11,312 result(s)
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3,476.
Bhatti 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.
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3,477.
Al-Koutsi 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.
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3,478.
Parmar 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.
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3,479.
Al-Koutsi 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.
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3,480.
Engoian v. Canada (Minister of Citizenship and Immigration) - 1998-02-05
Federal Court DecisionsAlthough Armenia did not have a citizenship law to deal with the status of such refugees at that time, some of these Armenians applied for citizenship. [...] Also a reader of either of these documents is expressly instructed to refer to the other document, as well to other documents for information dealing with this subject matter. [...] I am not persuaded that this is a fair interpretation of that particular passage when it is read in the context of the Department of State document as a whole.
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3,481.
Simms v. Isen - 2005 FCA 161 - 2005-05-06
Federal Court of Appeal Decisions1. Action d'exploitation, de faire valoir une chose en vue d'une production (cf. mise en valeur). [...] Méthodes, systèmes, modes d'exploitation = faire-valoir, fermage, métayage. [...] Exploitation d'un brevet = Action de faire fonctionner en vue d'un profit.
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3,482.
Brar v. Canada (Public Safety and Emergency Preparedness) - 2022 FC 1168 - 2022-08-10
Federal Court DecisionsWhen dealing with section 6 of the Charter, Justice Dickson (as he then was) said in Black that: [...] Because there was no case law dealing with a similar infringement of mobility rights, Justice Burrage conducted a novel analysis of these rights and their application to interprovincial travel. [...] [214] I note in passing that dealing with special advocates can be challenging, as I have learned from my experience in certificate proceedings where special advocates were appointed.
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3,483.
Limones Munoz v. Canada (Immigration, Refugees and Citizenship) - 2020 FC 1051 - 2020-11-10
Federal Court DecisionsWas the duty of procedural fairness breached by not allowing the applicants to be heard at a hearing? [...] As a result, the issue as to whether or not to accept evidence in that regard is academic and there is no need to deal with it further. [...] In its decision, the RAD explained why Mexico City met the first part of the IFA test, which deals with the serious risk of persecution in Mexico City.
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3,484.
Kenne v. Canada (Citizenship and Immigration) - 2010 FC 1079 - 2010-11-03
Federal Court Decisions1) Did the IAD breach the duty of procedural fairness by not holding a hearing before rendering its decision? [...] 1) Did the IAD breach its duty of fairness by not holding a hearing before rendering its decision? [...] As the impugned judgment does not deal with adoptive legitimation, this concept can be dealt with briefly before we switch the focus to full adoption.
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3,485.
Souici v. Canada (Citizenship and Immigration) - 2007 FC 66 - 2007-01-26
Federal Court DecisionsThe CBSA deals with a certain number of files per week according to operational capacity. [...] First, the Kawtharani and Babilly decisions, supra, deal with a decision rendered by an H&C officer, which is not the case here. [...] i) the immigration officer breached her duty of fairness by failing to ask for updated information despite the fact that their application was already fourteen months old when it was examined;
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3,486.
Canada (Canadian Grain Commission) v. James Richardson International Ltd. - 2006 FCA 180 - 2006-05-17
Federal Court of Appeal DecisionsAll of JRI's arguments were rejected by the Applications Judge except the allegations surrounding procedural fairness and reasonable apprehension of bias. [...] [27] As to the issue of whether the breach of procedural fairness was of such consequence so as to set aside the November 8 Order, I am satisfied that it was. [...] [30] I must first deal with the discretionary order made by the Applications Judge in refusing the application for an extension of time for JRI's application for judicial review.
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3,487.
Samson Indian Band v. The Queen - 2001 FCT 765 - 2001-07-06
Federal Court Decisions[5] I briefly refer to recent jurisprudence dealing with the modern approach to disclosure required in preparation for hearings at trial. [...] With reference to the previous undertaking, to advise of what the plaintiff views as adequate and fair and why the return enjoyed by the bands wasn't adequate and fair - taken under advisement. [...] Over what period of time and how much less than the fair value was it?
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3,488.
Hafizy v. Canada (National Revenue) - 2014 FCA 109 - 2014-05-01
Federal Court of Appeal DecisionsShe then observed that the appellants’ failure to keep proper books and records, combined with their practice of dealing in cash, made it impossible for the appellants to prove their claims. [...] She then concludes that in this context, the Minister’s concessions were more than fair. [...] [12] As for the appellants’ allegations that there was a breach of procedural fairness, I see none.
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3,489.
Zhou v. Canada (Citizenship and Immigration) - 2013 FCA 194 - 2013-08-22
Federal Court of Appeal Decisions4. The Appellant relies on paragraph 31 of the Minister of Citizenship and Immigration v Sharareh Saji (A-311-09) namely that the preclusion of an appeal by subsection 14(6) of the Citizenship Act applies only to a procedurally fair determination by the Federal Court of whether the citizenship judge erred in deciding the [...] [8] As for the ground of appeal based on the submission that Strickland J. did not make a proper determination of the applicable legal principles in her reasons dismissing the motion for reconsideration before her, this has nothing to do with procedural fairness. [...] Rather, that ground of appeal simply raises a question of law unrelated to the procedural fairness of the reconsideration proceedings.
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3,490.
Nino v. Canada (Citizenship and Immigration) - 2012 FC 956 - 2012-08-01
Federal Court Decisions[5] Given my conclusion on the issue of fairness, I need not deal with Ms Salazar Nino’s suggestion that the Board’s decision was unreasonable. [...] [8] The Minister concedes that the Board denied Ms Salazar Nino an adjournment, but argues that the Board accorded her a fair hearing of her claim, even in the absence of counsel. [...] In addition, hers was a fairly complex case, raising difficult legal issues such as nexus, state protection and internal flight alternative.
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3,491.
Malkine v. Canada (Citizenship and Immigration) - 2009 FC 581 - 2009-06-03
Federal Court Decisions[2] The respondent has conceded that Mr. Malkine was denied procedural fairness in connection with his application for a visa, as he was not given any opportunity to address the visa officer’s concerns prior to a negative decision having been made in relation to his visa application. [...] I agree that this amounted to a denial of procedural fairness. As a consequence, Mr. Malkine’s application for judicial review will be allowed. [...] Moreover, he argues that it is clear from the record that the respondent intentionally and purposefully set out to deny him an interview, and to deny him procedural fairness in this matter.
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3,492.
Hagos v. The Queen - 2008 CCI 670 - 2008-09-30
Tax Court of Canada JudgmentsSection 118 of the Income Tax Act is a section that deals with medical expense tax credits. [...] It is not open to the Court to make exceptions to the statutory provisions on grounds of fairness or equity. [...] No one is suggesting, Mr. Hagos, that the Income Tax Act is fair. No one is suggesting the Income Tax Act is reasonable.
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3,493.
Vazquez Lara v. Canada (Citizenship and Immigration) - 2007 FC 993 - 2007-10-01
Federal Court DecisionsAlthough he tried to tell an officer what had happened, it was clear that the officer was not interested in dealing with his complaint. [...] A question as to the sufficiency of reasons raises an issue of procedural fairness. [...] [10] It is unnecessary to go through a pragmatic and functional analysis in relation to a question of procedural fairness – it is for the Court to determine whether the procedure that was followed in a given case was fair or not, having regard to all of the relevant circumstances: Sketchley v. Canada (Attorney General),
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3,494.
Jazxhiu v. Canada (Minister of Citizenship and Immigration) - 2000-09-20
Federal Court Decisions[7] The applicant first submits he was denied the right to a fair hearing due to faulty interpretation and excessive interruptions by the Board members. [...] [17] The cumulative effect of the interruptions for clarification, correction, attempts to have the applicant address the question being posed is such that the applicant simply did not have a fair opportunity to put forward the basis of his claim. [...] As it was not necessary for the purpose of these reasons to deal with this issue, no question will be certified.
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3,495.
McLarty v. The Queen - 2014 TCC 30 - 2014-06-18
Tax Court of Canada Judgments(d) whether the appellant was dealing at arm's length with Carlyle, the vendor of the Seismic Data; and [...] Consequently, the fair market value of the Seismic Data is not an issue here. [...] This is not a situation where paying more than the fair market value would be unreasonable.
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3,496.
Transport Car-Fré Ltée v. Lecours - 2018 FC 1133 - 2018-11-09
Federal Court Decisions[34] As I indicated at the outset, this judicial review is concerned only with procedural fairness and natural justice considerations. [...] [40] In our system, one cannot presume that a decision maker cannot deal fairly with such requests simply because it is alleged that he or she is biased or has a conflict of interest. [...] That standard ensures the full respect of all the applicant’s rights to a fair and impartial adjudication of her recusal motion.
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3,497.
Parenteau v. Badger - 2016 FC 535 - 2016-05-12
Federal Court DecisionsThe role of the CEO and DEO is to ensure that elections conform to the Election Act, and the Appeal Tribunal deals with any challenges by interested parties to election results or procedure. [...] C. Did the Appeal Tribunal breach its duty of procedural fairness? D. What is the appropriate remedy? [...] [65] Likewise, for the electoral process to be democratic and fair, the results of the April 2016 Election must also be quashed.
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3,498.
Shin v. Canada (Public Safety and Emergency Preparedness) - 2012 FC 1106 - 2012-09-21
Federal Court DecisionsI was of the opinion, due to my experience in dealing with higher end watches, and due to the appearance and condition of the watch that it was newer then [sic] SHIN was stating. [...] 3. Was there a breach of procedural fairness? Applicant’s Written Submissions [...] [35] The respondents also submit that there was no breach of procedural fairness.
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3,499.
Vera v. Canada (Citizenship and Immigration) - 2021 FC 189 - 2021-03-01
Federal Court DecisionsThe RPD expressly acknowledged that the US Department of State report for Colombia for 2016 was not the most current and up-to-date situation of the FARC. The Applicants’ news articles, for example, suggest the peace deal may be fraying. [...] Rather, as noted above, in my view the articles are far from conclusive in this regard; further, they contain support for the RPD’s finding that the peace deal disclosed in the NDP has not fallen apart. [...] It is not such an inordinate delay that it offends the community’s sense of fairness: Bernataviciute v Canada (Citizenship and Immigration), 2019 FC 953 at para 34.
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3,500.
Canada v. Berg - 2014 FCA 25 - 2014-01-31
Federal Court of Appeal Decisions[5] On November 19, 2002, Mr. Berg purchased 68 timeshare units with a fair market value (FMV) of $242,000. [...] [17] Notwithstanding Mr. Berg’s success before the Tax Court, the judge declined to award Mr. Berg his costs because of his conduct in preparing his return, his dealings with the Canada Revenue Agency, his insistence in litigating a withdrawn issue, and his use of the pretence documents. [...] He consummated the “deal” solely with that objective, and he acted from beginning to end in a manner intended to achieve that result.