11,312 result(s)
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3,126.
Level v. Canada (Public Safety and Emergency Preparedness) - 2008 FC 227 - 2008-02-21
Federal Court DecisionsThe question is whether the applicant had the opportunity of dealing with the evidence. [...] Baker, supra, also restored to the mainstream of procedural fairness analysis the task of determining the content of the duty of fairness owed by immigration officers when making inland H&C decisions. [...] If the Enforcement Officer is relying on extrinsic evidence, the duty of fairness applies.
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3,127.
Alexander v. Canada (Solicitor General) - 2005 FC 1147 - 2005-08-23
Federal Court DecisionsThe provision and adequacy of reasons is a matter of procedural fairness. [...] Family law cases often deal with the allocation of rights of custody. [...] Mr. Justice Evans, while a member of this Court, observed at paragraph 31 that the duty of fairness normally only requires reasons to be given on the request of the person to whom the duty of fairness is owed and, in the absence of such request, there will be no breach of the duty of fairness if reasons are not provided.
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3,128.
Uyghur Rights Advocacy Project v. Canada (Attorney General) - 2023 FC 126 - 2023-01-26
Federal Court Decisions[62] Justiciability, sometimes called the “political questions objection,” concerns the appropriateness and ability of a court to deal with an issue before it. [...] Some questions are so political that courts are incapable or unsuited to deal with them, or should not deal with them in light of the time-honoured demarcation of powers between the courts and the other branches of government. [...] (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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3,129.
Canadian Wheat Board v. Canada (Attorney General) - 2008 FC 769 - 2008-06-19
Federal Court DecisionsIn 1947, the Act was amended to permit the Board to deal with grains other than wheat and extending certain of its monopoly powers. [...] If advocacy was of serious financial concern, then all advocacy for or against, would be the only sound basis for dealing with that concern. [...] It does not sufficiently delineate any area of risk, and thus can provide neither fair notice to the citizen nor a limitation of enforcement discretion.
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3,130.
Sand, Surf & Sea Ltd v. The Queen - 2008 TCC 96 - 2008-03-11
Tax Court of Canada JudgmentsThe amount used as the fair market value of the property for the purposes of subsection 191(1) of the Act (which was also the book value of the property) was $206,982 and therefore the amount that was used as the fair market value of the area that was determined to be a single unit residential complex was $46,071 or 22.5% [...] The manager attempted to deal with it. The staff attempted to deal with it. [...] I said I would deal with it on my way out. ... This was in 1998, in August of 1998.
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3,131.
Amnesty International Canada v. Canadian Forces - 2007 FC 1147 - 2007-11-05
Federal Court DecisionsSuffice it to say at this juncture that the applicants have satisfied me that the application raises one or more serious issues and that the applicants have a fairly arguable case. [...] That responsibility rests with the judge dealing with the merits of the application for judicial review. [...] According to the applicants, Afghan authorities deal with individuals at the insistence of the Canadian Forces, on the basis of evidence gathered by Canadian state actors.
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3,132.
Wu v. Canada (Attorney General) - 2016 FC 722 - 2016-06-24
Federal Court Decisions[5] For the reasons that follow, I have concluded that the Decision was neither unreasonable nor procedurally fair. [...] In this context, and considering that the burden was on her to demonstrate that she was not in fact a “close associate” of her ex-spouse, it was not unreasonable for the Minister’s delegate to choose not to explicitly deal with the steps that she took to distance herself from her ex-spouse after discovering his involvement [...] [68] Ms. Wu submits that she was denied procedural fairness because the Decision was made without due regard to the material.
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3,133.
Mitchell v. Canada (Attorney General) - 2015 FC 1117 - 2015-09-28
Federal Court DecisionsA. Was there a breach of procedural fairness, as a result of inadequacy in the reasons supporting the Minister’s decision? [...] The reliable human source information, the RCMP investigation and the TPS observations of his drug deals were more than sufficient to support the Advisory Body and Director General’s belief. [...] [15] Moreover, 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.
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3,134.
Timm v. Canada (Attorney General) - 2012 FC 505 - 2012-05-02
Federal Court Decisions[3] The Minister needed a great deal of time to issue a decision in Mr. Timm’s case. [...] Although the Minister must act fairly, he found that this duty of fairness is less than that applicable to judicial proceedings. [...] body is under a duty to act fairly; but that which fairness requires depends on the nature of the investigation and the consequences which it may have on persons affected by it.
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3,135.
Yahie v. Canada (Citizenship and Immigration) - 2008 FC 1319 - 2008-11-26
Federal Court DecisionsThe Applicants say this means that the Officer breached the duty of fairness. [...] [27] The Respondent maintains that there was no breach of the duty of fairness by the Officer. [...] [29] First of all, I do not see any procedural fairness problems on the facts of this case.
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3,136.
Majeed v. Canada (Public Safety) - 2007 FC 1082 - 2007-10-19
Federal Court DecisionsThis is because the jurisprudence is clear: this Court will deal only with the grounds of review invoked by an applicant in his or her Notice of Application for Judicial Review. [...] [28] Mr. Majeed’s bias argument raises a question of procedural fairness. [...] [51] Mr. Majeed argues that the Minister’s delegate failed to accord him a fair hearing, as the delegate was biased against him.
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3,137.
Rogers Cablesystems Ltd. v. Roe - 2000-09-08
Federal Court Decisions[13] An adjudicator was appointed on January 8, 1999 to deal with Ms. Roe's complaint of unjust dismissal and the hearing, which lasted for 8 days, commenced on March 15, 1999. [...] Unlike some other country's legislation, which expressly encompasses the notion of unjust selection procedures in layoffs, s. 240 does not empower adjudicators to review the intrinsic fairness of such procedures. [...] However, the issue was fully argued before me and I will deal with it briefly.
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3,138.
Choi v. Canada (Attorney General) - 2022 FC 265 - 2022-02-25
Federal Court DecisionsWith respect to the allegations of harassment, it appears that the Respondent took appropriate action to deal with the harassment shortly after being notified of the harassing events and took effective steps to prevent the conduct from recurring; [...] Deference is not required, however, in the context of a review of the fairness of the process including the thoroughness of the investigation. [...] [43] The Applicant was afforded procedural fairness. [44] For the reasons above, this Application is dismissed.
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3,139.
Johnny v. Adams Lake Indian Band - 2017 FC 156 - 2017-02-08
Federal Court DecisionsA. The Content of the Duty of Procedural Fairness Owed to the Applicants [...] The conflict of interests provisions of the Band’s Code of Conduct and Ethics Policy to which the Applicants refer have to do with the Band employees’ work and dealings as employees of the Band, not as members of the Panel. [...] • f) Ms. Yamara was also in a conflict of interest situation as she had a pending employee complaint against a Band member that she asked the Council to deal with; and
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3,140.
Canada (Attorney General) v. Zone3-XXXVI Inc. - 2016 FCA 242 - 2016-09-27
Federal Court of Appeal DecisionsHosted by Chantal Lamarre, On passe à l’histoire is a new general knowledge quiz that is both fun and educational, with each episode dealing with the life and times of a real historical or contemporary figure. [...] [27] The same does not hold true for questions involving the application of the rules of procedural fairness. [...] [43] It is not disputed that the requirements arising from the concept of procedural fairness must be adapted according to the specific context of each case.
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3,141.
Chopra v. Canada (Attorney General) - 2005 FC 595 - 2005-04-29
Federal Court DecisionsIssue 3: The PSIO provided the appropriate level of procedural fairness [...] No greater level of procedural fairness was required under the Policy. [...] The above excerpts persuade me that the report was to deal with more than just the issue of five new drug submissions for Component with Tylan products.
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3,142.
Yuan v. Canada (Citizenship and Immigration) - 2013 FC 230 - 2013-03-12
Federal Court DecisionsThree workers there did not know Mr Yuan, but a fourth, the head of the BBQ section, stated that Mr Yuan worked there but was absent either because a family member was visiting or because he had a personal matter to deal with in Beijing. [...] [14] The officer gave Mr Yuan a fair opportunity to address concerns about his employment history. [...] He was given a fair chance to address that concern and did so with extensive evidence supporting his application.
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3,143.
Zaffar v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 680 - 2002-06-14
Federal Court DecisionsFairness dictates, on the facts of this case, that the visa officer should have given the applicant an opportunity to explain the inconsistency which she learned about from his employer. [...] There was a breach of the duty to act fairly towards the applicants. [16] The respondent submitted that even if an error was made, then the error was not material. [...] [17] Because of my finding on the first issue, I need not deal with the remaining issue.
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3,144.
Canada (Attorney General) v. Asselin - 1999-10-13
Federal Court of Appeal DecisionsThe cases were clear: an appeal board, whether it was dealing with general qualifications (Canada (Attorney General) v. Blashford, [1991] 2 F.C. 44 (C.A.)) or with a linguistic profile (Canada (Attorney General) v. Viola, [1991] 1 F.C. 373 (C.A.)), could address itself only to the process by which the Commission selected a [...] 12.1 La Commission peut réviser les qualifications établies par un administrateur général pour les nominations à tel poste ou telle catégorie de postes afin de faire en sorte que ces qualifications satisfassent au principe de la sélection au mérite. [...] Section 12.1, which follows section 12, allows the Commission to "review any qualifications established by a deputy head" in order "to ensure that the qualifications afford a basis for selection according to merit" ("afin de faire en sorte que ces qualifications satisfassent au principe de la sélection au mérite") (our
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3,145.
Syal v. Canada (Attorney General) - 1999-06-30
Federal Court Decisions...in respect of a request for the cancellation or waiving of penalties and interest relating to 1996 tax assessment under the "Fairness Legislation", subsection 220(3.1) of the Income Tax Act1. [...] Mr. Justice Pratte specifically deals with the right to make oral representations, and, as counsel for the respondent has indicated to the Court, save in exceptional circumstances, it is not a breach of fairness to deny a right to make oral representations where the decision-marker has full discretion. [...] So I cannot agree with you that there was here a breach of a duty of fairness, nor can I conclude on the basis of all the material before me that the decision of the Minister was made in bad faith.
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3,146.
Zhou v. Canada (Citizenship and Immigration) - 1998-03-02
Federal Court DecisionsBreach of Fairness: [9] The applicant claims that she was not given the opportunity to answer questions because of the Officer's attitude towards her English. [...] [13] The applicant submits that the Officer breached her duty of fairness when she misrepresented the purpose of the interview. [...] [22] In dealing with the grievances which do have some degree of merit, I must decide if individually or collectively, they are of a nature to invite the Court's intervention by way of judicial review.
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3,147.
Aghaalikhani v. Canada (Citizenship and Immigration) - 2019 FC 1080 - 2019-08-16
Federal Court DecisionsHe further contends that the principles of procedural fairness were not respected. [...] Given that conclusion, I do not have to deal with Mr. Aghaalikhani’s arguments raising procedural fairness issues. [...] [27] Given my conclusion on the unreasonableness of the Officer’s Decision, I do not have to deal with the procedural fairness issue raised by Mr. Aghaalikhani.
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3,148.
Walsh v. Canada (Attorney General) - 2015 FC 230 - 2015-02-23
Federal Court Decisions[10] On January 29, 2013, a Section 40/41 Report was issued by the Commission recommending that the Commission not deal with the Complaint as it was vexatious pursuant to section 41(1) of the Canadian Human Rights Act, RSC 1985, c H-6 (the Act). [...] The respondent identifies the two issues as whether the Commission breached its duty of procedural fairness, and whether the decision of the Commission was reasonable. [...] [34] In light of the above, it is not necessary to consider the applicant’s procedural fairness arguments regarding document disclosure, adequacy of reasons, and the right to be heard.
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3,149.
B376 v. Canada (Citizenship and Immigration) - 2013 FC 1141 - 2013-11-08
Federal Court Decisions4. Did the Member fail to afford fairness to the Applicant in respect of the amendments to his PIF respecting payment of a bribe to exit the country? [...] [13] To deal with this issue the Court first must consider the findings of the Member on the evidence to determine whether they were sufficiently critical to trigger a subsection 108(4) inquiry. [...] 4. Did the Member fail to afford fairness to the Applicant in respect to the amendments to his PIF respecting payment of a bribe to exit the country?
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3,150.
Vilvaratnam v. Canada (Citizenship and Immigration) - 2013 FC 154 - 2013-02-13
Federal Court Decisions3. Whether the officer breached the duty of fairness by failing to provide adequate reasons. [...] [19] The applicant also argues the officer breached the duty of fairness by failing to provide adequate reasons. [...] [25] Adequacy of reasons is no longer a matter of procedural fairness or an independent ground of review (see Newfoundland and Labrador Nurses' Union v Newfoundland and Labrador (Treasury Board), 2011 SCC 62, [2011] 3 SCR 708).