11,312 result(s)
-
3,701.
Ali v. Canada (Solicitor General) - 2006 FC 248 - 2006-02-23
Federal Court DecisionsAs a secondary issue, the applicants allege that they were denied procedural fairness by the failure of the officer to disclose documents that she had accessed from the Internet and relied upon in making her findings with respect to changed country conditions. [...] [8] As I have concluded that the application must be granted on the primary ground, I do not propose to analyse the fairness issue. [...] [13] Indeed, the officer did deal with the question of whether Mr. Ali was at risk of being conscripted into the Sudanese army and concluded, reasonably, that considering his age (48) there was a slight but improbable risk.
-
3,702.
Vero v. Canada (Minister of Citizenship and Immigration) - 2005 FC 999 - 2005-07-19
Federal Court Decisions1. Was there a breach of procedural fairness in that the minor applicant was removed from the hearing room and not provided with a summary of the evidence she missed? [...] The applicants now claim that this resulted in a breach of procedural fairness because the minor applicant missed the portion of her father's testimony dealing with the alleged abduction and no summary of the testimony was provided to her before she was called back to testify. [...] [9] I am satisfied that no breach of procedural fairness occurred. Although an applicant should not normally be excluded from the hearing room, there was cause to do so in the present case.
-
3,703.
Jabar v. Canada (Minister of Citizenship and Immigration) - 2005 FC 602 - 2005-05-02
Federal Court DecisionsIn dealing with the issue of subjective fear, the Panel drew an adverse inference from his failure to file for refugee protection while transiting the UK. It also drew an adverse inference from the delay in filing in Canada. [...] Most importantly, fairness requires that an applicant be given an opportunity to offer an explanation to the Board for any such delay. [...] [16] The Panel's decision and the inference drawn, in these circumstances, constitute a breach of procedural fairness.
-
3,704.
Leskiw v. Canada (Attorney General) - 2004 FCA 177 - 2004-05-03
Federal Court of Appeal DecisionsHe also contended that he had been denied a fair hearing by Ms. Cameron because he had not been given a chance to make submissions to HRDC on the "erroneous advice" issue. [...] [8] It was open to the applications judge to find that Ms. Cameron respected the requirements of fairness. [...] It was therefore open to the applications judge to conclude as she did that the appellant had been given the opportunity to make further submissions and thus there had been fairness in the process.
-
3,705.
Foster v. Canada (Attorney General) - 2015 FC 1065 - 2015-09-10
Federal Court Decisions[30] While the quantum of procedural fairness varies with the circumstances, in considering the relevant factors as outlined in Baker, above, the decision falls towards the higher end of the spectrum of procedural fairness: one must consider: [...] The values underlying the duty of procedural fairness relate to the principle that the individual or individuals affected should have the opportunity to present their case fully and fairly, and have decisions affecting their rights, interests, or privileges made using a fair, impartial, and open process, appropriate to the [...] In the same vein, the Crown’s duty to deal honourably with the Aboriginal collective requires that the Agreement be interpreted and implemented in light of its purpose and within its social and historical context.
-
3,706.
Bédard v. Canada (Attorney General) - 2007 FC 516 - 2007-05-16
Federal Court Decisions(i) would fairly and adequately represent the interests of the class, [...] (i) would fairly and adequately represent the interests of the class, [...] [95] As mentioned, Ms. Bédard did not deal with this point in her affidavit at all.
-
3,707.
Brink’s Global Services Korea Ltd. v. Binex Line Corp. - 2022 FC 571 - 2022-04-20
Federal Court DecisionsThe Claim here is wider in scope as the Korean claim only deals with limitations of liability. [...] [92] Sixth, there is a body of law in Canada that grants jurisdiction to the Federal Court to deal with cargo losses. [...] (iv) for political, racial, religious or other reasons be unlikely to get a fair trial.
-
3,708.
La Rose v. Canada - 2020 FC 1008 - 2020-10-27
Federal Court Decisions(d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or [...] [33] Policy and political questions are not a bar to judicial involvement, however, “[s]ome questions are so political that courts are incapable or unsuited to deal with them, or should not deal with them in light of the time-honoured demarcation of powers between the courts and other branches of government” (Hupacasath at [...] [40] The Plaintiffs’ position fails on the basis that there are some questions that are so political that the Courts are incapable or unsuited to deal with them.
-
3,709.
Musqueam Indian Band v. Canada (Governor in Council) - 2004 FC 1564 - 2004-11-05
Federal Court Decisions[1] These reasons deal with a number of motions brought as part of the case management of these two matters. [...] "Ultimately it boils down to a consideration of simple fairness, common sense and the interest that the courts have that justice be done" [...] [17] Applying the above principles to this motion, the amendment deals with the real issue in this case.
-
3,710.
Canada v. IPSCO Recycling Inc. - 2003 FC 1518 - 2003-12-23
Federal Court Decisionsa) s'abstenir d'agir en violation de la présente loi ou de ses règlements ou, au contraire, faire quoi que ce soit pour s'y conformer; [...] d) déplacer un moyen de transport vers un autre lieu, y compris faire entrer un navire au port ou faire atterrir un aéronef à un aéroport; [...] [212] As noted, the 1992 and 1993 EPA Reports deal extensively with the use of statistics.
-
3,711.
Zaki v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1066 - 2005-08-05
Federal Court DecisionsThus, the issuing of guidelines dealing with procedures to be adopted in RPD hearings is within the power of the RPD. The Applicant submits, however, that this particular provision in paragraph 19 of Guideline 7 is in itself procedurally unfair to claimants. [...] She further stated that questions of procedural fairness must not be considered in a hypothetical context (paras. 26-28). [...] [18] An allegation of lack of procedural fairness cannot be considered in a hypothetical context (Silva, at paras. 26 - 28).
-
3,712.
Potvin v. Canada (Attorney General) - 2005 FC 391 - 2005-03-18
Federal Court Decisions[17] The applicant contends that the Commissioner breached his duty to act fairly by not disclosing Mr. Carroccetto's memo and that his decision not to deal with the out-of-time allegations is patently unreasonable. [...] 1. Procedural fairness (a) Is there an obligation to provide the consultant's memo during the investigation process? [...] [33] This second argument concerning procedural fairness raised by the applicant is likewise unfounded.
-
3,713.
Ali v. Canada (Minister of Citizenship and Immigration) - 1998-04-14
Federal Court DecisionsThe applicant submits that this was a denial of procedural fairness to not make him aware of these concerns. [...] The case at bar deals with one who applies to enter Canada as a visitor and has no right to a particular outcome. [...] [i]t is still not clear in what circumstances procedural fairness requires that the visa officer apprise the applicant of his concerns.
-
3,714.
C. J. McCarty Inc. v. The Queen - 2015 TCC 201 - 2015-08-12
Tax Court of Canada Judgments(a) a taxpayer shall be deemed to own each share of the capital stock of a corporation owned at that time by a person with whom the taxpayer does not deal at arm’s length, [...] (b) each beneficiary of a trust shall be deemed to own that proportion of all such shares owned by the trust at that time that the fair market value at that time of the beneficial interest of the beneficiary in the trust is of the fair market value at that time of all beneficial interests in the trust, [...] (c) each member of a partnership shall be deemed to own that proportion of all the shares of any class of the capital stock of a corporation that are property of the partnership at that time that the fair market value at that time of the member’s interest in the partnership is of the fair market value at that time of the
-
3,715.
Marino Gonzales v. Canada (Citizenship and Immigration) - 2011 FC 389 - 2011-03-30
Federal Court Decisions[23] The sixth issue raises a question of procedural fairness; it also attracts a correctness standard. [...] This denial of procedural fairness vitiates the whole Decision, so that the matter must be sent back for re-determination. [...] I do not need to deal with all of them because it is my view that the Decision is flawed in a fundamental way that requires reconsideration of the Applicant’s claim.
-
3,716.
Canada RNA Biochemical Inc. v. Canada (Health) - 2021 FCA 213 - 2021-11-02
Federal Court of Appeal Decisions[8] Before turning to the specific grounds of appeal raised by the appellant, I will deal with a new argument raised by the appellant at the hearing of the appeal, one to which the respondent did not object. [...] V. Procedural fairness [26] The appellant contends that the Federal Court erred in applying a reasonableness standard of review to questions of procedural fairness. [...] [35] I turn to the appellant’s second asserted breach of procedural fairness.
-
3,717.
Asl v. Canada (Citizenship and Immigration) - 2016 FC 1006 - 2016-09-06
Federal Court Decisions[7] On January 27, 2015, the visa officer sent the Applicant a procedural fairness letter. [...] [22] When dealing with a question of extrinsic evidence, this Court has held that it is not necessary to discuss the standard of review, but that it should evaluate whether the rules of procedural fairness have been adhered to (Qureshi above at para 14; Dios above at para 23). [...] In light of this, and for the reasons below, I find that the officer did not breach procedural fairness.
-
3,718.
Zabihiseasan v. Canada (Attorney General) - 2023 FC 1119 - 2023-08-18
Federal Court DecisionsAccordingly, courts should respect the legislative choice of the tribunal as the first instance decision maker by giving the tribunal the opportunity to deal with the issue first and to make its views known. [...] V. Procedural fairness A. Parties positions (1) Applicant’s position [...] There is also no breach of procedural fairness nor a reasonable apprehension of bias.
-
3,719.
Déronet v. Canada (Citizenship and Immigration) - 2023 FC 84 - 2023-01-20
Federal Court DecisionsConsequently, I cannot give this factor a great deal of weight” (Decision at 4/6). [...] This passage is found in the section dealing with the applicant’s establishment. [...] That seems fair. IV. Conclusion [27] As can be seen, the applicant has failed to meet her burden of demonstrating serious shortcomings in the decision under review that would render the decision unreasonable.
-
3,720.
Central Island Realty Ltd. v. M.N.R. - 2010 TCC 8 - 2010-01-07
Tax Court of Canada JudgmentsThere is no dispute that but for paragraph 5(3)(b), Denise Dumbrell and the Appellant would not have been dealing with each other at arm’s length. [...] (b) if the employer is, within the meaning of that Act, related to the employee, they are deemed to deal with each other at arm’s length if the Minister of National Revenue is satisfied that, having regard to all the circumstances of the employment, including the remuneration paid, the terms and conditions, the duration and [...] I find this surprising since it appears to have been a fairly lengthy and detailed interview.
-
3,721.
Care Nursing Agency Ltd v. M.N.R. - 2007 TCC 527 - 2007-10-03
Tax Court of Canada JudgmentsI plan to deal with that in due course. The facts established at trial are, first, that all nurses in schedule A were placed in hospitals or nursing homes or rehabilitation centres by the Appellant. [...] Notwithstanding the fact that both sections are clearly satisfied on the facts of this case, there were various arguments raised by the representative of the Appellant that I feel, in fairness, I should address myself to. [...] The representative of the Appellant also argued that there was no direction and control because we are dealing with highly skilled and experienced nurses who, while they had to be told what to do, could not be told how.
-
3,722.
Legere v. Canada - 2003 FC 869 - 2004-03-01
Federal Court DecisionsNor is there jurisdiction in the Federal Court either to hear a collateral attack, by way of the Federal Crown as a defendant, on the decisions of the BC Supreme Court, or over the Provincial Crown in order to deal with the alleged transgression of a municipal police force. [...] [6] Later, again on an unspecified date, the Plaintiff says that Mr Justice Fraser, during a rule 18A hearing, a rule that deals with summary trial, had the Plaintiff incarcerated for two hours. [...] The Queen v. Beauregard, [1986] 2 S.C.R. 56, which deals largely with judicial independence, is particularly instructive.
-
3,723.
AB Hassle v. Apotex Inc. - 2003 FC 903 - 2003-07-21
Federal Court Decisions[1] These reasons deal with the scope of cross-examination on an affidavit filed in support of a motion for leave to adduce reply evidence. [...] This is clearly the function of the hearing judge dealing with the matter on the merits, and not that of a motions judge. [...] In assessing whether Dr. Lindquist's evidence will assist the Court, the only issue is whether it fairly responds to matters raised in Apotex's evidence.
-
3,724.
Amable v. Canada (Attorney General) - 1998-06-04
Federal Court Decisions[17] On judicial review, the burden is on the applicant to prove that the administrative tribunal failed to observe procedural fairness or acted unfairly or unreasonably. [...] [26] It is clear, in my view, that the Board was dealing with a borderline case. [...] As I said earlier, despite the risks society imputes to him, the applicant deserves a great deal of sympathy.
-
3,725.
Canada (Minister of Human Resources Development) v. Cantwell - 2006 FCA 75 - 2006-02-14
Federal Court of Appeal Decisions[5] In any event, in the present instance we are dealing with a situation where Dr. Watt was allowed by the Board to express opinions and raise new issues that were not in his medical reports. [...] We agree and, in our view, the Board's refusal led to a breach of procedural fairness which compromises the fairness of the hearing.