11,313 result(s)
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3,876.
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.
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3,877.
Blair v. Canada (Attorney General) - 2010 FC 227 - 2010-02-26
Federal Court Decisions[26] According to Mr. Blair, these matters demonstrate actual bias on the part of the Commissioner in dealing with his patent application. [...] [27] An allegation of actual or apprehended bias raises a question of procedural fairness – that is, whether Mr. Blair received a fair hearing from an unbiased decision-maker. [...] 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 Canada (Citizenship and Immigration) v. Khosa, 2009 SCC 12, [2009] 1 S.C.R. 339 at para. 43.
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3,878.
Canada (Attorney General) v. Sheriff - 2005 FC 1726 - 2005-12-21
Federal Court DecisionsThis includes responsibility for the licensing and supervision of Trustees in Bankruptcy, as well as the establishment of professional standards and the administration of the disciplinary process to deal with allegations of professional misconduct. [...] In this regard, the Delegate observed that "it is fair to say that even without minimizing the cumulative effect, the deficiencies alleged [on the part of the Trustees] are not of the most serious kind". [...] As the Supreme Court of Canada has noted, in such cases, a high standard of procedural fairness is required: Kane v. University of British Columbia, [1980] 1 S.C.R. 1105 at ¶ 31.
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3,879.
Chinese Business Chamber of Canada v. Canada - 2005 FC 142 - 2005-01-28
Federal Court Decisions..... L'intéressé peut en tout cas se faire représenter devant la Commission, à ses frais, par un avocat ou un autre conseil. [...] Since becoming a member of CSIC, Mr. Le has not encountered any difficulties in his dealings with the federal government on behalf of his clients. [...] However, the Affidavit of Mark Davidson indicates that on the CBCC's web page dealing with "Member's Businesses", only two people list immigration consulting as their area of business.
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3,880.
Ruland Realty Ltd. v. The Queen - 1998-07-10
Tax Court of Canada JudgmentsThe fair market value of the lots at issue in this appeal as of October 31, 1990 had not increased from July 1, 1990. [...] The fair market value of the Agreements in respect of the lots at issue in this appeal as of October 31, 1990 was nil. [...] (A) another person with whom the taxpayer does not deal at arm’s length,
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3,881.
Harkat (Re) - 2009 FC 204 - 2008-12-22
Federal Court DecisionsAccordingly, this Court must consider whether, in the circumstance of this proceeding, the principles of procedural fairness set out in s.7 mandate an exception, however limited and constrained, to the covert human intelligence source privilege. [...] Paragraph 10.8 deals with “access limitations” and sets out the need to know principle: “Departments must limit access to classified and protected information and other assets to those individuals who have a need to know the information...”. [...] 6. The need to know principle applies both within an organization and when dealing with people outside it.
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3,882.
Mooney v. Canadian Society for Immigration Consultants - 2011 FC 496 - 2011-04-27
Federal Court Decisions(e) refer the matter to another body that could more appropriately deal with the matter; [...] CSIC Breached Its Duty of Procedural Fairness [34] A duty of fairness applies to all disciplinary investigations and decisions. [...] [164] We are dealing only with disciplinary review here, but it appears to me that Ms. Williams has not been treated fairly.
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3,883.
Cyril v. Canada (Citizenship and Immigration) - 2015 FC 1106 - 2015-09-25
Federal Court Decisions[14] The final issue concerns procedural fairness. This is assessed on a standard of correctness. [...] The Applicant says he was denied the right to a fair hearing because he was not given an adjournment when he appeared at the second hearing without counsel. [...] I reviewed the law on the duty to provide self-represented litigants a fair hearing in Thompson v Canada (Public Safety and Emergency Preparedness), 2015 FC 808 at paras 12-13 (while dealing with the IAD, the same holds true for the RPD):
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3,884.
McEvoy v. Canada (Attorney General) - 2014 FCA 164 - 2014-07-22
Federal Court of Appeal Decisions[4] In accordance with the Classification Grievance Procedure, a Classification Grievance Committee was established to deal with the Appellants’ grievance. [...] (a) Did the Nominee owe a duty of procedural fairness to the Appellants and if so was it breached? [...] [28] Furthermore, the duty of procedural fairness lies on the lower end of the scale precisely because of the Nominee’s limited discretion.
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3,885.
Okomaniuk v. Canada (Citizenship and Immigration) - 2013 FC 473 - 2013-05-06
Federal Court DecisionsThis was reviewed and an interview was scheduled “for procedural fairness purpose”. [...] The question is whether the applicant had the opportunity of dealing with the evidence. [...] This is what the long-established authorities indicate the rules of procedural fairness require.
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3,886.
Bernard v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 1068 - 2001-09-28
Federal Court DecisionsHowever, it also cannot be said that an oral hearing is always necessary to ensure a fair hearing and consideration of the issues involved. [...] The flexible nature of the duty of fairness recognizes that meaningful participation can occur in different ways in different situations. [...] Inconvenience is not the criteria of undue hardship as laid out in the guidelines and in several decisions of this court on stay of removal order applications dealing with irreparable harm.
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3,887.
Stonechild v. Canada - 2022 FC 780 - 2022-06-01
Federal Court Decisions15 (1) In order to ensure the fair and adequate representation of the interests of the class or any subclass or for any other appropriate reason, the court may, at any time in a class proceeding, permit one or more class members to participate in the proceeding. [...] 14 (1) In order to ensure the fair and adequate representation of the interests of the class or any subclass or for any other appropriate reason, the court may, at any time in a proceeding under this Act, permit one or more class members to participate in the proceeding. [...] [49] The Proposed Participants presume that it is necessary for this Court to carve out the Tookalook class and grant a stay dealing with that aspect.
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3,888.
Bauer Hockey Ltd. v. Sport Maska Inc. - 2020 FC 212 - 2020-02-06
Federal Court Decisions[1] These reasons deal with three motions brought by the parties to a patent infringement action, seeking the exclusion of expert reports, in totality or in part. [...] The examination on discovery facilitates the disclosure of evidence to ensure that trials are conducted fairly and efficiently. [...] Mr. Holden’s first report, however, did not include a specific section dealing with the essential elements of the claims.
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3,889.
Gao v. Canada (Public Safety and Emergency Preparedness) - 2019 FC 1238 - 2019-10-01
Federal Court DecisionsRather, he testified that he spent time in China dealing with his properties that had been expropriated by the Chinese government. [...] [7] Turning back to this application, Mr. Gao was sent a procedural fairness letter with respect to his misrepresentation. [...] Rather, he testified that he felt an obligation to be in China in order to deal with issues related to the expropriation of his property in China.
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3,890.
Balan v. Canada (Public Safety and Emergency Preparedness) - 2015 FC 691 - 2015-05-28
Federal Court Decisions[10] The “Highlights report” deals with both the serious criminality (paragraph 36(1)(a)) and organized criminality (paragraph 37(1)(a)) grounds of inadmissibility. [...] In my view, the Applicant does not make any true procedural fairness argument. [...] It is not the function of the immigration officer, when deciding whether or not to prepare a report on inadmissibility based on paragraph 36(2)(a) grounds, or the function of the Minister’s delegate when he acts on a report, to deal with matters described in sections 25 (H&C considerations) and 112 (Pre-Removal
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3,891.
Brown v. Canada (Procureur général) - 2011 FC 1205 - 2011-10-20
Federal Court DecisionsThere was an administrative redress procedure provided by the PSEA, and I cannot agree that the grievor is also entitled to refer the same issue to adjudication, even if it deals with human rights. [...] (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 [...] à un concours interne, tout candidat non reçu peut, dans le délai fixé par règlement de la Commission, en appeler de la nomination devant un comité chargé par elle de faire une enquête, au cours de laquelle l’appelant et l’administrateur général en cause, ou leurs représentants, ont l’occasion de se faire entendre.
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3,892.
Cyr v. Canada (Attorney General) - 2011 FC 213 - 2011-02-23
Federal Court DecisionsAs Mr. Justice Gilles Létourneau pointed out in Ayotte v. Canada (Attorney General), 2003 FCA 429 (at paragraph 16), the failure to understand and to properly apply this standard of proof irreparably prejudices the fairness of the trial or hearing. [...] By failing to conduct this exercise, the Chairperson not only erred in her application and interpretation of the Act, but she also jeopardized procedural fairness. [...] Last, section 53 deals with frisk or strip searches authorized by the institutional head while section 60 relates to searches of visitors.
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3,893.
Canadian National Railway Company v. Souchereau - 2009 FC 293 - 2009-03-20
Federal Court DecisionsOur instructions are that failing to reach a fair accommodation with respect to the action taken against our client we are to make application under the Code for reinstatement. [...] The Tribunal Record contains two documents which constitute evidence of the process followed subsequent to Ms. Martin filing her report and which resulted in the Minister making the appointment of an arbitrator to deal with Ms. Souchereau’s complaint. [...] 241 (1) La personne congédiée visée au paragraphe 240(1) ou tout inspecteur peut demander par écrit à l’employeur de lui faire connaître les motifs du congédiement; le cas échéant, l’employeur est tenu de lui fournir une déclaration écrite à cet effet dans les quinze jours qui suivent la demande.
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3,894.
Mazakian v. Canada (Public Safety and Emergency Preparedness) - 2008 FC 1248 - 2008-11-07
Federal Court Decisions... premièrement, le syndrome de stress-traumatique qui s’est manifesté à plusieurs reprises chez la demandeure principale, depuis l’annonce de son renvoi du Canada; deuxièmement, on ne saurait faire abstraction de l’intérêt supérieur des enfants dans cette affaire; troisièmement, et pour tout dire, il n’y aurait, qu’à [...] “Unless the case on the merits is frivolous or vexatious” the judge should go on to deal with irreparable harm and balance of convenience. [...] It is also a fair issue whether the Officer gave sufficient consideration, in the limited context taught by the jurisprudence, as to the best interest of the daughters.
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3,895.
Labow v. The Queen - 2008 TCC 511 - 2008-09-12
Tax Court of Canada JudgmentsThe cases make it clear that assumptions are to be pleaded fully, fairly and accurately, so there is a presumption that the original Replies do that. [...] In such cases the Crown has the onus to show, by evidence, why the assumptions were not fully, fairly and accurately pleaded in the first instance, and to show that the proposed amended pleading will properly and fully remedy that error. [...] Issues of sham and of non-arm’s length dealing between the appellants and the trustees are raised in the pleadings.
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3,896.
Estwick v. Canada - 2004 FC 970 - 2004-07-20
Federal Court DecisionsIt follows that a scheme for dealing with employment-related disputes may constitute an exclusive remedial regime for the purpose of Weber, even though disputes do not arise from a collective agreement and are not resolved by arbitration. [...] In addition, the duty of fairness, including the rule against bias, applies at least to the final level of the grievance process and, in some circumstances, may require disclosure to the employee of information relevant to an employee's claim that is in the possession of the grievance officers. [...] On an application for judicial review to the Trial Division under section 18.1 of the Federal Court Act, the Court can be asked to review the fairness of the administrative process, the rationality of material findings of fact, and the lawfulness of the decision or action in question.
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3,897.
Alan W. Cockeram and E. Anne Cockeram Trustees of the Cockeram Family Trust v. The Queen - 2004 TCC 307 - 2004-05-06
Tax Court of Canada JudgmentsThe Cockerams believe their actions throughout have been fair and reasonable. [...] Where pursuant to paragraph 251(1)(a) the beneficiaries and trustees are deemed not to deal with each other at arm's length, it is incumbent that a taxpayer support claimed intention with written documentation. [...] The Appellant took one path in dealing with this property which prevented the Trust from obtaining the deductions under subsection 104(6).
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3,898.
Merck & Co. Inc. v. Apotex Inc. - 2003 FC 1483 - 2003-12-17
Federal Court Decisions... 385. (1) A case management judge or a prothonotary assigned under paragraph 383(c) shall deal with all matters that arise prior to the trial or hearing of a specially managed proceeding and may [...] If a question may fairly lead the examining party to a train of inquiry that may directly or indirectly advance its case, or damage that of its adversary, it is a proper question for discovery and must be answered. [...] A document is also relevant and producible if it may fairly lead to a train or inquiry that could produce the same result.
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3,899.
Kaulius v. Canada - 2003 FCA 371 - 2003-10-07
Federal Court of Appeal DecisionsBut the general policy is that every person has independent status for income tax purposes and that losses cannot be transferred between taxpayers dealing with each other at arm's length. [...] Counsel explained to the Court that "unrealized" or "pregnant" losses were potential losses that exist because the cost of a property for income tax purposes is greater than the property's fair market value. [...] [17] As they read at the relevant times, paragraph 53(1)(f) and subsections 85(4) and (5.1), like subsection 18(13), apply when property is transferred to certain kinds of parties who do not deal with the transferor at arm's length.
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3,900.
Kazi v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 178 - 2002-02-18
Federal Court Decisions(1) he says he was denied procedural fairness by the PCDO for a number of reasons; [...] [21] I am fortified in their conclusion by the recent unanimous decision of the Supreme Court of Canada in Suresh v. Canada (Minister of Citizenship and Immigration), [2002] S.C.R. 1 at paragraphs 28 to 32, in a case dealing with the Minister's decision a refugee constituted a danger to the security of Canada. [...] [39] Since the applicant succeeds on the substantive ground, I need not address the fairness issue and, in particular, whether the underlying principles in Haghighi, supra, are confined to H & C applications where the immigration officer seeks a risk opinion from a PCDO.