11,315 result(s)
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4,376.
Canada (Attorney General) v. National Police Federation - 2023 FCA 75 - 2023-04-12
Federal Court of Appeal DecisionsRather, its findings were largely influenced by the fact that “[t]he APS [Instructor] role is a fairly unique circumstance with very specific past management decisions and practices” (Decision at para. 234). [...] However, this, in my view, is not a fair characterization of the Board’s reasoning on the violation issue. [...] This led the Board to conclude that the APS Instructor’s role “[was] a fairly unique circumstance with very specific management decisions and practices” (Decision at para. 234).
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4,377.
Ahmad v. Canada (Citizenship and Immigration) - 2023 FC 8 - 2023-01-04
Federal Court DecisionsIn fairness, Camayo was decided after the RPD rendered its decision, which is the subject of the present application, however before me, the reasoning of the RPD must be assessed in light of the Federal Court of Appeal’s recent decision. [...] [44] As stated earlier, and in all fairness, Camayo was issued after the RPD rendered the decision that is the subject of the present application. [...] [49] Given my findings relating to Mr. Ahmad’s intention to reavail, I need not deal with the third aspect of the test, being whether Mr. Ahmad actually reavailed himself of the diplomatic protection of Pakistan.
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4,378.
Lessard-Gauvin v. Canada (Attorney General) - 2019 FC 897 - 2019-07-05
Federal Court Decisions[2] Before dealing with the appeal, these proceedings should be put in context. [...] [9] Dealing first of all with financial information, Mr. Lessard-Gauvin argued his vulnerability to the risks of identity theft, fraud or financial extortion. [...] In any event, Trial Lawyers deals with access to justice, which is jeopardized by hearing fees allowing access to the British Columbia court.
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4,379.
Breau v. Canada (National Revenue) - 2012 FC 1207 - 2012-10-17
Federal Court Decisions• What, if any, dealings do you have with Synergy Group (2000) Inc and IBCA? [...] This information was sent at the encouragement of the criminal investigators, who also instructed Ms Campbell on how to deal with phone calls from investors. [...] The flow of information between the two divisions was fairly regular, especially in 2007.
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4,380.
Arias-Garcia v. Canada (Citizenship and Immigration) - 2007 FC 750 - 2007-07-23
Federal Court Decisions[13] The officer applied the wrong test, and therefore Mr. Singh Sahota was not given a fair hearing. [...] He has already suffered a great deal and I worry about what will happen to him if we have to leave Canada. [...] [13] The officer applied the wrong test, and therefore Mr. Singh Sahota was not given a fair hearing.
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4,381.
Wild v. Canada - 2004 FC 942 - 2004-06-30
Federal Court DecisionsThese reasons will therefore deal with the issues raised, the evidence adduced and the arguments made on that understanding. [...] He testified that a door handle similar to the one on Mr. Wild's cell could be turned approximately 10 to 20 degrees and if turned fast enough could make a "fair noise". [...] 69. Il est interdit de faire subir un traitement inhumain, cruel ou dégradant à un délinquant, d'y consentir ou d'encourager un tel traitement._
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4,382.
Hoechst Marion Roussel Canada Inc. v. Canada (Attorney General) - 2001 FCT 795 - 2001-07-13
Federal Court DecisionsThe second motion deals with the issue of the scope of the participation of an administrative agency in the review of its own decision. [...] In support of that argument, the Board Staff in the context of this motion, adduces evidence of the extensive submissions it made before the Board and most especially, those dealing with expert evidence and the scope of the application of the five patents at issue in Court File T-1671-00. [...] HMRC takes the position that the Board may speak to the record before the Board and to its jurisdiction but cannot address matters relating to procedural fairness including whether the Board structures give rise to an apprehension of bias.
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4,383.
Dhaliwal v. Canada (Citizenship and Immigration) - 2023 FC 1249 - 2023-09-18
Federal Court DecisionsThe central question for issues of procedural fairness is whether the procedure was fair having regard to all of the circumstances, including the factors enumerated in Baker v Canada (Minister of Citizenship and Immigration), [1999] 2 SCR 817 at paragraphs 21-28 (Canadian Pacific Railway Company at para 54). [...] For this reason, I find that the IAD’s decision is procedurally fair. [...] The IAD’s decision bears all the hallmarks of reasonableness, as per Vavilov, and is procedurally fair.
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4,384.
Doucette v. Canada (Attorney General) - 2021 FC 704 - 2021-07-05
Federal Court Decisions(3) Does the Board have jurisdiction to consider issues of procedural fairness? [...] [41] In my view, Assh does not stand for the authority that the Board lacks jurisdiction to consider matters of procedural fairness. [...] The Applicant raises standard issues of procedural fairness and lengthy proceedings.
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4,385.
Bradshaw v. Canada (Public Safety and Emergency Preparedness) - 2018 FC 632 - 2018-06-18
Federal Court DecisionsThe Officer’s decision is both procedurally fair and reasonable. I. Background [...] The Officer’s decision was both reasonable and procedurally fair. V. The Issues [...] C. There is no breach of procedural fairness due to reliance on “extrinsic evidence”
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4,386.
George v. Canada (Attorney General) - 2007 FC 564 - 2007-05-29
Federal Court Decisions(d) Whether the Applicant was denied procedural fairness. PART III – SUBMISSIONS OF THE PARTIES [...] D. Procedural Fairness [83] In oral argument, the Applicant submitted that she was denied procedural fairness because she was not offered an opportunity to be heard before she was suspended from employment. [...] This deference at this stage is not a license to avoid appropriate requirements for procedural fairness.
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4,387.
Javeed v. Canada (Citizenship and Immigration) - 2023 FC 1377 - 2023-10-16
Federal Court Decisions[34] The Applicant submits that the RAD’s decision is both unreasonable and breaches procedural fairness. [...] He claims that he never met Mr. Savaglio and all correspondence and dealings regarding his claim were through Mr. Bhalli, to whom he recounted his narrative in Punjabi. [...] The RAD’s decision is both reasonable and procedurally fair. No questions for certification were raised, and I agree that none arise.
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4,388.
Ibrahim v. Canada (Citizenship and Immigration) - 2020 FC 1148 - 2020-12-11
Federal Court DecisionsDid the RAD err in finding that Mr. Ibrahim was not denied procedural fairness or natural justice before the RPD? [...] [12] Mr. Ibrahim does not allege a breach of natural justice or procedural fairness by the RAD. Rather, his appeal to the RAD raised issues of procedural fairness and natural justice before the RPD, and it is the RAD’s determination of the procedural fairness and natural justice issues that Mr. Ibrahim asks this Court to [...] In this case the Court is reviewing a finding of the RAD on the question of counsel competence, not dealing with the issue de novo.
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4,389.
Smith v. Canada (Attorney General) - 2015 FC 1105 - 2015-09-22
Federal Court DecisionsC. Issue 3 - Did the Funding Decider breach procedural fairness? [55] The applicants state that the Funding Decider breached the duty of procedural fairness because: [...] [60] I am of the opinion that the Funding Decider acted fairly and did not breach procedural fairness. [...] [63] Because of my decision above, I need not deal with the issue of the payment of the sums of $67,600 and $2,500.
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4,390.
De Santis v. The Queen - 2015 TCC 95 - 2015-04-17
Tax Court of Canada Judgments(a) What is the fair market value of the wine donated by the appellant? [...] the normal rules of evidence under the Informal Procedure”.[5] He stated that, rather, the provision was intended “to provide Tax Court Judges with the necessary flexibility to enable them to deal as informally and expeditiously with an appeal as the circumstances of the case and considerations of fairness allow”.[6] [...] [39] The appellant added that the Minister erred regarding the reason for the increase of the fair market value established by Mr. Laliberté.
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4,391.
Kaur v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1192 - 2005-08-31
Federal Court Decisions47 To consider these submissions I begin from the premise that the duty of fairness is not absolute, but rather varies according to context. [...] [13] Thus in reviewing a decision of the Minister's officer in dealing with humanitarian and compassionate grounds, a review is conducted on the basis of reasonableness simpliciter keeping in mind that the decision is a discretionary one and that the duty of fairness is not absolute. [...] 37 More generally, the traditional position at common law has been that the duty of fairness does not require, as a general rule, that reasons be provided for administrative decisions.
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4,392.
Gittel v. Air Atlantic (1995) Ltd. - 1998-11-20
Federal Court DecisionsThe Commission, when dealing with a complaint, may appoint an investigator under s-s.43(1), it may appoint a conciliator under s-s.47(1), both of which steps were here taken, and it may refer the complaint to a human rights tribunal under s-s.49(1). [...] [25] The remaining issue in this case is whether the failure to disclose the August 13, 1996 letter constituted a breach of procedural fairness. [...] In my view, in the circumstances, the requirements of procedural fairness were met.
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4,393.
Wedge v. Canada (Attorney General) - 1997-06-23
Federal Court DecisionsIn the present context, the respondent submits that as s.4 of the Act is silent with respect to the procedure to be followed, the Governor in Council is obliged only to comply with the common law requirements of procedural fairness that the applicant be apprised of allegations against him and be given a fair opportunity to [...] i) Procedural Fairness: In my view, there has been no breach of procedural fairness in the present case. [...] While the applicant refers to alleged inadequacies and omissions in the Bloodworth-Whalen Report, in my view, there was opportunity for him to deal with any such deficiencies or short-comings by written submissions he made in response.
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4,394.
1218395 Ontario Inc. v. Canada - 2017 FCA 121 - 2017-06-13
Federal Court of Appeal Decisions[7] Instead, the appellant submits that the TCC’s decision was made on the basis of inadequate information insofar as the CRA failed to fairly and candidly disclose all relevant information about its role in the Ontario Minister of Finance’s refusal to consent to the revival of the company. [...] There is nothing in the Agreement indicating that the delegation of power extends or includes the granting of consent for Articles of revival under the OBCA. The appellant acknowledged that there was no specific provision dealing with this matter in the Corporation Tax Act, R.S.O. 1990, c. C-40. [...] The only provision dealing with such a consent is section 6 of the Ontario Regulation 289/00 adopted under the OBCA. Finally, we are not satisfied that it establishes that the CRA failed to disclose any information that could have a material impact on the TCC’s view that the appellant had not been diligent.
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4,395.
Agnaou v. Canada (Attorney General) - 2014 FC 87 - 2014-01-27
Federal Court Decisions[1] The Court has before it an application under section 51.2 of the Public Servants Disclosure Protection Act, SC 2005, c 46 [Act], for judicial review of a decision dated February 12. 2013, [decision] in which the Office of the Public Sector Integrity Commissioner [OPSIC] refused to deal with a reprisal complaint because [...] [16] I also reject the applicant’s argument that his right to procedural fairness was breached. [...] [17] Given that there was no wrongdoing or disclosure, I find that the OPSIC’s decision to refuse to deal with the applicant’s complaint was completely reasonable.
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4,396.
Salvador Cid Guerra v. Canada (Citizenship and Immigration) - 2011 FC 319 - 2011-03-16
Federal Court DecisionsIf that is what the Officer had done, judicial review would be granted as it is a requirement of procedural fairness that one understands the process by which an adjudicator reaches a conclusion (North v West Region Child and Family Services Inc, 2007 FCA 96, 362 NR 83). [...] [8] In this case the Officer had a great deal of country conditions to consider and quoted from the United States Department of State’s 2009 Country Reports on Human Rights Practices which sets forth efforts in Mexico to deal with organized crime.
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4,397.
Spidel v. Canada (Attorney General) - 2010 FC 1040 - 2010-10-22
Federal Court Decisions[9] Rather than dealing with the objection to the additional evidence as a preliminary matter, the Court heard the Applicant’s case and the full response. [...] This raises issues of natural justice and procedural fairness which, if relevant, would be assessed on the standard of correctness (Bonamy v. Canada (Attorney General), 2010 FC 153). [...] [20] In the absence of the Commissioner dealing with a complaint that takes up the issues which the Applicant attempted to have this Court decide, this Court should not embark upon that type of review without a decision by the Institution on those issues.
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4,398.
Murphy v. Canada (National Revenue) - 2010 FC 448 - 2010-04-26
Federal Court DecisionsWhile such a claim may be open to the Applicants, the appropriate way to deal with this type of conduct and the punitive nature of relief would be by an action based upon a finding of the unlawful issuance of the RFIs. [...] As indicated earlier and as reflected in Dimplex North America Ltd. v. CFM Corp., 2006 FC 1403, lump sum awards are becoming more readily accepted as an efficient and fair way to dispose of costs. [...] (d) the Respondent’s suggestion that the case did not deal with complex legal and constitutional issues ignores the arguments advanced by the Respondent to justify the legal basis for the specific conduct at issue and ignores the constitutional/Charter arguments raised.
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4,399.
Carino Rios v. Canada (Citizenship and Immigration) - 2008 FC 1383 - 2008-12-22
Federal Court Decisions12. In reading the panel’s decision, the applicants noticed that the decision basically only deals with the improbabilities in the applicant’s testimony regarding the reprisals that he suffered as a truck driver. [...] [10] Although the applicants have framed the issue in this case as one of procedural fairness, I find that their submissions challenge the panel’s findings of fact (Barm v. Minister of Citizenship and Immigration, 2008 FC 893, at paragraph 10). [...] [14] In this case, the part of the panel’s analysis dealing with the IFA issue is found at page 4 of his decision:
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4,400.
Jeon v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1712 - 2005-12-19
Federal Court DecisionsI will deal with each in turn. (i) Did the Board err by failing to identify the parts of the applicants' claims that it found credible? [...] There, the Board must go on to deal with the credible parts of the claim: M.M. v. Canada (Minister of Employment and Immigration), [1991] F.C.J. No. 1110 (F.C.A.) (QL). [...] In addition, they argue that the Board's analysis made selective use of the documentary evidence and did not provide a fair representation of the situation in South Korea.