11,315 result(s)
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4,601.
Zakoyan v. Canada (Citizenship and Immigration) - 2008 FC 217 - 2008-02-21
Federal Court DecisionsIn the alternative, she says that the officer’s failure to inform the applicant of the exclusion is a breach of procedural fairness. [...] Therefore there was no breach of procedural fairness by the officer. Did the officer err in referring to the decision by the RPD? [...] Therefore, in my view, the officer was not required to deal with this application in the context of the PRRA.
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4,602.
Aivani v. Canada (Minister of Citizenship and Immigration) - 2006 FC 1231 - 2006-10-18
Federal Court Decisions[8] I will deal first with the PRRA decision. II. Ms. Aivani’s PRRA Application [...] Moreover, Ms. Aivani says that she was denied procedural fairness in the PRRA process, as the PRRA officer did not properly consider her request for an oral hearing. [...] [15] However, to the extent that the arguments advanced by Ms. Aivani raise issues of procedural fairness, the task for the Court is to isolate any act or omission relevant to the question of procedural fairness, and to determine whether the process followed by the officer satisfied the level of fairness required in all of
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4,603.
Abdi v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 142 - 2003-02-10
Federal Court Decisions[13] As well, the Respondent argues in his written submissions, that the Applicant had received one interview and the lack of a second interview did not deprive him of a right to a fair hearing. [...] As noted by the Supreme Court of Canada in Knight v. Indian Head School Division No. 19, [1990] 1 S.C.R. 653, the concept of procedural fairness is variable and its content is to be assessed in the context of each case. [...] This course of events and speculation reflects a lack of diligence and inquiry that is expected from administrative decision-makers, particularly when dealing with such an important decision for an individual applicant.
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4,604.
Singh v. Canada (Minister of Citizenship and Immigration) - 1999-06-23
Federal Court DecisionsNotwithstanding the 1951 Convention, the principle of non-refoulement itself is a fundamental principle of international law, and as with other instruments dealing with extreme forms of human rights violations such as torture, extra judicial execution and disappearance, permits no exceptions. [...] If it were determined, after a fair hearing complying with international standards, that Iqbal Singh should not benefit from refugee status, the principle of non-refoulement means he could nevertheless not be sent back to a country where he would be at risk of serious human rights violations. [...] The requirements of procedural fairness cannot be frustrated or negated by apparent bureaucratic inefficiencies in the operation of the Minister's correspondence unit.
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4,605.
Canada (Attorney General) v. Society Promoting Environmental Conservation - 2003 FCA 239 - 2003-05-29
Federal Court of Appeal DecisionsI describe these three other issues when I deal with them later in these reasons. [...] I deal with this question later in these reasons. [24] Two aspects of the legal analysis seem clear. [...] Again, I note that counsel did not allege that the statutory breach constituted a denial of the duty of fairness.
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4,606.
Ford Motor Company of Canada Limited v. The Queen - 2015 TCC 39 - 2015-02-18
Tax Court of Canada Judgments1. Section 159 of the ETA deals with situations where payment for a supply is expressed in foreign currency. [...] Paragraph 6 deals with the definition of “amount” in section 123 of the ETA. Paragraph 7 reproduces subsection 296(2) of the ETA dealing with unclaimed credits. [...] -- Malgré les articles 302 et 306, la personne à laquelle le paragraphe 301(1.2) ou (1.21) s'applique qui produit un avis d'opposition à une cotisation ne peut interjeter appel devant la Cour canadienne de l'impôt pour faire annuler la cotisation, ou en faire établir une nouvelle, qu'à l'égard des questions suivantes :
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4,607.
Lake City Casinos Limited v. M.N.R. - 2006 TCC 225 - 2006-04-20
Tax Court of Canada JudgmentsWhere it is possible by a fair and large construction of a statutory provision to attain its object, then such fair and large interpretation must be given. [...] Firstly, I will consider the authorities that deal specifically with tips and then, secondly, I will consider the authorities dealing more generally with statutory construction. [...] All deal with facts where the employer or deemed employer actually made the payment.
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4,608.
Muncan v. Canada (Minister of Citizenship and Immigration) - 1998-02-24
Federal Court Decisions[16] Regarding an application for a stay of a removal order under the Immigration Act, it seems to me that the issue is whether it is fair and just to grant it. [...] In dealing with the issue of jurisdiction, the Court stated the following: [...] So the deportation order ... is stayed ... until the applicant can have a fair and objective humanitarian and compassionate assessment of her situation.
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4,609.
Fatomiluyi v. Canada (Citizenship and Immigration) - 2024 FC 220 - 2024-02-09
Federal Court DecisionsAssociate Chief Justice Gagné found that this extra requirement constituted external information which should have properly been put to the Applicant and granted the judicial review based on a breach of procedural fairness (at paras 9-12). [...] This provision is found in Part 12 of the Regulations, which deals with students and study permits. [...] [24] Ultimately, Justice Sadrehashemi, relying on Iriafe, found that the officer breached the applicant’s procedural fairness rights by not providing any notice of the officer’s concerns with accreditation and not providing any opportunity to respond to these concerns (Okedayo at paras 22-23).
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4,610.
Allaire v. Canada (Attorney General) - 2020 FC 652 - 2020-05-29
Federal Court DecisionsThis legality has two components: compliance with procedural fairness, and the reasonableness of the decision on the merits. [...] Nor does Ms. Allaire argue that the Commission breached its duty of procedural fairness in the handling of her complaint. [...] She further noted that Ms. Allaire had not identified any breach of procedural fairness.
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4,611.
Hébert v. The Queen - 2018 TCC 48 - 2018-03-15
Tax Court of Canada Judgments. . . (iv) a debt owing to the taxpayer by a Canadian-controlled private corporation (other than, where the taxpayer is a corporation, a debt owing to it by a corporation with which it does not deal at arm’s length) that is [...] . . . small business corporation, at any particular time, means, subject to subsection 110.6(15), a particular corporation that is a Canadian-controlled private corporation all or substantially all of the fair market value of the assets of which at that time is attributable to assets that are [...] including, for the purpose of paragraph 39(1)(c), a corporation that was at any time in the 12 months preceding that time a small business corporation, and, for the purpose of this definition, the fair market value of a net income stabilization account shall be deemed to be nil[.]
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4,612.
Balili v. Canada (Public Safety and Emergency Preparedness) - 2011 FC 396 - 2011-03-31
Federal Court Decisions[9] The record of the materials placed before the Minister includes a Memorandum dated April 27, 2010 which is a report to the Minister by his officials setting out a good deal of information about the Applicant and his circumstances. [...] Neither this Memorandum nor a fair summary of its contents was given to the Applicant. [...] Where the officials have received apparently relevant material, that material or a fair summary should be given to the Minister.
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4,613.
Muhanna v. Canada (Citizenship and Immigration) - 2008 FC 1289 - 2008-11-18
Federal Court Decisions(b) Whether the Citizenship Judge breached procedural fairness by failing to provide reasons for his negative credibility finding with respect to Mr. Muhanna’s residency calculation; and [...] (c) Whether the Citizenship Judge breached procedural fairness by failing to indicate to Mr. Muhanna during the hearing, the areas of concern that would affect his decision, thereby denying him the opportunity to answer the Citizenship Judge's concerns. [...] That calculation of absences ought to have been put to Mr. Muhanna in order to see if he had any explanation for the additional absences claimed by the respondent; not to do so, in this case, was a denial of procedural fairness.
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4,614.
Pieters v. Canada (Attorney General) - 2004 FC 342 - 2004-03-11
Federal Court DecisionsAccordingly, I will deal with Mr. Pieters' application only in relation to the latest decision in this matter; that is, the Administrator's dismissal of his grievance. [...] 3. Do the grievance procedures prevent a fair hearing? 4. Is there a reasonable apprehension of bias? [...] 3. Do the grievance procedures prevent a fair hearing as guaranteed by s. 2(e) of the Canadian Bill of Rights?
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4,615.
Kong v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 852 - 2001-08-02
Federal Court Decisions[18] Finally, the respondent submits that the visa officer did not breach the duty of fairness by failing to give the applicant an opportunity to address his concerns. [...] [21] It is also my opinion that the visa officer did not breach the duty of fairness by not summoning the applicant for an interview or requesting him to submit the required documents. [...] [25] I am prepared to certify part of the second question dealing with the issue of file stripping.
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4,616.
Choudhary v. Canada (Minister of Citizenship and Immigration) - 2000-06-09
Federal Court Decisions38. Rather than provide us with this opportunity to deal with these concerns Ms. Oprean cancelled our IMM1000's. I believe this was unfair. [...] The first was that the legal effect of the above events was that Mr. Choudhary was to be given an opportunity to address the concerns of the port of entry officer, that no opportunity was afforded to him to address those concerns and that this was a violation of a duty of fairness owed to Mr. Choudhary. [...] [22] Nor can I conclude on the record before me that the decision that a new application would be required breached any duty of fairness.
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4,617.
Stewart Potskin v. Canada - 2011 FC 457 - 2011-04-18
Federal Court Decisionsb) faire suspendre le paiement des deniers jusqu’à ce que la personne ait atteint l’âge de vingt et un ans. [...] ii. an unspecified treaty obligation of fair dealing; and iii. a fiduciary obligation to protect their economic interests. [...] [60] As in Sam, above, the Department was an uninterested participant throughout its dealings with the Plaintiffs and their parents.
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4,618.
Apotex Inc. v. Janssen-Ortho Inc. - 2009 FCA 212 - 2009-06-22
Federal Court of Appeal DecisionsThus, it submits that it did not have a fair hearing and that its fate was determined by the Novopharm trial. [...] Here, the Judge deals with the issues of anticipation and obviousness at paragraphs 87 to 104 and at paragraphs 105 to 176 respectively. [...] After his conclusion that the prohibition order was granted, one would have expected the Judge to simply set out his order and deal with the issue of costs.
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4,619.
Canada (Finance) v. Déziel - 2006 FC 1481 - 2006-12-11
Federal Court DecisionsDuring the review of the questions listed above, I will deal with it if it proves necessary. [...] In fact, according to the plaintiff, he no longer had the means to deal with his debts, particularly when we consider that the amounts due increased with no end in sight due to applicable penalties and interest. [...] We are not dealing with a case in which, given his psychological condition, a debtor created a trust that is managed by other people who are more fit than him to make decisions and for which he is the only beneficiary.
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4,620.
AB Hassle v. Apotex Inc. - 2005 FC 234 - 2005-02-14
Federal Court DecisionsThe affidavit of Daphne C. Ripley deals with the publication date for a particular reference. [...] The case was concerned with prior art documents and it did not deal with alternative grounds. [...] [99] Having concluded as I have with respect to the threshold issues, I need not deal with the alternative issues.
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4,621.
Rowan Williams Davies & Irwin Inc. v. ProWise Engineering Inc. - 2019 FC 1199 - 2019-09-23
Federal Court DecisionsIt also contends that RWDI’s work is not protected by copyright and, even if it were, ProWise’s use of RWDI’s work was fair dealing and RWDI suffered no damage from it. [...] [10] RWDI sought to introduce a great deal of the documentary evidence allegedly supporting its application simply by attaching it as schedules to its notice of application and memorandum of fact and law.
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4,622.
Nazari v. Canada (Citizenship and Immigration) - 2014 FC 1097 - 2014-11-20
Federal Court DecisionsMr. Nazari says that his work led to him becoming well-known to Afghan refugees involved in drug dealing in Greece. [...] [6] According to Mr. Nazari, many Afghanis living in Greece were involved in drug dealing. [...] • Mr. Nazari’s claim that the Board denied him a fair hearing by constantly cutting him off, thus preventing him from getting his story out.
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4,623.
Forget v. Canada (Attorney General) - 2012 FC 212 - 2012-02-14
Federal Court Decisions[5] Essentially, Mr. Forget contends that he was not sufficiently informed of the allegations made against him and not given a fair opportunity to respond to them. [...] I am much more concerned with how the Regional Deputy Commissioner will deal with the Warden’s decision than with how the Federal Court of Appeal will deal with my own.
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4,624.
Kossow v. The Queen - 2006 TCC 151 - 2006-03-14
Tax Court of Canada JudgmentsFurther to our reassessment dealing with your donation claim relating to Ideas Canada Foundation for the 2002 taxation year, we have revised our reassessing positions as follows: [...] One judge should be free to deal with all issues at one sitting. (c) A decision on the question that the appellant wants to have heard as a preliminary matter under Rule 58 will not be determinative of the entire case. [...] To some extent the court's discretion must in part be based on convenience, efficiency and fairness.
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4,625.
Morassutti v. Expertech Network Installation Inc. - 2004 FC 558 - 2004-04-14
Federal Court DecisionsI see no basis on which to find that the Commission's decision was unreasonable, and no indication that the process by which Mr. Morassutti's complaint was considered fell short of the requirements of procedural fairness as set out in Syndicat des employés de production du Québec et de l'Acadie v. Canada (Human Rights [...] Commission to deal with complaint 41. (1) Subject to section 40, the Commission shall deal with any complaint filed with it unless in respect of that complaint it appears to the Commission that