11,315 result(s)
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4,726.
Wilson v. Atomic Energy of Canada Limited - 2015 FCA 17 - 2015-01-22
Federal Court of Appeal Decisions[54] However, here, we are not dealing with initial discord on a point of statutory interpretation at the administrative level. [...] Instead, we are dealing with persistent discord that has existed for many years. [...] [90] Next, in Canadian Imperial Bank of Commerce v. Boisvert, [1986] 2 F.C. 431, 68 N.R. 355, this Court also did not deal with the question before us now.
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4,727.
Chopra v. Canada (Attorney General) - 2007 FCA 268 - 2007-08-21
Federal Court of Appeal Decisions4. Les actes discriminatoires prévus aux articles 5 à 14.1 peuvent faire l'objet d'une plainte en vertu de la partie III et toute personne reconnue coupable de ces actes peut faire l'objet des ordonnances prévues aux articles 53 et 54. [...] The principles developed by the courts to achieve that goal in dealing with tort liability are therefore necessarily applicable. [...] Having been compensated for the loss of the ability to compete on a fair basis, it would be double compensation to then award him the position itself.
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4,728.
Franck v. The Queen - 2005 TCC 392 - 2005-06-23
Tax Court of Canada JudgmentsDuring this period in 1993 he approached the National Bank to obtain financing to deal with these debts. [...] He was continuously attempting to deal with the CRA and to pay these remittances. [...] They are still talking about fairness. In 1998, they got post-dated cheques.
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4,729.
AB Hassle v. Genpharm Inc. - 2003 FC 1443 - 2003-12-22
Federal Court DecisionsThe public is entitled to rely on the words used provided the words used are interpreted fairly and knowledgeably. [...] It deals with an alkaline sensitive drug, methyl dopa, in tablet formation. [...] On cross-examination, Dr. Marshall stated: "The term micro-environment is a term that is used fairly recently by various people".
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4,730.
Lord v. M.N.R. - 1999-02-15
Tax Court of Canada Judgmentsemployment if the employer and employee are not dealing with each other at arm's length. [...] There is no dispute in this case, nor could there be any, that the payor and the payee do not deal with each other at arm's length. [...] These words have well-understood meanings when dealing with questions of proprietary or contractual rights.
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4,731.
CAE Inc. v. The Queen - 2021 TCC 57 - 2021-09-14
Tax Court of Canada Judgments(B) in order to achieve a benefit or advantage for the payer or for persons with whom the payer does not deal at arm’s length, or [...] If any renegotiations had taken place, they would have sought to ensure that Canada would still benefit from the deal[83]. [...] 1. The terms of the Agreement and their impact on a fair market rate of return;
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4,732.
Bilodeau-Massé v. Canada (Attorney General) - 2017 FC 604 - 2017-06-19
Federal Court DecisionsCanada has changed a great deal in 150 years. In other words, if realities change, so do the courts. [...] Consequently, the PBC did not breach procedural fairness by not holding a hearing. [...] [172] As we can see, the scope of the obligation to act fairly has variable content.
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4,733.
Smith v. Canada (Attorney General) - 2022 FCA 221 - 2022-12-20
Federal Court of Appeal DecisionsHowever, for issues of procedural fairness, the question is whether the procedure was, in fact, fair. [...] The fairness of reaching such an interpretation in view of the arguments that had been made to Service Canada; and [...] Since the website does not purport to deal with the specifics of every person’s particular situation, claimants cannot reasonably treat information on it as if it were personally provided to them by an agent in response to an inquiry about their eligibility on given facts.
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4,734.
Wenikajtys (Estate) v. The Queen - 2021 TCC 93 - 2021-12-13
Tax Court of Canada Judgments(1) The appeal filed by the estate of Malgorzata Z. Wenikajtys deals with amounts that the Régime de retraite des fonctionnaires de la Ville de Montréal was to pay the estate following Ms. Wenikajtys's death. [...] However, the task for this Court is to enforce the relevant law; it cannot refuse to enforce it for reasons of fairness or justice. [...] It is not open to the Court to make exceptions to statutory provisions on the grounds of fairness or equity.
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4,735.
Badawy v. 1038482 Alberta Ltd. - 2019 FCA 150 - 2019-05-16
Federal Court of Appeal Decisionsconducting herself in a manner that was not impartial and which evidenced bias against him, thereby denying him a fair hearing. [...] [18] Mr. Badawy submits that the motions to strike should not have proceeded as new motions to strike were required to deal with the amended statement of claim. [...] The Judge was polite and treated Mr. Badawy fairly and with respect. She patiently explained the process to him at numerous occasions (Transcript of hearing, Appeal Book, Vol. 1, page 6, lines 15-28; page 7, lines 1-16, 23-27; page 8, lines 1-4; page 15, lines 19-23, 26-28; page 16, lines 1-4; and page 21, lines 10-12).
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4,736.
Shirt v. Saddle Lake Cree Nation - 2018 FC 836 - 2018-08-15
Federal Court DecisionsIt is therefore unnecessary to deal further with the relief sought regarding compliance with that judgment. [...] Any process chosen by the band must be procedurally fair including a transparent process known to all members. [...] Any decision to remove a nominee due to a protest must be made by an unbiased decision maker(s) who gives full and fair consideration to the protest and nominee’s submissions.
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4,737.
Bautista v. Canada (Citizenship and Immigration) - 2018 FC 669 - 2018-06-28
Federal Court Decisions[4] The present reasons will therefore deal with the Applicant’s preliminary motion and with the merits of the case. [...] She further argues that by reviewing ESDC’s Labour Market Impact Assessment, i) the visa officer acted in excess of jurisdiction, and ii) at the very least, procedural fairness required that the visa officer provide the prospective employer with an opportunity to respond. [...] It is generally not a procedural fairness requirement that applicants for a work permit be granted an opportunity to respond to a visa officer’s concerns.
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4,738.
Westbrook v. Canada (National Revenue) - 2013 FC 951 - 2013-09-13
Federal Court DecisionsMs. Fraser stated that she reviewed his grievance, the Investigator’s report and the submissions presented by the Applicant and his representative at the hearing before concluding that “the merits of (the Applicant’s) complaint were fairly and thoroughly considered and that the investigation process was conducted [...] [16] The Investigator’s report and the initial decision, in dealing with the five issues raised by the Applicant in this application, made a number of findings. [...] In Yu v Canada (Attorney General), 2011 FC 38 at para 27, failure to assess credibility was discussed in the context of procedural fairness.
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4,739.
Petrosyan v. Canada (Citizenship and Immigration) - 2012 FC 1319 - 2012-11-13
Federal Court DecisionsHer duties are described in the reference letter as dealing with many different information technology and computer science projects including artificial linguistics, managing teams of personnel, conducting research and preparing for academic conferences. [...] [10] The central issues to be determined on this application are whether the Officer breached the duty of fairness by failing to notify the applicant of her concerns and, secondly, whether the Officer erred by determining that she was not eligible for FSW processing. [...] [19] The content of the duty of fairness owed to visa applicants is at the low end of the procedural fairness spectrum: Yao v Canada (Minister of Citizenship and Immigration), 2009 FC 114; Patel v Canada (Minister of Citizenship and Immigration), 2002 FCA 55.
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4,740.
Samad v. Canada (Citizenship and Immigration) - 2011 FC 324 - 2011-03-17
Federal Court DecisionsIt found that once a removal order is made it had no discretion to consider the fairness or proportionality of the consequences that would result. [...] [12] I will deal with each of the above issues in turn. Legitimate Expectation [...] The Board’s admissibility hearing is not the place to consider the fairness or proportionality of such consequences.
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4,741.
Koroghli v. Canada (Citizenship and Immigration) - 2010 FC 1067 - 2010-11-01
Federal Court Decisions[21] The issue of procedural fairness also commands a correctness standard (Canada (Citizenship and Immigration) v. Khosa, 2009 SCC 12). [...] Therefore, there cannot be a breach of procedural fairness. [29] Parliament provided for two separate processes to deal with applications: when the persons are in Canada and when they are abroad. [...] [35] The officer did not err in law and did not breach any procedural fairness requirement.
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4,742.
Canada (Public Safety and Emergency Preparedness) v. Sittampalam - 2009 FC 863 - 2009-08-31
Federal Court DecisionsDid the Member err in her duty of procedural fairness by failing to provide the parties with an opportunity to present submissions regarding the terms of release at issue? [...] [19] With regard to issues of procedural fairness and natural justice, the reviewing court accords no deference to the decision-maker. [...] [23] The present application before the undersigned deals with the judicial review of the decision of November 13, 2008.
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4,743.
Santos v. Canada (Citizenship and Immigration) - 2009 FC 360 - 2009-04-09
Federal Court Decisionsb. Were the applicant’s procedural fairness rights breached? c. Did the Officer fetter his discretion by not considering humanitarian and compassionate considerations? [...] Issue No. 2: Were the Applicant’s procedural fairness rights breached? [...] It is therefore incumbent on the Department to adopt a flexible and constructive approach in its dealings with the Program's participants.
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4,744.
Hinton v. Canada (Citizenship and Immigration) - 2008 FC 1343 - 2008-12-02
Federal Court DecisionsI formed the view in Momi, Hinton no. 1 and Hinton no. 3, based on my own review of what is essentially the same documentation that there is a fairly arguable case, as well as a fairly arguable defence. [...] Evidence on a motion for certification deals with such matters as common issues, a representative plaintiff, and preferable procedure. [...] I doubt it is plain and obvious that the entire proposed class does not have a fairly arguable case.
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4,745.
Singh v. Canada (Citizenship and Immigration) - 2008 FC 15 - 2008-01-07
Federal Court DecisionsIt is time to have this issue properly and fairly addressed and not in the mechanistic manner his visa applications appear to have been considered. [...] While the Applicant had no right to an interview, an interview would have allowed him to deal with the matter. [...] The Applicant is entitled to have his visa application reviewed fully and fairly – to be able to address in a real manner the allegations (stated and implied).
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4,746.
El Ghazaly v. Canada (Citizenship and Immigration) - 2007 FC 1329 - 2007-12-18
Federal Court Decisionsa. Did the officer breach her duty of procedural fairness by failing to confront the applicants with her concerns about the authenticity of the Court documents submitted or by failing to assess the evidence about Egypt? [...] However, on allegations of procedural fairness, the decision will be reviewed on a standard of correctness (Canada (Attorney General) v. Sketchley, 2005 FCA 404, at paragraph 53). [...] This is clearly not a case where the officer made an error of law by concluding that she was not required to deal with risk factors in her assessment of the humanitarian and compassionate application.
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4,747.
Perez v. Canada (Minister of Citizenship and Immigration) - 2006 FC 1380 - 2006-11-15
Federal Court DecisionsThe evidence concerning his parents’ interest to the police was before the RPD, but was not found to support the conclusion that they could not get a fair trial or that they experienced past persecution. [...] The panel concluded that the Criminal Court can fairly deal with the substantive nature of their defence. [...] • The parents could expect a fair process of prosecution in respect of the outstanding warrant for their arrest;
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4,748.
Thambiah v. Canada (Minister of Citizenship and Immigration) - 2006 FC 742 - 2006-06-13
Federal Court DecisionsIn the present case, the Board’s assessment of the evidence was reasonable, especially dealing with the omissions and inconsistencies in his testimony, POE notes, and amended PIF, and the implausibility of his oral testimony as it relates to the amended PIF. [...] [23] Finally, the applicant raises the issue of bias, and procedural fairness. [...] The application for judicial review, on the issue of bias and procedural fairness, must be dismissed.
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4,749.
Ngyuen v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1001 - 2005-07-20
Federal Court DecisionsI will deal with the procedural issues first. [10] The Applicant's hearing was adjourned twice, on November 26, 2003 and February 16, 2004. [...] [18] The Board is there to hear submissions, decide issues of law and then make a decision in a fair and just manner. [...] [23] I am satisfied that the hearing was conducted in a fair manner.
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4,750.
Koken v. Canada (Minister of Citizenship and Immigration) - 2005 FC 882 - 2005-06-22
Federal Court DecisionsZafer regularly attended book fairs and would send a list of books it hoped to showcase to the government organization which was in charge of the book fairs. [...] Mr. Koken believes that this was an attempt by the government to discourage or exclude religious publications from the book fairs. [...] [13] First, the RPD does not deal in a satisfactory way with the discrepancy between the port of entry notes and Mr. Koken's oral testimony with respect to the number of times he was arrested.