11,312 result(s)
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3,751.
Wright v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 113 - 2002-01-30
Federal Court Decisions[19] I so conclude because while an expulsion officer is bound to act fairly, the concept of procedural fairness is variable. [...] [22] Notwithstanding her removal, the Minister will remain obliged to consider properly and fairly the outstanding H & C application. [...] [27] Ms. Wright's counsel argued that the jurisprudence of this Court concerning motions for stay is "undeveloped and varies depending upon the Justice dealing with the matter".
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3,752.
Singh v. Canada (Minister of Citizenship and Immigration) - 1998-07-16
Federal Court DecisionsThe applicant contends that it was a denial of procedural fairness to not provide this information. [...] More importantly, the visa officer did not deal with the applicant's eight years of experience as a legal secretary to the chief clerk in the law firm. [...] Fairness requires that there must be some identifiable basis for the training requirements and here there is none.
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3,753.
Teva Canada Limited v. Pfizer Canada Inc. - 2017 FC 332 - 2017-03-30
Federal Court DecisionsHe testified for both parties and it is fair to say that he gave complete, helpful, and cogent evidence. [...] [51] Importantly, Des Islet was part of the Integration Team dealing with Ratiopharm. [...] [103] The Court accepts her evidence as credible, reliable, and fair.
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3,754.
9101-2310 Québec Inc. v. The Queen - 2012 TCC 365 - 2012-10-18
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 [...] (a) does not deal with the individual at arm’s length, or ... Transfert ou prêt à l’époux ou au conjoint de fait
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3,755.
Galyas v. Canada (Citizenship and Immigration) - 2013 FC 250 - 2013-03-08
Federal Court Decisions[34] The Applicant submits that the Court has found breaches of procedural fairness in similar cases. [...] Generally speaking it is not for the Courts to deal with allegations of incompetence of counsel: see Williams v. M.E.I. (1994), 74 F.T.R. 34 at 38. [...] [84] It is generally recognized that if an applicant wishes to establish a breach of fairness on this ground, he or she must:
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3,756.
Berger v. Canada (Attorney General) - 2022 FCA 4 - 2022-01-06
Federal Court of Appeal Decisions[12] We also cannot deal with the appellant’s latest 2019 application for CPP disability benefits, even if it was made before the date of the Federal Court decision under appeal. [...] [16] Like the Federal Court, I do not find it necessary to deal with the constitutional issues listed in the notice of appeal. [...] There is nothing in this file on which an informed person could reasonably conclude that it is more likely than not that the decision-maker would not decide or act fairly, whether consciously or unconsciously (Yukon Francophone School Board, Education Area #23 v. Yukon (Attorney General), 2015 SCC 25, [2015] 2 S.C.R. 282 at
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3,757.
Bancheri v. M.N.R. - 1999-01-19
Tax Court of Canada JudgmentsIf it is a substantially similar contract of employment, Parliament has deemed it to be only fair that it should be included in the scheme. [...] [6] Section 61 of the Act deals with appeals to and determination of questions by the Minister. [...] The late Mr. Justice Sopinka, when dealing with the review of the issue of an authorization to wiretap, then said:
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3,758.
Green v. M.N.R. - 1998-05-20
Tax Court of Canada JudgmentsIf it is a substantially similar contract of employment, Parliament has deemed it to be only fair that it should be included in the scheme. [...] [7] Section 61 of the Act deals with appeals to and determination of questions by the Minister. [...] [24] Items 4(c) and 4(d) dealing with the shareholding and the spousal relationship are correct.
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3,759.
Kotelenets v. Canada (Citizenship and Immigration) - 2015 FC 209 - 2015-02-18
Federal Court Decisionsa. Did the IAD breach the duty of procedural fairness owed to the Applicant? [...] [24] As the Respondent correctly points out, the IAD has sole jurisdiction to hear and determine all questions of law and fact and is required by the Act to deal with all proceedings before it informally and as quickly as circumstances permit. [...] An erroneous assessment on any of these bases can lead to a reviewable denial of procedural fairness.
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3,760.
Williams v. Canada (Attorney General) - 2010 FC 704 - 2010-06-28
Federal Court Decisions[15] Finally, the respondent submits that there was no breach of procedural fairness. [...] [30] In the section dealing with the applicant’s claim that he could be managed successfully at Warkworth, the Commissioner stated: [...] [35] The applicant was given a fair process generally and does not raise any legitimate issues of procedural fairness.
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3,761.
Rudan v. Canada (Citizenship and Immigration) - 2023 FC 268 - 2023-02-24
Federal Court DecisionsDid the Officer violate the duty of procedural fairness by raising a reasonable apprehension of bias? [...] [16] The Respondent argues that the Officer fully and fairly considered the Applicant’s request. [...] Would he think that it is more likely than not that [the decision-maker], whether consciously or unconsciously, would not decide fairly.
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3,762.
Varga v. Canada (Citizenship and Immigration) - 2013 FC 494 - 2013-05-10
Federal Court DecisionsHe stated, “I have people that come in here who are fair skin, blonde hair, blue eyes, and then they say they’re Tizigane (ph). [...] In the end, this entirely inappropriate examination gave rise to no breach of procedural fairness because the applicant’s ethnicity was accepted. [...] However, this goes to the reasonableness of the decision, not the overall fairness of the hearing.
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3,763.
Grosvenor v. Canada (Attorney General) - 2011 FC 799 - 2011-06-29
Federal Court Decisions[13] Where an issue of procedural fairness arises, the task for the Court is to determine whether the process followed by the decision-maker satisfied the level of fairness required in all of the circumstances: see Khosa, at para. 43. [...] Having reviewed the letter, I am satisfied that it was clear and that Mr. Grosvenor was given a fair opportunity to produce whatever supporting evidence he may have wanted to provide in support of his claim to have received erroneous information. [...] [22] Before leaving this matter, I would like to note that I recognize that Mr. Grosvenor has become very frustrated in dealing with this matter over the last seven years.
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3,764.
West Region Child and Family Services Inc. v. North - 2008 FC 85 - 2008-01-23
Federal Court DecisionsHe says his mind is made up, and, to be fair, a different adjudicator should determine the matter. [...] he held he was of the view that he had made the right decision and could not, in all fairness, re-adjudicate the matter. [...] Many of the cases which deal with bias arise from the refusal of a judge to recuse himself or herself at the request of one of the parties.
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3,765.
Ziaei v. Canada (Citizenship and Immigration) - 2007 FC 1169 - 2007-11-09
Federal Court Decisions· whether there was a breach of procedural fairness in failing to provide detailed reasons. [...] [13] The two affidavits of Mr. Pakseresht would, in many other proceedings, be struck out on the basis that they are largely irrelevant, argumentative and contain (to the extent that they deal with potentially relevant matters) evidence which was not before the Visa Officer. [...] [31] However, in my opinion, the duty of fairness normally only requires reasons to be given on the request of the person to whom the duty is owed and, in the absence of such a request, there will be no breach of the duty of fairness.
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3,766.
Simon v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 90 - 2002-01-25
Federal Court Decisions2. Did the immigration officer fail to properly apply procedural guidelines and thus breach the duty to act fairly? [...] Did the immigration officer fail to properly apply procedural guidelines and thus breach the duty to act fairly? [...] [17] Because of my finding on Issue 2, I need not deal with Issue 3.
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3,767.
Avs Technologies Inc. v. Canadian Mechanical Reproduction Rights Agency - 2000-06-14
Federal Court of Appeal DecisionsThe issue is a polycentric one dealing with the interests of artists, manufacturers, importers, consumers who record sound, consumers who do not record sound and others. [...] The purpose of Part VIII of the Act is mainly an economic one - that is, to fairly compensate artists and the other creative people for their work by establishing fair and equitable levies. [...] [7] It must be recalled that the scheme devised by Parliament was to fairly compensate artists and others for copyright infringement by those who illegally copied their work.
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3,768.
Safe Food Matters Inc. v. Canada (Attorney General) - 2023 FC 1471 - 2023-11-06
Federal Court Decisionsb) soit obliger le titulaire à faire le rappel du produit et à procéder à sa disposition de la manière qu’il précise; [...] b) soit obliger le titulaire à faire le rappel du produit et à procéder à sa disposition de la manière qu’il précise; [...] As noted before, the PMRA is not obligated to deal with every argument considered, nor is it obliged to expressly deal with every evidentiary issue on this reasonableness review.
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3,769.
Scavuzzo v. The Queen - 2005 TCC 772 - 2005-12-21
Tax Court of Canada JudgmentsThis principle is consistent with common sense and ordinary fairness. [...] [32] I have cited extensively from Palmer because that text deals more fully with the concept of de facto director than any other I have seen. [...] Even if we seek to give the term de facto director a broader meaning such as anyone who looks as if he or she wields a fair bit of authority in the company, I do not think that Jack fits the description.
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3,770.
Mayers v. Canada (Attorney General) - 2024 FC 776 - 2024-05-22
Federal Court DecisionsDid the Parole Board breach procedural fairness by proceeding with a paper review? [...] [10] For issues of procedural fairness, the Court must consider whether the process followed was fair and just, paying attention to the nature of the rights at stake and consequences for the affected individuals. [...] B. Did the Parole Board breach procedural fairness by proceeding with a paper review?
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3,771.
Nicolas v. Canada (Attorney General) - 2010 FC 1045 - 2010-10-25
Federal Court Decisions[29] The issue of procedural fairness is often a subject of discussion in Canadian case law. [...] Procedural fairness is a cornerstone of modern Canadian administrative law. [...] It is true that artful pleaders can find any number of errors when dealing with decisions of administrative tribunals.
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3,772.
Oddi v. Canada (Revenue Agency) - 2022 FC 1313 - 2022-09-21
Federal Court Decisions[3] Second, Mr. Oddi complains that the Property was sold for less than the fair market value. [...] Mr. Oddi insisted that, out of fairness, he be given his “day in Court”. [...] [49] The case of Hryniak involved the interpretation of Rule 20 from the Ontario Rules of Civil Procedure, RRO 1990, Reg 194, which deals with motions for summary judgment.
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3,773.
Hamm v. Canada - 2007 FC 597 - 2007-06-06
Federal Court Decisions(d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or [...] (2) Ne peuvent toutefois faire l’objet d’un grief : a) les décisions d’une cour martiale ou de la Cour d’appel de la cour martiale; [...] 24. Dans des poursuites exercées contre lui, l’État peut faire valoir tout moyen de défense qui pourrait être invoqué :
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3,774.
Herreno v. Canada (Citizenship and Immigration) - 2017 FC 412 - 2017-04-26
Federal Court Decisionsa) directement ou indirectement, faire une présentation erronée sur un fait important quant à un objet pertinent, ou une réticence sur ce fait, ce qui entraîne ou risque d’entraîner une erreur dans l’application de la présente loi; [...] In addition, those interests must be identified and defined and examined with a great deal of attention. [...] [22] What the reviewing court must do is ensure that the best interests of the child have been considered with a great deal of attention.
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3,775.
Harjinder Singh Bajwa. v. MCI - 2008 FC 417 - 2008-04-02
Federal Court Decisions[8] The next two paragraphs deal with the availability to the applicant of an internal flight alternative (IFA). [...] To conclude in the sense urged by the applicant would require that one read the sentence to indicate that the RPD only considered the applicant’s explanation, and had no regard to the documentary evidence dealing with persons similarily situated. [...] Brevity demands clarity and precision; absent these qualities, brief reasons will risk falling short of the requirements of both the reasonableness standard of review and the duty of fairness.