11,312 result(s)
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3,451.
Bisiriyu v. Canada (Citizenship and Immigration) - 2023 FC 630 - 2023-05-01
Federal Court Decisions[19] The ultimate question for a Court addressing issues related to procedural fairness is whether the procedure was fair in all the circumstances in that the Applicant knew the case to be met and had a full and fair chance to respond. [...] Procedural fairness and legitimate expectation [36] The Applicant also makes a number of procedural fairness arguments, related to what she titles a "legitimate expectation." [...] [37] Therefore, I find the Applicant's procedural fairness argument is without merit.
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3,452.
Kamps v. Canada (National Defence) - 2018 FC 430 - 2018-04-20
Federal Court DecisionsThe Respondent further submits that questions dealing with procedural fairness are reviewable on a standard of correctness; citing McBride v Canada (National Defence), 2012 FCA 181 [McBride]. [...] VII. Was the Decision Procedurally Fair? A. The Applicant’s Submissions [...] [31] It has been held that not supplying publicly available documents is not a breach of procedural fairness.
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3,453.
Malkine v. Canada (Citizenship and Immigration) - 2009 FC 496 - 2009-05-13
Federal Court DecisionsWhile Mr. Malkine has been able to travel freely to many other countries, the unsupported allegations against him have prevented him from entering Canada on trade missions, or to deal with his investments in this country. [...] Instead, the issue is one of common-law procedural fairness. [25] As the Supreme Court of Canada observed in Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817, the content of the duty of fairness is variable, and how much fairness is owed in a given case depends on the context of the specific [...] [33] In light of the above considerations, I have concluded that considerations of fairness and natural justice do not require the appointment of a special advocate in this case.
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3,454.
Rivet v. Canada (Attorney General) - 2007 FC 1175 - 2007-11-15
Federal Court Decisions2. Does the process that the Minister followed in making his decision comply with the principles of procedural fairness? [...] [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. [...] Procedural Fairness [23] As I mentioned above, the appropriate standard of review for questions of natural justice is correctness.
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3,455.
Watson v. Canada (Minister of Citizenship and Immigration) - 2004 FC 1446 - 2004-10-19
Federal Court DecisionsHe also maintained his arguments about breach of procedural fairness and breach of his section 7 Charter rights. [...] As well, the Respondent argued that the Applicant has failed to show a breach of procedural fairness or of his Charter rights. [...] [17] In the present case, the IAD was dealing with an application to reopen an appeal that had been dismissed.
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3,456.
Dynamex Canada Corp. v. M.N.R. - 2010 TCC 17 - 2010-01-11
Tax Court of Canada JudgmentsTwo, ensures work is distributed fairly and driver earnings are at a fair level. [...] Identify and deal with the concern or issue, which has created the anger. [...] See Exhibit R‑1, Tab 1, article 15.02 dealing with the rate committee.
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3,457.
Mourani v. The Queen - 1997-12-22
Tax Court of Canada JudgmentsHe testified that he has great respect for and is deeply grateful to Canadian society, but said that his appeal was motivated essentially by considerations of fairness and justice; the monetary consequences were completely minor and secondary. [...] [9] The appellant’s case inspires a great deal of sympathy, especially since his arguments are logical and reasonable. [...] [13] This situation gives rise to a great deal of sympathy, but unfortunately it is not covered by the Act’s provisions.
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3,458.
Labelle c. La Reine - 2003 TCC 905 - 2003-12-04
Tax Court of Canada Judgments(B) a person with whom the promoter does not deal at arm's length, or [...] (b) that the purchaser or a person with whom the purchaser does not deal at arm's length is entitled at any time to receive, directly or indirectly, or to have available [...] (d) that is owed to a promoter, or a person with whom the promoter does not deal at arm's length, by the purchaser or a person with whom the purchaser does not deal at arm's length in respect of the acquisition of an interest in the tax shelter
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3,459.
Greaves v. Air Transat Inc. - 2009 FC 9 - 2009-01-06
Federal Court DecisionsShe sent another letter demanding $25,000, that Air Transat launch an inquiry into the incident, develop a policy to deal with disabled passengers in three months time, and cover her legal fees. [...] [19] To satisfy the requirement of procedural fairness the Commission’s investigation must be thorough and neutral, providing it with an adequate and fair basis to make a decision (Slattery v. Canada, supra). [...] 46 In my view, based on the jurisprudence, there has been no breach of procedural fairness in the present circumstances.
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3,460.
Air Canada Pilots Association v. Air Line Pilots Association - 2005 FC 723 - 2005-05-20
Federal Court DecisionsYet he failed to follow even the most basic precepts of procedural fairness. [...] It is argued that "any fair tribunal" would allow submissions on this remedy. [...] 58 Dealing in labour relations, as in all human relations for that matter, is not an exact science.
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3,461.
Manuge v. Canada - 2013 FC 341 - 2013-04-04
Federal Court DecisionsI did not join this expecting to get rich and I think the settlement is reasonable and fair. [...] [40] This was important litigation dealing with a long-standing, contractual grievance involving thousands of disabled CF veterans. [...] I have no reservations about the ability of the Court to deal with this issue, if necessary, in the exercise of its supervisory jurisdiction.[1]
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3,462.
Mohammed v. Canada (Immigration, Refugees and Citizenship) - 2019 FC 193 - 2019-02-15
Federal Court Decisions• Procedural fairness was breached because the visa officer failed to ensure proper interpretation for Mr. Mohammed during the March 10, 2016 interview; [...] • Procedural fairness was breached as a result of the failure to provide Mr. Mohammed with notice of the true purpose of the January 15, 2015 interview; [...] There is nothing to suggest that OB 344 deals with the substance of a potentially high-profile decision as opposed to the procedure to follow before releasing it.
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3,463.
Pinder Jr. v. Canada - 2016 FCA 317 - 2016-12-19
Federal Court of Appeal DecisionsThe same is true of the second issue, whether the matter was decided on a point not before the Judge, to the extent that it deals with a general question of natural justice. [...] This memorandum was filed to deal with the motions for summary judgment of both parties. [...] chalet désigne un bâtiment aménagé de façon à pouvoir y dormir, y faire la cuisine, y manger et possédant des installations sanitaires;
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3,464.
Shabab v. Canada (Citizenship and Immigration) - 2016 FC 872 - 2016-07-25
Federal Court Decisions1. Whether the Board Member breached the rules of procedural fairness by demonstrating an appearance of prejudice and a reasonable apprehension of bias; [...] [43] In complaining of a lack of corroborating evidence, the Board Member overlooks and fails to deal with the letters from former neighbours in the UAE which corroborate the assault on the Male Applicant and the family’s subsequent problems with the El Hamar family. [...] The Board Member does not have to accept it, but she did have to deal with the full explanation and say why it was not acceptable.
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3,465.
Canada (Citizenship and Immigration) v. Parekh - 2010 FC 692 - 2010-06-24
Federal Court Decisions[18] Finally, should the Court find these proceedings constitute an abuse of process, it can deal with this problem in its reasons and by an appropriate order as to costs. [...] the damage to the public interest in the fairness of the administrative process should the proceeding go ahead would exceed the harm to the public interest in the enforcement of the legislation if the proceedings were halted. [...] Unnecessary delay in judicial and administrative proceedings has long been an enemy of a free and fair society.
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3,466.
Keqaj v. Canada (Citizenship and Immigration) - 2008 FC 388 - 2008-03-27
Federal Court Decisions(2) Did the Board breach principles of procedural fairness by failing to inform the Applicant of the case to be met and by giving inadequate Reasons? [...] [61] By not sharing its concerns, the Board breached its duty of procedural fairness. [...] I will deal with each implausibility finding. [64] In the case at bar, the Board does not deny that the certificates are authoritative credible evidence.
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3,467.
Jabs Construction Ltd. v. The Queen - 1999-06-25
Tax Court of Canada JudgmentsThe properties were to be divided into four packages and Mr. Jabs and Mr. Callahan were to assess the fair market value of the properties. [...] The appellant gave Felsen property with a fair market value of $17,745,000 less the encumbrances of $4,833,709, for a net value of $12,911,291. [...] The Act permits a corporate donor to designate a lesser figure, between the ACB and the fair market value.
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3,468.
Brunico Communications Inc. v. Canada (Minister of Canadian Heritage) - 2004 FC 643 - 2004-04-30
Federal Court Decisions... Financial assistance and dealing with property 7. To facilitate the implementation of any program of the Minister under this Act, the Minister may [...] 1. Did the Minister owe the applicant a duty of fairness? 2. What was the nature of this duty of fairness? [...] Therefore, the Minister did owe the applicant a duty of fairness. What was the nature of this duty of fairness?
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3,469.
Brunico Communications Inc. v. Canada (Attorney General) - 2004 FC 642 - 2004-04-30
Federal Court Decisions... Financial assistance and dealing with property 7. To facilitate the implementation of any program of the Minister under this Act, the Minister may [...] 1. Did the Minister owe the applicant a duty of fairness? 2. What was the nature of this duty of fairness? [...] Therefore, the Minister did owe the applicant a duty of fairness. What was the nature of this duty of fairness?
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3,470.
Nooristani v. Canada (Citizenship and Immigration) - 2024 FC 99 - 2024-01-22
Federal Court Decisions[7] I am persuaded that the RAD breached procedural fairness by making new credibility findings. [...] In these reasons, I deal first with the preliminary issue of the admissibility of the further affidavit submitted by the Applicant in support of his judicial review application, and then I address the procedural fairness issue. [...] [28] As noted above, the duty of procedural fairness is heightened in exclusion cases.
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3,471.
Wang v. Canada (Citizenship and Immigration) - 2015 FC 647 - 2015-05-19
Federal Court Decisions[4] A great deal of contradictory evidence was elicited through five days of oral testimony at the ID hearing, provided by each of the Employers, as well as the Applicant. [...] [11] The Respondent argues that the ID is master of its own procedure, and conducted the hearing fairly. [...] Accordingly, there was, therefore, no breach of procedural fairness in this case.
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3,472.
Feng v. Canada (Citizenship and Immigration) - 2014 FC 386 - 2014-04-30
Federal Court Decisions[8] Upon receipt of this information, CIC on March 7, 2012, sent a procedural fairness letter to Yongping Feng which stated: [...] [10] Yongping Feng replied to the procedural fairness letter on April 7, 2012 stating: [...] This is what the long-established authorities indicate the rules of procedural fairness require.”
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3,473.
De Zamora v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1602 - 2005-11-28
Federal Court DecisionsThe Guatemalan government refused to pay its bills and as a result owed the applicant's husband a great deal of money. [...] Rather, the court is required to evaluate whether the rules of procedural fairness and the duty of fairness have been adhered to. [...] Having decided to provide an interview, the officer must, of course, conduct it in a fair manner.
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3,474.
Kevin Mann and Barbara Mann v. The Queen - 2003 TCC 63 - 2003-02-20
Tax Court of Canada Judgments[2] I will deal first with the income tax appeals of Mr. and Mrs. Mann. [...] This seems to be something of a legislative oxymoron, but I must deal with the legislation as I find it. [...] This resulted in fairly substantial losses, which they tried to set off against other income.
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3,475.
Sidhu v. Canada (Minister of Citizenship and Immigration) - 2000-06-23
Federal Court DecisionsI therefore intend to deal first with the point of substance: I will analyse in each particular case the facts peculiar to it. [...] Alleging that he was dealing with an endemic problem in the field of immigration on account of the illegal practice of individuals who prepared and drafted pleadings in this Court without being barristers or advocates,3 the defendant filed a motion in each case to dismiss these applications for leave and for judicial [...] 119. Personne physique - Sous réserve de la règle 121, une personne physique peut agir seule ou se faire représenter par un avocat dans toute instance.