11,309 result(s)
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401.
Maurice v. Canada (Treasury Board) - 2004 FC 941 - 2004-06-30
Federal Court Decisions[31] The parties were agreed that the Committee had a duty to act fairly. [...] (iii) the Committee should have the best possible information to ensure that its decision is fair and equitable; [...] [4] The only provision dealing with documentation which the Committee must have is section V(d), but the parties did not argue that this provision dealt with the point.
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402.
Sychuk v. Canada (Attorney General) - 2009 FC 105 - 2009-01-30
Federal Court Decisions[7] Subsection 133 of the Act deals with conditions attached to an offender’s release on parole. [...] 1. Breach of Fairness [25] The Appeal Division ruled the Board had not breached procedural fairness finding that his right to make written representations was respected. [...] [32] In terms of procedural fairness, he argues the following breaches:
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403.
Sellathurai v. Canada (Public Safety and Emergency Preparedness) - 2012 FCA 299 - 2012-11-19
Federal Court of Appeal Decisions[1] The appellant Chanthirakumar Sellathurai has come to this Court for a second time to deal with what he sees as the unfair consequences of a mistake on the part of the Canada Border Services Agency (CBSA) in dealing with documents containing information subject to national security privilege. [...] The first part would deal with the question of whether there were reasonable grounds to believe that Mr. Sellathurai was a member of the LTTE. The second part would deal with the question of whether the LTTE was a terrorist organization. [...] [26] I can discern no error of law or principle in the conclusion of Justice Snider that fairness does not require further disclosure of the redacted portions of the Disputed Documents, or her conclusion that fairness does not require that Mr. Sellathurai be permitted to make limited use of the redacted information.
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404.
Spence v. The Queen - 2010 TCC 455 - 2010-09-01
Tax Court of Canada Judgments4. the Appellants are unrelated to each other and each deals at arm’s length with the School; [...] [5] Paragraph 6(1)(a) of the Act refers to the “value” of the benefit rather than to its “fair market value”. [...] [7] While the courts generally support the fair market value approach, they have also taken into account certain other factors in order to discount the fair market value of the benefit.
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405.
Wu v. Royal Bank of Canada - 2010 FC 307 - 2010-03-17
Federal Court Decisions41. (1) Subject to section 40, the Commission shall deal with any complaint filed with it unless in respect of that complaint it appears to the Commission that [...] 2. did the Commission breach the applicant’s right to procedural fairness? [...] Issue No. 2: Did the Commission breach the applicant’s right to procedural fairness?
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406.
Curtis v. Bank of Nova Scotia - 2017 FC 380 - 2017-04-19
Federal Court Decisions[46] On November 8, 2013, Counsel for the parties and the Adjudicator participated in a conference call to deal with the procedural issues. [...] Phase 1 would deal with the jurisdictional issue and Phase 2 with the merits of the complaint. [...] C. Did the Applicant suffer a breach of procedural fairness? i. Did the alleged incompetence of Mr. Pinto breach procedural fairness?
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407.
Grier v. Canada - 2017 FCA 129 - 2017-06-20
Federal Court of Appeal DecisionsRather, he argues that the TCC breached its duty to act fairly and submits that the TCC failed to seriously consider the evidence and arguments in his affidavit. [...] In other words, the question before us is: “would an informed person viewing the matter realistically and practically conclude that the judge would not decide fairly”. [...] a prior case management Order issued on August 5, 2015, used inappropriate and offensive language in reference to the nature of his argument, and as mentioned, did not fairly consider his arguments especially when one compares its brief reasons with the detailed reasons dealing with the Minister’s argument and evidence.
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408.
Curry v. Canada (Minister of Citizenship and Immigration) - 2006 FC 1350 - 2006-11-08
Federal Court DecisionsI note that she has been dealing with the prospect of deportation for a number of years. [...] [9] The obligation to give fair and proper consideration to the psychological evidence arises from Guidelines that the Officer was expected to follow. [...] It is apparent that this form of decision-making is contrary to the expectation expressed in the Guidelines, and, as such, is not fair or proper.
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409.
Kuchta v. The Queen - 2015 TCC 289 - 2015-11-19
Tax Court of Canada JudgmentsA person with whom the transferor was not dealing at arm’s length. 4) The fair market value of the property transferred must exceed the fair market value of the consideration given by the transferee. [...] (c) a person with whom the person was not dealing at arm's length, ... [emphasis added] [...] (a) the fair market value of all the property of the plan at the time of death
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410.
Joshi v. Canadian Imperial Bank of Commerce - 2014 FC 722 - 2014-07-21
Federal Court DecisionsCommission to deal with complaint 41. (1) Subject to section 40, the Commission shall deal with any complaint filed with it unless in respect of that complaint it appears to the Commission that [...] As such, there can be no question that the Applicant was given a full and fair opportunity to present his case. [...] Failure to observe a Principle of Natural Justice, Procedural Fairness or Other Procedure that he was required by law to observe
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411.
Canada (Minister of Public Safety and Emergency Preparedness) v. Cha - 2006 FCA 126 - 2006-03-29
Federal Court of Appeal DecisionsThe appeal does not deal with permanent residents. Nor does it deal with other grounds of inadmissibility or with the referral of the report to the Immigration Division. [...] [45] These are purely administrative decisions which attract a minimal duty of fairness. [...] I am satisfied that the following participatory rights meet the requirements of the duty of fairness:
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412.
Jaramillo Escobar v. Canada (Citizenship and Immigration) - 2023 FC 1379 - 2023-10-17
Federal Court DecisionsThe documents submitted as new evidence deal with the refugee protection claim, not the alleged misconduct of former counsel. [...] [37] I do not accept the applicants’ submissions on procedural fairness. [...] They argue that their case is not based on section 96 of the IRPA (which deals with a “fear”), but on paragraph 97(1)(b) of the IRPA, which deals with “risk”, which is entirely objective and does not require the concept of fear.
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413.
Johnny v. Adams Lake Indian Band - 2017 FCA 146 - 2017-07-05
Federal Court of Appeal DecisionsThe Federal Court found the decisions were reached in a procedurally fair manner (2017 FC 156). [...] [3] Before dealing with the merits of the appeal, it is important to record the position of the respondent Adams Lake Indian Band on this appeal. [...] For clarity, if allegations related to the appellants’ dealings with Norma Manuel are to be pursued, Member Kenoras is to take no part in the decision-making process.
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414.
Arrachch v. Canada (Minister of Citizenship and Immigration) - 2006 FC 999 - 2006-08-18
Federal Court Decisions[1] This application raises the question of whether a reasonable apprehension of bias may yet arise where a tribunal attempts to deal with “forum shopping” by counsel in a fair and impartial manner. [...] He told his clients that they would not get a fair hearing by this Board member. [...] I also have no doubt that the member attempted to deal with this matter in a professional and ethical manner, as he repeatedly stated.
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415.
Fetterly v. The Queen - 2006 TCC 94 - 2006-02-15
Tax Court of Canada JudgmentsHe added that he has left 30 telephone messages with the "Fairness Committee" with receiving a reply. [...] During the hearing, a good deal of time was spent with the Respondent's witness, Judith Marie Woodley, in attempting to understand the Minister's calculations. [...] The importance as to whether it is interest may arise with respect to the Fairness Committee.
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416.
Chong v. Canada - 1997-06-16
Federal Court DecisionsIn effect, as I understand His Lordship to say, the Committee had rejected the grievances without dealing with comparability with the Ontario situation, an issue squarely put forth by the grievors. [...] Furthermore, His Lordship was evidently troubled by the John Kent factor and instructed the Committee to deal with that also. [...] Pinard J., in dismissing the judicial review application, relied on the analysis of McKeown J. in Chong as to the standard of "fairness" to be applied in such proceedings.
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417.
Morin v. Canada - 2002 FCT 1312 - 2002-12-18
Federal Court Decisions[61] It is therefore perhaps helpful, before turning to consideration of the evidence, to deal briefly with the nature of the question before the Court. [...] Mr. Rueck described this method to be a "starting point" upon which he did not place a great deal of reliance. [...] [84] Dealing with the first expressed concern, the lease is express that each tenant is responsible for all improvements, including site preparation.
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418.
Loewen v. The Queen - 2007 TCC 703 - 2007-11-20
Tax Court of Canada Judgments19 Paragraph 69(1)(a) of the Income Tax Act deals with the tax consequences of transfers between persons not dealing at arm's length. [...] We accept this amount as the fair market value for the AIRS II Software. [...] (v) Fairness/Common Sense/Interests of Justice (vi) Abuse of Process/Policy Concerns
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419.
Alvarez Rivera v. Canada (Citizenship and Immigration) - 2021 FC 99 - 2021-01-29
Federal Court DecisionsHowever, these decisions do not deal with the standard that applies to the review of the decision once made. [...] [17] One of those exceptions concerns questions of procedural fairness. [...] B. Decision of RPD breached procedural fairness and was unreasonable
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420.
MacPhail v. Canada (Attorney General) - 2016 FC 153 - 2016-02-08
Federal Court DecisionsIndeed, it is the TB who retains jurisdiction to deal with all financial matters for which it is responsible in accordance with the National Defence Act (NDA), article 35(2) (Reimbursements and Allowances). [...] [19] The Applicant suggests that his commanding officer was wrong in determining he could not deal with the grievance. [...] The Applicant was not denied procedural fairness in the rendering of the CDS’s decision denying his grievance.
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421.
Townsend v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 371 - 2003-03-27
Federal Court DecisionsAs a result, there was a violation of procedural fairness (Bhagwandass (T.D.), supra). [...] [13] The Applicant submits that the Minister's Delegate erred in law by failing to deal with his motion to have the decision reopened on the ground that the original danger opinion was made in violation of fairness (Yushchuk v. Canada (Minister of Employment and Immigration), [1994] F.C.J. No. 1324 (T.D.)). [...] There appears to be no case law which deals specifically with the power of the Minister's Delegate to cancel the original danger opinion and start anew.
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422.
Jaballah (Re) - 2001 FCT 1287 - 2001-11-23
Federal Court DecisionsYet the Court must deal with a challenge to the appropriateness of any subpoena. [...] Moreover, the Court should not ignore other processes that exist under the law for dealing with Mr. Jaballah. [...] ii) a declaration that ss. 40.1(4) and (5.1) and the in camera nature of the proceedings and denial of disclosure contravenes the rights to a fair and public hearing before a fair and impartial tribunal as guaranteed,
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423.
Akbari v. Canada (Citizenship and Immigration) - 2023 FC 53 - 2023-01-13
Federal Court DecisionsIn this regard, it is noted that allowing the reinstatement under the circumstances of this case would prejudice the RPD’s ability to deal with refugee claims fairly and efficiently. [...] [37] To be clear, the RPD’s “ability to deal with refugee claims fairly and efficiently” is a relevant consideration in the “interests of justice” branch of the analysis. [...] There is also no information explaining why a refusal is necessary and in the “interests of justice” in order to preserve the RPD’s “ability to deal with refugee claims fairly and efficiently.” Indeed, the record does not include any information on which the Court could rely to justify the Member’s refusal to reinstate the
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424.
Creelman v. Canada (Attorney General) - 2021 FC 304 - 2021-04-09
Federal Court Decisions(1) Did the Respondent breach procedural fairness by denying an interview? [...] [13] The first issue deals with procedural fairness and is reviewable on a standard of correctness. [...] A. Did the Respondent breach procedural fairness by denying an interview?
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425.
Canada (Attorney General) v. Grover - 2004 FC 704 - 2004-05-14
Federal Court Decisions4. Was this an appropriate way to deal with Dr. Grover's request that proceedings be stayed pending the outcome of the Ontario Superior Court action? [...] [39] Intertwined with these conditions are the rules of procedural fairness. [...] ... In my view the Commission had an obligation, as a matter of fairness, to do so.