11,315 result(s)
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4,301.
Bisht v. Canada (Public Safety and Emergency Preparedness) - 2022 FC 1178 - 2022-08-08
Federal Court DecisionsMy analysis below deals with a preliminary issue regarding affidavit evidence on which the Respondent sought to rely in these proceedings, followed by a consideration of the procedural fairness issue raised by the Applicant. [...] The focus of the reviewing court is essentially whether the process was fair, bearing in mind the duty of procedural fairness is variable, flexible and context-specific: Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65 [Vavilov] at para 77; Chaudhry v Canada (Citizenship and Immigration), 2019 FC 520 [...] B. Main issue: Lack of procedural fairness because of incompetent authorized representative
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4,302.
The Winning Combination Inc. v. Canada (Attorney General) - 2019 FC 1014 - 2019-07-30
Federal Court DecisionsIn particular, TWC argues that the grounds underlying its application for judicial review go to the jurisdiction of Health Canada and would result in TWC being denied the benefit of a fair redetermination process. [...] The FCA dismissed the motion, confirming its decision that it was Health Canada’s responsibility to devise a fair redetermination process. [...] If TWC is not granted the PLA, TWC can then raise arguments regarding the process that was followed, including those relating to jurisdiction and procedural fairness.
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4,303.
Derksen v. Canada (Attorney General) - 2015 FC 1058 - 2015-09-11
Federal Court Decisions[19] The Applicant submits that the appropriate standard of review for procedural fairness is correctness. [...] Procedural fairness violations are generally regarded as jurisdictional issues and reviewed on the standard of correctness. [...] The PSLRA is a specialized Tribunal, and its adjudicators are experts in dealing with federal labour disputes.
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4,304.
Campbell v. Canada (Attorney General) - 2013 FC 803 - 2013-07-19
Federal Court DecisionsAt the same time it commented upon the fact that the Applicant had not followed “recent correctional programming” to deal with his aggression toward women. [...] This issue is subject, of course, to respect for procedural fairness. [...] There was no breach of procedural fairness in the non-disclosure by the Parole Board of the evidence to the CRFs.
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4,305.
Wang v. Canada (Minister of Citizenship and Immigration) - 2000-05-18
Federal Court Decisionsb) il a indiqué par écrit au ministre qu'il a fait ou a l'intention de faire un placement; [...] Failure to provide such an opportunity in not a breach of procedural fairness. [...] Further, there is no denial of procedural fairness in providing an oral decision, rejecting an application at the conclusion of an interview, without further opportunity for the applicant to make submissions.
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4,306.
Canada (Attorney General) v. Krever - 1996-12-18
Federal Court DecisionsAfter citing a number of British70 and Canadian71 cases dealing with the doctrine, the Supreme Court of Canada in Old St. Boniface Residents Assn. [...] It is a part of the rules of procedural fairness which can govern administrative bodies. [...] This ground of attack also arises in the claim of a denial of a full opportunity to be heard which I will deal with shortly.
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4,307.
Chen v. Canada (Citizenship and Immigration) - 2018 FC 767 - 2018-07-20
Federal Court Decisions[35] The IAD’s actions did not interfere with the Applicant’s right to a procedurally fair process. [...] The IAD Decision squarely deals with the issue of procedural fairness, stating: [...] As such, no breach of procedural fairness occurred here. VI. Certification
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4,308.
Mazhari v. Canada (Citizenship and Immigration) - 2010 FC 467 - 2010-04-29
Federal Court Decisions[13] It is true that Hilewitz deals with the costs of providing social services rather than health services. [...] (b) Where there is a preliminary determination (the words used in the fairness letter) without an individualized assessment, [does] the fairness procedure, utilized by the visa officer, provide the opportunity to correct this defect? [...] Neither the jurisprudence nor fairness requires such an intervention.
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4,309.
Life Choice Ltd. v. The Queen - 2017 TCC 21 - 2017-01-31
Tax Court of Canada JudgmentsParagraph (c) dealing with experimental development refers to technological advancement. [...] Paragraphs (a) and (b) dealing with basic research and applied research refer to the advancement of scientific knowledge. [...] This appears to be clear from a fair, liberal and purposive reading of the SR&ED definition, including paragraph (d) thereof, and from former Chief Justice Bowman’s comments on the role of intuition, creativity and sometimes genius in Northwest Hydraulic, above.
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4,310.
Salisbury House of Canada Ltd. et al. v. The Queen - 2013 TCC 236 - 2013-07-23
Tax Court of Canada Judgments(a) may prejudice or delay the fair hearing of the action, (b) is scandalous, frivolous or vexatious, or [...] [8] The following provisions deal with an extension of time by the Minister for filing an objection and state the requirements for any extension application. [...] The power to strike out claims that have no reasonable prospect of success is a valuable housekeeping measure essential to effective and fair litigation.
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4,311.
Alert Carpet Cleaning (Niagara) Inc. v. M.N.R. - 2011 TCC 321 - 2011-06-24
Tax Court of Canada JudgmentsThis is suggested by invoices indicating several jobs a month showing that Mr. Hall had worked fairly consistently for Alert since 2006; [...] [33] While not dealing with “control” per se, Respondent’s counsel argued that dealing with complaints about the quality of work, that resulted in Mr. Hall having to redo it at no charge, was part of Alert’s guarantee to its customers. [...] I am only dealing with the status of Mr. Hall. His case will depend on the facts relating to his services.
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4,312.
Ahousaht First Nation v. Canada (Fisheries and Oceans) - 2007 FC 567 - 2007-05-29
Federal Court DecisionsMoreover, there were three people within DFO who had dealings with the applicants in this file. [...] § a declaration that the Minister has breached the applicants’ right to a fair process by failing to abide by the terms of the consultation protocol agreed to by the parties; [...] Sharp dealing is not permitted. However, there is no duty to agree; rather, the commitment is to a meaningful process of consultation.
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4,313.
Apotex Inc. v. Canada (Health) - 2010 FC 1310 - 2010-12-21
Federal Court DecisionsThe applicant says this delay was in contravention of an earlier agreement it had with the Minister dated May 24, 2005 to “resolve disputes in a fair and timely manner”. [...] • [19] While the Ferring case cited by the respondents deals with the PMNOC Regulations, I do not think that it can be taken as a direct authority. [...] As the applicant points out, the Ferring case deals with whether or not the Minister is functus officio as to the issue of whether a generic is a second person pursuant to the PMNOC Regulations.
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4,314.
Houle v. The Queen - 2006 TCC 144 - 2006-03-07
Tax Court of Canada Judgments[7] Upon receiving a letter on behalf of the Respondent requesting the setting of a Case Management Conference to deal with pleadings and procedure involving the Notice of Appeal, a hearing was held in Winnipeg, Manitoba, on July 19, 2005. [...] An examination of the decisions bearing on these sections confirms that Indians who acquire and deal in property outside lands reserved for their use, deal with it on the same basis as all other Canadians. [...] In the circumstances, if he seeks to pursue what is referred to as the “Fairness Package” under section 220 of the Act, I recommend, having regard to the circumstances and the substantial amount of tax payable and the years of the assessment under appeal, that the Minister of National Revenue waive penalties and interest,
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4,315.
Nanjee v. Canada (Attorney General) - 2005 FC 1672 - 2005-12-08
Federal Court DecisionsThis is in violation of the openness, competency, fairness and non-partisanship staffing values. [...] She found against him in relation to two other grounds, and either did not deal with, or only partially addressed, the remaining grounds. [...] [26] Indeed, the President's letter makes it clear that the second Third Party Reviewer would only be dealing with Allegations 4, 5 and 6.
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4,316.
Gill v. Canada - 2005 FC 192 - 2005-02-07
Federal Court DecisionsIn that instance the House of Lords was dealing with the retrospectivity of certain legislation. [...] [9] Mr. Justice Hugessen, as he now is, has provided us with substantial law bearing on representative actions and the effect on them of the Class Action Rules, beginning at a fairly early stage after the latter became effective, 21 November 2002. [...] The Federal Court Rules, 1998 contained and still contain no other rules specifically dealing with the conduct of representative actions and the procedure to be followed is and had always been the same as for any other action.
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4,317.
Dobbin v. The Queen - 2003-01-06
Tax Court of Canada Judgments[11] First dealing with the art, the facts narrow down to the following. [...] It deals with the reverse only, that is benefits flowing from the corporation to the shareholder. [...] If this was an arm's length transaction, B.C. would pay a fair market value rental fee and the Appellant would declare this fee as income.[3] This is not what the Appellant seeks.
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4,318.
Maruha Corp. v. Asl Sanderling (The) - 1999-12-19
Federal Court Decisions4. Procedures in Place within Oceanex dealing with Placement of Portable Generators on board Oceanex Vessels after the accident September 15, 1997; [...] - Procedures in Place within Oceanex dealing with Placement of Portable Generators on board Oceanex Vessels after the accident September 15, 1997; [...] 5. The procedures in place within Oceanex dealing with Placement of Portable Generators on board Oceanex Vessels after the accident, no later than January 31, 2001;
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4,319.
Duchesne v. M.N.R. - 1998-06-10
Tax Court of Canada Judgments[14] The appellant’s wages were set fairly low at first ($200 a week) to make sure that the company got off on the right foot. [...] As well, she no longer had to deal with figures. [23] Counsel for the respondent referred to Josée Gasse (file 96-1888(UI)) and Hélène Gasse (file 96-1890(UI)). [...] The evidence shows that the appellant’s contract of employment would have been substantially similar if she had been dealing with the payer at arm’s length.
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4,320.
Albrifcani v. Canada (Citizenship and Immigration) - 2020 FC 355 - 2020-03-10
Federal Court DecisionsFurther, the Court has held that it will only deal with grounds of review raised in the notice of application record (see, for example, Benitez v Canada (Citizenship and Immigration), 2006 FC 461 at para 227). [...] Did the Officer breach the duty of procedural fairness owed to the Applicant? [...] Rather, they must be viewed in the context of what was put to him in the procedural fairness letter.
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4,321.
Clarke v. Canada (Citizenship and Immigration) - 2012 FC 910 - 2012-07-20
Federal Court DecisionsHe had no previous convictions, yet the Minister improperly alluded to his “previous dealings with the law,” namely, his earlier dropped charges. [...] While the Minister accepted that he could not take account of charges that did not result in a conviction, he noted that Mr. Clarke had had “previous dealings with the law.” [...] While it might have been better not to use the phrase “previous dealings with the law,” the Minister clearly relied on the underlying facts, strikingly similar to the circumstances giving rise to Mr. Clarke’s conviction, as he was entitled to do.
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4,322.
Williams v. Canada (Citizenship and Immigration) - 2017 FC 1027 - 2017-11-09
Federal Court DecisionsWhether an administrative decision was fair is generally reviewable by a court. [...] The fairness of a proceeding is not measured by the standards of “correctness” or “reasonableness”. [...] It is measured by whether the proceedings have met the level of fairness required by law.
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4,323.
Baco v. Canada (Citizenship and Immigration) - 2017 FC 694 - 2017-07-18
Federal Court DecisionsDid the Officer breach the duty of procedural fairness by assessing the Applicants’ internal flight alternative without providing them an opportunity to respond to this issue? [...] [13] The standard to review issues of procedural fairness is correctness (Mission Institution v Khela, 2014 SCC 24 at para 79, [2014] 1 SCR 502; Khosa at para 43). [...] The Applicants say the Officer breached the duty of procedural fairness by assessing an IFA without affording them an opportunity to respond to this issue.
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4,324.
Testawich v. Duncan’s First Nation - 2014 FC 1052 - 2014-11-06
Federal Court Decisions4. Did the Committee breach the duty of procedural fairness it owed the applicant? [...] C. Did the Committee breach the duty of procedural fairness it owed the applicant? [...] [32] There is no dispute between the parties that the Committee owed a duty of fairness to the applicant.
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4,325.
Jiang v. Canada (Citizenship and Immigration) - 2012 FC 1512 - 2012-12-19
Federal Court DecisionsThe officer ignored these findings and therefore breached the principles of fairness and justice. [...] The paragraphs excerpted dealing with the risk of sterilization and the detention of Falun Gong practitioners conflicted with the officer’s finding of a lack of evidence. [...] Did the officer violate procedural fairness? The applicants argue the officer violated procedural fairness by failing to consider or make reference to particular evidence.