11,312 result(s)
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3,676.
Koita v. Canada (Citizenship and Immigration) - 2016 FC 1247 - 2016-11-08
Federal Court DecisionsAlthough the RPD does not doubt that the applicant had to deal with very troubling incidents involving her father and her husband, her general testimony and all of her evidence were not deemed sufficiently credible to grant her refugee status. [...] [6] First, we should bear in mind the applicant’s arguments regarding procedural fairness. [...] I believe that by acting in this manner, the member of the RAD complied with the rules of procedural fairness.
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3,677.
Camara v. Canada - 2015 FCA 43 - 2015-02-12
Federal Court of Appeal Decisions[101] In my view, there are appropriate remedies available in the administrative law context to deal with state-caused delay in human rights proceedings. [...] (...) [115] I would be prepared to recognize that unacceptable delay may amount to an abuse of process in certain circumstances even where the fairness of the hearing has not been compromised. [...] [11] It is undisputed that the delay in this matter did not impact the fairness of the hearing.
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3,678.
Russo v. Canada (Public Safety and Emergency Preparedness) - 2013 FC 405 - 2013-04-22
Federal Court DecisionsHe was diagnosed as Bipolar Type II in December 2011 and has been prescribed anti-depressant and anti-psychotic medication to deal with that illness. [...] [12] The Applicant argues that the Officer improperly relied on extrinsic evidence which was not disclosed to him, thereby giving rise to a breach of procedural fairness. [...] In my opinion the failure to disclose this extrinsic evidence was a breach of procedural fairness.
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3,679.
Butlin v. Canada (Attorney General) - 2011 FC 616 - 2011-05-25
Federal Court Decisionsa. Was there a breach of procedural fairness? b. Was the CRA’s decision to deny the Applicant’s request for taxpayer relief reasonable? [...] Therefore the Respondent submits that there was no breach of procedural fairness. [...] I do not find there is enough evidence to find there was a breach of procedural fairness.
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3,680.
Saiedy v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1367 - 2005-10-06
Federal Court Decisions[11] I shall analyse the two alleged breaches of procedural fairness first. [...] PRESIDING MEMBER: I should just say because the claimant can understand this much English, that we deal with a lot of claimants that have good English, sufficient for them to have gone on business conferences, et cetera. [...] I conclude that the applicant has not established a breach of procedural fairness in that respect.
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3,681.
Joly v. Canada (Attorney General) - 2014 FC 1253 - 2014-12-23
Federal Court Decisions1. Did the PBC breach its duty of procedural fairness by denying the Applicant an oral hearing? [...] I have arrived at my conclusions on fairness with all of the above in mind. [...] I do not find it necessary to deal with the second and third issues raised in this matter, given the outcome of the first.
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3,682.
Bow River Pipe Lines Ltd. v. Canada - 1997-07-16
Federal Court of Appeal DecisionsThis agreement deals with the acquisition of the shares of Lone Rock by the appellant.[18] [...] Article XII of the partnership agreement deals with the transfer of partnership interests. [...] (2) The consent may be either expressed or inferred from a course of dealing.
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3,683.
Diaz Castillo v. Canada (Citizenship and Immigration) - 2021 FC 1118 - 2021-10-21
Federal Court DecisionsThe applicants have not demonstrated a breach of procedural fairness. [...] [17] At the hearing, the applicants argued that the finding of wilful blindness on the part of the applicant was another breach of procedural fairness. [...] They alleged that this conclusion is based on assumptions and that there is nothing in the evidence to cast doubt on the applicant’s allegations that he was unaware, prior to the summer of 2014, that he was dealing with cartel members.
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3,684.
Fitzgerald v. Canada (Attorney General) - 2020 FC 939 - 2020-09-29
Federal Court Decisions[5] The process is investigatory in nature but may include an interview particularly when dealing with enhanced security screening required for NATO clearance. [...] • a) Was there a breach of procedural fairness in the process particularly in respect of notice? [...] [26] The Court’s task is to determine whether the process followed satisfied the level of fairness required.
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3,685.
Mohammed v. Canada (Citizenship and Immigration) - 2017 FC 992 - 2017-11-03
Federal Court DecisionsA. Was there a denial of procedural fairness because the Officer relied on extrinsic evidence but did not provide the Applicant with an opportunity to rebut that evidence? [...] fairness? [6] The Applicant submits that the Officer’s comments in the GCMS notes about the “push/pull” factors indicates that there was a reliance on extrinsic evidence, and that the failure to advise the Applicant of this evidence and to provide an opportunity to comment on it amounts to a denial of procedural fairness. [...] [11] I find that there was no denial of procedural fairness because the Officer did not refer to extrinsic evidence of the sort that might have given rise to the obligation to provide a fairness letter to the Applicant.
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3,686.
Bushra v. Canada (Immigration, Refugees and Citizenship) - 2016 FC 1412 - 2016-12-23
Federal Court Decisions[18] The only issue in this case is procedural fairness, which in this case is fact-driven and circumstance dependent. [...] In my respectful view, the Applicant was not treated fairly. [22] There are other issues. [...] While I appreciate that there is no obligation to deal with every fact, in my view this particular fact was the essence of the Applicant’s H&C claim.
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3,687.
Amgen Canada Inc. v. Apotex Inc. - 2016 FCA 121 - 2016-04-20
Federal Court of Appeal DecisionsProcedural fairness and the need for the Court to have sufficient evidence before it to adjudicate a matter on the merits can trigger the use of plenary powers. [...] On this record, Apotex’s failure to deal fully with the issue now raised by Amgen in its responding record cannot be said to be the product of unacceptable tactics. [...] This is fair. I will provide for this in my order. [26] Amgen asks for the ability to file evidence on the mootness motion by way of surreply.
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3,688.
Zeng v. Canada (Citizenship and Immigration) - 2015 FC 484 - 2015-04-16
Federal Court DecisionsEverything the member said about the applicant’s counsel was true or a fair inference in the circumstances. [...] I have seen nothing to suggest that the conduct of the hearing was such that the applicant was denied procedural fairness. [...] The applicant argues that these comments deprived her of a right to a fair hearing.
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3,689.
Gaskin v. Canada Revenue Agency - 2013 FCA 36 - 2013-02-14
Federal Court of Appeal Decisions[3] To better understand Mr. Gaskin’s position, it is useful to provide a brief overview of Part II of the Code, which deals with occupational health and safety. [...] Procedural fairness [9] In his application, Mr. Gaskin takes the position that the Board denied him both due process and a fair hearing. [...] c) soit il a observé les dispositions de la présente partie ou cherché à les faire appliquer.
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3,690.
Mendoza Perez v. Canada (Citizenship and Immigration) - 2011 FC 1 - 2011-01-05
Federal Court Decisions1. Did the officer breach her duty to act fairly by omitting to give intelligible reasons for her decision on the authenticity of the relationship? [...] She therefore argues that the officer has breached her duty to act fairly, and the decision should be quashed. [...] [18] I do not find that there has been any breach of procedural fairness here, as the officer has given intelligible reasons for her findings.
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3,691.
Ryzak v. Canada (Minister of Citizenship and Immigration) - 2003 FC 874 - 2003-07-14
Federal Court Decisions[16] Section 7.3 of the former IP5 Guidelines, in effect at the time the officer's May 22, 2001, decision was made, deals with the withdrawal of a sponsorship. [...] I find that the applicant's right to procedural fairness was not violated. [...] [29] For the reasons expressed above, I find that the applicant's right to procedural fairness was not breached.
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3,692.
Wang v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 365 - 2003-03-27
Federal Court Decisions[9] The Applicant further submits that the Visa Officer violated the duty of fairness in assessing his application. [...] a) de faire des études dans une université ou un collège autorisés par la loi ou par une charte à délivrer des diplômes; [...] [17] The Applicant puts a great deal of emphasis on his study plan. He characterizes this as a comprehensive document which reflects his past academic success.
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3,693.
Mann v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 567 - 2002-05-16
Federal Court DecisionsIt is certain, with Baker, that the interests of the children are one factor that an immigration officer must examine with a great deal of attention. [...] It is important to emphasize the particular context in which this question of procedural fairness arises. [...] In such circumstances, I am satisfied that the obligation on an Immigration Officer to advise such an applicant, as a matter of procedural fairness, of whatever concerns the visa officer may have about the merits of the application is reduced.
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3,694.
Hamilton v. Driftpile First Nation Band - 2002 FCT 405 - 2002-04-10
Federal Court DecisionsAs the Alberta Human Rights Commission did not have jurisdiction to deal with this complaint, which came under federal jurisdiction, the file was transferred to the Canadian Human Rights Commission and a formal complaint was filed on June 25, 1996. [...] Considering the contextual factors in the present case, I am not satisfied that the delay "[...] would offend the community's sense of decency and fairness" (Blencoe, supra at para. 132). [...] [26] In conclusion, the rules of procedural fairness require that a complainant know the substance of the case against him or her.
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3,695.
Herb Brown Builders Ltd. v. Canada - 1998-03-04
Federal Court Decisions9 another element of fairness in that set of facts. 10 Therefore, I am not deciding this as a [...] 14 country in terms of fairness and justice and these sort 15 of elements. [...] 14 You are not ready to deal with that 15 today? 16 MR. DECORE: It is not fair to my friend, sir.
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3,696.
Kaur v. Canada (Citizenship and Immigration) - 2024 FC 943 - 2024-06-18
Federal Court Decisions[3] Ms. Kaur first argues that the officer breached procedural fairness by making credibility findings without giving her notice and an opportunity to provide further submissions. [...] She highlights the officer’s statement, when dealing with the bank account issue, that “this information lacks authenticity of the reason to come to Canada”, as proof that credibility was the real concern. [...] The requirements of procedural fairness with respect to visa applications are minimal: Yuzer v Canada (Citizenship and Immigration), 2019 FC 781 at paragraph 16.
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3,697.
Mao v. Canada (Citizenship and Immigration) - 2018 FC 891 - 2018-09-05
Federal Court Decisions[16] The issues of procedural fairness are reviewable on the standard of correctness; see the decision in Canada (Citizenship and Immigration) v Khosa, [2009] 1 S.C.R. 339. [...] [19] Similarly, I am not persuaded that the RAD breached procedural fairness by considering a new issue without notice to the Applicant. [...] Although the RAD noted that the RPD had not dealt with that document, it was within the authority of the RAD to deal with it.
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3,698.
Haddad v. Canada (Citizenship and Immigration) - 2012 FC 361 - 2012-03-27
Federal Court Decisions(d) Did the Citizenship Judge breach procedural fairness or natural justice? [...] This undeniably raised questions in his mind regarding the fairness and reasonableness of the decision-making process that can only be remedied by the reconsideration of a different Citizenship Judge. [...] It is therefore unnecessary for me to deal with the other issues raised by this application.
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3,699.
Woodhouse v. Canada (Indian Affairs and Northern Development) - 2009 FC 385 - 2009-04-17
Federal Court Decisions25. This Court has already held in Morin v. Canada (Minsiter of Indian and Northern Affairs), [1998] F.C.J. No. 82 that the non-disclosure of an investigator’s report leading to the setting aside of a Band election violates the principles of fairness. [...] 27. In the human rights context it has been held fairness requires an investigator’s report be disclosed before the Canadian Human Rights Commission decides a complain. [...] • [17] Because of my finding, I need not deal with the other issues.
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3,700.
Abdullah v. Canada (Minister of Citizenship and Immigration) - 2006 FC 1185 - 2006-10-05
Federal Court DecisionsA question as to the sufficiency of reasons supporting a decision raises a question of procedural fairness. [...] Moreover, in the intervening months, the officer had undoubtedly been called upon to deal with many other visa applications, which would inevitably have had a negative impact on her ability to recall her precise thought processes in assessing Mr. bin Abdullah’s personal suitability. [...] [18] In Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817, the Supreme Court of Canada observed that, in certain circumstances, the duty of procedural fairness will require the provision of written reasons for a decision.