11,315 result(s)
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4,426.
Olympia Interiors Ltd. v. Canada - 1999-04-08
Federal Court DecisionsThat was his method in dealing with reports on Olympia, and he approved the Prosecution Report. [...] No such report was made despite Mr. Leyton's familiarity with departmental processes for dealing with such circumstances. [...] ... (d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;
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4,427.
Canada (Commissioner of Competition) v. Rogers Communications Inc. - 2023 FCA 16 - 2023-01-24
Federal Court of Appeal DecisionsThe Competition Tribunal did deal with some issues of law, some relatively uncontroversial. [...] Counsel for the Commissioner fairly conceded during oral argument of this appeal that there were no grounds for a procedural fairness complaint. [...] And, absent procedural fairness concerns before the Tribunal, of which there were none serious enough for the Tribunal to intervene materially, it seems contrary to another purpose of the Act—efficiency.
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4,428.
Ajaguna v. Canada (Citizenship and Immigration) - 2021 FC 556 - 2021-06-08
Federal Court DecisionsHaving regard to the identified frailties of the new evidence submitted by the Applicants, no breach of fairness arose from the RAD’s refusal to convene an oral hearing. [...] [17] I can find no reviewable error in the RAD’s reasons dealing with this issue. [...] The RAD fairly characterized both parents as highly educated, fluent in English and with excellent employment histories.
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4,429.
Zadoyan v. Canada (Attorney General) - 2019 FC 544 - 2019-04-30
Federal Court Decisions[12] The Appeal Division noted that the issue was not the fairness of the Commission’s actions or the enforcement of the debt. [...] The General Division also did not err in finding that it did not have the jurisdiction to deal with Mr. Zadoyan’s request that his debt be written off. [...] [24] There are no allegations of any breach of procedural fairness or any errors of law, nor do any exist.
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4,430.
Pearson v. Canada (Attorney General) - 2018 FCA 82 - 2018-04-25
Federal Court of Appeal DecisionsIt is in the context of those disclosures that the appellant also argued before the FA that he was not treated fairly because he was given insufficient time to file his submissions concerning those documents. [...] [21] In its Findings and Recommendations dealing with this other grievance (AB tab 4 (22)), the Committee clearly stated that the appellant’s “eligible service” extended up to the date of his release which was, according to it, October 25, 2012. [...] the Federal Court with respect to the alleged breaches of procedural fairness during the AR. Even assuming that any such breach occurred during that process, which I doubt, they were cured by the de novo process before the FA. This last process was fair as the appellant had a full opportunity to present all of his
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4,431.
Cawthorne v. The Queen - 2016 TCC 94 - 2016-05-24
Tax Court of Canada Judgments[21] Alternatively, the appellant states that she provided consideration equal to the property’s fair market value, for its transfer. [...] (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
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4,432.
Hi-Tech Seals Inc. v. Canada (Attorney General) - 2009 FC 901 - 2009-09-11
Federal Court DecisionsThe issues in this matter are whether the decision was reasonable and whether the Applicant received procedural fairness in respect of “adequate reasons”. [...] [5] There are Guidelines dealing with the exercise of the Minister’s discretion and the general basis for the exercise of the discretion is one of a) extraordinary circumstances, b) actions of CRA, and c) inability to pay or financial hardship. [...] On the question of procedural fairness/adequacy of reasons, the parties agree and the Court concurs that “correctness” is the standard.
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4,433.
Guillen Morales v. Canada (Minister of Citizenship and Immigration) - 2006 FC 485 - 2006-04-13
Federal Court Decisions1. Did the Board breach the rules of natural justice and the duty of fairness by raising a reasonable apprehension of bias? [...] Issue 1: Did the Board breach the rules of natural justice and the duty of fairness by raising a reasonable apprehension of bias? [...] [13] Like the case before Justice Blais, I am satisfied that the presiding member was intervening to deal with problems that the Board was having with the applicant's testimony.
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4,434.
Constantineau v. Canada (Attorney General) - 2005 FC 1610 - 2005-11-29
Federal Court DecisionsDid the Appeal Division Breach the Duty of Fairness by Relying on Allegations Contained in a Police Report, Which Allegations Were Denied by Mr. Constantineau? [...] I do not see this as raising an issue of procedural fairness, and thus reject this aspect of Mr. Constantineau's application. [...] While Mr. Constantineau denied punching the woman in the face, he did acknowledge that there was a great deal of conflict in the relationship.
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4,435.
Gyorgyjakab v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1119 - 2005-08-16
Federal Court DecisionsThere are no actual personal photographs of the claimant, the passport photograph being, at least the Hungarian one, black and white, and the Romanian is in colour, but the panel notes that the claimant has fair skin, the colouring of her eyebrows and hair appears to be brown, light brown. [...] RPO: So with your hazel eyes, you have, like, a fair completion, and I'm just wondering what is it about your skin, as you mentioned, that would alert someone to the fact that you are Roma, if you are fair? [...] Am I wrong about saying that you're fair? (...) CLAIMANT: I can't give you effective signs, but back home if somebody just looks at somebody, they automatically know who's a Gypsy and who's not just by looking at them.
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4,436.
Anwar v. Canada (Minister of Citizenship and Immigration) - 2004 FC 1202 - 2004-09-01
Federal Court Decisions(a) immediately, if the claimant is present at the hearing and the Division considers that it is fair to do so; or [...] a) sur-le-champ, dans le cas où il est présent à l'audience et où la Section juge qu'il est équitable de le faire; [...] [20] Rule 58(2) must be read in context with other provisions in the Rules dealing with how a claimant is to be notified.
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4,437.
Traore v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 909 - 2002-08-29
Federal Court DecisionsThe applicant also argues that the immigration officer failed in her duty of procedural fairness by failing to inform the applicant or her husband of the doubts she had regarding whether [...] In this respect it differs from many other decisions, e.g. by a visa officer dealing with a sponsored application for landing where the law establishes criteria which, if met, give rise to certain rights. [...] In the case of perceived contradictions, however, the failure to draw them specifically to the applicant's attention may go to the weight that should later be attached to them but does not affect the fairness of the decision.
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4,438.
Ciebien v. The Queen - 2002-04-19
Tax Court of Canada Judgments(i) the fair market value of the property at the time of disposition, and [...] · s. 20.1(2)(a)(i): the fair market value of the property at the time of disposition; [...] I have no reason to doubt that the price obtained for its sale was the price that the Appellant was able to get and that the deal was made at arm's length.
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4,439.
Perez v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 826 - 2001-07-24
Federal Court DecisionsIn making the decision the officer has considered the written material included in your application, your file history of dealings with Canada Immigration, telephone discussions with your previous case manager, Ms Richardson and present case manager, Mr. Shieh and additional submissions from your counsel, Ms. O'Connor [...] [15] Third, the Applicant claim that the Immigration Counsellor breached the duty of fairness and failed to give him a full and fair hearing in accordance with the rules of natural justice. [...] [20] Finally, the Respondent denies that there has been any breach of procedural fairness.
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4,440.
Urpesz v. The Queen - 2001-05-22
Tax Court of Canada Judgmentsthat if you intend to impeach a witness you are bound, whilst he is in the box, to give him an opportunity of making any explanation which is open to him; and, as it seems to me, that is not only a rule of professional practice in the conduct of a case, but is essential to fair play and fair dealing with witnesses. [...] Sometimes reflections have been made upon excessive cross-examination of witnesses, and it has been complained of as undue; but it seems to me that a cross-examination of a witness which errs in the direction of excess may be far more fair to him than to leave him without cross-examination, and afterwards to suggest that he [...] I take it to be a clear rule of construction that in the imposition of a tax or a duty, and still more of a penalty if there be any fair and reasonable doubt the statute is to be construed so as to give the party sought to be charged the benefit of the doubt.
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4,441.
Patel v. Canada (Minister of Citizenship and Immigration) - 2000-11-02
Federal Court Decisionshe refused to take it into account and even look at it, as the Applicant alleges in his "Minutes of the Interview", then I would agree that the visa officer breached his duty of fairness by failing to take into account a relevant piece of evidence and by not providing the Applicant with a fair opportunity to make his case. [...] [29] Two allegations of the Applicant's affidavit deal with the presence of animosity in the following words: [...] Clearly there appears to be a lack of fairness. [32] Accordingly, the application for judicial review is allowed and the matter is returned for redetermination.
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4,442.
Wang v. Canada (Minister of Citizenship and Immigration) - 2000-06-27
Federal Court Decisions2. Citizenship Judge Wicks left the hearing to deal with another matter and she also suggested that the lease of his residence was not standard. [...] 3. Did the Citizenship Judge deny the applicant procedural fairness or natural justice by failing to familiarize herself with the facts of the application and by misconstruing the evidence? [...] Did the Citizenship Judge deny the applicant procedural fairness or natural justice by failing to familiarize herself with the facts of the application and by misconstruing the evidence?
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4,443.
Lakhani v. Canada (Citizenship and Immigration) - 1996-10-07
Federal Court Decisions(b) Whether the visa officer improperly delegated her authority to the Computer Assisted Immigration Processing System ("the CAIPS "); (c) Whether the visa officer breached the duty of fairness by failing to deal expeditiously with the Applicant's file. [...] In my view, fairness requires that an applicant receive a timely Decision. [...] There is no evidence on this record to show that this Applicant was denied procedural fairness.
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4,444.
Standard Life Assurance Company of Canada v. The Queen - 2015 TCC 138 - 2015-06-05
Tax Court of Canada JudgmentsThe Appellant may appeal my decision on costs if it so chooses and thus allow the Court of Appeal to deal with both issues on appeal at the same time, rather than entertain two appeals at different times, while the same relevant facts and issues that affect both are before it. [...] [5] While I intend to review the factors in more detail shortly, I will first deal with the issue of the settlement offer. [...] While all of these cases deal with requests to depart from tariff and the requirement of special circumstances to do so, all of these cases predate the amendment to the General Procedure Rules in 2014 that created Rules 147(3.1) to 147(3.5) dealing with awards on a substantial indemnity basis with respect to settlement
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4,445.
Sinnathamby v. Canada (Citizenship and Immigration) - 2011 FC 1421 - 2011-12-06
Federal Court DecisionsDid the Officer violate the duty of procedural fairness owed to the Applicants? [...] [37] While the opportunity to present evidence is a significant part of the duty of procedural fairness, that evidence submitted must be fully and fairly considered. [...] I need not deal with this argument as the applicant in this case continued the misrepresentation in his interview with the officer until the officer was able to get him to admit that he had not been employed as stated.
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4,446.
Canada (Attorney General) v. Momin Khawaja - 2007 FC 490 - 2007-05-07
Federal Court DecisionsFor example, in Carey v. Ontario, [1986] 2 S.C.R. 637 at para. 38 [Carey], the leading common law decision dealing with Crown privilege, the Supreme Court found that it was “more properly called a public interest immunity”. [...] dealing with solicitor-client privilege in this context, where privilege usually enures to the benefit of the accused, Justice Arbour remarked in R. v. Fink, 2002 SCC 61, [2002] 3 S.C.R. 209 at para. 49 that "[u]njustified, or even accidental infringements of the privilege erode the public's confidence in the fairness of [...] [116] Many of the investigators on Project Awaken had broader duties to perform and their notes reflect the fact that they had to deal with other matters including on-going investigations unrelated to the case against the respondent.
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4,447.
Cameco Corporation v. The Queen - 2014 TCC 367 - 2014-12-02
Tax Court of Canada Judgments[2] I intend to deal first with the motion to strike the Paragraph 247(2)(a) Statements and then with the request to preclude the Respondent from disputing the terms and conditions above-referenced. [...] I will deal with the request for answers to questions concerning the Crown’s Sham Theory above-referenced last. [...] (a) may prejudice or delay the fair hearing of the appeal; (b) is scandalous, frivolous or vexatious;
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4,448.
Wang v. Canada (Citizenship and Immigration) - 2022 FC 808 - 2022-06-02
Federal Court DecisionsAs a result, a procedural fairness letter was sent to the applicant on October 30, 2019. [...] [13] The applicant’s immigration consultant responded to the procedural fairness letter with a letter dated November 11, 2019. [...] They deal exclusively with the charge of driving with a suspended licence.
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4,449.
Gonzalez Gonzales v. Canada (Public Safety and Emergency Preparedness) - 2013 FC 153 - 2013-02-13
Federal Court Decisions[33] The applicants argue the standard of review for procedural fairness is correctness. [...] The website information was public, but the applicants were denied a meaningful opportunity to deal with the evidence in question. [...] Fairness did not require the officer to making further inquiries at all.
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4,450.
Rosenberry v. Canada (Citizenship and Immigration) - 2010 FC 882 - 2010-09-08
Federal Court Decisions- provisions of the Act, Regulations and policy manuals dealing with flexibility in allowing parents to visit Canada while awaiting processing of sponsorship applications; [...] [35] In the present case, the duty of fairness did not require the granting of an adjournment. [...] You owe us a duty of fairness to at least hear the submission before you make a decision.