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Kaur v. Canada (Citizenship and Immigration) - 2017 FC 1031 - 2017-11-09

This alleged breach of procedural fairness will be reviewed on a correctness standard.   [...]  In addition, they do not appear in the CTR, and are not referred to on a page entitled “Document submitted by the Client” found on the Immigration, Refugees and Citizenship Canada website dealing with the Applicant’s Restoration Application.   [...]  Accordingly, there was no breach of procedural fairness. Unfortunately, this means that the Officer was not aware that the Applicant had registered with the British Columbia Provincial Nominee Programme [BC-PNP] and was not aware that the Applicant had written a letter of explanation about her travel plans and her ties to

Canada (Citizenship and Immigration) v. Habimana - 2010 FC 16 - 2010-01-06

The claimant’s situation would be aggravated by the fact that he is a Hutu dealing with a Tutsi regime.”   [...]  * * * * * * * * [12] The Minister contends that the panel did not conduct its decision-making process properly and thus violated the requirements of procedural fairness, by stating inadequate reasons and issuing a decision that was incoherent, unintelligible and not based on the evidence.   [...]  [19] Regarding the panel’s conclusion that the respondent was likely not to be treated fairly because of his Hutu origin, I note, as did the Minister, that the panel did conclude that section 96 of the Act did not apply to the respondent, and thus that his nationality was not sufficient ground to make him a refugee.

Beca v. Canada (Minister of Citizenship and Immigration) - 2006 FC 566 - 2006-05-05

[4] The PRRA Officer (Officer) observed that the IRB, in dealing with the applicants' refugee claims, did not find Lumturi Beca's evidence to be credible.   [...]  Whether or not these documents were in the documentation centre they were obviously available on internet and the failure of the Officer to provide them to the applicants is not a denial of fairness.   [...]  The same cases confirm that whether there has been a denial of fairness in this respect is a matter for the application judge to decide.

Bhallu v. Canada (Solicitor General) - 2004 FC 1324 - 2004-10-01

[11] The applicant submits that the same officer processed both his PRRA and H & C applications in the same day, and suggests that the Officer could not have had the time to properly examine all the aspects of his PRRA application and his H & C application and come to a fair decision in the same day.   [...]   must demonstrate that an informed person, viewing the matter realistically and practically, and having thought the matter through, would conclude that it is more likely than not that the decision-maker would not decide fairly (Committee for Justice and Liberty et al. v. National Energy Board et al., [1978] 1 S.C.R. 369).   [...]  She deals with all the evidence presented and comes to reasonable conclusions in both instances.

Scekic v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 120 - 2002-01-31

[7] The applicant submits that the respondent failed to accord the applicant procedural fairness by failing to ensure that both panel members did not fall asleep during the hearing.   [...]  [9] The applicant submits that there was a breach of procedural fairness and natural justice in that counsel representing the claimant was negligent.   [...]  [18] Because of my finding, it is not necessary to deal with the other issues raised by the applicant.

Ng v. Canada (Minister of Citizenship and Immigration) - 2000-03-07

[15] The respondent submits that where the visa officer conducts a proper assessment, gives a fair and adequate consideration to appropriate evidence and reaches a conclusion that is supported in the certified record, there can be no reviewable error.   [...]  [16] We must first deal with the preliminary issue raised by the applicant"s new facts.   [...]  [22] The applicant has not established that the visa officer erred in law or failed to observe a principle of procedural fairness or based her decision on an erroneous finding of facts made in a perverse for capricious manner or in that regard for the material before her.

Lun v. Canada (Minister of Citizenship and Immigration) - 1997-12-09

[5] As a very experienced immigration officer, Ms. Barr has had a number of cases similar to Mr. Lun"s, and from what she has said, I conclude that she approached this case with a fair degree of scepticism.   [...]  I find these are remarkably unfair statements because they do not deal with Mr. Lun as an individual.   [...]  [13] I find that all of these findings taken together do raise abundant concern about the fairness of this hearing, and indeed as I have already said, they are well over the hurdle of picking over details.

Lahnalampi v. Canada (Attorney General) - 2014 FC 1136 - 2014-11-26

They allege that the adjudicator breached the principles of procedural fairness in rendering this decision.   [...]  1. Did the adjudicator breach the principles of procedural fairness?   [...]  A. Did the adjudicator breach the principles of procedural fairness?

Pfizer Canada Inc. v. Canada (Health) - 2007 FC 91 - 2007-01-25

The public is entitled to rely on the words used provided the words used are interpreted fairly and knowledgeably.   [...]  Would that be fair? Q. In the ideal situation where they are perfectly soluble, your statement is correct.   [...]  You get less than perfect results when you deal with the calcium salts.

Beeswax v. Chippewas of the Thames First Nation - 2023 FC 767 - 2023-06-01

A fair and transparent process was established, and an independent investigator was retained.   [...]  Chief and Council of the Chippewas of the Thames First Nation desire to serve the people fairly and efficiently; accordingly.   [...]  • -Section 4.1 states that “...Council will abide by all legal obligations established from time to time in relation to the Council and the First Nation and Council [sic] and all non-First Nation Persons that it deals with.”

Price v. Canada - 2012 FCA 332 - 2012-12-19

[14] The appearance of bias on the part of a judge raises an issue of procedural fairness that is reviewed on a standard of correctness.   [...]  [15] Paragraph 3(a) of the Act sets out the applicable basic rule for computing income for a taxation year, while subsection 5(1) deals with income from an office or employment.   [...]  The appellant’s proposed method is not based on the terms of the collective contract, nor does it ensure any greater fairness in the allocation of the income of Air Canada pilots.

Masterpiece Inc. v. Alavida Lifestyle Inc. - 2008 FC 1412 - 2008-12-23

Masterpiece Inc. maintains that it has been using the word “Masterpiece” in its advertisements, its dealings with suppliers and customers, and in trade-shows since 2001.   [...]  I see no basis, therefore, for Alavida’s challenge to the Court’s jurisdiction to deal with Masterpiece Inc.’s application.   [...]  (2) L’emploi d’une marque de commerce crée de la confusion avec une autre marque de commerce lorsque l’emploi des deux marques de commerce dans la même région serait susceptible de faire conclure que les marchandises liées à ces marques de commerce sont fabriquées, vendues, données à bail ou louées, ou que les services liés

Myle v. Canada (Minister of Citizenship and Immigration) - 2006 FC 871 - 2006-07-13

In the case at bar the contradictions noted deal essentially with incidents involving the escape (for example, the persons who were in the jeep at the time) and the confusion could be explained by the trauma caused by the rapes.   [...]  In addition to dealing with this obvious reviewable error requiring a redetermination of Ms. Griffith's application, to ensure a full and fair rehearing of her application, and, indeed, that of other women in her situation, I find it necessary to make an observation about the failure of the CRDD to adequately take into   [...]  Therefore, the Gender Guidelines suggest that to assess the actions of a woman subjected to domestic violence, special knowledge is an essential tool to use in reaching a fair and correct judgment.