11,315 result(s)
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4,501.
Henri v. Canada (Attorney General) - 2016 FCA 38 - 2016-02-08
Federal Court of Appeal Decisions1. What is the level of procedural fairness required when revoking a security clearance under the Aeronautics Act, and did the Minister satisfy his duty of procedural fairness in this case? [...] B. Procedural Fairness [18] The level and the content of the duty of procedural fairness are variable and are determined according to the context of each case. [...] [24] The statutory scheme provides the Minister with a great deal of discretion.
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4,502.
Qureshi v. Canada (Citizenship and Immigration) - 2009 FC 1081 - 2009-10-26
Federal Court Decisions(1) Procedural Fairness – Disclosure of Anonymous Letter [14] The issue relating to the disclosure of the anonymous letter is one which involves procedural fairness. [...] This Court has held that when dealing with the issue of extrinsic evidence, the judge does not need to engage in an assessment of the appropriate standard of review but should evaluate whether the rules of procedural fairness have been adhered to: see Edobor v. Canada (Minister of Citizenship and Immigration), 2007 FC 883, [...] [...] a fairly high standard of procedural fairness must inform the decision-making process followed in a citizenship application.
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4,503.
Akhlaghi v. Canada (Attorney General) - 2017 FC 912 - 2017-10-24
Federal Court DecisionsNevertheless, those who are charged with a disciplinary offence are entitled to procedural fairness. [...] (i) is in possession of, or deals in, contraband; i) est en possession d’un objet interdit ou en fait le trafic; [...] (j) without prior authorization, is in possession of, or deals in, an item that is not authorized by a Commissioner’s Directive or by a written order of the institutional head;
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4,504.
Canada (Royal Mounted Police) v. Canada (Attorney General) - 2015 FC 1372 - 2015-12-09
Federal Court DecisionsNCS reports to the Commissioner and deals with compensation programs for RCMP Members, including giving input to the TBS. [...] (i) would fairly and adequately represent the interests of the class, [...] i. Would not “fairly and adequately represent the interests of the class”; and
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4,505.
Agustawestland International Ltd. v. Canada (Minister of Public Works and Government Services) - 2004 FC 1545 - 2004-11-03
Federal Court Decisions¶ 4 In order to deal with these issues a brief recital of the facts is necessary: [...] (3) The Chairperson may assign one member of the Tribunal to deal with a complaint and a member so assigned has and may exercise all of the Tribunal's powers, and has and may perform all of the Tribunal's duties and functions, in relation to the complaint. [...] 1. the "fairness monitor" responsible for ensuring that the evaluation of the bids was fair is a friend of the Public Works evaluators, and a former lobbyist for a subcontractor of the winning bidder.
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4,506.
Canada (Attorney General) v. Boogaard - 2015 FCA 150 - 2015-06-22
Federal Court of Appeal DecisionsTo maintain that confidence, they must discharge—and must be seen to discharge—their duties in a fair and faultless way. [...] Across Canada, the RCMP enforces a host of federal laws, including those dealing with commercial crime, counterfeiting, drug trafficking, organized crime, and terrorism. [...] [84] Finally, in his memorandum of fact and law the respondent expresses concern about procedural fairness.
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4,507.
Lebrasseur v. Canada - 2011 FC 1075 - 2011-09-19
Federal Court DecisionsThey also argue that since the RCMP grievance process is systematically biased, wrought with delay, lacks procedural fairness and does not ensure effective and independent redress, this Court’s jurisdiction should not be ousted simply because the claim arises out of the workplace. [...] Part III specifically deals with grievances. Parts IV and V respectively deal with discipline and discharge and demotion, while Parts VI and VII respectively establishes the Royal Canadian Mounted Police Public Complaints Commission and the regime of public complaints. [...] As can be seen, the facts of the present case are fairly different. Constable Lebrasseur is still a member of the RCMP and she has a number of outstanding grievances pending.
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4,508.
Abdollahzadeh v. Canada (Citizenship and Immigration) - 2007 FC 1310 - 2007-12-13
Federal Court DecisionsIn fact, this document deals with granting refugee status to the applicant’s brother in Austria. [...] d. Documents 5 to 10 deal with objective documentary evidence bearing on human rights conditions and more specifically the status of women in Iran, we must recognize that according to the PRRA officer, none of these documents corroborate the personal facts of the applicant’s allegations. [...] - The restrictions regarding the admissibility of the new information provided at paragraph 113(a) of the IRPA violate the rules of fundamental justice and fairness of section 7 of the Charter;
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4,509.
Canada (Minister of Human Resources Development) v. Leavitt - 2005 FC 664 - 2005-05-12
Federal Court Decisions[7] The RT notes that the OAS Act is intended to provide income support to elderly persons and, as remedial legislation, must be given "such fair, large and liberal construction and interpretation as best ensures the attainment of its objectives". [...] Issue #1: Did the RT have jurisdiction to deal with this appeal? [9] The Minister submits that the RT has no authority to hear an appeal of the Minister's decision in this case. [...] In this case, the RT was dealing with the interpretation of certain provisions of the OAS Act, a matter for which the tribunal can claim no advantage over the Court.
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4,510.
Le 11675 Societe en Commandite v. The Queen - 2002-12-06
Tax Court of Canada Judgments[2] The appellant company, a registrant for the purposes of the application of the GST, was required to self-assess on the Fair Market Value ("the FMV") of the building constructed in Saint‑Georges, Beauce, Quebec. [...] Ultimately it boils down to a consideration of simple fairness, common sense and the interest that the courts have that justice be done. [...] [56] Counsel for the appellant company argued that the lease between the appellant company and Villa du Jasmin was inappropriate: the two corporations were not dealing with each other at arm's length, and the content of the lease was therefore neither relevant nor reliable.
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4,511.
Roger Gauthier Inc. v. Canada - 1999-11-26
Federal Court DecisionsAccordingly, legitimate expectation and the duty to act fairly cannot be relied on as a basis for tortious liability, as provided in art. 1053 of the Civil Code of Lower Canada, and the latter creates no positive right. [...] [45] It is worth noting that the legislative background was very different in administrative law from what it is today, especially as regards the concept of the "duty to act fairly", which was not developed until the late 1970s.[17] [...] [56] In addition to these Regulations, the Treasury Board at that time also adopted, pursuant to the powers conferred by the 1952 Financial Administration Act,[25]an order dealing with the rejection of tenders and the information to be supplied by bidders when the tenders were filed.
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4,512.
Yanasik v. Canada (Citizenship and Immigration) - 2021 FC 1319 - 2021-11-30
Federal Court DecisionsThey submitted that this resulted in a breach of procedural fairness. [...] The RAD was unpersuaded that RPD Counsel’s representation resulted in a breach of procedural fairness. [...] [18] The RAD outlined the test for a breach of procedural fairness due to inadequate representation.
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4,513.
Canada (Attorney General) v. Chad - 2018 FC 319 - 2018-03-20
Federal Court DecisionsThe Court will be obliged in this instance to conduct the hearing in an in-camera fashion in order to be able to deal with ex parte evidence and submissions. [...] Considerations of fairness must radiate throughout every step of the section 37 proceedings. [...] In a section 37 proceeding, cross-examination by opposing counsel is not a prerequisite to ensure fairness.
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4,514.
Mymryk v. Canada (Attorney General) - 2010 FC 632 - 2010-06-10
Federal Court Decisions[14] I believe that the issue of procedural fairness raised in this application is determinative. [...] [16] Central to the duty of procedural fairness is the right to know the case to be met. [...] [29] None of this is an attempt to elevate the duty of procedural fairness incumbent on the Board.
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4,515.
Chu v. Canada (Minister of Citizenship and Immigration) - 1998-05-01
Federal Court of Appeal Decisions[1] This appeal deals with the following question certified by Reed J. pursuant to Subsection 83(1) of the Immigration Act1 ("the Act"): [...] [49] I believe it is fair to assume that the requirements of "natural justice" are subsumed under the general category of "fairness", particularly in respect of an administrative decision such as this. [...] In both cases, therefore, the duty of fairness did not require more than what had actually been done.
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4,516.
Peter G. White Management Ltd. v. Canada (Minister of Canadian Heritage) - 2006 FCA 190 - 2006-05-19
Federal Court of Appeal Decisions[26] Since the appellant's appeal will be moot if the Crown's cross-appeal is successful, I shall deal first with the cross-appeal. [...] [54] The case law dealing with the nexus required between parties' legal rights and duties, and federal law is not easy to reconcile. [...] The National Parks Business Regulations, 1998, deal extensively with the licensing of business operations in national parks.
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4,517.
Villeneuve v. Canada - 2006 FC 456 - 2006-04-07
Federal Court DecisionsThe various facts and circumstances put forward could serve to illustrate or establish the existence of this systemic failure to consider, deal with and treat this particular type of injury or ailment. [...] We are not dealing with a situation under the Public Service Employment Act. [...] [49] The parties did not deal at length with the question of how their arguments on prescription would be affected if it were held that the six-year prescription could be applicable.
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4,518.
Ontario Assn. of Architects v. Assn. of Architectural Technologists of Ontario - 2002 FCA 218 - 2002-05-28
Federal Court of Appeal DecisionsHowever, affidavit evidence is admitted on issues of procedural fairness and jurisdiction. [...] [41] Counsel also drew our attention to Société des Acadiens du Nouveau-Brunswick Inc. v. Assn. of Parents for Fairness in Education, Grand Falls District 50 Branch, [1986] 1 S.C.R. 549. [...] Nonetheless, I shall deal with this issue since it was fully canvassed in argument and constitutes the other half of the definition of a public authority.
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4,519.
Canada (Royal Canadian Mounted Police Public Complaints Commission) v. Canada (Attorney General) - 2004 FC 830 - 2004-06-09
Federal Court Decisions[2] The Applicant notes that a fair number of individuals have already had access to the information that the Applicant seeks. [...] Police efforts to deal with terrorists and their acts will be subject to the same checks and balances. [...] But ss. 45.41 provides a discrete process in the context of a hierarchy of forums to deal with a dissatisfied complainant.
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4,520.
Haghshenas v. Canada (Citizenship and Immigration) - 2023 FC 464 - 2023-03-31
Federal Court DecisionsAny procedural fairness issues are reviewable on a correctness standard. [...] I am not satisfied either is relevant to the duty of procedural fairness. [...] I have already dealt with this argument under procedural fairness, and found the use of artificial intelligence is irrelevant given that (a) an Officer made the Decision in question, and that (b) judicial review deals with the procedural fairness and or reasonableness of the Decision as required by Vavilov.
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4,521.
Harms-Barbour v. Canada (Public Safety and Emergency Preparedness) - 2021 FC 59 - 2021-01-20
Federal Court DecisionsThe Applicant was given such opportunity when she received the Procedural Fairness Letter. [...] C. No Breach of Procedural Fairness [53] The Applicant first submits that her rights to procedural fairness were breached because she did not receive the documents, which, according to the Procedural Fairness Letter, should have been attached. [...] [54] Moreover, I am satisfied that the duty of procedural fairness was met in this case.
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4,522.
Leone v. Canada (Attorney General) - 2018 FC 54 - 2018-01-19
Federal Court DecisionsA. Was the Applicant afforded procedural fairness? B. Was the Deputy’s decision reasonable? [...] [23] All four grievances related to issues surrounding the Applicant’s dealing with the ORD, particularly the SOR that she filed on June 30, 2016. [...] [34] The Applicant was afforded procedural fairness. B. Was the Deputy’s decision reasonable?
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4,523.
Pronovost v. Canada (Revenue Agency) - 2017 FC 1077 - 2017-11-29
Federal Court DecisionsPart XX of the Canada Occupational Health and Safety Regulations, SOR/86-304 [Regulations], establishes preventative and investigative controls to deal with work place violence. [...] • (b) The investigator breached his duty of procedural fairness in the investigation; and [...] That said, the investigator respected the principles of procedural fairness in the course of the investigation, and the findings in his report are also reasonable.
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4,524.
Angulo v. Canada (Citizenship and Immigration) - 2014 FC 1131 - 2014-11-25
Federal Court DecisionsIn acting in this manner, he breached the duty of procedural fairness. [...] [33] Member Fiorino rejects their evidence that they were assaulted because they failed to mention the filing of denunciations in their Original PIF. What he fails to mention or deal with is that copies of the denunciations mentioned in the Amended PIFs are in the record before him. [...] The failure to do so and then use the suspicion that a fraudulent document has been submitted as a basis to discount it and their evidence as a whole is a breach of procedural fairness.
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4,525.
Weaver v. Canada - 2008 FCA 238 - 2008-07-15
Federal Court of Appeal DecisionsThe rent payable under the headlease was $90,000 per year for the first five years of the term, and “fair market rent”, as determined by the Minister, for each succeeding five year period during the term. [...] The fair market rent for the second five year period of the headlease (November 1, 1998 to October 31, 2003) was approximately $99,000 per year. [...] As a result there is a great deal of jurisprudence on the meaning of the phrase “active business”.