11,315 result(s)
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4,801.
Canada v. Whaling - 2022 FCA 37 - 2022-03-04
Federal Court of Appeal Decisions[1] These reasons deal with two appeals, one brought by Ms. Whaling in file no. [...] These reasons will deal with both files since the issues are the same in both. [...] The question is a legitimate one but, in my view, fairness to the subclass members suggests that the question is best answered with an appropriate evidentiary foundation.
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4,802.
Gillen v. Canada - 2019 FCA 62 - 2019-04-03
Federal Court of Appeal Decisions[11] On February 15, 2008, an offer to purchase the shares of Devonian was received from a numbered company, which was dealing with Devonian and its shareholders at arm’s length. [...] The form, however, states that the fair market value of the transferred property was $675,000. [...] Since over half of the permits were issued as of the time that the election was being made, it is far from clear why the fair market value of the transferred property would have been $675,000 as of that time.
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4,803.
Singh v. Canada (Citizenship and Immigration) - 2014 FC 1022 - 2014-10-28
Federal Court DecisionsParagraph 113(a) deals with the admissibility of fresh evidence before a Pre-Removal Risk Assessment [PRRA] officer (that had not been before the RPD). [...] Questions of law and of procedural fairness are to be evaluated on the correctness standard. [...] [29] As such, the three grounds of appeal (dealing with the applicant’s identity, his credibility, and his IFA) were reviewed on the reasonableness standard.
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4,804.
Lau v. Canada (Public Safety and Emergency Preparedness) - 2013 FC 1142 - 2013-11-12
Federal Court Decisions[35] In the written submissions the applicant also argued that the failure to provide sufficient information with respect to the basis for the Minister’s opinion violated the duty to act fairly under section 7 of the Charter. [...] [22] Dealing with the first unanswered question, in my view there is no bright line test which determines what level of explanation is required when the Minister disagrees with advice he has received. [...] The Minister linked Mr Lau’s conduct subsequent to the offence, including his escape, assisted by others, and flight to Canada coupled with the circumstances of the index offence, which was a very serious offence, involving a large quantity of drugs, and a great deal of planning across three countries along with the
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4,805.
Kim v. Canada (Attorney General) - 2012 FC 870 - 2012-07-10
Federal Court DecisionsThe charge was dismissed by an Independent Chair Person on November 12, 2008 as having been laid under the wrong section and not under the provision dealing with assaults and fights. [...] For that reason, I do not propose to deal with that aspect of the decision. [...] Furthermore, the respondent contends, this case does not deal with any novel issue in law or with an issue of particular importance to the parties.
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4,806.
Canada (Attorney General) v. Professional Institute of the Public Service of Canada - 2010 FC 728 - 2010-07-06
Federal Court Decisions[7] The Board was established pursuant to subsection 137(1) of the PSLRA by the Chair of the Public Service Labour Relations Board to deal with items in dispute between the Employer and the Institute. [...] Since the question before the Board deals with legislation outside the Board’s normal area of expertise, it requires review on a standard of correctness. [...] [29] The newly enacted ERA is not the Board’s home statute but deals extensively with collective bargaining matters.
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4,807.
Abbott Laboratories Limited v. Canada (Attorney General) - 2008 FCA 354 - 2008-11-17
Federal Court of Appeal DecisionsHowever, it is fair to say that the letter is intended to persuade the Minister at least that the use of Meridia to treat obesity should be understood to include the use of Meridia to improve glucose tolerance. [...] It is not clear whether Abbott requested an adjournment to deal with this issue, but there is no reason to believe that could not have been done. [...] Justice Hughes properly exercised his discretion to consider paragraphs 44 to 51 of the affidavit of Dr. Lewanczuk dealing with his expert opinion, and to refuse to consider the other paragraphs of Dr. Lewanczuk’s affidavit dealing with other matters.
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4,808.
CMAC mortgages ltd. v. Canadian Mortgage Expert Centres Ltd. - 2008 FC 6 - 2008-01-04
Federal Court Decisions[19] Justice Binnie in Mattel, Inc. v. 3894207 Canada Inc., [2006] 1 S.C.R. 772 neatly summarized, at paragraph 6 of his reasons subscribed by all of the other members of the Court the essence of section 6 dealing with confusion. [...] There was no specific evidence that the confusion which had been made out had led to any customers to stop dealing or to even consider not dealing with the plaintiffs on future occasions. [...] c) faire passer d’autres marchandises ou services pour ceux qui sont commandés ou demandés;
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4,809.
Maege v. The Queen - 2006 TCC 117 - 2006-04-28
Tax Court of Canada Judgments(b) that the purchaser or a person with whom the purchaser does not deal at arm's length is entitled at any time to receive, directly or indirectly, or to have available. [...] Le Petit Robert refers to an "action d'annoncer, de faire savoir quelque chose au public, verbalement ou par écrit " in the definition of "annonce". [...] The word " déclarer " is defined as " faire connaître... d'une façon expresse, manifeste ".
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4,810.
Yamani v. Canada (Minister of Citizenship and Immigration) - 2003 FCA 482 - 2003-12-19
Federal Court of Appeal Decisions[23] It is only necessary to briefly deal with the appellant's section 7 arguments as the analysis of abuse of process under the Charter is the same as under the common law. [...] The first five deal with whether Kelen J. correctly determined that various individual factors did not constitute an abuse of process. [...] In order to do so, I must first deal with each of the arguments raised by the appellant.
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4,811.
Zarzour c. Canada - 2001 FCT 463 - 2001-05-10
Federal Court Decisions. . . . . (d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal . . . [...] An unbiased tribunal, knowledge by the person whose life, liberty or security is in jeopardy of the case to be answered, a fair opportunity to answer and a decision reached the basis of the material in support of the case and the answer made to it are features of such a procedure. [...] Q.B.), a case dealing with restrictions imposed on an accused in remand custody while awaiting trial, McDonald J. stated as follows, at p. 372:
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4,812.
X v. Canada (Citizenship and Immigration) - 2020 FC 864 - 2020-06-24
Federal Court DecisionsØ Sections 77 to 85.6 deal with security certificate that can be issued by the Minister of Citizenship and Immigration on grounds of security, violating human or international rights, or serious criminality or organized criminality (as covered by sections 34 to 37 of IRPA). [...] Ø Section 87 deals with the protection of information (as defined in section 76) or other evidence during a judicial review conducted by this Court; it also deals with special rules applicable to the appeal of a decision made by the Court requiring the disclosure of such information or other evidence that would be injurious [...] In the course of a judicial review of such a decision, a special advocate will be available if the judge, on a discretionary basis, concludes that consideration of fairness and natural justice require it.
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4,813.
Perez Mendoza v. Canada (Citizenship and Immigration) - 2010 FC 119 - 2010-02-04
Federal Court DecisionsSection 96 of IRPA deals with the circumstances in which Convention refugee status may be obtained. [...] If the inadequacy of the reasons amounts to a breach of procedural fairness, the Court will intervene without the need to proceed to a pragmatic and functional analysis (Sketchley v. Canada, [2005] F.C.J. no 2056, paras. 53-55). [...] It seems in Hurtado-Martinez case, the tribunal did not deal with the claimant’s credibility.
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4,814.
Durrer v. Canadian Imperial Bank of Commerce - 2007 FC 1290 - 2007-12-07
Federal Court DecisionsFor me to consider a section 10 violation at this point would constitute a denial of fairness and natural justice. [...] Section 7(b) deals with adverse discrimination “in the course of employment”. [...] Section 10 deals with discriminatory practices or policies established or agreed to by an employer.
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4,815.
Sziklai v. The Queen - 2006 TCC 68 - 2006-04-05
Tax Court of Canada JudgmentsHe was not dealing with sophisticated persons in a sophisticated setting. [...] · The implementation of this arrangement was fairly loose. The Corporation continued as the legal owner of every aspect of the business. [...] [13] Usually a person in the position to detect and deal with a remittance failure is a person involved in the day-to-day management which is not the case here.
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4,816.
Brychka v. Canada (Attorney General) - 1998-02-02
Federal Court DecisionsGiven the history that his diarrhea had started during the war, it is fair to assume that that was in fact the beginning of the ulcerative colitis which at that time must have been quite difficult to diagnose. [...] In my opinion, the Board erred by failing to deal directly with the evidence on its merits. [...] 6 Tonner v. Canada (Minister of Veterans Affairs) (1995), 94 F.T.R. 146, affirmed supra note 3 (F.C.A.), dealing with the Veterans Appeal Board.
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4,817.
Ma v. Bank of Canada - 2020 FC 1125 - 2020-12-04
Federal Court DecisionsThis is the issue in dispute in the procedural fairness aspect of this case. [...] CEP deals with a very different factual context. [73] In Taseko, the Federal Court of Appeal at para 71 also discussed the risk of prejudice, and found no prejudice in the relevant information. [...] I will deal with the Applicant’s submissions in the order they were made.
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4,818.
Kandiah v. Canada (Citizenship and Immigration) - 2021 FC 1388 - 2021-12-09
Federal Court DecisionsMy analysis below deals with a last-minute preliminary issue raised by the Respondent, whether to hold this judicial review in abeyance (which request I denied for the reasons provided), followed by the procedural fairness issues raised by the Applicant and the Intervener, and finally, the issue of whether the Decision is [...] B. Breach of Procedural Fairness or Natural Justice [45] In my view, the determinative issue in this matter is breach of procedural fairness or natural justice by reason of incompetent counsel. [...] I will deal with each of these asserted aspects of procedural unfairness separately below, after addressing the Intervener’s request about the order in which the issues of breach of procedural fairness and reasonableness should be dealt.
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4,819.
Gladman v. Canada (Attorney General) - 2017 FCA 109 - 2017-05-25
Federal Court of Appeal DecisionsB. Were Dr. Gladman’s procedural fairness rights violated? [33] As for the procedural fairness issue, like the Federal Court, I would conclude that there was no violation of Dr. Gladman’s procedural fairness rights. [...] The IRM Addendum is not a complete codification of his procedural fairness rights. [...] There is no statute that deals with the extent of disclosure required and the IRM Addendum does not make specific provision for disclosure of the contents of the Reviewer’s interviews – again pointing to a lower degree of procedural fairness.
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4,820.
Pardo v. Canada (Public Safety and Emergency Preparedness) - 2023 FC 1769 - 2023-12-29
Federal Court DecisionsIn considering issues of procedural fairness, the reasonableness standard of review does not apply. [...] As a result, I am prepared to accept that this factor favours a heightened level of procedural fairness.” [...] [101] In my view, there are appropriate remedies available in the administrative law context to deal with state-caused delay in human rights proceedings.
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4,821.
Benavides v. Canada (Citizenship and Immigration) - 2021 FC 43 - 2021-01-12
Federal Court Decisions[42] This also holds true with respect to the issue of procedural fairness. [...] Indeed, the applicants are not arguing that the RAD itself breached procedural fairness. [...] C. Was the RAD’s finding that the RPD did not breach procedural fairness unreasonable?
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4,822.
Wojcik v. Canada (Attorney General) - 2020 FC 958 - 2020-10-08
Federal Court DecisionsThe portions of the affidavit dealing with legal argument are improper content for an affidavit (Rule 81) and are the same as in the Applicant’s response to the Notice of Intent. [...] This conclusion impacts the nature and level of procedural fairness owed. [...] [40] I can find no breach of procedural fairness in these circumstances.
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4,823.
A.N. v. Canada (Citizenship and Immigration) - 2016 FC 549 - 2016-05-16
Federal Court DecisionsIt placed little weight on this evidence, and because it was not central to the Applicant’s claim nor did it deal with her credibility the RAD determined that a hearing would not be ordered. [...] Thus, the RAD determined that the Applicant’s right to a fair hearing was not compromised by having her Aunt act as her designated representative or by having her hearing interpreted into Uyghur. [...] [19] As for the issue of procedural fairness raised by the Applicant, the Supreme Court has stated recently that correctness continues to be the standard of review in respect of procedural fairness issues (see: Mission Institution v Khela, 2014 SCC 24 at para 79, [2014] 1 SCR 502).
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4,824.
Sithamparanathan v. Canada (Citizenship and Immigration) - 2013 FC 679 - 2013-06-18
Federal Court Decisions[22] CIC’s Operational Manual ENF2/OP18, Evaluating Inadmissibility, deals with how visa officers should handle cases when admissibility issues arise. [...] The Respondent submits that there is no merit to the Applicant’s allegations that the Officer breached procedural fairness. [...] The Applicant’s mother responded to the fairness letter on 16 December 2011.
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4,825.
Casler v. Canadian National Railway - 2011 FC 148 - 2011-02-09
Federal Court Decisions[4] On January 6, 2005 the Commission decided in accordance with ss 41(1) of the Act to deal only with those allegations which predated Ms. Casler’s complaint by one year. [...] [23] In considering the question of fairness, I am guided by the following statements from Sketchley, above: [...] These failings, she says, constitute a breach of the duty of procedural fairness.