11,312 result(s)
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3,851.
Gill v. Canada (Citizenship and Immigration) - 2008 FC 911 - 2008-07-25
Federal Court Decisions[9] The second breach of fairness allegedly occurred at the end of the interview. [...] [10] The Applicant therefore says that the Officer undertook to verify the status of JPR and reached the Decision without doing so in breach of the duty of fairness. [...] In my view, she was dealing only with an allegation that a visa officer had misconstrued NOC 2241.2.
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3,852.
Agri v. Canada (Citizenship and Immigration) - 2007 FC 349 - 2007-04-02
Federal Court DecisionsIn this case, the applicants prepared their forms with the help of a community aid organization which could deal with translation between Spanish and English, but which did not have a legal background. [...] If the answer is in the affirmative, they were denied a fair hearing, and are entitled to a new one. [...] Does an Immigration Officer owe a greater duty of fairness to an unrepresented applicant to allow the applicant an opportunity to provide all necessary evidence in order to satisfy a specific legal requirement?
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3,853.
Galvez v. Canada (Minister of Citizenship and Immigration) - 2004 FC 1690 - 2004-12-02
Federal Court Decisions[3] She now seeks to have the Board's decision set aside, asserting that she was denied a fair hearing by the Board. [...] [9] I am also not persuaded that the fact that Ms. Galvez evidently had a headache during the hearing somehow compromised the fairness of the process. [...] In this regard, Ms. Galvez points to an IRB document dated June 1, 2001, dealing with the Cuban authorities' treatment of people who had overstayed their exit visas.
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3,854.
Gill v. Canada (Minister of Citizenship and Immigration) - 2004 FC 1194 - 2004-08-31
Federal Court DecisionsWould he think that it is more likely than not that [the decision maker], whether consciously or unconsciously, would not decide fairly". [...] It ruled, rightly in my view, that fairness overrides expediency and that Mr. Gill was to be provided a fair opportunity to explain his need for protection even if that involved "some repetition and perhaps some wandering over paths that have already been trod". [...] That said, the question proposed for certification by Mr. Gill dealing with the necessity of an "objection" during the hearing will not be certified because it would not be determinative of an appeal.
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3,855.
Crawshaw v. Canada (Attorney General) - 2003 FCT 621 - 2003-05-16
Federal Court Decisions[7] There was a delay in dealing with the Applicant's third level grievance (the "Grievance"). [...] The Directive relates to section 90 of the Corrections and Conditional Release Act, S.C. 1992, c.20 (the "Act") which states that there shall be a procedure for fairly and expeditiously resolving offenders' grievances. [...] An Order of Mandamus, ordering the Correctional Service of Canada to process grievances in a Fair and Expeditious manner as per CCRA section 90.
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3,856.
Kong v. Canada (Minister of Citizenship and Immigration) - 1999-01-05
Federal Court Decisions[6] Waldman also notes that in making the determination of whether or not the applicant is an "entrepreneur", the visa officer will be under a duty to act fairly, and to give the applicant an opportunity to address any concerns3. [...] [9] In Ali Bakhshaee and M.C.I. (July 8, 1998), IMM-367-98, Décary J., dealing with an applicant's argument that the duty of fairness required the visa officer, once he had found that the applicant did not have the ability to establish a business in Canada within the definition of "entrepreneur", to go on and assess the [...] It is not fairness, but the Regulations that impose a duty on a visa officer to determine whether the conditions of the definition are met.
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3,857.
Bojangles' International, LLC v. Bojangles Café Ltd. - 2005 FC 272 - 2005-02-21
Federal Court DecisionsHowever, to be fair, counsel in Unitel Communications had been working together well and had come up with some agreements to tide matters over. [...] It allows courts, in any given case, to deal with the facts as they presented themselves. [...] [22] Taking all of the circumstances into consideration it is appropriate to deal with the situation now.
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3,858.
Givenchy, Société Anonyme v. Tobey - 2019 FC 1054 - 2019-08-08
Federal Court Decisions[7] As noted, these reasons deal collectively with four separate motions for summary judgment in four separate actions. [...] Having done so, the onus was on the defendant to inform herself as to the status of all four matters and to deal with them diligently. [...] The Supreme Court of Canada explained in Hryniak v Mauldin, 2014 SCC 7 [Hryniak], that there will be no genuine issue requiring a trial “when the judge is able to reach a fair and just determination on the merits on a motion for summary judgment.
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3,859.
Negri v. M.N.R. - 1999-02-22
Tax Court of Canada Judgments"... your employment was excepted from insurable employment because you were not dealing at arm's length nor were you deemed to be dealing at arm's length with Diamond Auto Collision Inc." [...] If 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.
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3,860.
MPL Communications Inc. v. Canada (Attorney General) - 2005 FC 538 - 2005-04-20
Federal Court DecisionsTherefore, the Minister did owe the applicant a duty of fairness. What was the nature of this duty of fairness? [...] 14. The content of the duty of fairness varies according to the context. [...] [49] Because of my findings above, I need not deal with the other issues.
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3,861.
Stewart v. The Queen - 2018 TCC 75 - 2018-04-23
Tax Court of Canada Judgments(a) may prejudice or delay the fair hearing of the appeal; (b) is scandalous, frivolous or vexatious; [...] [28] I will deal first with the issue of the style of cause in the TSI appeal and its impact, if any, on the Motion. [...] Therefore, the partners are prevented from re-litigating the issue dealing with the statute-barred issue, as this would constitute an abuse of the Court’s process.
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3,862.
Canadian Union of Postal Workers v. Canada Post Corporation - 2012 FC 975 - 2012-08-08
Federal Court DecisionsWould he think that it is more likely than not that [the decision maker], whether consciously or unconsciously, would not decide fairly?" [...] [90] In this case, it is true that the arbitrator will not be dealing with the same dispute. [...] However, a person having thought the matter through will note that both cases deal with the relationship between employees and management at Canada Post.
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3,863.
Tourki v. Canada (Public Safety and Emergency Preparedness) - 2007 FCA 186 - 2007-05-11
Federal Court of Appeal Decisions(iii) establishing an agency that is responsible for dealing with reported and other information; [...] 19. L’agent peut requérir main-forte pour se faire assister dans l’exercice des pouvoirs de fouille, de rétention ou de saisie que lui confère la présente partie. [...] One deals with contravention; the other deals with penalty and forfeit.
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3,864.
Farzam v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1453 - 2005-10-26
Federal Court DecisionsMoreover, she submits that there is a risk that the Plaintiff will not have a "fair trial" if the Iranian witnesses are not permitted to testify at trial through telephone. [...] [30] At the hearing, counsel were unable to refer this Court to any caselaw or relevant precedent dealing with the issue raised in this motion. [...] Since the Iranian witnesses will testify in Farsi, how will the Court deal with the taking of the evidence in Iran?
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3,865.
Atomic Energy Control Board v. Inter-Church Uranium Committee Educational Co-Operative - 2004 FCA 218 - 2004-06-04
Federal Court of Appeal Decisionsa) faire preuve d'objectivité et ne pas être dans une situation où il y a risque de conflit d'intérêts quant à la proposition à l'étude; [...] It was anticipated that the Board's process would take several years, and would over time deal with all of the issues raised by the Panel relating to the tailings management problems. [...] b.1) de faire en sorte que les autorités responsables s'acquittent de leurs obligations afin d'éviter tout double emploi dans le processus d'évaluation environnementale;
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3,866.
Daniels v. Canada (Minister of Indian Affairs and Northern Development) - 2002 FCT 295 - 2002-03-15
Federal Court DecisionsI will deal with other points of law as they arise. I now turn to the issue of standing. [...] While I will deal with Dumont as it applies to standing, the case, in this instance, has broader application and thus I will summarize it a little more thoroughly than I might otherwise. [...] It has, in my view, been fully established that the allegations in paragraphs 9(b) and 10(b) are frivolous and vexatious and may prejudice or embarrass a fair trial and constitute an abuse of the Court.
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3,867.
Khodayarinezhad v. Canada (Citizenship and Immigration) - 2024 FC 818 - 2024-05-29
Federal Court DecisionsSpecifically, IRCC allegedly breached the Applicant’s right of procedural fairness in the following ways: [...] [18] As set out previously, the Applicant abandoned the arguments related to the alleged breaches of procedural fairness. [...] Proper Reply is limited to issues that a party had no opportunity to deal with, or which could not reasonably have been anticipated...
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3,868.
Singh v. Canada (Citizenship and Immigration) - 2023 FC 409 - 2023-03-24
Federal Court DecisionsIn light of the foregoing, I do not have to deal with Mr. Singh’s arguments regarding the reasonableness of the RAD’s conclusions on the IFAs. [...] [18] However, a different standard of review applies on procedural fairness issues. [...] No deference is owed to administrative decision makers on matters raising procedural fairness concerns.
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3,869.
Salaudeen v. Canada (Citizenship and Immigration) - 2022 FC 39 - 2022-01-14
Federal Court Decisions[14] Turning to procedural fairness, Vavilov did not deal directly with this issue, and the approach to be taken on this front has therefore not been modified (Vavilov at para 23). [...] Rather, it is a legal question for the reviewing courts, which must be satisfied that procedural fairness has been met. [...] No deference is owed to administrative decision makers on matters raising procedural fairness concerns.
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3,870.
BCM International Canada Inc. v. Canada (Employment, Workforce Development and Labour) - 2021 FC 687 - 2021-06-29
Federal Court DecisionsWhile that may reflect some carelessness in dealing with the application, it is not otherwise material to this decision. [...] • 3) If the decision was procedurally fair, was the decision reasonable? [...] C. If the decision was procedurally fair, was the decision reasonable?
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3,871.
Kohlenberg v. Canada (Attorney General) - 2020 FC 1066 - 2020-11-18
Federal Court Decisions• a) Was the Applicant afforded procedural fairness by the decision-maker? [...] (i) a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment, or [...] A. Was the Applicant afforded procedural fairness by the decision-maker?
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3,872.
Thomas v. Canada (Minister of Citizenship and Immigration) - 2006 FC 334 - 2006-03-14
Federal Court DecisionsThe transaction suggests that the net assets in 2000 on a fair market basis exceeded $125,000 Canadian. [...] [25] In dealing with the term "Qualifying Business", the Regulation not only does not define a "business" but does not stipulate how it is structured. [...] The Respondent failed to adequately consider the issue of fair market value.
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3,873.
Tse v. Federal Express Canada Ltd. - 2005 FC 599 - 2005-05-02
Federal Court DecisionsHowever, to the extent Mr. Tse raises issues of procedural fairness, the pragmatic and functional analysis does not apply to questions of procedural fairness. [...] 1. Did the Commission fail to afford procedural fairness to Mr. Tse? [...] [34] Following consideration of those submissions, an order will issue dismissing the application for judicial review and dealing with the issue of costs.
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3,874.
Canada v. Thompson - 2022 FCA 119 - 2022-06-20
Federal Court of Appeal DecisionsTherefore, the scheme under examination could be fairly reliably structured to produce the desired result fairly closely with adjustments made as necessary over the life of the forward instruments. [...] (ii) The question fairly might lead to a train of inquiry that may either advance the questioning party’s case or damage the case of its adversary. [...] Question: The taxpayers in dealing with ODL close-pout [sic] an open position by entering into an opposite position have [sic] the same contract value and value date.
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3,875.
Torres Victoria v. Canada (Public Safety and Emergency Preparedness) - 2011 FC 1392 - 2011-11-30
Federal Court DecisionsIn that decision, the Court found, inter alia, that IRPA did not adequately protect the rights of the named person to a fair hearing, and therefore struck down s. 33 and 77-85 of IRPA as infringing s. 7 of the Charter. [...] It is on the basis of that decision that counsel for the Applicant made a motion before the first member of the Immigration Division dealing with her case, arguing that the same reasoning applies to the non-disclosure of information in the context of an admissibility hearing pursuant to s. 86 of IRPA. [...] In her March 4, 2011 decision, the Board Member recognized that the issues of fairness, the principles of fundamental justice and one’s rights guaranteed under the Charter have arisen throughout these proceedings.