11,312 result(s)
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2,476.
Sogi v. Canada (Minister of Citizenship and Immigration) - 2006 FC 536 - 2006-04-28
Federal Court Decisions(c) the judge shall deal with all matters as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit; [...] g) si le juge décide qu’ils sont pertinents, mais que leur divulgation porterait atteinte à la sécurité nationale ou à celle d’autrui, ils ne peuvent faire partie du résumé, mais peuvent servir de fondement à l’affaire; [...] [43] Dealing with security certificates, Noël J.A. concluded in Charkaoui (Re), [2004] 3 F.C.R. 32, 2003 FC 1419, supra, that sections 76 to 85 of the Act were consistent with the principles of fundamental justice referred to in section 7 of the Charter:
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2,477.
Navi-Mont Inc. v. Rigel Shipping Canada Inc. - 1997-05-28
Federal Court DecisionsDealing with the first part of the test, the learned judges state at 335: [...] Even though I have found against Petro-Nav regarding the first part of the test, I will nonetheless proceed to examine whether Petro-Nav has met the second part of the test which deals with irreparable harm. [...] 1. The daily rate for each Star ship will be the same as Ultramar"s current payment to Rigel for each ship, plus a fair value for the duty payment incurred by Ultramar at the time the ship was imported into Canada.
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2,478.
Canada (Attorney General) v. Telbani - 2012 FC 474 - 2012-04-23
Federal Court DecisionsB. A brief review of the case law dealing with SIRC 20 C. The approach to follow according to the case law to determine the issue in this matter [...] Such expertise is of great benefit to them when they are dealing with complaints about CSIS activities. [...] When we are dealing with national security, it necessarily implies complications, which SIRC’s investigation procedure would reduce.
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2,479.
Canadian Museum of Civilization Corporation v. Public Service Alliance of Canada (Local 70396) - 2006 FC 703 - 2006-06-06
Federal Court DecisionsHowever, I certainly recognize that the Chairperson was dealing with a very frustrating situation which led him to make his remarks. [...] ... Commission to Deal with the Complaint 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 [...] (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;
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2,480.
671905 Alberta Inc. v. Q Max Solutions Inc. - 2001 FCT 888 - 2001-08-15
Federal Court DecisionsSubsections 47(1) and (2) of the Act, dealing with the reissue of patents, read as follows: [...] We are, of course, not dealing here with an issue of co-inventorship. [...] It is important that the patent system be fair as well as predictable in its operation.
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2,481.
State Farm Mutual Automobile Insurance Company v. Privacy Commissioner of Canada - 2010 FC 736 - 2010-07-09
Federal Court DecisionsWhat it means is that the Federal Court is the only one that can deal with those particular aspects of this application. [...] And it also has jurisdiction to deal with constitutional issues, just as this court has jurisdiction to deal with constitutional issues. [...] impossible à obtenir et l’organisation informe le commissaire de l’utilisation avant de la faire;
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2,482.
Baez De La Cruz v. Canada (Citizenship and Immigration) - 2021 FC 457 - 2021-05-18
Federal Court Decisions[6] The applicant submits before this Court that the RAD breached a principle of natural justice and procedural fairness or otherwise exceeded its jurisdiction in dealing in its decision with the issue of prospective risk, which was a new issue, since the sole issue before the RPD was credibility. [...] The breach of procedural fairness thus justified setting aside the impugned decision and referring the matter back to a different panel for redetermination. [...] [8] The standard of review on issues of procedural fairness is correctness.
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2,483.
Hristov v. Canada (Minister of Citizenship and Immigration) - 1999-09-27
Federal Court DecisionsDenial of Procedural Fairness: Fairness to State Purpose of Interview [...] [9] The applicant was counselled that he was accepted as a computer programmer, and that his application was to be approved subject to a further interview dealing with language assessment. [...] Denial of Procedural Fairness [10] Was the conduct of the final officer during the interview not conducive to providing the applicant a fair assessment of his application for permanent residence?
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2,484.
Slansky v. Canada (Attorney General) - 2011 FC 1467 - 2011-12-13
Federal Court Decisions[53] Moreover, the investigator must always be mindful to safeguard the procedural fairness of the process. [...] The Complaints Procedures itself requires counsel to ensure the judge's right to procedural fairness. [...] Procedures for Dealing with Complaints made to the Canadian Judicial Council about
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2,485.
Canada v. BCS Group Business Services Inc. - 2020 FCA 205 - 2020-12-02
Federal Court of Appeal Decisions30 (1) Sous réserve du paragraphe (3), la partie à une instance qui est une personne physique peut agir en son nom ou se faire représenter par un avocat. [...] The TCC adopted five sets of Informal Procedure rules to deal with various types of matters now within its jurisdiction. [...] The TCC now had exclusive original jurisdiction to deal with more complex and legally significant cases.
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2,486.
Persaud v. M.N.R. - 1998-01-07
Tax Court of Canada Judgments[13] This method of proceeding commends itself as a matter both of efficiency and of procedural fairness. [...] Other facts will be set out when I come to deal with the assumptions. [...] Counsel were not asked to deal with the question and the matter may have to be dealt with in another case.
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2,487.
Nedelec v. Rogers - 2023 FC 950 - 2023-07-13
Federal Court Decisions[20] The Applicants submitted that the appropriate comparator pilot positions were those that were “functionally equivalent, in a broad, general sense (consistent with the SCC jurisprudence dealing with human rights adjudication)” to Air Canada pilots, and that this test was self-evident. [...] If not premature, did the Tribunal violate the Applicants’ procedural fairness rights by making the Decision without the benefit of viva voce evidence? [...] The second issue deals with procedural fairness. Such issues are subject to judicial scrutiny to ensure that a fair and just process was followed, an exercise best reflected in the correctness standard even though, strictly speaking, no standard of review is being applied (see Canadian Pacific Railway Company v Canada
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2,488.
Landbouwbedrijf Backx B.V. v. Canada - 2019 FCA 310 - 2019-12-12
Federal Court of Appeal Decisions[2] This appeal deals only with the 2009 assessment. The appellant raises three arguments before this Court. [...] for proceeds equal to its fair market value at the time of disposition; [...] (B) the total of all amounts each of which is the fair market value at the particular time of
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2,489.
MacInnes v. Mountain Institution - 2014 FC 212 - 2014-03-06
Federal Court DecisionsConsequently, the Court has generally declined to deal with judicial review applications where an applicant has not first pursued this grievance process. [...] [26] In the Applicant’s submissions, there is also no evidence that the Applicant’s grievances will not be fairly considered. [...] The Applicant argues that he would not receive a fair and impartial decision from the internal grievance process as he is questioning the legality of CSC’s policies, which are sanctioned by the Commissioner.
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2,490.
Gillis v. Canada (Attorney General) - 2013 FC 1202 - 2013-11-29
Federal Court DecisionsThey submit that the decision of the CDS was reasonable and made in a procedurally fair manner, and that this application should be dismissed. [...] Would he think that it is more likely than not that Mr. Crowe, whether consciously or unconsciously, would not decide fairly.” [...] The Applicant has not shown any breach of procedural fairness or that the CDS otherwise committed any legal error.
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2,491.
Eiba v. Canada (Attorney General) - 2004 FC 250 - 2004-02-19
Federal Court Decisions2. Has the applicant demonstrated that the doctrine of legitimate expectations is applicable and that he was therefore denied procedural fairness? [...] The principle developed in these cases is simply an extension of the rules of natural justice and procedural fairness. [...] In that case the patent holder was given the benefit of ambiguity in statutory provisions dealing with the payment of maintenance fees on the "small entity" scale.
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2,492.
Varela v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 483 - 2001-05-15
Federal Court DecisionsMr. Carrasco submitted that if there was a credibility concern, fairness required that he be given an interview so that his credibility could be properly assessed. [...] [17] In those circumstances, I am unable to conclude that Mr. Carrasco was denied a fair hearing because he was not interviewed by the decision-maker. [...] This was said to comply with the requirements of fairness. [37] The duty of fairness is contextual, but as noted in Baker, supra, it requires the ability to meaningfully participate in the decision-making process.
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2,493.
Trevor Nicholas Construction Co. v. Canada (Minister of Public Works) - 2000-05-12
Federal Court Decisions[32] The Crown"s attempt to enforce uniformity on the tenderers carries with it the implicit promise that it will deal with all of them on the same basis. [...] It may be that this term extends to an obligation to treat all tenderers fairly. [...] [33] If so, this engages Trevor Nicholas" plea that it was not treated fairly.
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2,494.
Mohammad v. Canada (Minister of Employment and Immigration) - 2000-03-16
Federal Court DecisionsWould he think that it is more likely than not that Mr. Crowe, whether consciously or unconsciously, would not decide fairly".... [...] Also noted are the provisions of section 68 of that Act. Subsection 68(2) provides that the Refugee Division shall deal with all proceedings before it as informally and expeditiously as the circumstances and the considerations of fairness permit. [...] [29] For the Federal Court of Appeal in Kanagasekarampillai v. Canada (Secretary of State) (1994), 169 N.R. 119, Stone J.A. expressed the principle in Mahendran, supra, in dealing with a member's interventions in these terms at paragraph 12:
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2,495.
Eyeball Networks Inc. v. The Queen - 2019 TCC 150 - 2019-07-18
Tax Court of Canada Judgments[....] (c) a person with whom the person was not dealing at arm’s length, [...] (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 [...] A person with whom the transferor was not dealing at arm's length. 4) The fair market value of the property transferred must be equal to or exceed the fair market value of the consideration given by the transferee.
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2,496.
Banik v. Canada (Citizenship and Immigration) - 2013 FC 777 - 2013-07-11
Federal Court Decisions[5] In the Applicant’s plan, he noted that he and his wife are both medically trained, and his wife has received special training in dealing with children who experience developmental delays. [...] Procedural Fairness [61] The Applicant clearly believed he would be required to pay the amount set forth in the procedural fairness letter and provided evidence that he could do so. [...] The Officer committed no reviewable error in dealing with the matter based on the information available.”
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2,497.
Clarke v. Canada (Citizenship and Immigration) - 2009 FC 357 - 2009-04-08
Federal Court Decisions[8] The Applicant says that she was denied procedural fairness because of adverse credibility findings, that the state protection finding was unreasonable, and that there was a breach of procedural fairness in that the decision was made on an incomplete Certified Record. [...] [9] The first issue, that of the adverse credibility findings, is not a procedural fairness matter but an evidentiary issue. [...] [13] The last issue deals with the fact that the record on which the decision was made did not include the Jamaican police abstract regarding Vessel’s assault conviction in respect of the Applicant.
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2,498.
Leuthold v. Canadian Broadcasting Corporation - 2007 FC 7 - 2007-01-19
Federal Court Decisions[8] This category deals with causation/ damages and contains 17 questions. [...] True, the plaintiff at paragraph 12 of her Reply makes reference to said wording, but said paragraph 12 is there to form part of the allegations of the plaintiff that contrary to what the CBC claims in its Statement of Defence, CBC’s use of the Stills would not constitute a fair dealing within the meaning of section 29.2 of [...] [17] This one question category is entitled Course of dealing. Questions 61 request the plaintiff to provide the name of the agency that would handled the plaintiff’s photographs in relation to the usage of the Stills by Newsweek.
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2,499.
Kona Concept Inc. v. Guimond Boats Ltd. - 2005 FC 214 - 2005-02-10
Federal Court DecisionsThe record would suggest that Guimond was dealing with both an individual and a corporation interchangeably. [...] This is a case where fairness dictates that the Court should permit substitution for the correct party. [...] That function is reserved to the provinces, each of which has their own regime to deal with foreign judgments.
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2,500.
Aman v. Canada (Minister of Citizenship and Immigration) - 2004 FC 827 - 2004-06-08
Federal Court DecisionsThe Board did not believe that the shooting had taken place and further, based on the documentary evidence, that such a council, as described by the applicants, existed and had the authority to deal with the matter. [...] [7] The applicants argue that they were denied procedural fairness in that first, the Board member could not have referred to a complete record of the hearing prior to making his decision and second, that they were denied access to a complete record in bringing this application. [...] It is clear that the Board gave a great deal of weight to a Response to Information Request from the Research Directorate of the IRB, dated February 4, 2003, in which it was found, "Information on a decision-making body that is comprised of representatives of different tribes and deals with tribal revenge cases could not be