11,312 result(s)
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3,526.
Burin Peninsula Marine Service Centre v. Forsey - 2015 FCA 216 - 2015-10-09
Federal Court of Appeal DecisionsThus, procedural fairness was breached in the circumstances as the appellant was not given an opportunity to respond to the Judge’s theory of the case. [...] [49] Consequently, as the issue is one pertaining to procedural fairness, the appellant submits that the applicable standard of review is that of correctness. [...] [65] The first paragraph of the Statement of Acceptance deals with the lifting of the Vessel from the water by the appellant.
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3,527.
Mohawks of Akwesasne v. St. Lawrence Seaway Authority - 2015 FC 918 - 2015-07-27
Federal Court DecisionsIn the words of Hryniak, there is “no genuine issue” if there is no legal basis to the claim or if the judge has “the evidence required to fairly and justly adjudicate the dispute” (at paragraph 66). [...] [53] While the other cases relied on dealing with interference with possession by individuals, this case deals with collective rights of a band and the relationship with the Crown. [...] A decision on Area M collective/individual rights has the potential for dealing with critical issues in the Claim and relates to other Band members on a piecemeal basis.
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3,528.
Westshore Terminals Limited Partnership v. Leo Ocean, S.A. - 2014 FCA 231 - 2014-10-15
Federal Court of Appeal Decisions[59] Subsection 43(8) deals only with the Federal Court’s exercise of its jurisdiction in rem against sister ships. [...] The provision only deals with the arrest of sister ships. It does not say whether a sister ship can be arrested in addition to the offending ship. [...] 12. Every enactment is deemed remedial, and shall be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objects.
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3,529.
Kamel v. Canada (Attorney General) - 2008 FC 338 - 2008-03-13
Federal Court DecisionsMr. Kamel’s argument is that the principles of procedural fairness have been violated. [...] [7] Subsections 4(3) and (4) deal with the royal prerogative in respect of passports. [...] For that reason, this legal analysis will deal with section 10.1 of the Order, and not section 4.
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3,530.
CIT Group Securities (Canada) Inc. v. The Queen - 2016 TCC 163 - 2016-07-04
Tax Court of Canada JudgmentsWe therefore built up a fairly significant swap book that I would report on, as well.[72] [...] [117] The group of words “trading or dealing in indebtedness” is a noun phrase composed of two gerunds (“trading” and “dealing”) and a prepositional phrase (“in indebtedness”). [...] [136] The role of these words in this instance is best explained by comparing “she is trading or dealing in indebtedness”, in which “trading or dealing in indebtedness”, describes what the individual is doing, with “trading or dealing in indebtedness is her business”, in which “trading or dealing in indebtedness” is being
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3,531.
Saif v. Canada (Citizenship and Immigration) - 2021 FC 680 - 2021-06-28
Federal Court DecisionsThis procedural fairness issue is reviewable on the standard of correctness. [...] The Applicant also emphasizes his evidence that he is a founder, vice-president and part owner of the company and that he provided substantial evidence of the company’s assets and its business dealings. [...] C. Did the Officer breach procedural fairness? [26] The thrust of the Applicant’s procedural fairness argument is that, because his evidence was clearly sufficient to meet his burden to demonstrate that he would leave Canada at the end of his stay, the Officer must have disbelieved that evidence or his assertion as to his
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3,532.
Rahman v. Canada (Attorney General) - 2015 FCA 32 - 2015-02-02
Federal Court of Appeal Decisions[35] Therefore, the Court concludes that there is no breach of procedural fairness. [...] (1) Did the Board deny him procedural fairness by not allowing him more time to prepare for the May 29, 2012 hearing in Iqaluit? [...] [26] First, I will deal with the issue of procedural fairness. In brief, the appellant’s argument is that he only found out on May 11, 2012 that the hearing of his grievance was scheduled for May 29, 2012 at Iqaluit.
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3,533.
Ghannadi v. Canada (Citizenship and Immigration) - 2014 FC 879 - 2014-09-15
Federal Court DecisionsA. Did the RAD breach procedural fairness in not accepting the new evidence presented before it? [...] The standard of review for alleged errors of fact dealing with credibility and implausibility is reasonableness. [...] A. Did the RAD breach procedural fairness in not accepting the new evidence presented before it?
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3,534.
Mohamed v. Canada (Citizenship and Immigration) - 2014 FC 192 - 2014-02-27
Federal Court Decisions1. Did the respondent breach procedural fairness by denying the applicants’ right to interpretation? [...] The Court is therefore of the view that the evidence does not support the claim that a breach of procedural fairness occurred. [...] However, they do not specifically deal with the threat to Somali nationals returning to the country.
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3,535.
Reyes Tolosa v. Canada (Citizenship and Immigration) - 2008 FC 791 - 2008-06-24
Federal Court DecisionsHe did not sleep well at night, woke up very often, had nightmares, cried out and mumbled incoherently a great deal in his sleep. [...] (2) Did the Board err in rendering a decision that breached a principle of natural justice or procedural fairness? [...] (2) Did the Board err in rendering a decision that breached a principle of natural justice or procedural fairness?
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3,536.
Construction & Rénovation M. Dubeau Inc. v. Canada (Customs and Revenue Agency) - 2001 FCT 1139 - 2001-10-19
Federal Court DecisionsThat policy describes the spirit and intent of the fairness provisions as follows: [...] The fairness provisions were designed to permit the Department to assist clients in resolving problems that arose through no fault of [...] their own and to allow for a common sense approach in dealing with those who because of personal misfortune or circumstances beyond their
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3,537.
Cornelius v. The Queen - 2008 TCC 615 - 2007-06-12
Tax Court of Canada JudgmentsMr. Cornelius does not deny that the subsection applies in his case, but really argues the relief on the grounds of fairness and equity. [...] Simply put, you suggest that legislation does not properly deal with joint custody situations, or there should be a recognition of the situation that you are in. [...] If this court had equitable jurisdiction, we would be able to deal with circumstances such as those which we have before us, because we would make orders which would be equitable in nature.
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3,538.
Association des Crabiers Acadiens v. Canada (Attorney General) - 2005 FC 1191 - 2005-08-31
Federal Court DecisionsMr. Haché's affidavit deals with matters which were not before Mr. Regan. [...] One of these exceptions deals with the issue of jurisdiction, and it is alleged that the Minister exceeded his jurisdiction and, in any event, did not observe procedural fairness based on the claimants' historical legitimate expectations, which were based on prior negotiations.
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3,539.
Ager v. International Brotherhood of Locomotive Engineers - 1998-06-24
Federal Court of Appeal DecisionsThe Applicant contends that the union acted arbitrarily contrary to Section 37 in failing to submit these matters, dealing with General Holidays, to a formal ratification vote pursuant to Section 45 of its Rules. [...] In any event, the Board expressed the view in obiter that the union "acted fairly in the interest of all its member employees in dealing with the employer", so that, even if the Board had jurisdiction, it would have rejected the complaint.
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3,540.
9255-2504 Québec Inc. v. Canada - 2020 FC 161 - 2020-01-30
Federal Court DecisionsAlthough neither the Federal Courts Act nor the Rules provide for a specific procedural vehicle for dealing with this type of issues, the Court frequently deals with motions or requests of this nature (see, for example: Bergeron v Canada (Correctional Service), 2016 FC 235 at paras 3–8). [...] As the then federal Minister of the Environment, David Anderson, stated on June 10, 2002, in a debate in the House, “there is no question of expropriation [in section 64 of the Act]”, which explains why the terms “fair and reasonable” and not “fair market value” were used in reference to compensation, “fair market value” [...] (3) Avant de faire la recommandation, il consulte tout autre ministre compétent.
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3,541.
Blair v. Canada (National Defence) - 2017 FC 10 - 2017-01-04
Federal Court DecisionsThe supervisor explained that if the applicant was to apply for re-enrollment in the CAF, it should be conditional on dealing with his misuse of alcohol. [...] A. Procedural Fairness [20] Regarding the issue of procedural fairness, the Chief noted that there were two incidents that occurred in the process of the applicant’s release that breached the principle of procedural fairness: [...] A. Whether previous breaches of procedural fairness were cured by a de novo review?
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3,542.
Zamani v. Canada (Citizenship and Immigration) - 2023 FC 19 - 2023-01-05
Federal Court DecisionsIn this instance Section C of the business plan provided indicates a 25% ownership for yourself and 75% ownership for your spouse, which exerts a great deal of control. [...] [11] Questions of procedural fairness ask whether the procedure was fair having regard to all of the circumstances with the ultimate question being whether the applicant knew the case it had to meet and had a full and fair chance to respond: Canadian Pacific Railway Company v Canada (Attorney General), 2018 FCA 69 at paras [...] A. Was there a breach of procedural fairness? (1) Was the PFL sufficiently specific?
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3,543.
Ghasemi v. Canada (Citizenship and Immigration) - 2021 FC 1296 - 2021-11-30
Federal Court Decisions(1) Did the Officer breach the Female Applicant’s rights to procedural fairness? [...] The Respondent also submits that there was no breach of the Male Applicant’s right to procedural fairness. [...] [24] While the submissions of the parties are based on the same facts, it is necessary to deal with each decision separately.
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3,544.
Potla v. Canada (Citizenship and Immigration) - 2020 FC 646 - 2020-05-27
Federal Court DecisionsProcessing instructions given by Agents on participations and Customers on direct deals including verification of limit available, accuracy of calculations, and disbursement/application of funds. [...] A. Were the requirements of procedural fairness breached? [26] The applicant submits that the officer breached the requirements of procedural fairness by not giving her an opportunity to respond to concerns regarding her application. [...] • (2) the degree of procedural fairness owed to an applicant under the CEC program is at the low end of the spectrum;
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3,545.
Kabanets v. Canada (Citizenship and Immigration) - 2011 FC 631 - 2011-05-31
Federal Court DecisionsThe applicant claimed to have spent a great deal of time on-site until 2007 and since then, has visited approximately once a week. [...] 2. Do the deficiencies in the CAIPS notes amount to a breach of procedural fairness? [...] As such, these deficiencies do not breach procedural fairness. The full notes, which are reproduced in the Secretary’s affidavit, include evidence in support of the application, the omission of which the applicant claims breached procedural fairness.
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3,546.
Deschamps v. The Queen - 2007 TCC 194 - 2007-04-02
Tax Court of Canada Judgmentsthe fair market value of (c) the non-qualified investment at the time it was acquired by the trust, or [...] [22] Having found the fair market value of the shares to be nil at the relevant time the consideration given for the shares exceeded their fair market value by $53,300 and, the Appellant is required to include this amount in his income pursuant to paragraph 146(9)(b). [...] [23] Given this conclusion, it is not necessary to deal with the Respondent's further alternative argument that the income inclusion was also mandated by paragraphs 146(10)(b) and (d), on the basis that the Appellant had used his RRSP as collateral for a loan.
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3,547.
Irani v. Canada (Attorney General) - 2006 FC 816 - 2006-06-27
Federal Court Decisions[10] The Applicant is now seeking judicial review of that decision arguing that he was denied procedural fairness as no written reasons for the decision were provided. [...] In the case at bar, we are dealing with a simple application for clearance or a permit made by a person who has no existing right to that clearance or permit and is not accused of anything. [...] Under these circumstances, in my view, the requirements for minimal procedural fairness, as expressed in Motta, supra, were met.
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3,548.
Donaldson v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 100 - 2003-01-30
Federal Court Decisions[15] The applicant submits the lack of a meaningful opportunity to present evidence related to a humanitarian and compassionate ("H & C") application and to have that evidence fully and fairly considered constitutes a denial of procedural fairness. [...] [24] The respondent submits the immigration officer respected and applied the principles of natural justice and procedural fairness. [...] [34] Because of my finding in Issue 1, it is not necessary to deal with the other issues.
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3,549.
Zündel v. Canada (Attorney General) - 1998-05-05
Federal Court DecisionsEveryone appearing before administrative boards is entitled to be treated fairly. [...] As I have stated, it is impossible to have a fair hearing or to have procedural fairness if a reasonable apprehension of bias has been established. [...] Procedural fairness is an essential aspect of any hearing before a tribunal.
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3,550.
Nguyen v. Canada (Citizenship and Immigration) - 1997-06-16
Federal Court DecisionsIt is necessary therefore to look at how much fairness is required. Strayer J.A. went on to say at 26: [...] I agree that the Williams case only deals with subsection 70(5). However, Nguyen v. Canada (Minister of Employment and Immigration) (1993), 18 Imm. L.R. (2d) 165 (F.C.A.) approves the process under section 46.01. [...] In my view there is no difference in the level of fairness owed under subsection 70(5) and section 46.01.