11,315 result(s)
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3,976.
Ruiz Hurtado v. Canada (Citizenship and Immigration) - 2008 FC 634 - 2008-05-21
Federal Court Decisions3. Did the PRRA officer breach the duty of fairness to the Applicants by failing to provide adequate reasons in support of the finding that state protection was available to the Applicant? [...] [18] The Applicants argue that the PRRA officer breached procedural fairness in failing to provide adequate reasons for concluding that Colombia “is attempting to deal with extortion and kidnappings by paramilitary groups”. [...] As such, no breach of procedural fairness occurred and moreover, the PRRA officer’s finding on state protection was reasonable given the evidence on the record.
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3,977.
Soper v. Canada (Attorney General) - 2004 FC 1457 - 2004-10-22
Federal Court DecisionsAt this time, the applicant explained that her contact with an illegal drug most likely occurred through work-related dealings with someone who must have sat beside her. [...] My concern is the fairness with which the respondent acted in July 2003 vis-à-vis the applicant. [...] The procedure followed by the VRB has violated the duty to act fairly.
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3,978.
Abboobakar v. Canada (Minister of Citizenship and Immigration) - 2004 FC 869 - 2004-06-16
Federal Court DecisionsThey assert that they were denied a fair hearing because the presiding Board member's interjections and questions prevented them from properly presenting their claims. [...] [24] The exchange in issue is recorded over several pages of transcript, and deals with the period between the Abboobakars' return to Guyana from the United States in June of 2001 and their departure for Canada in January of 2002. [...] I mean, this is not being very fair as counsel. It's almost like you're leading him to say things that -
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3,979.
Dina v. Canada (Minister of Citizenship and Immigration) - 2000-08-21
Federal Court DecisionsOn this basis, I deal with each of the alleged errors in turn. Analysis [...] In the circumstances, I am not persuaded that the officer breached her duty of fairness to the applicant. [...] In addition, it is my conclusion that in the circumstances of this case the officer's duty to ensure procedural fairness was complied with.
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3,980.
Belgravia Investments Limited v. Canada - 2000-08-02
Federal Court Decisions2. Portions of paragraphs 3, 6, 7 and 8 of the Wong Affidavit improperly purport to interpret statute law, the inclusion of which may prejudice or delay the fair hearing of the Application. [...] 3. Portions of paragraphs 3, 6, 7 and 8 of the Wong Affidavit improperly contain legal opinions, legal argument and/or draw conclusions of law, the inclusion of which may prejudice or delay the fair hearing of the Application. [...] 5. Dealing first with the motion brought by the interveners that the affidavit of Clara Midbo should be struck out as it is an improper affidavit within the meaning of the Rules, I may say that upon examination of that affidavit, I have no doubt whatever that it is improper.
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3,981.
Koudriachov v. Canada (Minister of Citizenship and Immigration) - 1999-09-03
Federal Court DecisionsShe requires special education in a small class setting and she would likely require regular review by a multi-disciplinary team experienced in dealing with children with developmental delay. [...] [27] Second, it was a breach of the duty of fairness only to invite the submission of medical evidence that was not already in the file, and not to ask the applicant to respond on the issue of "excessive demand". [...] [36] Nor am I satisfied that fairness required greater disclosure of the content of the file.
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3,982.
Air Canada v. Toronto Port Authority Et Al - 2011 FCA 347 - 2011-12-12
Federal Court of Appeal DecisionsPorter was also entitled to participate “on a fair basis” concerning any additional slots that might become available. [...] In dealing with these matters, the Toronto Port Authority was not acting as a “federal board, commission or other tribunal.” [...] However, in the particular circumstances of this case, no duty of procedural fairness arose.
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3,983.
Vos v. Canadian National Railway Company - 2010 FC 713 - 2010-06-30
Federal Court Decisions[8] In February 2006, the CHRC decided not to deal with his complaint because the applicant had not exhausted the grievance or review procedures available to him. [...] Issues of procedural fairness, according to the jurisprudence, were also to be decided on the correctness standard. [...] [58] In the circumstances, I do not propose to comment on the issue of procedural fairness.
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3,984.
Canzinco Ltd. v. Canada (Minister of Indian Affairs and Northern Development) - 2004 FC 1264 - 2004-09-16
Federal Court DecisionsAlso, s. 76(1) is a fairly recent provision that came into effect when the Act was proclaimed in 2002. [...] I would think that by making it conform to those acts, we get some expeditious use of department time, as they know they're dealing with the same situation and they can cross-reference, and there's precedent or whatever in other contexts as well. [...] As the Minister had no power under the Act to negotiate in this fashion, there was no reviewable error and no breach of procedural fairness or natural justice.
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3,985.
Oberlander v. Canada (Attorney General) - 2004 FCA 213 - 2004-05-31
Federal Court of Appeal Decisions[2] Mr. Oberlander challenges the Governor in Council's decision on both procedural fairness and substantive grounds. [...] La communication de l'avis peut se faire par courrier recommandé envoyé à la dernière adresse connue de l'intéressé. [...] is part of the flexibility that is necessary ... when courts evaluate the requirements of the duty of fairness with recognition of the day-to-day realities of administrative agencies and the many ways in which the values underlying the principles of procedural fairness can be assured.
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3,986.
Hociung v. Canada (Public Safety and Emergency Preparedness) - 2017 FC 1147 - 2017-12-14
Federal Court DecisionsNotwithstanding this concern, I shall deal with the merits of the Plaintiff’s appeal. [...] The Case Management Judge has the responsibility to issue directions that ensure that the matter is proceeding in a fair, reasonable, and expeditious manner, and that potentially unnecessary steps are avoided. [...] No such change exists here; save for any delay that has been occasioned in dealing with the outstanding motions.
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3,987.
Stubicar v. Canada (Public Safety and Emergency Preparedness) - 2011 FC 725 - 2011-06-17
Federal Court Decisions[...] b) soit dont la divulgation risquerait vraisemblablement de nuire aux activités destinées à faire respecter les lois fédérales ou provinciales ou au déroulement d’enquêtes licites, notamment : [...] There is a great deal of jurisprudence on point. Cases often cited are Canada v Aqua-Gem Investments Ltd, [1993] 2 FC 425 (FCA); Z.I. Pompey Industrie v ECU-Line N.V., 2003 SCC 27, [2003] 1 SCR 450 and Merck & Co v Apotex Inc, 2003 FCA 488, 315 NR 175, [2004] 2 FCR 459. [...] Although the case deals with the Access to Information Act, rather than the Privacy Act, the process is described in Schertzer v Canada (Minister of Public Safety and Emergency Preparedness), 2011 FC 233, [2011] FCJ No 283 (QL).
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3,988.
Tremblay v. Canada (Attorney General) - 2005 FC 339 - 2005-03-08
Federal Court DecisionsAs the decision of the Court will deal only with the grounds of review invoked by the respondent, the relevance of the documents requested must necessarily be determined in relation to the grounds of review set forth in the originating notice of motion and the affidavit filed by the respondent. [...] [14] The Commission has jurisdiction to deal with rights and duties. [...] The right to a fair hearing is primordial. One cannot refuse to produce documents on the grounds that the decision was "operational".
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3,989.
Maximenko v. Canada (Solicitor General) - 2004 FC 504 - 2004-03-31
Federal Court Decisions[8] The PRRA officer concluded that while domestic violence remained a concern in Moldova, the government was taking action to deal with such violence, that there were avenues for redress and that adequate state protection existed. [...] [21] While this would be the start of a inquiry as to selectivity and fairly raises the issue, regard must be had to the whole context in which the quotes were used and the portions not quoted. [...] [27] This decision deals with and dismisses the merits of the legal issue raised.
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3,990.
Murugamoorthy v. Canada (Minister of Citizenship and Immigration) - 2003 FC 1114 - 2003-09-29
Federal Court DecisionsShe seems to have been caught in a fairly wide security net. [3] The Board analyzed this part of her claim with reference to case law from this Court. [...] It purported to quote from that jurisprudence when it said: "The Federal Court Trial Division ... outlined that 'short detentions for the purpose of preventing disruptions or dealing with terrorism do not constitute persecution'". [...] They do deal, however, with arrests for law enforcement purposes. In both of those cases, the police arrested and beat the claimants in the interests of public order.
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3,991.
Canadian Human Rights Commission v. Northwest Territories - 2001 FCA 259 - 2001-09-06
Federal Court of Appeal Decisionsdealing with specifics of current or upcoming bargaining or as admissions against interest at stake before the Tribunal, cannot outweigh in the balance the importance of open and fair proceedings in dealing with PSAC's complaint before the Tribunal, that is, in the administration of justice through the Tribunal's process.
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3,992.
Sultan v. Canada (Citizenship and Immigration) - 2023 FC 1403 - 2023-10-24
Federal Court DecisionsAs the respondent aptly stated, the RAD was dealing solely with a matter of housekeeping. [...] As a result, there was no breach of the requirements of procedural fairness. [...] The applicant knew the case to meet and had a full and fair chance to respond.
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3,993.
Split Lake Cree First Nation v. Sinclair - 2007 FC 1107 - 2007-10-25
Federal Court Decisions2. Did the adjudicator’s decision breach procedural fairness? ARGUMENT & ANALYSIS: [...] This procedural fairness element is reviewed as a question of law. No deference is due. [...] As far as they were concerned, the matter was for Ms. Audy to deal with and they have now been caught in a net cast too far.
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3,994.
Hiebert v. Canada (Correctional Service of Canada) - 2005 FC 1719 - 2005-12-21
Federal Court Decisions- there were several sources of reliable information indicating that he was involved in the drug subculture (i.e., using, trafficking and dealing with money in relation to drugs); [...] 2. Did the Correctional Service of Canada breach the applicant's right to procedural fairness? [...] Also, I do not find that the applicant's right to procedural fairness was breached.
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3,995.
Pearson v. Canada - 1999-08-16
Federal Court Decisions(1) The crown unlawfully edited documents remitted to the defence under discovery demand, depriving the plaintiff of a fair trial. [...] [16] The plaintiff contends that it is wholly unnecessary for the Quebec Court of Appeal to deal with any of the issues raised in his claim for damages before this Court. [...] In the vast majority of cases, the concern will be about the fairness of the trial.
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3,996.
Production Tooncan (XIII) Inc. v. Canada (Heritage) - 2011 FC 1520 - 2011-12-28
Federal Court Decisions1. Did the respondent breach his duty to comply with the principles of procedural fairness? [...] In fact, he alleged that Telefilm had not given a recommendation within the time allowed under the Act in order to avoid dealing with the real issue, i.e., its change in policy. [...] [75] This change in direction and policy when the SNAILYMPICS II production was finished should have led the respondent to send at least a draft decision dealing with his real reasons.
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3,997.
Majdan v. Canada (Attorney General) - 2011 FC 1465 - 2011-12-13
Federal Court Decisions[18] Because of my conclusions regarding the duty of fairness, it is not necessary to deal with the applicant’s subsidiary proposition that the impugned decision is unreasonable. [...] [25] The respondent submits that there has been no breach of the duty of fairness. [...] Thus, I find that in this regard the Committee also breached its duty of fairness.
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3,998.
BCS Group Business Services Inc. v. The Queen - 2018 TCC 120 - 2018-06-20
Tax Court of Canada Judgments[6] Our Court deals in the complicated world of tax laws where deeming provisions are in abundant supply (for example, subsection 104(2) of the Income Tax Act deeming a trust to be an individual). [...] I respectfully suggest we bring our own determination to this issue, recognizing an objective of this Court is to provide fair, just, balanced and an expeditious arena within which any taxpayer, corporate or otherwise, can confront the Government of Canada, who they believe have incorrectly assessed them. [...] [9] In the Masa Sushi case, reference is made to section 18.14 of the Act which deals with the Court’s Informal Procedure stating:
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3,999.
Canada (Attorney General) v. Peshdary - 2018 FC 369 - 2018-05-03
Federal Court Decisions“For two years I worked in a senior capacity dealing with a region other than the Middle East” [...] “|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| |||||||||||||||||||||||||||||||||||||| “dealing with terrorist activity in the Middle East” [...] “||||||||||||||||||||||||||||||||” “of a unit dealing with terrorist activity linked to Middle East”
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4,000.
Gollner v. The Queen - 2009 TCC 346 - 2009-06-26
Tax Court of Canada JudgmentsA. Hopefully the Applicant can deal with the outstanding tax issues for the 2002 taxation year when he deals with the Notice of Appeal filed for the 2003 taxation year. [...] B. Since the GST issue is based upon the income received by the Applicant for the period July 1, 2001 to December 31, 2003, the Applicant may also be able to resolve some of the outstanding tax issues in the 2002 taxation year when he deals with the GST issues. [...] C. Since the Applicant was receiving treatment for cancer during the audit period and since officials of the CRA made a number of errors re. timing (see Exhibits R-5 and R-6) this may be a situation where the Minister should apply the fairness provisions contained in section 220 of the Act to grant the Applicant some