11,312 result(s)
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3,726.
Faulding (Canada) Inc. c. Pharmacia - 2001 FCT 12 - 2001-02-02
Federal Court Decisions[2] I am satisfied that for the most part, these amendments are of a fairly technical nature, clarifying the issues and bringing the pleadings in line with the filed expert reports, and that they will cause no prejudice to the defendant, but the defendant [...] This is a new allegation, and I think I would have rejected it as being likely to cause prejudice were it not for the fact that quite clearly on the material before me, this point has been dealt with by the defendant's experts, that defendant's solicitors asked their experts to deal with the point and they did so. [...] [6] All the other amendments, I am perfectly satisfied as I say, are of matters which were already fairly in issue, the experts have already dealt with most of them, the amendments are in effect to make the pleadings conform to the evidence which is anticipated will be put before the Court and I see no reason why they
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3,727.
Lomovtseva v. Canada (Minister of Citizenship and Immigration) - 1998-06-18
Federal Court Decisions[6] I will deal with each of the grounds raised by the applicant Shakeel v. Canada (Minister of Citizenship and Immigration), (12 May 1998), IMM-2589-97 (F.C.T.D.), MacKay J. [...] [11] The visa officer concluded from the interview that the applicant had a fair knowledge of English but was not completely fluent in English, even if she had spent a couple of years in the United States. [...] [16] The applicant has failed to show that the visa officer erred in the exercise of her discretion or breached the rules of procedural fairness.
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3,728.
Chen v. Canada (Public Safety and Emergency Preparedness) - 2018 FC 13 - 2018-01-09
Federal Court DecisionsThe Respondent also categorizes the third issue as a question of fairness. [...] The Applicant submits that this amounts to a breach of the duty of fairness. [...] [87] In dealing with s 37(1)(a) – the provision relied upon by the ID in this case – the Federal Court of Appeal in Sittampalam, above, came to the following conclusion:
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3,729.
West Vancouver v. British Columbia - 2005 FC 593 - 2005-05-04
Federal Court Decisions[61] The case of Lavoie v. Canada (Minister of Environment), [2000] F.C.J. No. 1238, dealt with the interpretation of subsection 18(3) of the CEAA dealing with fairness and public participation. [...] Parliament has, in 1992, legislated on the content of fairness and has displaced the common law. [...] [78] Before dealing with the main issue, I am required to comment on two legal issues raised by B.C.'s counsel at the hearing.
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3,730.
Democracy Watch v. Canada (Attorney General) - 2022 FCA 208 - 2022-12-05
Federal Court of Appeal Decisions• “failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe” (paragraph 18.1(b)) [...] Hard-core legal issues—the statutory limits on the Commissioner, procedural fairness and legal circumstances that would completely vitiate the Commissioner’s proceedings, such as fraud—are for the Court to decide. [...] Where appropriate, the judge can decline to deal with the motion and adjourn it to the appeal panel for its consideration.
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3,731.
Marleau v. Canada (Attorney General) - 2011 FC 1149 - 2011-10-12
Federal Court DecisionsThe Court therefore does not have to deal with questions 2 and 3. The Court will deal nonetheless with certain questions discussed at the hearing in the hope that this will be useful for the parties. [...] 90. There shall be a procedure for fairly and expeditiously resolving offenders’ grievances on matters within the jurisdiction of the Commissioner, and the procedure shall operate in accordance with the regulations made under paragraph 96(u). [...] The Correctional Investigator will decide how to deal with the complaint at his/her discretion, under Part III of the CCRA.
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3,732.
FMC Technologies Co. v. Canada (National Revenue) - 2008 FC 871 - 2008-07-15
Federal Court Decisions[36] Assuming that this Court does have jurisdiction to deal with this matter, the second issue that then arises is the appropriate standard of review to be applied with respect to the Minister’s decision. [...] Parliament has set up a complex structure to deal with a multitude of tax-related claims and this structure relies on an independent and specialized court, the Tax Court of Canada. [...] Nevertheless, I will deal briefly with the other issues raised by FOCC, in the event that a reviewing Court may disagree with my jurisdictional finding.
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3,733.
Hamid v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1632 - 2005-12-01
Federal Court DecisionsEvery enactment is deemed remedial, and shall be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objects. [...] • I will then look for guidance to the surrounding provisions of Part 6, Division 1 of the Regulations dealing with Skilled Workers, since the question before me is set in the context of the application for admission to Canada as a skilled worker and, enlarging the circle of context, turn to provisions within the [...] Where the applicable Regulations do not directly deal with lock-in, is there a presumption of lock-in?
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3,734.
Aquilini v. Canada - 2021 FCA 206 - 2021-10-26
Federal Court of Appeal Decisions[26] Subsection 103(1.1) of the Act will only apply if members of a partnership are not dealing with each other at arm’s length. [...] If the partners are dealing with each other at arm’s length, the provision does not apply. [...] A fair reading of his reasons reflects the focus on the allocation of the income of AIGLP and the losses of the GERI partnership.
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3,735.
Mursalim v. Canada (Citizenship and Immigration) - 2016 FC 264 - 2016-03-01
Federal Court DecisionsThe Respondent argues that the Officer’s decision deals with questions of fact and discretion and is subject to a standard of reasonableness. [...] [10] The Applicant raises several arguments in his submissions on procedural fairness. [...] [17] The Respondent does not take issue with the existence of this duty of fairness.
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3,736.
Desgagnés Transarctik Inc. v. Canada (Attorney General) - 2012 FC 1224 - 2012-10-25
Federal Court Decisions[18] In that letter of March 11, 2011, the Minister stated that his rejection of the applications was based on the need to ensure fair and equitable treatment of the owners of vessels working in the same market as the applicant’s three vessels and on an effort to comply with previous decisions dealing with the issue of [...] [25] The respondent argues that an analysis of these factors shows that the requirements of the duty of fairness that apply to the decision‑making process on an application under subsection 115(1) of the Tariff are at the low end of the procedural fairness scale. [...] [28] In all this context, I am of the view that there was no breach of the duty of procedural fairness here.
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3,737.
Krishnamoorthy v. Canada (Citizenship and Immigration) - 2011 FC 1342 - 2011-11-22
Federal Court DecisionsDid the officer breach procedural fairness by failing to disclose the CTS memorandum and the CSIS report? [...] [118] But an unrestricted and broad definition is not a license to classify anyone who has had any dealings with a terrorist organization as a member of the group. [...] However, the Court also considered what the duty of fairness would entail when documents are not disclosed.
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3,738.
Kamara v. Canada (Citizenship and Immigration) - 2007 FC 448 - 2007-04-27
Federal Court DecisionsB. Whether the reverse order of questioning in the circumstances of this case, prevented the Applicant from receiving a fair hearing. [...] The Applicant contends that in this case the conduct of the Board member during questioning establishes a lack of procedural fairness such that the Applicant was not afforded a fair hearing. [...] The jurisprudence of the Court is clear; such issues dealing with procedural fairness must be raised at the earliest opportunity.
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3,739.
Eastmond v. Canadian Pacific Railway - 2004 FC 852 - 2004-06-11
Federal Court Decisions(4) Part 1 has two other divisions dealing with audits and a general division dealing with confidentiality and other matters concerning the status of the Privacy Commissioner. [...] Les organisations doivent faire un effort raisonnable pour s'assurer que la personne est informée des fins auxquelles les renseignements seront utilisés. [...] That interest must be fairly balanced with what is becoming recognized as the employee's interest in a respect for his or her personal privacy.
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3,740.
Grenier v. M.N.R. - 2006 TCC 27 - 2006-01-30
Tax Court of Canada Judgments(i) employment if the employer and employee are not dealing with each other at arm's length. [...] party to a transaction did or had the power to influence or exert control over the other and that the dealings of the parties are not consistent with the object and spirit of the provisions of the law and they do not demonstrate a fair participation in the ordinary operation of the economic forces of the market place. [...] [38] It is doubtful that an employee dealing at arm's length would have agreed to work in such conditions.
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3,741.
Mamand v. Canada (Citizenship and Immigration) - 2021 FC 818 - 2021-08-04
Federal Court DecisionsDid the Officer breach procedural fairness by refusing to convoke an oral hearing? [...] Consequently, the Officer’s failure to convoke an oral hearing was a breach of procedural fairness. [...] The decision on this front dealing with country conditions was not unreasonable.
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3,742.
Snieder v. Canada (Attorney General) - 2013 FC 218 - 2013-03-05
Federal Court DecisionsThey are entitled to be treated with respect, and in the case of the grievance process, in a procedurally fair manner. [...] (75) I recommend that the National Defence Act be amended to include an obligation on the Chief of Defence Staff and the person that he may designate to act as his delegate as final authority to deal with all matters before them as informally and expeditiously as the circumstances of fairness permit. [...] However, the issue raised here is one of procedural fairness, specifically undue delay.
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3,743.
Calma v. Canada (Citizenship and Immigration) - 2009 FC 742 - 2009-07-22
Federal Court Decisions[18] In written argument, the Applicant also raises procedural fairness issues. [...] [29] The Respondent says that, when dealing with the duty of fairness for determining visa applications, the Court must guard against imposing a level of procedural formality that, given the volume of applications that officers are required to process, would unduly encumber efficient administration. [...] Apart from the procedural fairness issues raised, the applicable standard of review in this case is reasonableness.
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3,744.
Bourget v. The Queen - 2008 TCC 634 - 2008-11-20
Tax Court of Canada Judgments(c) a person with whom the person was not dealing at arm’s length, the following rules apply: [...] (i) the amount, if any, by which the fair market value of the property at the time it was transferred exceeds the [...] fair market value at that time of the consideration given for the property, and
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3,745.
Lu v. Canada (Citizenship and Immigration) - 2008 FC 1112 - 2008-10-02
Federal Court Decisions[15] Having carefully reviewed the record in this matter, I am satisfied that Ms. Lu was indeed denied procedural fairness in relation to her refugee hearing. [...] As a consequence, a relatively high degree of procedural fairness is required in a hearing in which there is an issue of potential exclusion. [...] [34] In all of the circumstances of this case, I have no confidence that Ms. Lu was provided with a fair hearing in relation to her refugee claim.
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3,746.
Emcon Services Inc. v. The Queen - 2008 TCC 501 - 2008-09-09
Tax Court of Canada JudgmentsFairness Request 19. The Company made a first and second level fairness request to the Minister under subsection 220(3.1) of the Act to waive the 2005 Interest and Penalties (the “Fairness Request”). [...] Tab 7 of the Joint Book of Documents is a copy of the Company’s Fairness Request. [...] [8] In this situation we are dealing with the following amounts: 1. Instalment interest $21,897.39
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3,747.
Sayeed v. Canada (Citizenship and Immigration) - 2008 FC 567 - 2008-05-02
Federal Court Decisions(a) Did the panel err in making a decision that breaches a principle of natural justice or procedural fairness? [...] In my view, the question should be restated as an issue of procedural fairness or natural justice. [...] ... The jurisprudence of the Court is clear; such issues dealing with procedural fairness must be raised at the earliest opportunity.
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3,748.
Gil v. Canada (Citizenship and Immigration) - 2007 FC 1023 - 2007-10-05
Federal Court Decisions[11] Ms. Kim cannot fairly criticize the Board for the fact that her testimony was confusing and inconsistent. [...] Fairness [15] The Applicants also challenge this decision on the ground of fairness. [...] While there was some evident frustration by the Board in dealing with Ms. Kim’s testimony, the member’s impugned remarks do not, to my eye, create a reasonable apprehension of bias or otherwise exceed the boundaries of fairness recognized in other decisions of this Court: see the authorities cited in Chaudhry v. Canada
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3,749.
Gomes v. Canada (Minister of Citizenship and Immigration) - 2006 FC 419 - 2006-03-30
Federal Court DecisionsDid the Board breach its duty of fairness by failing to identify state protection as a live and potentially determinative issue and by then deciding against the Applicants on that issue? [...] [7] There are many cases dealing with the requirement for the Board to identify for the applicant what it considers to be the potentially determinative issues in a refugee hearing. [...] 25 One would not think it contentious to say that the person who has the onus of proof must be given a fair chance to meet that onus.
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3,750.
Dort (Estate) v. Canada (Minister of National Revenue) - 2005 FC 1201 - 2005-09-02
Federal Court DecisionsThat section, like the section in question in this case, section 220(3.1), was part of the Fairness Package which was introduced in 1991. [...] The principle of legitimate expectations is part of procedural fairness. [...] He found that there was no evidence that Mrs. Dort's natural distress upon the death of her husband prevented her from dealing with the Estate's financial matters.