11,312 result(s)
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3,651.
Uwajeneza v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 352 - 2001-04-19
Federal Court Decisions[20] Even assuming the applicant was correct in stating the tribunal had a legal obligation to deal with inconsistent decisions, I find no inconsistency between the decision referred in Mr. Kako's June 8, 2000, post-hearing submission and the decision rendered in this case. [...] [22] As to the third point raised by the applicant, a reading of the tribunal's decision indicates, in my view, it was a separate alternative finding which I need not deal with given the tribunal's main finding cannot be disturbed. [...] I decline to certify those questions as they do not fairly arise from these reasons.
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3,652.
Berthier v. Canada (Minister of Labour) - 2000-09-01
Federal Court Decisionsreferred to by the Minister, before the Canada Labour Relations Board ("CLRB" or "CIRB")2, related to a complaint brought by a number of individuals, including the applicants in this matter, alleging that the ILA's hiring hall practices were contrary to the Canada Labour Code's provisions for fair referral in section 69. [...] In this case the CIRB found, in effect, that it had no authority to deal with the complaint under s. 69, since on the facts it was not a complaint concerning action by the union. [...] That Part includes provision for dealing with complaints of unjust dismissal.
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3,653.
Fogal v. Canada - 1999-01-06
Federal Court Decisions[3] To deal with this motion at the opening of the judicial review hearing could well result in delay. [...] This is fairly straightforward and is sufficient grounds to allow in the new affidavit. [...] [12] If required counsel may have a special hearing, before me, on short leave, to deal with the propriety of any questions asked or material requested.
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3,654.
ViiV Healthcare Company v. Gilead Sciences Canada, Inc. - 2021 FCA 122 - 2021-06-16
Federal Court of Appeal Decisions[27] The Court must always respect the principles of procedural fairness. [...] Quite aside from this, in dealing with any motion for summary judgment or summary trial, the Court has a wide discretion governed by the objectives of Rule 3 concerning scheduling and the manner in which the motion is to be prosecuted, defended and argued. [...] [37] These words “must be interpreted [and applied] broadly, favouring proportionality and fair access to the affordable, timely and just adjudication of claims”: Hryniak, above at para. 5.
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3,655.
Yuzicappi v. Standing Buffalo First Nation (Senate Council) - 2021 FC 391 - 2021-05-03
Federal Court Decisions[23] The Applicants submit that the Senate Council incorrectly determined that they could only consider one ground of appeal with the $200 appeal deposit and arbitrarily chose to deal with only one ground of appeal. [...] However, if a reasonable and informed person concluded that the member would be unable to decide the issues fairly, they should not participate (Johnny at para 42). [...] Would he think that it is more likely than not that Mr. Crowe, whether consciously or unconsciously, would not decide fairly.
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3,656.
Armando v. Canada (Citizenship and Immigration) - 2020 FC 94 - 2020-01-22
Federal Court Decisions[20] According to the Applicant, had he been better prepared to deal with the issue of viable IFAs, he would have obtained evidence from his parents as to why moving anywhere outside Luanda was not reasonable. [...] Was there a lack of procedural fairness on account of a failure to properly apply the Chairperson Guideline 3: Child Refugee Claimants? [...] (3) Was there a lack of procedural fairness on account of the failure to properly apply the Chairperson Guideline 3: Child Refugee Claimants?
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3,657.
Lakatos v. Canada (Citizenship and Immigration) - 2019 FC 864 - 2019-06-27
Federal Court Decisions[21] Issues of procedural fairness are reviewed on the correctness standard. [...] However, for reasons outlined below, I find that there are no issues of procedural fairness properly before this Court. [...] However, the Court may exercise its discretion to refuse to deal with issues that were not addressed in the courts below, if there is prejudice to the respondent, or if for any other reason the Court considers it appropriate not to deal with a question.
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3,658.
Hillier v. Canada (Attorney General) - 2019 FCA 44 - 2019-03-05
Federal Court of Appeal Decisions[11] In my view, the Appeal Division’s decision must have been made purportedly under section 58 of the Department of Employment and Social Development Act, the section dealing with the passage of matters from the General Division to the Appeal Division by way of leave. [...] [26] Even worse is to posit our own policies—what personally seems to us to be fair and right or best for the public—and shape the legislation away from its authentic meaning. [...] To the contrary, as explained above, what the text of section 58 says and what it does not say tells us a great deal.
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3,659.
Cicale v. Swiss International Air Lines Ltd. - 2018 FC 389 - 2018-04-11
Federal Court DecisionsUne personne ainsi nommée peut, si la commission le prévoit, faire également prêter le serment ailleurs qu’à l’endroit où elle réside et à d’autres fins que celles prévues au premier alinéa. [...] e) To engage or dismiss personnel and sign the respective employment contracts and to deal with all business in connection with staff problems; [...] The decision is therefore unreasonable and the matter must be remitted to the adjudicator so that he can deal with the unresolved issues.
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3,660.
876947 Ontario Limited (RPR Environmental) v. Canada (Attorney General) - 2013 FCA 156 - 2013-06-14
Federal Court of Appeal Decisionsx. An environmental protection action may not be brought against a person if, in response to the alleged conduct on which the action is based, the person was convicted under the Act, or environmental protection alternative measures within the meaning of Part 10 of the Act were used to deal with the person (section 25). [...] b) une ordonnance — y compris une ordonnance provisoire — enjoignant au défendeur de ne pas faire un acte qui, selon le tribunal, pourrait constituer une infraction prévue à la présente loi; [...] c) une ordonnance — y compris une ordonnance provisoire — enjoignant au défendeur de faire un acte qui, selon le tribunal, pourrait empêcher la continuation de l’infraction;
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3,661.
Kawech v. Canada (Citizenship and Immigration) - 2013 FC 54 - 2013-01-22
Federal Court Decisions[24] The first issue deals with a principle of procedural fairness, which is not subject to any standard of review because it is for the Court to determine whether the officer complied with the principles of natural justice (Canada (Citizenship and Immigration) v Khosa, 2009 SCC 12, [2009] 1 SCR 339 at para 43; Ramirez v [...] As the respondent maintains, presuming that the officer in this case was incapable of rendering an objective, fair decision simply because she had an appointment at a fertility clinic is based on outrageous sexism. [...] [32] The fact that the officer decided to question only the applicant is not sufficient to lead to an apprehension of bias or a breach of procedural fairness.
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3,662.
Mikail v. Canada (Attorney General) - 2012 FC 940 - 2012-07-31
Federal Court Decisions[35] Therefore, I need not deal with the substance of Ms. Mikail’s arguments in respect of alleged breaches of the CSIS Act and the Charter. [...] b) effectuer ou faire effectuer des recherches en vertu de l’article 40; [...] c) faire enquête sur : (i) les plaintes qu’il reçoit en vertu des articles 41 et 42,
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3,663.
Vaillancourt v. Canada (Attorney General) - 2012 FC 70 - 2012-01-19
Federal Court Decisions[7] Although Ms. Chrétien had not represented the applicant on the stay motion, she filed a motion in her name with the adjudication board to recover the documents dealing with the MRU’s representation of the applicant that had been disclosed to the employer. [...] (i) le membre qui désire se faire représenter ou assister a, sans succès, fait tous les efforts raisonnables pour se faire représenter ou assister par un membre en poste dans sa division d’affectation, [...] f) le membre qui désire se faire représenter ou assister est une personne intéressée, autre qu’une partie, dans une affaire devant une commission d’enquête ou le Comité
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3,664.
Bhalrhu v. Canada (Citizenship and Immigration) - 2011 FC 49 - 2011-01-18
Federal Court DecisionsNo Breach of Fairness [23] On January 6, 2009, before a decision was rendered in this matter, the Canadian High Consulate in Delhi, India, asked for an obtained a number of background documents related to Mr. Bhalrhu’s past dealings with immigration authorities: [...] In the Supreme Court decision of Baker, supra, the Court clearly states that interviews are not an indispensable element of the duty of procedural fairness. [...] [65] In his submissions, Mr. Bhalrhu challenges the finding dealing with the best interest of the children.
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3,665.
Jogia v. Canada (Citizenship and Immigration) - 2009 FC 596 - 2009-06-11
Federal Court DecisionsThe courts should not intervene unless the decision was unreasonable or violated principles of procedural fairness. [...] [41] I wish to first deal with Issue 3. [42] Issue 3 Did the officer commit a reviewable error by failing to evaluate the H&C application according to the CIC Manual and Gender Guidelines? [...] [52] Because of my finding on this issue, I need not deal with the other issues.
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3,666.
Yao v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 741 - 2003-06-12
Federal Court DecisionsMr. Yao attended local trade fairs with Chinese economic delegations. [...] other evidence that may be provided to the judge if, in the opinion of the judge, its disclosure would be injurious to national security or to the safety of any person;(c) the judge shall deal with all matters as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit; [...] g) si le juge décide qu'ils sont pertinents, mais que leur divulgation porterait atteinte à la sécurité nationale ou à celle d'autrui, ils ne peuvent faire partie du résumé, mais peuvent servir de fondement à l'affaire;
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3,667.
Jackson v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 89 - 2002-02-01
Federal Court DecisionsEnglish literature deals with English authors. The panel has serious doubts as to the claimant's enrolment in English literature courses. [...] [15] I find therefore that a reasonable and informed person would conclude that I would decide fairly in this case. [...] English literature deals with English authors. The panel has serious doubts as to the claimant's enrollment in English literature courses.
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3,668.
Maritime Telephone and Telegraph Co. v. Howard - 2000-10-25
Federal Court DecisionsThe power to review jurisdictional questions provides the Courts with a useful tool to ensure that tribunals deal with the type of issues which the Legislature intended. [...] [38] Because of my decision on the other issues, it is not necessary that I deal with the [...] issue of procedural fairness under paragraph 242(3.1)(a). [39] The application for judicial review is therefore dismissed with costs to the
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3,669.
Hamida v. Canada (Citizenship and Immigration) - 2014 FC 998 - 2014-10-20
Federal Court DecisionsThe standard of review is therefore reasonableness, and the officer’s decision must be given a great deal of deference according to the principles described in Dunsmuir v New Brunswick, 2008 SCC 9, [2008] 1 SCR 190. [...] [42] The second way in which the operation of issue estoppel may be unfair is not so much concerned with the fairness of the prior proceedings but with the fairness of using their results to preclude the subsequent proceedings. [...] However, even if the prior proceeding was conducted fairly and properly having regard to its purpose, injustice may arise from using the results to preclude the subsequent proceedings.
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3,670.
Syndicat des communications de Radio-Canada v. Canada (Attorney General) - 2011 FC 314 - 2011-03-16
Federal Court Decisions[1] This is an application for judicial review of the decision by the Canadian Human Rights Commission dated February 22, 2010, to not deal with the portion of the complaint on the [...] To establish such a fair basis, the investigator must satisfy two conditions: neutrality and thoroughness. [...] [32] Hodge and Granovsky do not apply in the case at bar given the fact that these decisions deal with the application of section 15 of the Charter.
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3,671.
Lower St. Lawrence Pilots, LLP v. Bouchard - 2004 FC 1776 - 2004-12-23
Federal Court DecisionsSection 10, which deals with discriminatory policies or practices, is worded: [...] In my opinion, the analogy made by Lemieux J. in Brine v. Canada Ports Corporation, [1999] F.C.J. No. 1439 (QL), between a review under subsection 41(1) of the CHRA and a preliminary inquiry, is fair. [...] If it is not plain and obvious to the Commission that the complaint falls under one of the grounds for not dealing with it under section 41, the Commission should, with dispatch, proceed to deal with it.
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3,672.
Belmonté v. Longshoremen's Union - 2004 FCA 141 - 2004-04-02
Federal Court of Appeal DecisionsIn doing so, the applicants were dealing with an irrelevant point. The question is not whether the motion to strike is valid, but whether the notice of application is valid. [...] In fact, the notice of application raises four grounds, including the absence of procedural fairness and the fact that the Board relied on the report prepared by its officer Mr. Poch. [...] There was nothing in the applicants' arguments dealing with the validity of these allegations, which needless to say had nothing to do with the fact that the Board dismissed the applicants' complaint because the latter were not members of the Union which they accused of unfair practices toward them, and so had no standing
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3,673.
Horii v. Canada - 1999-07-05
Federal Court Decisions(d) may prejudice or delay the fair trial of the action, (e) constitute a departure from a previous pleading, or [...] [12] In the case of Horii v. Her Majesty the Queen et al1, a case involving the present parties, Mr. Justice Hugessen, speaking for the Court of Appeal, in dealing with a request for a interlocutory injunction, determined, at that time, that the Plaintiff had a serious issue to be tried. [...] [13] On page 5 of the judgment, and in dealing with the issue of harm that may occur in the future, Mr. Justice Hugessen states:
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3,674.
Correa Rodriguez v. Canada (Citizenship and Immigration) - 2021 FC 937 - 2021-09-10
Federal Court DecisionsShe argues that the RAD breached its duty of procedural fairness by failing to address in its reasons the issue of a viable IFA in Colombia. [...] [7] When reviewing issues of procedural fairness, the role of this Court is to determine whether the proceedings were fair in all the circumstances (Canadian Pacific Railway Company v Canada (Attorney General), 2018 FCA 69 at paras 54-56; Canadian Association of Refugee Lawyers v Canada (Immigration, Refugees and [...] It is a well-established principle that the Court will not deal with arguments raised for a first time in a further memorandum of law.
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3,675.
Perez v. Hull - 2019 FCA 238 - 2019-09-24
Federal Court of Appeal Decisions[15] I will deal with the fresh evidence issue first. This Court has already disposed of this issue via the order of Justice Nadon on November 27, 2018. [...] [18] Turning to the issue of procedural fairness, the appropriate question to ask is whether the procedure was fair having regard to all of the circumstances, including the Baker factors (Canadian Pacific Railway Company v. Canada (Attorney General), 2018 FCA 69 at para. 54, [2019] 1 F.C.R. 121). [...] This afforded Ms. Perez sufficient procedural fairness in the circumstances.