11,312 result(s)
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2,851.
Singh v. Canada (Citizenship and Immigration) - 2016 FC 904 - 2016-08-09
Federal Court Decisions1. In the circumstances of this case, did the Visa Officer who refused the application for permanent residence under the self-employed category breach the principles of fairness by: [...] The issues raised in 1c, 1d, 1f, and 1g are about whether the Visa Officer overlooked or ignored facts and are not procedural fairness issues. [...] I will deal with each in turn. A. Procedural Unfairness – Poison Pen Letters
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2,852.
Es Sayyid v. Canada (Citizenship and Immigration) - 2011 FC 489 - 2011-04-21
Federal Court Decisions6. Whether the officer breached the duty of fairness in failing to provide clear reasons. [...] I wish to first deal with the analysis relating to the best interests of the Canadian born children. [...] [40] Because of my finding on this issue, I need not deal with the remaining issues.
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2,853.
Yazdani v. Canada (Citizenship and Immigration) - 2010 FC 885 - 2010-09-09
Federal Court Decisions[24] The question of whether an immigration officer has provided an applicant with a meaningful opportunity to respond to the visa officer’s concerns is a question of procedural fairness. [...] [25] Questions of procedural fairness are assessed on a correctness standard. [...] [60] The Respondent must necessarily have regard to maintaining the objectives of the IRPA in a manner fair to deserving applicants for immigration visas.
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2,854.
Hee Lee v. Canada (Citizenship and Immigration) - 2008 FC 368 - 2008-03-20
Federal Court DecisionsIt is certain, with Baker, that the interests of the children are one factor that an immigration officer must examine with a great deal of attention. [...] [29] No breach of procedural fairness occurred due to the incompetence of the Applicants’ representative. [...] Our three sons will face tremendous difficulties in dealing with their studies and daily life.
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2,855.
Khadr v. Canada (Attorney General) - 2008 FC 46 - 2008-01-15
Federal Court Decisions3. The appointment of an amicus curiae is necessary in order to ensure a full and fair hearing of the issues raised in these proceedings. [...] The Court of Appeal upheld the fairness of the process in the circumstances in which it arose: the application had been made in the middle of a jury trial, the legislation was new and there were very few security cleared counsel then available. [...] In Named Person, an Extradition Judge had appointed an amicus to assist him in dealing with an issue of informer privilege.
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2,856.
Lim v. Canada (Minister of Citizenship and Immigration) - 2005 FC 657 - 2005-05-10
Federal Court DecisionsIt is therefore incumbent on the Department to adopt a flexible and constructive approach in its dealings with the Program's participants. [...] [26] It is also difficult to reconcile the denial of this application with the following requirement of procedural fairness set out in Choi, supra: [...] Fairness may, perhaps require no more than the accurate presentation of information.
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2,857.
Paqueo v. Canada (Customs and Revenue Agency) - 2005 FC 38 - 2005-01-14
Federal Court Decisions[5] I would observe that a status review takes place not so much to bring about an end to a matter but rather, if at all possible, is a tool to move a matter forward, if that is reasonably fair and possible in all of the circumstances. [...] Mr Paqueo's material deals with delay, but only to an exceedingly limited extent does it propose any solution. [...] [30] Status review does not focus on bringing a matter to an end, but rather, if at all possible, should be looked upon as a means to move an application or an action forward, if that is a reasonable outcome, fair and possible in all of the circumstances.
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2,858.
Actton Transport Ltd. v. Canada (Minister of Labour) - 2004 FCA 182 - 2004-05-05
Federal Court of Appeal Decisions[6] Part III of the Code deals with "Standard hours, wages, vacations and holidays". [...] b) il est interdit à l'employeur de faire ou laisser travailler un employé au-delà de cette durée. [...] They deal with the hours of work of motor vehicle operators including city motor vehicle operators, highway motor vehicle operators and bus operators.
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2,859.
Therriault v. Canada (Department of Indian Affairs and Northern Development) - 2003 FCT 439 - 2003-04-16
Federal Court Decisions[2] Because these applications for judicial review stem from the same facts, I will deal with them in parallel, distinguishing between them by using their respective grievance numbers. [...] [12] The only allegation that the departmental investigator upheld was the one dealing with a comment made by the applicant attacking Ms. Picard's credibility and insulting her. [...] d) to receive fair treatment; ... e) ... [50] In these circumstances, it is clear that the applicant was deprived of her right to a hearing.
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2,860.
Professional Institute of the Public Service of Canada v. Canada (Customs and Revenue Agency) - 2002 FCT 119 - 2002-01-30
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; [...] (2) No collective agreement may deal with matters governed by the staffing program. [...] I shall therefore deal with the two separately. [21] Declaration The Prothonotary found that there was a justiciable issue with respect to the recourse policy implemented by the appellant.
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2,861.
Ngo v. Canada (Citizenship and Immigration) - 1997-06-17
Federal Court DecisionsIs there is a higher standard of fairness required under paragraph 53(1)(d) as opposed to subsection 70(5)? [...] 4. Did the Minister breach her duty of fairness by miscategorizing, omitting evidence and misstating evidence? [...] Strayer J.A. went on to deal with questions 2 and 3 even though he stated, strictly speaking, he need not do so.
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2,862.
Arctos Holdings Inc. v. Canada (Attorney General) - 2017 FC 553 - 2017-06-06
Federal Court Decisions[27] Nor is there a free-standing obligation to the general public of a duty of fairness in administrative law decisions in which the public is not directly affected. [...] If PWGSC owed the appellants a duty of fairness and awarded the contract to CSMG in breach of that duty, they would be "directly affected" by the impugned decision. [...] If they do not have a right to procedural fairness, that should normally conclude the matter.
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2,863.
Piot v. Canada - 2016 FC 1077 - 2016-09-23
Federal Court DecisionsThe Defendant made no attempt to justify the appraisal as representing fair market value. [...] [90] In summary, I conclude that the preconditions to this Court’s jurisdiction to deal with the rental rate have been met. [...] Given that there is no agreement on the rental rate, it remains then to deal with the methodology to be applied to determine that rent.
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2,864.
Malhi v. Canada (Citizenship and Immigration) - 2023 FC 392 - 2023-03-21
Federal Court Decisions[12] With respect to the first issue, procedural fairness is a matter for the Court to determine. [...] A Court assessing a procedural fairness question is required to ask whether the procedure was fair, having regard to all of the circumstances [see Canadian Pacific Railway Company v Canada (Attorney General), supra at para 54]. [...] [14] Section 40 of the IRPA deals with inadmissibility due to misrepresentation.
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2,865.
Mohamud v. Canada (Citizenship and Immigration) - 2021 FC 1140 - 2021-10-26
Federal Court DecisionsA. Did the Officer breach procedural fairness? B. Was the Officer’s decision reasonable? [...] Neither party in this case made submissions on the standard of review for procedural fairness, so I will examine it based on procedural fairness has been met, akin to a correctness standard. [...] A more comprehensive version of the same requirement arises in Patel v Canada (MCI), 2020 FC 77 [Patel], so I will deal with it in my analysis there.
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2,866.
Nasser v. Canada (Attorney General) - 2023 FC 995 - 2023-07-20
Federal Court Decisions[2] Mr. Nasser argues that the CRA breached procedural fairness by not informing him of what document, other than an invoice, he could have provided as proof of his income of $5,500 in 2019. [...] Accordingly, I have not addressed the part of the CRA’s decision dealing with the hair salon. [...] The general presumption of a reasonableness standard of review does not apply to procedural fairness issues (Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65 at paras 23, 77).
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2,867.
Genest v. Conseil de la Nation Atikamekw - 2022 FC 1326 - 2022-09-23
Federal Court DecisionsHis main argument in support of his application for judicial review is about the fairness of the hearing process. [...] [10] There is nothing to suggest that this situation amounts to a breach of procedural fairness. [...] However, the Court’s role in dealing with an application for judicial review is limited, making it impossible for me to ease Mr. Genest’s misfortune.
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2,868.
Lower Nicola Indian Band v. York - 2013 FCA 26 - 2013-02-05
Federal Court of Appeal DecisionsIn my view, on either standard of review, Council’s resolution cannot be sustained in light of article 34(c) and the common law of procedural fairness. [...] [7] In my view, article 34(c) and the common law of procedural fairness mean that Council can only remove a Chief in the following manner: [...] [17] These reasons deal only with the procedural shortcomings in the case.
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2,869.
Canada (Minister of Citizenship and Immigration) v. Rojas - 2002 FCT 802 - 2002-07-18
Federal Court Decisions[14] The CRDD is obliged to afford procedural fairness to the Minister in the exercise of that right. [...] Procedural fairness requires a meaningful opportunity to present relevant evidence and submissions and to have such evidence and submissions fully and fairly considered. [...] The circumstances of this case certainly required the Board to propose a way to start the matter afresh or to discuss with counsel possible ways of starting the proceeding afresh to see if a suitable method could be found to deal with the matter.
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2,870.
Keen v. Canada (Attorney General) - 2009 FC 353 - 2009-04-07
Federal Court Decisions[14] Sections 24 to 26 of the Act provide that the Commission may issue, renew, suspend, amend, revoke or replace licences to deal in a variety of ways with nuclear substances and nuclear facilities. [...] As a fair and objective review of my performance by the government does not seem possible, I would therefore request that the government not take any steps along the lines suggested in your letter until the circumstances of this matter have been fairly and independently reviewed. [...] However, there may be occasions where a public law duty of fairness will still apply.
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2,871.
Momi v. Canada (Citizenship and Immigration) - 2023 FC 1714 - 2023-12-18
Federal Court Decisions[27] At the hearing before the Court, counsel for Mr. Momi, however, acknowledged that the vast majority of this Court’s recent decisions dealing with IFA issues involving refugee claimants from India had not espoused this alleged new current of decisions at the IRB. [...] [46] As rightly observed by counsel for the Minister, there are numerous RAD decisions dealing with IFA findings involving refugee claimants from India and closely similar fact patterns. [...] They serve to state “how and why a decision was made,” demonstrate that “the decision was made in a fair and lawful manner,” and shield against “the perception of arbitrariness in the exercise of public power” (Vavilov at para 79).
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2,872.
Olah v. Canada (Citizenship and Immigration) - 2019 FC 401 - 2019-04-03
Federal Court DecisionsMr. Olah stated in the amended narrative: “I am certain that I will deal with Meszaros if ever I find myself in Hungary. [...] Fairness requires that the claimant have a reasonable opportunity to respond to any concerns the member may have about the claim. [...] In fairness to the member, counsel for the claimants at the hearing (not Ms. Lee) offered no assistance in this regard.
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2,873.
Ye v. Canada (Attorney General) - 2016 FC 35 - 2016-01-11
Federal Court DecisionsThe Appeal Division is satisfied that the Board conducted a thorough and fair risk assessment, and that the Board’s decision to deny your day parole was not unreasonable. [...] For issues of procedural fairness, the applicable standard is correctness. [...] This asserted breach of procedural fairness arose when the Board relied upon an allegedly undisclosed RCMP Bail Report implicating Mr. Ye’s wife in his criminal activities.
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2,874.
Anderson v. IMTT-Québec Inc. - 2013 FCA 90 - 2013-03-28
Federal Court of Appeal DecisionsThe applicant made several complaints about what he alleged were errors, omissions or negligent conduct committed by his fellow managers, which gave rise to a great deal of hostility and a very tense working environment within the company. [...] a) soit il a témoigné — ou est sur le point de le faire — dans une poursuite intentée ou une enquête tenue sous le régime de la présente partie; [...] c) soit il a observé les dispositions de la présente partie ou cherché à les faire appliquer.
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2,875.
Caliskan v. Canada (Citizenship and Immigration) - 2012 FC 1190 - 2012-10-12
Federal Court DecisionsIn the language sometimes used in this field of law, “generalized risk” is exempted from section 97(1) consideration; “personalized risk” is what section 97(1) deals with. [...] 12. Every enactment is deemed remedial, and shall be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objects. [...] [20] The role of humanitarian and compassionate provisions in legislation dealing with refugees who find their way into Canada has been longstanding.