11,315 result(s)
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4,201.
King v. Canada (Human Resources and Social Development) - 2008 FC 777 - 2008-06-20
Federal Court Decisions[17] The departmental letter went on to deal with specific submissions by the Applicant, the last sentence being the critical consideration: [...] [21] In considering the term “erroneous advice”, the Court must be guided by s. 12 of the Interpretation Act to give the provision such fair and liberal interpretation as best ensures the objects of the legislation. [...] 12. Every enactment is deemed remedial, and shall be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objects.
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4,202.
Angou v. Canada (Attorney General) - 2006 FC 1462 - 2006-12-06
Federal Court Decisions[...] (i) is in possession of, or deals in, contraband; 43. (1) A charge of a disciplinary offence shall be dealt with in accordance with the prescribed procedure, including a hearing conducted in the prescribed manner. [...] « substance intoxicante » Toute substance qui, une fois introduite dans le corps humain, peut altérer le comportement, le jugement, le sens de la réalité ou l’aptitude à faire face aux exigences normales de la vie. [...] 43. (1) L’accusation d’infraction disciplinaire est instruite conformément à la procédure réglementaire et doit notamment faire l’objet d’une audition conforme aux règlements.
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4,203.
Arroyo Benavides v. Canada (Minister of Citizenship and Immigration) - 2006 FC 323 - 2006-03-14
Federal Court DecisionsThe portion of the transcript dealing with state protection is missing. [...] These principles ensure the fairness of the administrative decision-making process while recognizing the need for flexibility in applying these concepts in the administrative context. [...] [33] Because of my disposition on Issue 1, I will not deal with the remaining issue.
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4,204.
Salim v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1592 - 2005-11-24
Federal Court Decisions[19] The applicant made two arguments with respect to fairness and breach of natural justice. [...] I need not deal with this argument because of my previous finding on credibility. [...] Again, I will not deal with this matter because of my previous finding on credibility.
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4,205.
Merchant v. The Queen - 2005 TCC 161 - 2005-02-25
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 [...] [23] It is unnecessary for me to deal with the Appellant's other two arguments, which is unfortunate as they raise intriguing and controversial issues.
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4,206.
Via Rail Canada Inc. v. Cairns - 2004 FCA 297 - 2004-09-15
Federal Court of Appeal Decisions[5] The conductors complained that the BLE breached its duty fairly to represent the interests of the conductors when it negotiated provisions with VIA to deal with the consequences of creating the new position of operating engineer and abolishing the separate trades of locomotive engineer and conductor. [...] [6] In a decision rendered on October 22, 1999 ("Decision 35"), the Board upheld the conductors' complaint that the BLE had breached its duty of fair representation and ordered the parties to renegotiate the disputed items in the CCAA. The Board also ordered that the conductors be given an equal voice in the bargaining [...] In particular, the Board in our case expressly retained jurisdiction over any question arising from its order and further proceedings were clearly contemplated to enable the Board to deal with outstanding issues.
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4,207.
Cruickshank v. Canada (Attorney General) - 2004 FC 470 - 2004-03-26
Federal Court DecisionsReferences were listed as an assessment tool for ability A5 on the scoring grid provided by the department and as such, in order to fairly and consistently assess all candidates, it was incumbent on the Selection Board to contact all of the candidates' references in this regard. [...] References were listed as an assessment tool for ability A5 on the scoring grid provided by the department and as such, in order to fairly and consistently assess all candidates, it was incumbent on the Selection Board to contact all of the candidates'references in this regard. [...] However, it is clear that Mr. Cruickshank has been put through a great deal of aggravation and expense as a result of the failure of the Investigator to properly understand what went on in the competition.
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4,208.
Duale v. Canada (Minister of Citizenship and Immigration) - 2004 FC 150 - 2004-01-30
Federal Court DecisionsBefore the panel, RCO and interpreter are assigned, consideration should be given to their experience in dealing with the claims of children. [...] (In fairness, I note that counsel for Mr. Duale in this Court did not represent Mr. Duale before the RPD). [...] Following consideration of any submissions received with respect to certification, an order will issue allowing the application for judicial review and dealing with the issue of certification of a question.
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4,209.
Mulvenna v. M.N.R. - 2003 TCC 390 - 2003-06-16
Tax Court of Canada JudgmentsThe very fairness that presumably the rules are meant to ensure leave a lasting impression to the opposite effect. [...] I wish to deal with this point first. I disagree with the Respondent's counsel's characterization of the qualifying period in this case. [...] The Respondent is asking me to apply some principle of fairness or logic to override what I read as very clear legislative wording.
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4,210.
Olmstead v. Canada (Attorney General) - 1998-09-10
Federal Court DecisionsRelying on Rule 221, the defence, in the Plaintiff's view, discloses no reasonable defence, is immaterial or redundant, may prejudice or delay a fair trial and otherwise is an abuse of process. [...] In the present instance the Plaintiff, in his reply, alleges various paragraphs of the defence, to be tested here under Rule 221, disclose no reasonable defence, are irrelevant, immaterial or redundant and may prejudice or delay a fair trial. [...] The result of this well argued motion is that the Plaintiff will have to deal not only with the law at trial, but also with the factually complex defence.
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4,211.
Gill v. The Queen - 1998-09-03
Tax Court of Canada JudgmentsSecondly, the shares or debt are, unless subsection 50(1) applies, disposed of to a person dealing with the taxpayer at arm's length. [...] "'small business corporation', at any particular time, means, subject to subsection 110.6(15), a particular corporation that is a Canadian-controlled private corporation all or substantially all of the fair market value of the assets of which at that time is attributable to assets that are [...] The case at bar deals with an allowable business investment loss and not the small business deduction.
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4,212.
Caron Transport Ltd. v. Williams - 2018 FC 206 - 2018-02-22
Federal Court Decisions• (ii) Did the Adjudicator breach the requirements of procedural fairness? [...] (6) Whether the Adjudicator breached the requirements of procedural fairness [...] [88] I will deal with this argument briefly, since I do not accept the argument advanced on this point given the circumstances of this proceeding.
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4,213.
Daodu v. Canada (Citizenship and Immigration) - 2021 FC 316 - 2021-04-12
Federal Court Decisions[12] My decision to allow this application for judicial review turns on the procedural fairness issue. [...] [19] In finding a breach of procedural fairness on the particular facts of that case, Kwakwa concluded as follows (at para 30): [...] 30. I acknowledge that there is a fine (and sometimes blurred) line between situations where the RAD raises and deals with a “new question” and those where it simply makes reference to an additional piece of evidence on the record to support an already existing conclusion of the RPD on a factual assessment or on a
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4,214.
Amiri v. Canada (Citizenship and Immigration) - 2019 FC 205 - 2019-02-19
Federal Court Decisions[9] On July 6, 2015, Mr. Amiri was sent a procedural fairness letter (the “first procedural fairness letter”). [...] Another procedural fairness letter was sent to Mr. Amiri on December 6, 2016 (the “second procedural fairness letter”). [...] [20] After having been assigned to deal with this matter, I carefully reviewed the redacted information as well as the public version of the Certified Tribunal Record and the parties’ submissions on the application for judicial review.
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4,215.
Okonofua v. Canada (Citizenship and Immigration) - 2023 FC 191 - 2023-02-09
Federal Court DecisionsThe RAD’s failure to do so, according to the Applicants, amounts to a breach of procedural fairness. [...] CLAIMANT: What I have to add is that, anywhere, the level of insecurity in Nigeria is number two in the world, the level of insecurity as we speak and the people we are dealing, my wife even does not...she has little knowledge about who the Black Movement is. [...] In doing so, it did not breach procedural fairness. B. Did the RAD reasonably determine Abuja is a valid IFA for the Applicants?
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4,216.
Rudd v. Canada (Attorney General) - 2016 FC 686 - 2016-06-17
Federal Court DecisionsA. Did the Minister fail to observe principles of procedural fairness in deciding to cancel Mr. Rudd’s security clearance? [...] [13] Mr. Rudd contends the Minister’s decision-making process did not meet the requirements of procedural fairness in that he was denied a fair hearing. [...] Such arguments, again, trivialize the very difficult task faced by the Minister and the courts in dealing with these very serious issues.
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4,217.
Do v. Canada (Minister of Citizenship and Immigration) - 2001-01-24
Federal Court Decisions[19] With regard to the content of the duty of fairness, Gibson, J. held, in Bhagwandass, that: [...] However, in the recent Baker decision, the Supreme Court of Canada held that within the context of an administrative procedure involving a discretionary decision by an immigration officer dealing with applications pursuant to subsection 114(2) of the Act (compassionate and humanitarian considerations), reasons were required [...] In my opinion, it is now appropriate to recognize that, in certain circumstances, the duty of procedural fairness will require the provision of a written explanation for a decision.
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4,218.
Hussein v. Canada (Minister of Citizenship and Immigration) - 1999-12-20
Federal Court DecisionsHowever, the duty of fairness is one which is shaped by the circumstances of particular cases. [...] Although the duty of fairness is flexible and variable, and depends on an appreciation of the context of the particular statute and the rights affected, it is helpful to review the criteria that should be used in determining what procedural rights the duty of fairness requires in a given set of circumstances. [...] There was a consistent course of dealing by which the respondent directed all inquiries through the offices of counsel.
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4,219.
Rakuten Kobo Inc. v. Canada (Commissioner of Competition) - 2018 FC 64 - 2018-02-01
Federal Court DecisionsLe Tribunal peut accueillir la demande s’il conclut que la personne a établi que les modalités ne pourraient faire l’objet d’une ordonnance du Tribunal. [...] The nature of the other forum which could deal with the issue, including its remedial capacity; [...] The nature of the other forum which could deal with the issue, including its remedial capacity
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4,220.
ViiV Healthcare ULC v. Teva Canada Limited - 2014 FC 893 - 2014-09-18
Federal Court DecisionsIt follows that the continued viability of the regime greatly depends upon the fair and proper application of these listing requirements. [...] Drug development and incentivizing such development, is beyond the scope of expertise of one dealing with drug regulatory affairs. [...] While, in a perfect world, the reasons of a Court would deal with every possible criticism and future challenges – anticipated and unanticipated – there was no need to explicitly deal with Bayer; as the latter dealt with subsection 4(2)(b) in its result.
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4,221.
Jaballah, Re - 2006 FC 1230 - 2006-10-16
Federal Court Decisions[33] The final variation in proceedings since the 2003 decision concerns the Court’s role in dealing with constitutional issues arising in these proceedings. [...] I propose to deal with the issue now. [79] In Suresh the issue was well canvassed in discussion by the Supreme Court of Canada. [...] (c) the judge shall deal with all matters as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit;
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4,222.
Les voitures Orly Inc./Orly Automobiles Inc. v. The Queen - 2004 TCC 86 - 2004-04-22
Tax Court of Canada Judgments(h) I do not propose to deal in any detail with the export of the individual vehicles. [...] The procedure was fairly simple. Mr. Gaudreault told Mr. Bourcier to go with a person - a certain Vito - to the bank and exchange the cheques. [...] The principle is undoubtedly sound, as a matter of fairness and common sense.
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4,223.
Hawke & Company Outfitters LLC v. Retail Royalty Company - 2012 FC 1539 - 2012-12-21
Federal Court Decisions[11] The Officer first dealt with the burden of proof when dealing with an opposition to registration. [...] Also, I find that there is a fair degree of resemblance between the ideas suggested by the parties’ marks. [...] Unfortunately, the additional evidence found in the Wong Affidavit falls short of addressing the Officer’s concerns and does not deal with her most critical finding.
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4,224.
Gutierrez v. Canada (Citizenship and Immigration) - 2008 FC 1391 - 2008-12-17
Federal Court DecisionsThe Decision is in breach of procedural fairness and natural justice; therefore, it is a nullity: Liberty. [...] Therefore, the effect of this incompetence was to deny the Applicants a fair and full hearing of their application. [...] [91] Counsel for the Applicants agrees in the cross-examination of the Officer that the KELI reports deal with “literacy problems.”
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4,225.
Canada (Human Rights Commission) v. Canadian Telephone Employees Assn. - 2001 FCA 161 - 2001-05-24
Federal Court of Appeal DecisionsIn this case, we are dealing with an administrative tribunal adjudicating disputes relating to the assessment of property taxes. [...] The institutional independence required by administrative tribunals arises from the right to a fair hearing guaranteed by the common law requirements of natural justice or by the fair hearing requirements of paragraph 2(e) of the Canadian Bill of Rights. [...] Whether appearing before an administrative tribunal or a court of law, a litigant has a right to expect that an impartial adjudicator will deal with his