11,312 result(s)
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2,776.
Democracy Watch v. Canada (Attorney General) - 2021 FC 613 - 2021-06-15
Federal Court Decisions(d) may prejudice or delay the fair trial of the action, d) qu’il risque de nuire à l’instruction équitable de l’action ou de la retarder; [...] It is therefore not necessary to deal with the Attorney General’s other preliminary objections. [...] In my respectful view, the interests of the subjects of an investigation and Reports by the Lobbying Commissioner must, in the interest of basic fairness, be considered.
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2,777.
Seklani v. Canada (Public Safety and Emergency Preparedness) - 2020 FC 778 - 2020-07-23
Federal Court DecisionsAt the committal stage, the presiding judge must ensure that the committal order, if it is to issue, is the product of a fair judicial process. [...] Part 2 of the IRPA deals with refugee protection and is divided into three divisions. [...] Division 1 deals with “Refugee Protection, Convention Refugees and Persons in Need of Protection”, Division 2 deals with “Convention Refugees and Persons in Need of Protection”, and Division 3 deals with “Pre-removal Risk Assessment”.
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2,778.
Landrus v. The Queen - 2008 TCC 274 - 2007-05-02
Tax Court of Canada JudgmentsThis would have triggered a terminal loss in the same way that the disposition of the assets at fair market value to RPM did. [...] The fair market value of the property was therefore substantially less than its undepreciated capital cost and this resulted in a terminal loss under subsection 20(16) of the Act. [...] The Income Tax Act is no exception and contains numerous provisions, commonly referred to as “stop-loss rules”, that are intended to deal with this concern. . .
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2,779.
Canada (Minister of Citizenship and Immigration) v. Medovarski - 2004 FCA 85 - 2004-03-03
Federal Court of Appeal DecisionsTherefore, it cannot be said that "faire l'objet d'un sursis" always has a broader meaning than "granted a stay". [...] The duty of fairness does not require that considerations of this kind be the subject of an appeal to an independent tribunal. [...] A review of the specific grounds of removal shows that, for the most part, they deal with criminality, domestic or international, and threats to Canada's security.
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2,780.
Canada (Citizenship and Immigration) v. Modaresi - 2016 FC 185 - 2016-02-11
Federal Court DecisionsAs has been seen above, the Defendant made numerous false representations and knowingly concealed material circumstances in his dealings with Canadian authorities. [...] It also posited a test that asks “whether the community’s sense of fairness would be offended by the delay”: Blencoe at paras 121-122. [...] [64] Therefore I will deal with the delay issue, and then with the prejudice issue.
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2,781.
Patry v. Canada (Attorney General) - 2011 FC 1032 - 2011-08-31
Federal Court DecisionsAs a consequence, I am not prepared to give a great deal of weight to the information contained in Ms. Curtis’ affidavits, particularly where it relates to the Patrys’ opinions and characterization of events. [...] There is no suggestion that Mr. Patry actually had any dealings with this person, nor is there any indication of any animus on the part of the employee towards the Patrys. [...] The Patrys acknowledge that they have not had any personal relationship or prior dealings with the investigator herself.
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2,782.
Mugesera c. Canada (Minister of Citizenship and Immigration) - 2001 FCT 460 - 2001-05-10
Federal Court Decisions(b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe; [...] The procedure for the first two allegations is identical and I will deal with them together. [...] (c) during a hearing, receive such additional evidence as it may consider credible or trustworthy and necessary for dealing with the subject-matter before it.
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2,783.
Canada (Attorney General) v. Gregorio - 2022 FC 281 - 2022-03-02
Federal Court DecisionsThis is not unlike cases of alleged breaches of procedural fairness, where applicants are expected to continue to participate in the administrative process and raise their fairness concerns before the original decision maker (see CB Powell at para 33). [...] While not under the legislation before the Court in this matter, the decision is instructive on how the Court ought to deal with applications to review decisions granting leave to appeal an administrative decision. [...] Justice Mactavish at paras 25 and 26 found that there were special circumstances in the matter before her involving issues of procedural fairness:
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2,784.
Mohamed v. Canada (Citizenship and Immigration) - 2019 FC 266 - 2019-03-05
Federal Court DecisionsThe procedural fairness issue will be reviewed on a standard of correctness as per Dunsmuir v New Brunswick, 2008 SCC 9. [...] [19] I find that many of the issues as identified by the Applicant have sub-issues and overlap with each other, so I will deal with them with headings that could be seen as topics of concern. [...] The Applicant’s position is that the RPD member did not afford the Applicant proper procedural fairness by giving the oral decision.
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2,785.
Canadian National Railway Company v. Emerson Milling Inc. - 2017 FCA 86 - 2017-04-26
Federal Court of Appeal Decisions[16] The first ground of appeal, procedural fairness, can be entertained by this Court. [...] Although the issue was placed before the Agency, the Agency did not deal with the issue in any way. [...] [58] As mentioned above, Canadian National fairly conceded that the other two appeals stood with this appeal (A-286-16).
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2,786.
Molnar v. Canada (Citizenship and Immigration) - 2015 FC 345 - 2015-03-23
Federal Court Decisions[29] Justice Gibson concluded that there remained a live controversy concerning procedural fairness. [...] He held that even if he was wrong and the matter had become moot, this was nevertheless an appropriate case in which to exercise his discretion to deal with the matter on its merits. [...] - granting fair consideration to those who come to Canada claiming persecution (paragraph 3(2)(c));
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2,787.
Henry v. Roseau River Anishinabe First Nation - 2014 FC 1215 - 2014-12-16
Federal Court Decisions3. Did the Custom Council owe a duty of fairness to the applicants and did it breach that duty? [...] To deal with this issue, the Court considered whether the Custom Council had the authority to remove. [...] ii. because the requirements of procedural fairness were not met before the Removal Vote was held; and
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2,788.
Lower Nicola Indian Band v. Joe - 2011 FC 1220 - 2011-10-25
Federal Court DecisionsAny existence of a reasonable apprehension of bias would result in a breach of natural justice or procedural fairness. [...] No deference is required in evaluating procedural fairness of the EAC’s decision and it will be reviewed on the standard of correctness (see Canada (Attorney General) v Fetherston, 2005 FCA 111, 332 NR 113 at paragraph 16). [...] [54] Because of my findings on Issue 3, I do not propose to deal with the remaining issues raised in the application.
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2,789.
Arndorfer v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 2007 - 2002-11-26
Federal Court DecisionsThis section of the discussion will focus instead on the extent to which the applicants in the instant case, were denied procedural fairness and, specifically, a fair hearing, on grounds similar to those in the precedents that they cited. [...] In fact, I am dealing with the reliance by the CRDD upon statements freely made to them by the applicants, indicating that they wished to withdraw their claims for refugee status. [...] [56] Rule 33 does not violate the rights of applicants to procedural fairness.
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2,790.
Torales Bolanos v. Canada (Citizenship and Immigration) - 2011 FC 388 - 2011-03-30
Federal Court DecisionsThe Respondent’s assertion that she must rebut a presumption of fair consideration of the Guidelines is not supported by any authority. [...] [47] The oral submissions are brief but they are also fairly comprehensive and refer to the main points regarding state protection and Internal Flight Alternative, which are the determinative issues in the Decision. [...] The Applicant raised at the hearing before me that the RPD did not deal adequately with the Applicant’s daughter when considering state protection.
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2,791.
Canadian Human Rights Commission v. Winnicki - 2005 FC 1493 - 2005-11-28
Federal Court DecisionsSuch a consideration should also give full recognition to other provisions of the Charter, in particular ss. 15 and 27 (dealing with equality rights and multiculturalism). [...] [33] Another factor to be taken into consideration is the fact that truth or fair comment is not a defence in cases of hate messages. [...] As a result of the amendment effected by the proclamation of the Anti-Terrorism Act on December 24, 2001 (S.C. 2001, c. 41, s. 88), subsection 13(2) was added to deal explicitly and clearly with Internet communications.
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2,792.
Kruco Inc. v. The Queen - 1998-04-20
Tax Court of Canada JudgmentsHowever, in reviewing Mr. Wise’s statement of account, I noted references to a determination of the fair value of the shares for the purposes of the Canada Business Corporations Act (CBCA). [...] this matter will not be limited to computation of time multiplied by hourly rate but that an appropriate and fair fee will be worked out on the basis of the usual factors applicable to such fee and on the understanding that the Bernard J. Kruger Family and ourselves will resolve the matter as gentlemen trying to be fair. [...] [21] In addition, counsel for the Minister contended that the application for the remedy against oppression was tantamount to preserving Kruco’s right to be treated fairly.
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2,793.
Liddiard v. Canada Post - 2016 FC 758 - 2016-07-06
Federal Court DecisionsIn August 2008, the Commission again refused to deal with her complaint pursuant to s 41(1)(a) of the Act. [...] In this case, it appears that the arbitration process was fair. [14] The report concluded that the “arbitration procedure had addressed the allegation of discrimination overall”: [...] The Commission noted that two grievances dealing with the same events alleged in the complaint were currently in arbitration.
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2,794.
Interior Networking Group Ltd. v. M.N.R. - 2003 TCC 348 - 2003-05-20
Tax Court of Canada Judgments(i) employment if the employer and employee are not dealing with each other at arm's length. [...] (a) the question of whether persons are not dealing with each other at arm's length shall be determined in accordance with the Income Tax Act; and [...] The only time they diverged was when Mr. Berisoff needed money to support his family and decided to leave the Appellant, whereupon the other two directors offered him $10,000 more per year than they could have and he felt that he could not accept that in fairness to the others and to the Appellant.
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2,795.
Ruz v. Canada (Citizenship and Immigration) - 2018 FC 1166 - 2018-11-20
Federal Court Decisions[31] Issues of procedural fairness are reviewed on the correctness standard. [...] V. Did the Minister’s Delegate breach procedural fairness by not holding an oral hearing? [...] In the present case, there was simply no breach of procedural fairness.
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2,796.
Brown v. Canada (Attorney General) - 2014 FC 1081 - 2014-11-14
Federal Court DecisionsMoreover, both the purpose of the Act and the nature of the question deal with protecting the public by preventing acts of unlawful interference in civil aviation. [...] Was the applicant denied procedural fairness? The Applicant’s position [...] There was no breach of procedural fairness [84] The scope of the duty of procedural fairness varies and depends on the context.
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2,797.
Al Mansuri v. Canada (Public Safety and Emergency Preparedness) - 2007 FC 22 - 2007-01-11
Federal Court Decisions...the principle that the Court will deal only with the grounds of review invoked by the applicant in the originating notice of motion and in the supporting affidavit must, I am satisfied, govern. [...] No deference is owed when determining the fairness of a tribunal's process. [...] The bulletins provided guidance to caseworkers dealing with Libyan asylum claims.
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2,798.
Bentolila v. M.N.R. - 1998-04-22
Tax Court of Canada Judgmentsbe fairly contended that, where depreciable assets were sold by a taxpayer to an entity wholly controlled by him or by a corporation controlled by the taxpayer to another corporation controlled by him, the taxpayer as the controlling shareholder dictating the terms of the bargain, the parties were dealing with each [...] The fact that the parties are themselves not at arm's length does not mean that they may not, in respect of a particular dealing, deal with each other at arm's length. [...] That term should not be read as if the words "dealing with" were not present.
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2,799.
Halifax Employers Association v. Tucker - 2008 FC 516 - 2008-04-21
Federal Court DecisionsThe rest of her complaint deals with her allegation that the testing method is not a bona fide occupational requirement. [...] The duty, to use the words of a former era, is to ensure fair play in action. [...] [14] The applicant filed the affidavit of Mr. More, President of the HEA, but it does deal with this issue at all.
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2,800.
Macdonald v. Canada (Attorney General) - 2005 FC 1326 - 2005-09-29
Federal Court DecisionsThis suggests some type of "dealing within the institution. c. Your girlfriend received $500 from him that was not sent from your institutional funds[...] [...] There is information indicating you have threatened others involved in this deal that did not take place even after being placed in segregation. [...] There was no breach of procedural fairness. Blass defines the duty to be fair narrowly: once the inmate in that case had been apprised of both the grounds of confinement and the existence of information establishing that ground, the fairness principle was satisfied.