11,315 result(s)
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4,976.
Kaur v. Canada (Citizenship and Immigration) - 2017 FC 1031 - 2017-11-09
Federal Court DecisionsThis 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
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4,977.
Tung v. Canada (Citizenship and Immigration) - 2015 FC 1296 - 2015-11-20
Federal Court DecisionsMs Tung also argued that the Board’s decision on cessation was unreasonable, but I need not deal with that question given my conclusion on the issue of fairness. [...] (5) Si, au moment où l’agent a fixé la date d’une audience en vertu du paragraphe 3(1), il n’avait pas de conseil ou était incapable de transmettre les dates auxquelles son conseil serait disponible pour se présenter à une audience, le demandeur d’asile peut faire une demande pour changer la date ou l’heure de l’audience.
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4,978.
Canada (Citizenship and Immigration) v. Habimana - 2010 FC 16 - 2010-01-06
Federal Court DecisionsThe 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.
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4,979.
Martselos v. Salt River First Nation #195 - 2007 FC 613 - 2007-06-07
Federal Court Decisions2. an Order appointing a Case Management Judge to deal with all matters arising prior to trial or the hearing of this [...] 2. The Respondents breached their duty of procedural fairness owed to the Applicant by failing to give her notice that the meeting of May 7, 2007, where the BCR [Band Council Resolution] was passed could result in her removal from office as Chief, and in failing to give her an adequate opportunity to defend herself; [...] [7] The evidence on the record regarding the procedural fairness issues raised by the Applicant in her underlying application is conflicting.
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4,980.
Beca v. Canada (Minister of Citizenship and Immigration) - 2006 FC 566 - 2006-05-05
Federal Court Decisions[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.
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4,981.
Canada v. Sutcliffe - 2004 FCA 376 - 2004-11-12
Federal Court of Appeal DecisionsAccording to the appellant, it can be plainly seen that the amendment cannot be helpful in determining the real question in controversy in the appeal as the Tax Court does not have jurisdiction to deal with the issue which it raises or provide the relief claimed (The Queen v. Canderel Limited, 93 DTC 5357 at 5360). [...] Lorsqu'un contribuable a signifié un avis d'opposition à une cotisation, prévu à l'article 165, il peut interjeter appel auprès de la Cour canadienne de l'impôt pour faire annuler ou modifier la cotisation: [...] [...] [12] The provisions of the Ontario Income Tax Act are fairly representative of the right of appeal provided for under those statutes:
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4,982.
Bhallu v. Canada (Solicitor General) - 2004 FC 1324 - 2004-10-01
Federal Court Decisions[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.
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4,983.
Wang v. Canada (Minister of Citizenship and Immigration) - 2003 FC 833 - 2003-07-04
Federal Court DecisionsAfter his death, the applicant sought and obtained an extension of her visitor's visa for the purpose of dealing with legal problems in relation to Mr. Mullins' estate. [...] [24] In my view, despite the fact that the parties disagree over what actually transpired during the interview, it still remains that in matters of judicial review, the burden is on the applicant to show that the tribunal has not complied with procedural fairness or has not acted fairly or reasonably (Fehr v. Canada
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4,984.
Scekic v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 120 - 2002-01-31
Federal Court Decisions[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.
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4,985.
Boulianne v. The Queen - 2001-03-19
Tax Court of Canada Judgments(c) a person with whom the person was not dealing at arm's length, the following rules apply: [...] (i) the amount, if any, by which the fair market value of the property at the time it was transferred exceeds the fair market value at that time of the consideration given for the property, and
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4,986.
Ng v. Canada (Minister of Citizenship and Immigration) - 2000-03-07
Federal Court Decisions[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.
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4,987.
Lloyd v. M.N.R. - 1998-04-27
Tax Court of Canada Judgments[4] Division III of the Regulations deals with self-employment assistance. [...] As a matter of administrative fairness, if nothing else, it is wholly unacceptable that the Government of Canada should reverse his qualification under the SEA program subject because he, in good faith and quite innocently, mistakenly claimed and was paid about $900 in unemployment benefits. [...] [17] One thing seems fairly obvious. The real reason for the government’s claim to the $10,000 benefits paid to Mr. Lloyd is that he mistakenly claimed unemployment insurance benefits.
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4,988.
Lun v. Canada (Minister of Citizenship and Immigration) - 1997-12-09
Federal Court Decisions[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.
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4,989.
Techno-Pieux Inc. v. Techno Piles Inc. - 2022 FC 721 - 2022-05-13
Federal Court Decisions[16] The relationship between the parties took a significant turn for the worse in June 2020, when the Plaintiff wrote to Mr. Bergevin to summarize various difficulties that had arisen in their dealings. [...] In support of this position, they state that the Plaintiff sells its products primarily to dealers who deal exclusively in those products. [...] [201] Having regard to the factors set forth in Rule 400, I consider the foregoing proposal to be fair and just in the circumstances.
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4,990.
Lahnalampi v. Canada (Attorney General) - 2014 FC 1136 - 2014-11-26
Federal Court DecisionsThey 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?
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4,991.
Canadian Imperial Bank of Commerce v. The Queen - 2021 TCC 71 - 2021-11-02
Tax Court of Canada JudgmentsSubsection 39(1) deals with capital gains on the disposition of property. [...] However, it is difficult to apply when dealing with the disposition of assets. . . . [...] (i) the fair market value, immediately after the disposition, of the share
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4,992.
Pfizer Canada Inc. v. Canada (Health) - 2007 FC 91 - 2007-01-25
Federal Court DecisionsThe 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.
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4,993.
Canada Post Corporation v. Public Service Alliance of Canada - 2008 FC 223 - 2008-02-21
Federal Court DecisionsOne is dealing with what Professor Sullivan has called a continuing “state of affairs” fact-situation. [...] One is dealing with what Professor Sullivan has called a continuing “state of affairs” fact-situation. [...] A fair hearing is not a continuing process. A fair hearing is one where a party knows the case against it and has an opportunity of addressing that case within a reasonable time.
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4,994.
Beeswax v. Chippewas of the Thames First Nation - 2023 FC 767 - 2023-06-01
Federal Court DecisionsA 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.”
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4,995.
Nambazisa v. Canada (Citizenship and Immigration) - 2023 FC 617 - 2023-04-27
Federal Court DecisionsOn judicial review, they are not assessed like breaches of procedural fairness; rather, they require the reviewing court to apply the standard of reasonableness (Kaudjhis v Canada (Public Safety and Emergency Preparedness), 2020 FC 567 [Kaudjhis] at paras 13–21). [...] Section 5.3 of the document, which deals with the languages of public administration in Rwanda, states the following: “[i]n fact, official trilingualism has remained symbolic, because depending on the province, district or prefecture, documents are written in either French or English” [my translation and my emphasis]. [...] At the very least, the transmission of such a decision to the applicant by the RAD is a significant error that could call into question the procedural fairness of the tribunal and undermine confidence in the administration of justice.
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4,996.
Price v. Canada - 2012 FCA 332 - 2012-12-19
Federal Court of Appeal Decisions[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.
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4,997.
Dow Chemical Company v. Nova Chemicals Corporation - 2012 FC 754 - 2012-10-25
Federal Court DecisionsThis practice is intended to ensure fairness between the parties and to ensure that the Court has evidence from both sides about the tests that are conducted. [...] Consequently, I will not make a decision on this relief at this time, but will retain jurisdiction to deal with it if either of the parties believe that it needs be dealt with. [...] The relief sought by paragraph 2 will be deal with as outlined in paragraph 59.
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4,998.
Masterpiece Inc. v. Alavida Lifestyle Inc. - 2008 FC 1412 - 2008-12-23
Federal Court DecisionsMasterpiece 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
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4,999.
Canada (Attorney General) v. Parent - 2006 FC 1313 - 2006-10-31
Federal Court Decisions[25] The object of subsection 48.9(1) is to empower the Commission to accomplish its task efficiently and effectively, in accordance with the principles of procedural fairness. [...] [47] In the case at bar, the Tribunal’s decision to allow the amendment does not violate the rules of procedural fairness. [...] 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
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5,000.
Myle v. Canada (Minister of Citizenship and Immigration) - 2006 FC 871 - 2006-07-13
Federal Court DecisionsIn 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.