11,312 result(s)
-
3,251.
Argueles v. Canada (Minister of Citizenship and Immigration) - 2004 FC 1477 - 2004-10-22
Federal Court DecisionsWhat the adjudicator must do is to scrupulously observe fairness in making his decision on the facts. [...] The fact that the penalty is prescribed, if the respondent is found to be subject to deportation, in no way lessens the fairness of the hearing. [...] [18] Section 11 of the Charter deals with the right of accused persons in criminal and penal matters.
-
3,252.
Lavigne v. Canada (Commissioner of Official Languages) - 2004 FC 1359 - 2004-10-01
Federal Court Decisions[16] Leaving aside the first part of the test, and dealing directly with the second half, the "new evidence" must be capable of altering the outcome of the first trial. [...] [53] The aspect of the plaintiff's action against the Commissioner dealing with the contravention by the latter of section 12 of the Privacy Act should have been raised by the plaintiff in his action against the Commissioner in case T-909-97. [...] ... b) soit don't la divulgation risquerait vraisemblablement de nuire aux activités destinées à faire respecter les lois fédérales ou provinciales ou au déroulement d'enquêtes licites, notamment:
-
3,253.
Tesfagaber v. Canada (Citizenship and Immigration) - 2018 FC 988 - 2018-10-03
Federal Court DecisionsA. Was there a denial of procedural fairness? B. If not, is the decision reasonable? [...] [25] In the circumstances of this case, I do not find a breach of procedural fairness. [...] [30] In view of the arguments presented, I will deal briefly with the second issue.
-
3,254.
Sharanek v. Canada (Public Safety and Emergency Preparedness) - 2019 FC 751 - 2019-05-28
Federal Court DecisionsA. Was the Applicant denied procedural fairness? B. Was the decision reasonable? [...] It is not necessary to deal with this argument at length. The Applicant agreed that parts of the affidavit were merely repetitive of material already in the record. [...] A. Was the Applicant denied procedural fairness? [15] The Applicant argues that the manner in which his case was dealt with constituted a denial of procedural fairness.
-
3,255.
Green v. Canada (Aboriginal Affairs and Northern Development) - 2017 FC 1123 - 2017-12-07
Federal Court Decisions(i) a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment, or [...] C. Was there a breach of procedural fairness? [42] The majority of Ms. Green’s submissions with respect to procedural fairness are essentially issues with the adequacy of Laurendeau’s reasons. [...] [44] The submissions with respect to procedural fairness are without merit.
-
3,256.
Howse v. Canada (Attorney General) - 2015 FC 1063 - 2015-09-10
Federal Court Decisions[24] While the quantum of procedural fairness varies with the circumstances, in considering the relevant factors as outlined in Baker, above, the decision falls towards the higher end of the spectrum of procedural fairness: one must consider: [...] The values underlying the duty of procedural fairness relate to the principle that the individual or individuals affected should have the opportunity to present their case fully and fairly, and have decisions affecting their rights, interests, or privileges made using a fair, impartial, and open process, appropriate to the [...] In the same vein, the Crown’s duty to deal honourably with the Aboriginal collective requires that the Agreement be interpreted and implemented in light of its purpose and within its social and historical context.
-
3,257.
Alliedsignal Inc. v. du Pont Canada Inc. - 1998-02-13
Federal Court DecisionsIn my view, from an accounting perspective we are dealing in such small volumes relative to the total production that it is difficult to deal with this on a per-unit basis. [...] In the volumes that we deal with these numbers are very difficult to find. [...] Accordingly, there should be no "Fair Market Value Adjustment" for caprolactam.1
-
3,258.
Spruce Credit Union v. The Queen - 2014 TCC 42 - 2014-02-06
Tax Court of Canada JudgmentsIn the Order dealing with the Amended Answer, Associate Chief Justice Rossiter expressly dealt with the costs of the motion and the additional discoveries. [...] Obviously, the court has a fairly broad discretion with respect to costs, but that discretion must be exercised on proper principles and not capriciously. [...] 2. The Tariff was also never intended to be so paltry as to be insignificant and play a trivial role for litigants in dealing with their litigation.
-
3,259.
Committee for Monetary and Economic Reform (“COMER”) v. Canada - 2016 FC 147 - 2016-02-08
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; [...] I will deal in turn with those grounds that I feel have substance and relevance. [...] [128] To be fair to both sides of this dispute, my Order of April 24, 2014 may sometimes confuse issues of jurisdiction and justiciability.
-
3,260.
Burton v. Canada - 2006 FCA 67 - 2006-02-14
Federal Court of Appeal DecisionsIn not doing so and in offering him only the choice of a short recess or adjournment, there was breach of the rules of procedural fairness. [...] What is far more important is that unrepresented taxpayers in the informal procedure be given every benefit of procedural fairness. [...] I do not read Bowman A.C.J.T.C. to purport to lay down fixed rules for dealing with such occurrences.
-
3,261.
Frimpong v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 274 - 2001-04-02
Federal Court Decisions1. Was the Board biased against the applicant and was the applicant's right to a fair hearing infringed? [...] 1. Was the Board biased against the applicant and was the applicant's right to a fair hearing infringed? [...] [13] Consequently, I cannot find that the applicant did not receive a fair hearing.
-
3,262.
Les Entreprises Charles Maisonneuve Ltée v. M.N.R. - 2008 TCC 269 - 2008-06-04
Tax Court of Canada JudgmentsIn fact, the workers and the Appellant were deemed under paragraph 5(3)(b) to be dealing with one another at arm's length for the purposes of the employment in question, the Respondent being satisfied that it was reasonable to conclude that, having regard to all the circumstances, the workers would have entered into a [...] Was it reasonable for the Minister to conclude that the workers-shareholders would have entered into a substantially similar contract of employment had they been dealing with the Appellant at arm's length? [...] This too is the behaviour of workers who are also shareholders in the employer, regardless of whether or not they are dealing with it at arm's length.
-
3,263.
Corporation des pilotes du Saint-Laurent Central inc. v. Laurentian Pilotage Authority - 2018 FC 333 - 2018-03-23
Federal Court DecisionsThis is now a done deal—verbally, at least. We are awaiting written confirmation. [...] The Contract for Services deals more specifically with the issue of disciplinary procedures. [...] [86] In its factum, the Corporation also argues that the Authority failed to respect procedural fairness in the procedure that it followed when making its decision.
-
3,264.
Carten v. Canada - 2010 FC 857 - 2010-08-27
Federal Court DecisionsCourts must only deal with pleadings that meet certain standards and with claims that have some foundation. [...] Thus, the Court will deal with the merits of all six motions. • [19] I must next deal with the defendant’s objection to the filing of new evidence. [...] (d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or
-
3,265.
Mills v. Canada (Attorney General) - 2013 FC 1209 - 2013-12-03
Federal Court DecisionsProcedural fairness [35] Mr. Mills claims that by improperly withholding the information of the analyst under paragraphs 4(f) and 4(g), subsections 27(1), 27(2) and 27(3), and section 90 of the CCRA, the SDC failed to observe a principle of procedural fairness. [...] Procedural fairness [45] The Respondent submits that failing to provide Mr. Mills with an opportunity to comment on the Executive Summary before the Decision was rendered does not constitute a breach of procedural fairness. [...] [75] Consequently the Court concludes that the Applicant was accorded procedural fairness.
-
3,266.
Giroux v. Swan River First Nation - 2006 FC 285 - 2006-03-03
Federal Court Decisions2. Did the Committee breach the requirements of procedural fairness? [...] In failing to provide a fair procedure, the Committee breached the duty of fairness which should have been afforded to the applicant and to the respondent, Robert Sound, as well. [...] Dealing with the required elements of the pragmatic and functional analysis I am of the view that:
-
3,267.
Britz v. Canada (Attorney General) - 2016 FC 1286 - 2016-11-22
Federal Court DecisionsThe only possible exceptions are paragraphs 74 and 75, which deal with the fact the Minister did not seek additional information after receiving the Response Letter. [...] 2. Au moment de faire la détermination citée au sous-alinéa (1), l'Organisme consultatif peut considérer tout facteur pertinent, y compris: [...] Should the Applicant deal with all three possibilities, or with only two, or with just one and, if only one, which one should she choose?
-
3,268.
Hamilton v. Driftpile First Nation Band Council - 2003 FCA 240 - 2003-05-29
Federal Court of Appeal DecisionsThe applications judge held that the motion was not properly before the Court and refused to deal with it. [...] In that appeal, he could have raised issues of bias, procedural fairness as well as substantive legal objections to the decision. [...] She was functus officio and therefore without jurisdiction to deal with the application any further.
-
3,269.
Livingston v. The Queen - 2007 TCC 303 - 2007-06-15
Tax Court of Canada Judgmentsb) at all material times, the Appellant and Davies did not deal at arm’s length; [...] 20. He further submits that the Appellant and Davies did not deal at arm’s length with respect to those transfers. [...] 2. Parties not dealing at arm’s length. 3. No consideration or inadequate consideration flowing from the transferor to the transferee.
-
3,270.
Canada (Minister of Citizenship and Immigration) v. Fast - 2002 FCT 248 - 2002-03-05
Federal Court DecisionsWith the consent of both parties, I reviewed substantial portions of the videotape and the transcript of the proceedings with a view to dealing with the issue of leave. [...] This review was for a limited purpose and no use will be made of it except for the purpose of dealing with this application. [...] While this is usually fairly limited in scope, it can be expanded to meet the needs of a particular case.
-
3,271.
Procter & Gamble Pharmaceuticals Canada Inc. v. Canada (Minister of Health) - 2000-04-17
Federal Court DecisionsIn such a case the demands of fairness may result in a lower standard being applied. [...] While 17 of the claims relate to the use of a kit in the treatment of osteoporosis, an equal number deal with the treatment of osteoporosis without the use of a kit. [...] [7] P & G asks for disclosure of the portions of the Abbreviated New Drug Submission ("ANDS") dealing with labelling (Part 1.6), bioequivalence (Part 3) and test and reference drug products (Part 4.6).
-
3,272.
Financial Transactions and Reports Analysis Centre of Canada v. Boutziouvis - 2011 FC 1300 - 2011-11-10
Federal Court Decisionssubsection 49 (1) of the PCTFA allowed the Director to terminate employment otherwise than for cause and that such an action was beyond the jurisdiction of an adjudicator under the PSLRA and subject only to the common law requirements of good faith, fair dealings and reasonable notice or pay in lieu of reasonable notice. [...] The parties were unable to identify any prior decisions dealing with that specific question. [...] (2) Le pouvoir donné à quiconque, notamment à un agent ou fonctionnaire, de prendre des mesures ou de les faire exécuter comporte les pouvoirs nécessaires à l’exercice de celui-ci.
-
3,273.
Pauktuutit, Inuit Women's Association v. Canada - 2004 FC 804 - 2004-06-03
Federal Court Decisions[48] The following paragraphs in the affidavit proposed by the Applicants deal with such issues: [...] (b) paras. 28-29 dealing with funding and role of other aboriginal groups: AFN, MNC, [...] The Respondent says the intended affidavit also deals with funding issues.
-
3,274.
Nosistel v. Canada (Attorney General) - 2018 FC 618 - 2018-06-15
Federal Court DecisionsThe relevant provisions of the PSLRA are found in sections 208, 209, 214 and 236 of the Act, which deal with individual grievances and the process for addressing them. [...] The question then is to determine whether the process the decision‑maker followed was fair; the Court must establish whether the process at issue achieved the level of fairness required in the context of the rights affected (Suresh v Canada (Minister of Citizenship and Immigration), 2002 SCC 1 at para 115). [...] (i) a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment, or
-
3,275.
Makivik Corporation v. Canada (Attorney General) - 2021 FCA 184 - 2021-09-21
Federal Court of Appeal DecisionsAs mentioned above, Article 5 deals with wildlife management. It is one of many topics that NILCA addresses. [...] I will first list these issues, and then deal with them, and a further issue that arises, in turn. [...] It is always at stake in the Crown’s dealings with Aboriginal peoples, though determining what constitutes honourable dealing, and what specific obligations the honour of the Crown imposes, depends heavily on the circumstances: Mikisew Cree at paras. 23-24.