina v. Canada (National Revenue) - 2024 FC 1210 - 2024-07-30
Federal Court DecisionsThe other forms of relief, premised upon allegations of procedural fairness, are vague and unsubstantiated, as will be discussed below. [...] This Court therefore has no jurisdiction to deal with the Reassessments with respect to the Applicant’s grounds regarding the Minister acting with all due dispatch, pursuant to section 18.5 of the Act. [...] In my view, I do not find that the facts plead, assumed as true, form grounds for a substantiated argument about procedural fairness.
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22.
Moonshiram v. College of Immigration and Citizenship Consultants - 2024 FC 1212 - 2024-07-30
Federal Court DecisionsB. The Disciplinary Proceedings: Procedural Fairness Allegations [39] The Applicant raises two types of procedural fairness allegations. [...] One deals with the process in the investigation stage leading to the referral to the Discipline Committee; and the other deals with what occurred during the adjudication stage after the referral to the Discipline Committee. [...] [41] An assessment of procedural fairness requires taking into account the particular context and circumstances at issue, to determine whether the process followed by the administrative decision maker was fair and offered the parties a right to be heard and a full and fair chance to know and respond to the case against
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23.
Vasilkioti v. The King - 2024 TCC 101 - 2024-07-30
Tax Court of Canada Judgments(c) a person with whom the person was not dealing at arm’s length, the following rules apply: [...] A person with whom the transferor was not dealing at arm’s length. 4) The fair market value of the property transferred must exceed the fair market value of the consideration given by the transferee. [...] The fair market value of this consideration was at least equal to the fair market value of the 50% interest in the Property at the time of transfer, namely $240,498.
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24.
Tootoosis v. Poundmaker Cree Nation #345 - 2024 FC 1171 - 2024-07-25
Federal Court DecisionsWas the Decision to suspend and remove the Applicant procedurally fair? [...] B. Was the Decision to suspend and remove the Applicant procedurally fair? [...] This is particularly so given there is no appeal process in place at PCN to deal with decisions of suspension and removal.
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25.
0808414 B.C. Ltd. v. The King - 2024 TCC 99 - 2024-07-24
Tax Court of Canada Judgments(i) to a person with whom the taxpayer was not dealing at arm’s length for no proceeds or for proceeds less than the fair market value thereof at the time the taxpayer so disposed of it, [...] (i) to a person with whom the taxpayer was not dealing at arm’s length for no proceeds or for proceeds less than the fair market value thereof at the time the taxpayer so disposed of it, [...] • (a)where a taxpayer has acquired anything from a person with whom the taxpayer was not dealing at arm’s length at an amount in excess of the fair market value thereof at the time the taxpayer so acquired it, the taxpayer shall be deemed to have acquired it at that fair market value; ...