11,315 result(s)
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4,876.
Attaran v. Canada (Attorney General) - 2013 FC 1132 - 2013-11-06
Federal Court Decisionsiii) Was the Decision, including the investigation, procedurally fair? [...] iii) Was the Decision, including the investigation, procedurally fair? [...] The Governor in Council has the authority to enact regulations and could pass regulations setting targets for immigration and establishing procedures to deal with targets.
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4,877.
Naredo v. Canada (Citizenship and Immigration) - 2022 FC 1543 - 2022-11-14
Federal Court Decisions[58] The first three issues relate to procedural fairness and abuse of process. [...] I will deal with the issues of the right to be heard and the ability to adduce evidence in the next two sections of this judgment. [...] Consequently, there was no breach of procedural fairness by the Officer.
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4,878.
Nammo v. TransUnion of Canada Inc. - 2010 FC 1284 - 2010-12-20
Federal Court Decisions[22] Some of the issues articulated by the applicant may be disposed of in short order because the Court lacks jurisdiction to deal with them. [...] Neither the Federal Courts Act, R.S.C. 1985, c. F-7, nor PIPEDA gives this Court authority over the Fair Trading Act. [...] The non-accuracy related claims of the applicant relate to Principles 7 and 9 dealing with safeguards and access to information.
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4,879.
Golden v. The Queen - 2008 TCC 173 - 2008-03-26
Tax Court of Canada Judgments[43] Further, I do not I think the question of which standard of proof applied, or was applied, raises any question of fairness. [...] It inevitably calls upon the exercise of a judicial discretion to achieve fairness according to the circumstances of each case.” [...] The body of law dealing with the relitigation of issues finally decided in previous judicial proceedings is not only complex; it is also at the heart of the administration of justice.
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4,880.
1099065 Ontario Inc. v. Canada (Minister of Public Safety and Emergency Preparedness) - 2006 FC 1263 - 2006-10-25
Federal Court Decisions(ii) il serait juste et équitable de faire droit à la demande de prorogation, [...] (3) Le Tribunal canadien du commerce extérieur peut rejeter la demande ou y faire droit. [...] Le tribunal peut faire droit à la demande et imposer les conditions qu’il estime justes.
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4,881.
Peter G. White Management Ltd. v. Canada (Minister of Canadian Heritage) - 2004 FC 597 - 2004-04-23
Federal Court Decisions(b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe; [...] 4) Did the Minister breach the principles of natural justice and procedural fairness, including the audi alteram partem rule? [...] It is trite law that the content of the duty of procedural fairness varies with the circumstances of the case.
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4,882.
9103-9438 Québec Inc. v. The Queen - 2004 TCC 466 - 2004-07-06
Tax Court of Canada JudgmentsIn addition to being a means of direct proof, this approach remains a tool that is used a great deal by buyers and sellers since it reflects their own conduct in the market. [...] [19] Mr. Vézina also established a fair market value based on the income approach. [...] Therefore, I am going to concur with the fair market value established by the appellant’s expert and conclude that the fair market value of the building as of July 1, 2002, was $425,000, including taxes.
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4,883.
Ménard v. The Queen - 2009 TCC 363 - 2009-07-13
Tax Court of Canada Judgments[117] The amount equal to 50% of the investment could not reflect the fair market value of the interest at the time of its disposition because the 50% was fixed at the time the interest was acquired. [...] [146] A great deal of evidence was submitted concerning the Minister's conduct and the parties' expectations. [...] [4] A great deal of the evidence is about the incidental arguments and the question of what amounts were actually spent on research.
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4,884.
Temagami First Nation v. Turner - 2009 FC 548 - 2009-05-27
Federal Court DecisionsEven after the election was held no Council of Elders was created to deal with appeals. [...] “...legitimate election appeals being denied without appropriate and fair consideration.” [...] A fair and generous approach should have been given in considering the eligibility of those entitled to sign the petition.
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4,885.
Pfizer Canada Inc. v. Canada (Minister of Health) - 2006 FC 210 - 2006-02-16
Federal Court Decisions[In the '726 Patent] we are not dealing with the same kind of submission at all that a generic company makes. [...] We are not dealing with an Abbreviated New Drug Submission. What we are dealing [...] [...] (3) Sous réserve du paragraphe (4), la personne qui soumet une liste de brevets doit le faire au moment du dépôt de la demande d'avis de conformité.
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4,886.
Barry v. Canada (Public Safety and Emergency Preparedness) - 2021 FC 652 - 2021-06-25
Federal Court Decisions[24] Some of the arguments advanced by Mr. Barry come under procedural fairness. [...] In Vavilov, the Supreme Court did not deal with the standard applicable to allegations of breach of procedural fairness, except to reiterate the factors set out in Baker v Canada (Minister of Citizenship and Immigration), [1999] 2 SCR 817 (at para 77). [...] Procedural fairness is not sacrificed on the altar of deference. B. Reasonableness of the ID’s decision
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4,887.
Drew v. Canada (Attorney General) - 2018 FC 553 - 2018-05-29
Federal Court DecisionsA. Was the Applicant afforded procedural fairness? B. Was the Commission’s decision reasonable? [...] A. Was the Applicant afforded procedural fairness? [23] The Applicant submits that she was not afforded procedural fairness because the investigation was not thorough: the Investigator did not interview an important witness and omitted relevant information. [...] [37] The Applicant was afforded procedural fairness. B. Was the Commission’s decision reasonable?
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4,888.
Sargeant v. Canada (Attorney General) - 2002 FCT 1043 - 2002-10-04
Federal Court DecisionsAn independent arbitrator was appointed to conduct the review and afterwards a case conference was scheduled to deal with preliminary matters. [...] Procedural fairness requires that participants have a meaningful opportunity to present their case fully and fairly. [...] That may well be, but the fairness of the program per se is no longer at issue in this proceeding.
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4,889.
Yu v. Canada - 2018 FCA 68 - 2018-04-04
Federal Court of Appeal Decisions[2] Since the appellant and Yan Siang Yu do not deal with each other at arm’s length, section 160 of the ITA would allow the Minister of National Revenue (Minister) to assess the appellant for the tax liability of Yan Siang Yu if property is transferred to the appellant by Yan Siang Yu and provided that the assessment is [...] A. Procedural Fairness [17] The issue that the appellant raised in relation to the denial of the adjournment request is a question of procedural fairness. [...] Therefore, there is no basis for any claim of a breach of procedural fairness.
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4,890.
Abuzeid v. Canada (Citizenship and Immigration) - 2018 FC 34 - 2018-01-15
Federal Court Decisions[2] Before the RAD, Ms. Abuzeid alleged that she had been denied natural justice and a fair hearing before the RPD due to the incompetent assistance of her counsel. [...] [11] In this case the Court is reviewing a finding of the RAD on the question of counsel competence, not dealing with the issue de novo. [...] [84] It is generally recognized that if an applicant wishes to establish a breach of fairness on this ground, he or she must:
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4,891.
Williams v. Canada (Public Safety and Emergency Preparedness) - 2015 FC 32 - 2015-01-09
Federal Court Decisions[9] On October 7, 2013, the applicant’s counsel was advised by Ms. Hollis that she had transmitted information about the applicant to the Canadian authorities and that, if he wished to obtain that information, he would have to go through the Canadian government because the SLSC does not deal with individuals. [...] He also stated that the Court could not consider that there had been a breach of procedural fairness on the part of the IAD. I do not interpret this latter conclusion as denying jurisdiction to consider a breach of procedural fairness, but rather that the Prothonotary did not find any unfairness in refusing to permit [...] 2. Did the Prothonotary base his decision on an incorrect principle by concluding that he could not consider that there had been a breach of procedural fairness on the part of the IAD in relation to the applicant’s request to admit fresh evidence?
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4,892.
Aljawhiri v. Pharmacy Examining Board of Canada - 2014 FC 309 - 2014-03-31
Federal Court Decisions• PEBC adherence to its own policies is necessary so as to ensure fairness to all candidates seeking certification, and in the interest of public protection; [...] • As a matter of fairness and justice, the prejudice to the Applicant and lack of prejudice to the PEBC justifies proceeding on the merits. [...] [54] As the Federal court has no jurisdiction to hear this matter, I will not determine if I would have granted the extension of time nor will I deal with the merits as I have no jurisdiction to do so.
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4,893.
Xie v. Canada (Citizenship and Immigration) - 2012 FC 1239 - 2012-10-29
Federal Court Decisions4. Did the officer breach the duty of procedural fairness? 5. Did the officer give proper weight to the applicant’s declaration? [...] [12] However, the issue of whether the officer had the obligation to interview the applicant is an issue of procedural fairness that should be assessed on the correctness standard (Bravo v. The Minister of Citizenship and Immigration, 2010 CF 411 at para 9; Huang at para 4). [...] I am of the opinion that a blanket statement of having considered all the evidence does not suffice to meet the burden on the officer as established in Huang and Cao in dealing with a declaration in a work permit application.
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4,894.
Vandifar v. Canada (Citizenship and Immigration) - 2012 FC 433 - 2012-04-16
Federal Court DecisionsHe also writes “As regards the new evidence of the Applicant's activities in Iran the words "vague" and "contradictory" in my view give rise to credibility concerns rather than merely dealing with sufficiency” (see para 62). [...] In the present case, as a result, the Officer breached his duty of procedural fairness. [...] Having determined a breach of the Officer’s duty of procedural fairness, there is no need to look at the other issues.
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4,895.
Cooke v. Canada (Attorney General) - 2009 FC 1161 - 2009-11-17
Federal Court Decisions[7] The applicant received a letter from the respondent dated February 4, 2005 stating that the request for review would be submitted to the fairness package committee. [...] b) des erreurs dans la documentation mise à la disposition du public, ce qui a amené des contribuables à soumettre des déclarations ou à faire des paiements en se fondant sur des renseignements erronés ; [...] The Court notes that we are not dealing here with an event comparable to the examples set out in paragraphs 5(a) and (b) of the Guidelines, such as flood, fire, civil disturbances or disruptions in services.
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4,896.
Lesage v. Canada (Attorney General) - 2009 FC 1162 - 2009-11-17
Federal Court Decisions[7] The applicant received a letter from the respondent dated February 4, 2005 stating that the request for review would be submitted to the fairness package committee. [...] b) des erreurs dans la documentation mise à la disposition du public, ce qui a amené des contribuables à soumettre des déclarations ou à faire des paiements en se fondant sur des renseignements erronés ; [...] The Court notes that we are not dealing here with an event comparable to the examples set out in paragraphs 5(a) and (b) of the Guidelines, such as flood, fire, civil disturbances or disruptions in services.
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4,897.
Dockstader v. Canada (Attorney General) - 2008 FC 886 - 2008-07-18
Federal Court DecisionsThis breached the requirements of procedural fairness which required as a minimum, notice of intention to remove the Applicant from command, disclosure of the information relied on and time to respond. [...] In my view, the first two issues relate to procedural fairness and the third raises questions of law. [...] It focused on whether the Applicant could return as CO of the Squadron but did not deal with what amounted to a permanent refusal to return the Applicant to any active duty with cadets in any location.
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4,898.
Dhaliwal v. Canada (Citizenship and Immigration) - 2007 FC 1051 - 2007-10-15
Federal Court Decisions[11] He then stated that there is not a “great deal of affection” between them. [...] Did the IAD fail to observe the principle of procedural fairness? [20] The applicant submits that there was a breach of procedural fairness because the IAD did not take into consideration the video of her marriage. [...] Consequently, I can not agree with the applicant’s submission of a breach of procedural fairness.
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4,899.
Deraspe v. Canada (Environment) - 2006 FC 1491 - 2006-12-14
Federal Court Decisions[17] With respect to the first remedy, it squarely deals with a hypothetical situation. [...] c) une ordonnance — y compris une ordonnance provisoire — enjoignant au défendeur de faire un acte qui, selon le tribunal, pourrait empêcher la continuation de l’infraction; [...] [...] o) apply and enforce this Act in a fair, predictable and consistent manner;
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4,900.
Cao v. Canada (Minister of Citizenship and Immigration) - 2006 FC 1408 - 2006-11-24
Federal Court Decisions3. Did the immigration officer exercise her discretion reasonably and within the parameters of procedural fairness? [...] [26] A breach of procedural fairness would result in the immigration officer’s decision being vitiated by this Court. [...] [35] Because of my finding on Issue 1, I need not deal with the other issue.