11,315 result(s)
-
4,226.
Greer v. Canada (Minister of Citizenship and Immigration) - 2001-01-29
Federal Court Decisions[4] The reasons that follow deal solely with the remaining contested application brought by Greer Shipping Ltd. ("Greer"), IMM-2639-99. [...] 3. Was there any breach of procedural fairness due to delay and lack of disclosure? [...] [90] Supplementary written submissions dealing with this issue were filed by both parties after the hearing of the oral argument.
-
4,227.
Nnabuike Ozomma v. Canada (Citizenship and Immigration) - 2012 FC 1167 - 2012-10-02
Federal Court DecisionsWhether the process as a whole was fair is subject to the correctness standard. [...] The Officer’s failure to do so in this case constitutes a breach of procedural fairness. [...] [51] Justice Michel Beaudry specifically referred to Ferguson, in I.I., above, when he had to deal with this difficult distinction at paragraphs 18 to 21 and 24:
-
4,228.
Au v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 243 - 2001-03-26
Federal Court DecisionsI have not been persuaded that the duty of fairness was breached. Issue #4: [...] That is not, as see it, a question of acting or being required to act judicially, but of being required to act fairly. [...] [31] The Supreme Court of Canada has held when dealing with a specialized administrative tribunal, courts will accord "significant deference" to it when performing its decision-making function.
-
4,229.
Lima v. Canada (Citizenship and Immigration) - 2023 FC 336 - 2023-03-14
Federal Court Decisions[34] While this may or may not be the case, I need not deal with it because the finding the Applicant did not “cohabit” with her sponsor was determinative of the matter before the Officer. [...] [35] Even if there was a breach of procedural fairness, I will add that there is a very important exception to the general rule that “the denial of a right to a fair hearing must always render a decision invalid” (see Cardinal v Director of Kent Institution, 1985 CanLII 23 (SCC), [1985] 2 SCR 643 at para 23). [...] Stated another way, I am of the view that the breach of procedural fairness has no impact on the Decision.
-
4,230.
Masam v. Canada (Citizenship and Immigration) - 2018 FC 751 - 2018-07-18
Federal Court Decisions[10] The Applicant argues that the Officer breached the Applicant’s right to procedural fairness in two ways. [...] I find no breach of the Applicant’s right to procedural fairness in this regard. [...] [15] The principle of legitimate expectation derives from the requirements of procedural fairness.
-
4,231.
Shannon v. Canada - 2015 FC 983 - 2015-08-18
Federal Court Decisions[37] Issues of procedural fairness are reviewable on the standard of correctness; see the decision in Sketchley, supra at paragraphs 46-47. [...] There is no current breach of procedural fairness and no reviewable error that would justify judicial intervention. [...] [45] I note that in Best, supra, the Court was conducting a judicial review of a decision of the Canadian Human Rights Commission not to deal with a complaint of alleged discrimination on the basis of disability.
-
4,232.
Buchanan v. Bell Canada - 2005 FC 959 - 2005-07-08
Federal Court Decisions- Does the Commission’s inquiry fulfil the requirements of procedural fairness? [...] 1. Requirements of procedural fairness [33] Questions of procedural fairness are addressed not to the result obtained or to the decision that is being judicially reviewed but rather to the process that is taken to reach them. [...] The applicant’s argument based on procedural fairness is based solely on this point[1].
-
4,233.
Yin v. Canada (Citizenship and Immigration) - 2022 FC 564 - 2022-04-20
Federal Court Decisions[13] There are recent authorities, however, that deal with an almost identical situation as the case before me in sufficient detail to be able to assess the similarities in the version of the summons relied on. [...] [26] The Applicant argues that the RAD denied him a fair hearing as a result. [...] On both points, I find that the RAD’s procedure met the requirements of fairness.
-
4,234.
Mhlanga v. Canada (Citizenship and Immigration) - 2021 FC 957 - 2021-09-16
Federal Court DecisionsDid the Officer breach procedural fairness? B. Is the Decision reasonable? [...] B. Did the Officer fail to observe procedural fairness? [24] The Applicant acknowledges the duty of fairness owed to visa applicants is at the low end of the spectrum: see Chiau v Canada (Minister of Citizenship and Immigration), [2001] 2 FC 297 (FCA) [Chiau] [Evans JA], at para 41, dealing with a visa to enter Canada as a [...] Therefore, in my respectful view, there was no breach of procedural fairness.
-
4,235.
Dixon v. TD Bank Group - 2021 FC 101 - 2021-01-29
Federal Court DecisionsFurther background concerning the application for judicial review may be found in the Order and Reasons of Justice Walker dated November 12, 2020, dealing with other preliminary aspects of the application: see Dixon v TD Bank Group, 2020 FC 1054. [...] It appears that his real concern is that the Prothonotaries, either in fact or in appearance, would not judge any further procedural matters fairly because they had ruled against him in the past. [...] [14] In fairness to Mr. Dixon, he brought his recusal motion before he had the benefit of Justice Walker’s Order and Reasons.
-
4,236.
Segovia v. Canada (Citizenship and Immigration) - 2016 FC 1068 - 2016-09-20
Federal Court Decisions[1] There was a breach of procedural fairness during the Refugee Protection Division (RPD) hearing, not because the member accepted the applicant’s choice to proceed without legal representation, but because, without an interpreter, he was unable to fully understand the questions he was asked at the hearing or provide [...] 1) Did the RPD’s decision constitute a breach of procedural fairness? [...] [16] The first issue must be addressed based on the standard of correctness because it deals with natural justice.
-
4,237.
Farha v. Canada (Citizenship and Immigration) - 2016 FC 507 - 2016-05-09
Federal Court Decisions[15] The Applicant raises the sole issue as to whether he was denied procedural fairness in his refugee claim as a result of his immigration consultant’s alleged professional negligence. [...] A. Was the Applicant denied procedural fairness in his refugee claim as a result of his immigration consultant’s alleged professional negligence? [...] [17] It is trite law that the Applicant has the onus of demonstrating that his counsel’s incompetence resulted in a breach of procedural fairness.
-
4,238.
Tjaverua v. Canada (Citizenship and Immigration) - 2014 FC 288 - 2014-03-25
Federal Court Decisions- Was the applicant denied a fair hearing due to the incompetence of her lawyer? [...] It is now well established that issues of procedural fairness and natural justice, like denials of fair hearings due to incompetent counsel, are reviewable as questions of law. [...] This principle has been consistently followed by this Court in immigration proceedings dealing with counsel’s incompetence (Memari v Canada (Minister of Citizenship and Immigration), 2010 FC 1196 at para 34, [2012]2 FCR 350 [Memari]).
-
4,239.
Gravel v. Telus Communications Inc. - 2012 FCA 43 - 2012-02-08
Federal Court of Appeal DecisionsConsequently, the adjudicator/referee determined that he had no jurisdiction to deal with the appellant’s unjust dismissal complaint. [...] [6] The appellant also complained that there had been a breach of procedural fairness in the course of the hearings before the adjudicator/referee. [...] In his view, the appellant had been unable to meet his burden of proving that there had been a breach of procedural fairness: ibid., at paragraphs 55 to 60.
-
4,240.
Green v. The Queen - 2012 TCC 10 - 2012-01-10
Tax Court of Canada Judgments[7] The respondent submits that the beneficiaries, including the appellant, are deemed to have received the Property at its fair market value at the date of the grandmother's death in 1967. [...] Since that date was prior to valuation day, the cost of the Property would be its fair market value on valuation day, which was agreed to be $100,000. [...] Trustees are responsible for filing income tax returns and it is they who deal with liability for capital gains tax, including where there are deemed realizations.
-
4,241.
Canada (Citizenship and Immigration) v. Pourbahri-Ghesmat - 2007 FC 357 - 2007-04-03
Federal Court DecisionsThis involves a question of procedural fairness. Issues of procedural fairness are reviewed against the standard of correctness: Fetherston v. Attorney General, 2005 FCA 111. [...] [6] At the outset, I should note that I do not accept Mr. Pourbahri-Ghesmat’s contention that the Minister has only a limited entitlement to procedural fairness in relation to reasons for a decision, given that there is no legislative right to reasons, and no Charter interests on the part of the Minister are engaged. [...] [23] Given that this matter will have to be re-determined, I am of the view that it is appropriate to deal with the Minister’s argument relating to the Board’s credibility finding as well, in order to ensure that the evidence is properly assessed at the next hearing.
-
4,242.
Sarria v. Canada (Citizenship and Immigration) - 2007 FC 98 - 2007-01-29
Federal Court Decisions[11] The issue is whether there was a breach of procedural fairness because Mr. Sarria was not granted an oral hearing. [...] [12] The standard of review is not applicable to a breach of procedural fairness. [...] Put another way, the report did not deal with the objective aspect of the risk.
-
4,243.
Toure v. Canada (Minister of Citizenship and Immigration) - 2004 FC 1388 - 2004-10-08
Federal Court Decisions· although the Applicant claimed to have suffered a great deal of torture due to his love affair, he apparently did not require any medical attention; [...] 1. Did the Board breach the principles of natural justice or procedural fairness by failing to provide the Applicant a meaningful opportunity to address the concerns of the panel? [...] Issue #1: Did the Board breach the principles of natural justice or procedural fairness by failing to provide the Applicant a meaningful opportunity to address the concerns of the panel?
-
4,244.
Dufour c. La Reine - 2003 TCC 685 - 2003-09-24
Tax Court of Canada JudgmentsIn so doing, the appellant supplied himself with two multiple-unit residential buildings and therefore was required to self-assess based on the fair market value ("FMV") of the said buildings. [...] In that assessment, Quebec's Ministère du Revenu determined that the fair market value of a rental property was $195,609.75. [...] The property was a rental property identical to those in issue, located in the same area of the town of Rimouski, and it was sold to a third party dealing at arm's length for a distinctly smaller amount than the fair market value established in the assessment.
-
4,245.
Kozman v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 714 - 2002-06-28
Federal Court Decisions• [12] Counsel for the applicant submits that the oath/affirmation issue resulted in the applicant not receiving a fair hearing of her claim as she was entitled to at law. [...] [17] The applicant, having a right to a hearing, had a concomitant right to a fair hearing (see, MacDonald v. Montreal (City), [1986] 1 S.C.R. 460). [...] [18] The question raised in this judicial review proceeding is whether, in the circumstances, the applicant received a fair hearing of her claim or, to put it in the terms of the statute, did she have a reasonable opportunity to present evidence.
-
4,246.
Adami v. Canada (Minister of Citizenship and Immigration) - 1999-05-05
Federal Court Decisions[8] Counsel for Ms. Adami submitted that visa officers are obliged by the duty of fairness to assess applications thoroughly. [...] I take this to be a very important expression of fundamental fairness to the applicant. [...] Is a visa officer precluded from considering the subject matter dealt with elsewhere in Schedule I to the Immigration Regulations when dealing with the issue of personal suitability?
-
4,247.
Apotex Inc. v. Merck & Co Inc. - 2008 FC 1185 - 2008-10-21
Federal Court DecisionsThe first deals with the jurisdiction of this Court, enablement and constitutionality of section 8. [...] The court has a clear duty to deal with an application expeditiously. [...] However, it is ultimately necessary to arrive at an exact figure that fairly represents the compensation due to the plaintiff.
-
4,248.
Pfizer Canada Inc. v. Novopharm Ltd. - 2005 FC 1299 - 2005-10-03
Federal Court Decisions2) Adherence to the language of the claims in turn promotes both fairness and predictability. [...] 104 I will now deal with the arguments of the parties in respect of the evidence on the allegation of non-ingringement. [...] 145 I find it unnecessary to deal with the allegation of invalidity for indefiniteness raised by Novopharm in its notice of allegation.
-
4,249.
Nassar v. Canada (Public Safety and Emergency Preparedness) - 2021 FC 378 - 2021-04-29
Federal Court Decisions[38] According to another note to file, on May 28, 2020, the applicant spoke to the Senior Appeals Officer with whom he had been dealing. [...] [64] The common law duty of procedural fairness is “flexible and variable” (Baker at para 22). [...] (iii) establishing an agency that is responsible for ensuring compliance with Parts 1 and 1.1 and for dealing with reported and other information;
-
4,250.
Lauria v. The Queen - 2021 TCC 66 - 2021-10-13
Tax Court of Canada JudgmentsWhether the fair market value ultimately reassessed and reduced by concession at trial represents the fair market value of the shares in issue at the time of the transfer of shares by the Appellants to their non-arm’s length trusts on April 1, 2006. [...] Accordingly, I will address the fair market value issue at the time and in the context of determining whether there has been a misrepresentation and then deal with the issue of whether same would amount to neglect, carelessness or wilful default afterwards. [...] 4.01. Fair Market Value: The parties hereby acknowledge and confirm that they have reasonably and in good faith determined that the fair market value of the Transferred Shares is equal to the Purchase Price.