11,312 result(s)
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2,951.
Sivayogan v. Canada (Minister of Citizenship and Immigration) - 2000-12-11
Federal Court Decisions[7] In my view, by relying upon the U.S. Dos Report and the IRB Report, both of which post-dated the applicants' submissions, without providing the applicants with an opportunity to respond, the PCDO breached the duty of fairness owed to the applicants. [...] [9] Whether the failure of an officer to disclose a document breaches the duty of fairness is in every case a question of fact. [...] The failure to advise and to provide the applicants with an opportunity to respond to that information constituted a breach of the duty of fairness.
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2,952.
Kishavarz v. Canada (Minister of Citizenship and Immigration) - 2000-08-15
Federal Court Decisions[14] The applicant submits that these documents ought to have been disclosed to him in advance of the decision: the Minister's reliance upon extrinsic information without affording him an opportunity to respond constitutes a denial of fairness. [...] The Baker decision dealt with the denial of a humanitarian and compassionate application, whereas we are dealing here with the Minister's decision on an application for ministerial relief under paragraph 19(i)(f). [...] [19] The learned judge held that the individual affected should have the opportunity to present his case fully and fairly in a fair, impartial and open process.
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2,953.
Islam v. Canada (Minister of Citizenship and Immigration) - 2006 FC 273 - 2006-03-01
Federal Court Decisions(2) Was there a denial of fairness? (3) Was the decision of the Citizenship judge otherwise unreasonable? [...] Mixed with the factual issues involved here there are questions of law, in particular the requirements of procedural fairness in dealing with those facts. [...] Denial of Fairness? [9] I have concluded that the Citizenship Judge denied the Applicant a fair hearing by not indicating to him what concerns the Judge had about his evidence, thus denying the Applicant the opportunity to give his response to those concerns.
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2,954.
Dutchak v. United Transportation Union - 2005 FCA 328 - 2005-10-14
Federal Court of Appeal Decisions[9] The intended purpose of this agreement, entered into pursuant to article 63.1 of the collective agreement, was to provide for the temporary transfer of Saskatchewan laid-off employees to Alberta and for the recall of those transferred employees, in order to deal with a shortage of employees in Alberta. [...] [14] In reaching its ultimate conclusion, the Board carefully considered the relevant facts in the light of the jurisprudence applicable to the Union's duty of fair representation. [...] [19] The applicant also raises issues of procedural fairness, but again, he has not offered a factual foundation for these allegations.
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2,955.
Pension Positive Inc. v. The Queen - 2001-08-15
Tax Court of Canada JudgmentsWe consider this discriminatory, since we deal with exempt financial institutions. [...] We are committed to applying the tax laws in a consistent and fair manner. . . . [...] shall be fair and reasonable and shall be used consistently by the person throughout the year.
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2,956.
Tdx Exploration and Mining Ltd. v. Canada - 1999-06-07
Federal Court Decisions[7] Mr. Justice Rouleau commented on the "fairness provision" in Kaiser v. M.N.R. (1995), 95 D.T.C. 5187, at 5188: [...] The purpose of this legislative provision is to allow Revenue Canada, Taxation, to administer the tax system more fairly, by allowing for the application of common sense in dealing with taxpayers who, because of personal misfortune or circumstances beyond their control, are unable to meet deadlines or comply with rules [...] Rather, the Court must determine whether the decision was made fairly, not arbitrarily or in bad faith.
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2,957.
Kinetic Construction Ltd. v. Canada (Attorney General) - 1999-04-22
Federal Court Decisions[2] Before dealing with the merits of the present motion, there is a procedural aspect, being the general barrier against using a motion to strike out an application for judicial review. [...] [10] The case of the Applicants is that a Regional Director of the Department of Labour, in making decisions pursuant to section 4 of the Fair Wages and Hours of Labour Regulation, C.R.C., c. 1015 and section 6 of the Fair Wages and Hours of Labour Act, R.S.C. 1985, c. L-3 (the "Act") set the fair wage rate for federal [...] The news release goes on to say that fair wage schedules, presumably the provincial schedules, will be adopted where they are current, that the Department of Labour is discussing the matter with Statistics Canada to explore ways of making surveys to develop wage schedules for other jurisdictions and that "an advisory panel
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2,958.
Bossé v. Canada (Attorney General) - 2015 FC 1143 - 2015-10-06
Federal Court DecisionsHe also determined that the Applicant had been treated fairly in accordance with the applicable rules, regulations and policies and that he was not prepared to grant the redress sought by the Applicant. [...] [29] In his decision dated January 22, 2015, the FA determined that the Applicant had been treated fairly and that his request for VRPSM was denied as a result of him changing his release date. [...] [47] It is true that a decision-maker need not deal with every issue raised by the parties.
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2,959.
Tian v. Canada (Citizenship and Immigration) - 2011 FC 1148 - 2011-10-11
Federal Court DecisionsThis, the Applicant submits, is a question of natural justice, procedural fairness and law. [...] It deals with section 25 of the Act and with a foreign national applying for permanent residence in Canada. [...] It does not deal with paragraph 67(1)(c) of the Act, with a permanent resident under an exclusion order or with the Ribic factors.
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2,960.
Bernard v. Canada (Attorney General) - 2010 FCA 40 - 2010-02-08
Federal Court of Appeal Decisions[9] The Board decided to deal with the complaints by way of written representations. [...] It also rejected the union’s argument that the failure to provide the requested information was a breach of its duty of fair representation. [...] [45] Given this disposition of the application, it would be premature to deal with the issues of the violation of Ms. Bernard’s right of freedom of association.
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2,961.
Sports Interaction v. Jacobs - 2007 FC 38 - 2007-01-19
Federal Court Decisions[5] The application judge did not deal with the substantive issues that would determine the final outcome of the case. [...] [22] Consequently, the adjudicator did not deal with the question of its jurisdiction in its decision. [...] In the matter before us, the Applicant has provided little or no information about the Applicant’s constitution and business to permit a fair and in-depth analysis of the grounds of his claim that the Adjudicator was without jurisdiction to hear the matter.
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2,962.
Sachs v. Air Canada - 2006 FC 673 - 2006-06-01
Federal Court Decisions[6] The investigator appointed under the provisions of section 127.1(9) of Part II of the Canada Labour Code was a person whom the union alleges was not fair, impartial or unbiased. [...] [19] The provisions under review deal with appeals of decisions or directions relating dangers in the workplace. [...] The union seeks to challenge this decision on the bases of bias and lack of fundamental fairness, as previously discussed.
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2,963.
Vibe Ventures LLC v. 3681441 Canada Inc. - 2005 FC 1650 - 2005-12-05
Federal Court Decisions[16] With his evidence in chief, Mr. Gibbs filed copies of various Vibe magazine covers over the years, a fairly current copy of the entire magazine and a breakdown of the type of advertising to be found therein. [...] This case does not deal with the passing off recourse or statements alledged to be disparaging, but rather whether VIBE Design should remain on the Register kept by the Registrar of Trade-Marks. [...] [43] The case before me simply deals with registration. We are not concerned with goodwill, or unfair trading.
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2,964.
Hamilton v. The Queen - 2005 TCC 625 - 2005-09-21
Tax Court of Canada JudgmentsHe tried to justify his result by testifying that the only fair way to assess the Appellant's income was by using the cash method. [...] [7] I should at this stage deal with the Appellant's argument concerning the onus of proof. [...] Subject to certain specific issues that I shall deal with shortly, the parties agreed as to the expenses as follows:
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2,965.
Gordon v. Canada (Minister of National Defence) - 2005 FC 335 - 2005-03-08
Federal Court Decisions[9] Chapter 21 of the Regulations under the Act, the Queen's Regulations and Orders for the Canadian Forces, deals with summary investigations and boards of inquiry. [...] [23] Joyal J. concluded that the case did not deal so much with constitutional rights as with a public policy decision to exclude the public. [...] Although the exceptions to an open-court system must be narrowly construed, public access must be balanced taking into account such issues as privacy and the right to a fair trial.
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2,966.
Bayer Inc. v. Apotex Inc. - 1998-12-16
Federal Court DecisionsThe device depends only on liquid imbibition to deliver the drug at a controlled rate, which rate remains fairly constant over the gastrointestinal tract. [...] The case of Pharmacia Inc. v. Canada (1994), 58 C.P.R. (3d) 209 (F.C.A.) deals with this. [...] [34] I should add that the courts have had only limited experience in dealing with motions to dismiss in summary proceedings.
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2,967.
Hollinger Inc. v. The Queen - 1998-08-05
Tax Court of Canada JudgmentsIt did not involve a great deal of risk ($4,000,000) in comparison to the anticipated huge tax advantage ($56,861,990). [...] (iii) the fair market value, immediately after the disposition, of all shares of that class so owned by him, [...] (iv) the fair market value, immediately after the disposition, of all shares of the capital stock of the corporation so owned by him.
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2,968.
Corbett v. Canada - 1996-10-30
Federal Court of Appeal DecisionsParagraph 79(c) provides a useful code for the fair and consistent treatment of dispositions where no definite figure is involved. [...] When a taxpayer engages in business activity in response to an express inducement by the Government and the legality of that activity is confirmed in an Interpretation Bulletin, it is only fair to seek the meaning of the legislation in question in that bulletin also. [...] appeal on the second issue, dealing with the deductibility of interest, should be dismissed.
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2,969.
Jones v. The Queen - 2011 TCC 563 - 2011-12-14
Tax Court of Canada Judgments16 So, there has been a great deal written by myself, my colleagues and former colleagues on this question of the scope of discovery. [...] [29] I will deal with this objection at the same time as I deal with the refusals. [...] [13] As I noted in footnote 3 above, a great deal of information was brought before the Court unopposed.
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2,970.
Dene Tha' First Nation v. Canada (Minister of Environment) - 2006 FC 307 - 2006-03-09
Federal Court DecisionsTherefore, the judicial review should be stayed until all of the processes or proceedings created have completed their mandates - then the Court can deal with whether the establishment of the overall process is legally adequate in accordance with the duty to consult and accommodate. [...] The Dene Tha' say that with the exception of a press release on the NEB website shortly before the EIS Terms of Reference were finalized, they were never consulted about the establishment of the process to deal with the approvals for the MGP. [...] The situation was fairly addressed by the JRP in refusing the Dene Tha's request to the JRP not to schedule hearings pending this stay motion:
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2,971.
Huard v. M.N.R. - 2003 TCC 499 - 2003-07-31
Tax Court of Canada Judgments[27] The work resumptions were triggered by fairly particular conditions in that they always occurred after the number of weeks of employment insurance had been entirely exhausted. [...] The legislator has set down specific tests for determining whether a contract of employment has been shaped or affected by non-arm's length dealing between the parties to the contract of employment. [...] The legislator essentially wanted to prevent the abuses that can be made easier where the parties of the contract of employment are not dealing with each other at arm's length.
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2,972.
Ngueliega Leuga v. Canada (Citizenship and Immigration) - 2021 FC 661 - 2021-06-24
Federal Court DecisionsHis application is based on the principles of procedural fairness. Specifically, Mr. Leuga criticizes the officer for two breaches of procedural fairness at his hearing. [...] [14] Mr. Leuga submits that the officer breached his right to a fair hearing and procedural fairness for two reasons, but only one of them allows me to dispose of this application. [...] [29] For all these reasons, I find that Mr. Leuga’s right to procedural fairness has been violated.
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2,973.
Mazhandu v. Canada (Public Safety and Emergency Preparedness) - 2017 FC 492 - 2017-05-11
Federal Court Decisions[15] Section 5.1 which deals with procedural fairness states: “It is important for the Minister’s delegate to make notes detailing the process followed in exercising his decision-making powers”. [...] 36 This is one of those rare cases where there was a breach of procedural fairness but where the remedy should not be the quashing of the decision. [...] Certainly a failure to afford a fair hearing, which is the very essence of the duty to act fairly, can never of itself be regarded as not of "sufficient substance" unless it be because of its [page 661] perceived effect on the result or, in other words, the actual prejudice caused by it.
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2,974.
Abdou v. Canada (Citizenship and Immigration) - 2014 FC 500 - 2014-05-26
Federal Court DecisionsB. Did the Judge breach the duty of procedural fairness? II. Standard of Review [...] • Documents regarding financial and real estate dealings. [8] The Applicant did not submit a passport which covered the period from September 10, 2004, to May 4, 2009. [...] Given the necessary procedural fairness afforded to applicants in citizenship applications and the centrality of this issue to the Applicant’s claim, I find that there was a breach of procedural fairness.
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2,975.
Mancuso v. Canada (National Health and Welfare) - 2014 FC 708 - 2014-07-16
Federal Court Decisions(d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or [...] [19] The purpose of pleadings, the Defendants argue, is to clearly define the issues in dispute and give fair notice of the case to be met by the other side. [...] [69] My reading of these paragraphs in the CLAIM section is that 1(b)(i) only deals with the “reverse onus” aspect of enforcement and that 1(b)(ii) only deals with over breadth with respect to NPN licensing and compliance costs.