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11,315 result(s)

  • 5,051.

    Alcantara Moradel v. Canada (Immigration, Refugees and Citizenship) - 2019 FC 404 - 2019-04-04

    Federal Court Decisions

    [2] The applicants allege that the Officer has breached a number of rules of procedural fairness.   [...]  However, she does not dispute the Officer’s findings regarding her relationship with her brother, and the document in question does not deal with Hondurans removed from North America.   [...]  This has nothing to do with the effective implementation of the rules of procedural fairness.

  • 5,052.

    Duverger v. 2553-4330 Québec Inc. (Aéropro) - 2016 FCA 243 - 2016-10-03

    Federal Court of Appeal Decisions

    Mr. Duverger submits that the referee denied him procedural fairness.   [...]  [42] All these facts and actions show that we are dealing with an individual who is lucid, self-sufficient and in full control of his faculties.   [...]  There was no breach of procedural fairness in this case. IV. Conclusion

  • 5,053.

    Shah v. Canada (Citizenship and Immigration) - 2011 FC 697 - 2011-06-14

    Federal Court Decisions

    [12] The Applicant alleges that the Officer found him lacking in credibility but did not confront the Applicant, thereby depriving him of fair process.   [...]  Procedural fairness is reviewable on a standard of correctness. See Dunsmuir, above; and Khosa, above, at paragraph 43.   [...]  [30] As regards procedural fairness, credibility was not an issue in the Decision.

  • 5,054.

    Julien v. Canada (Citizenship and Immigration) - 2010 FC 351 - 2010-03-31

    Federal Court Decisions

    When dealing with procedural issues, the panel must also consider subsection 162(1) of the Act, which imposes an obligation of celerity.   [...]  The only requirement is that their decisions comply with the rules of fairness and natural justice (Quindiagan v. Canada (Minister of Citizenship and Immigration), 2005 FC 769, 276 F.T.R. 88).   [...]  [35] The applicant also argues that he should not be made to suffer for the procedural defect attributable solely to his counsel and that fairness required that an adjournment be granted.

  • 5,055.

    Denisov v. Canada (Citizenship and Immigration) - 2008 FC 550 - 2008-04-29

    Federal Court Decisions

    28. Did the Visa Officer err by failing in his duty to make an administrative decision in a procedurally fair manner?   [...]  In what follows, I will deal first with the issue of standard of review, secondly with the issue of procedural fairness and thirdly with the remaining three (3) issues identified on behalf of the Applicant all of which, I am satisfied, are issues of the weighing and evaluation of the evidence provided by the Applicant.   [...]  [10] Issues of procedural fairness were not impacted by the Dunsmuir decision.

  • 5,056.

    Sheremet v. Canada (Minister of Citizenship and Immigration) - 2003 FC 987 - 2003-08-15

    Federal Court Decisions

    It is submitted that the visa officer gave the applicant's application a thorough and fair assessment.   [...]  [14] The respondent submits the visa officer did a fair assessment of the applicant's work experience.   [...]  b) ne possède les compétences voulues pour exercer un emploi dans une profession désignée, et ne soit disposé à le faire.

  • 5,057.

    Lin v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 695 - 2002-06-19

    Federal Court Decisions

    [29] The respondent submits that the visa officer did not breach the duty of fairness.   [...]  The respondent submits that content of procedural fairness is fairly relaxed for this type of decision and does not require a high degree of procedural protections such as granting the applicant an interview.   [...]  [38] The Regulations also deal with student authorizations and lay out certain requirements that an applicant for a student authorization must meet.

  • 5,058.

    Nourani v. Canada (Citizenship and Immigration) - 2023 FC 732 - 2023-05-24

    Federal Court Decisions

    [18] However, the standard of review applies differently on procedural fairness issues.   [...]  Its role is to determine whether the process followed by the administrative decision maker was fair and offered the affected parties a right to be heard as well as a full and fair chance to know and respond to the case against them.   [...]  B. Procedural fairness [49] Turning to her procedural fairness argument, Ms. Nourani submits that she was entitled to a meaningful opportunity to respond to the Officer before a final decision was made on her application.

  • 5,059.

    Alameddine v. Canada (Citizenship and Immigration) - 2019 FC 1285 - 2019-10-10

    Federal Court Decisions

    Did the Officer breach Ms. Alameddine’s right to procedural fairness?   [...]  [27] Subsection 25(1) provides a mechanism to deal with exceptional circumstances.   [...]  [29] I find that the Officer committed no breach of procedural fairness as Ms. Alameddine had every opportunity to fully and fairly present her case (Kisana at para 45).

  • 5,060.

    Cadieux v. Amalgamated Transit Union, Local 1415 - 2014 FCA 61 - 2014-03-10

    Federal Court of Appeal Decisions

    The Board has established a protocol for dealing with surreptitiously recorded evidence (see D.H.L. International Express Ltd. (1995), 99 di 126; and 28 CLRBR (2d) 297 (CLRB no.1147)).   [...]  [26] Section 37 of the Code sets out a union’s duty of fair and equitable representation, and it reads as follows:   [...]  Second issue: Did the Board breach its duty of procedural fairness? (a) Refusal to listen to the recordings

  • 5,061.

    Les Produits pour Toitures Fransyl Ltée v. The Queen - 2005 TCC 122 - 2005-03-31

    Tax Court of Canada Judgments

    When dealing with interest expenses, the task can be objectified readily.   [...]  While it may be true, as suggested in Mohammad, that paying fair market value for something is prima facia reasonable, I am unable to agree with the Crown that it necessarily follows that paying more than fair market value is unreasonable.   [...]  [37] Even though section 67 of the Act does not refer to the concept of fair market value, the principles that allow for changes to fair market value and its justification may be relevant in determining whether an expense is reasonable.

  • 5,062.

    McCain Foods Limited v. J.R. Simplot Company - 2019 FC 1635 - 2019-12-18

    Federal Court Decisions

    In light of the conduct of the other parties, how could Simplot know anything else about dealings between McCain and Elea, and whether there was an explicit or implicit licence at this time?   [...]  • The Third Party Claim deals with inducement and indemnity for Canadian patent infringement, and a real and substantial connection in the main action is not disputed; and   [...]  a) l’objet de la modification est de faire concorder le document avec les questions en litige à l’audience;

  • 5,063.

    Sidhu v. Canada (Citizenship and Immigration) - 2023 FC 776 - 2023-06-02

    Federal Court Decisions

    In exceptional cases, however, incompetent representation may give rise to a breach of procedural fairness.   [...]  Fourth, the allegation of a deal is incendiary and made with little evidence.   [...]  [46] With respect to the alleged deal, as far as we can understand from the transcript of the conversation, it was a proposed deal that never materialized.

  • 5,064.

    Rodger v. Canada (Attorney General) - 2013 FCA 222 - 2013-09-19

    Federal Court of Appeal Decisions

    The claimant didn’t have time to put thought into claiming because he started an educational program and was also dealing with housing issues;   [...]  [20] In the context of an application for judicial review of the Umpire’s decision, it is not this Court’s role to deal with the appeal from the Board’s decision de novo.   [...]  This is not one of the rare situations where an exception can be made because, for example, the Court has to determine whether there was a breach of procedural fairness.

  • 5,065.

    Attawapiskat First Nation v. Canada - 2012 FC 146 - 2012-02-03

    Federal Court Decisions

    [17] In August, the AFN’s Housing Manager expressed concern that there were insufficient funds to deal with repairs to the homes (including shacks and tents).   [...]  [28] It is not necessary at this stage of the judicial review application to deal in depth with the various back and forth exchanges and positions adopted.   [...]  [66] The balance of convenience is generally fairly evenly balanced in this situation.

  • 5,066.

    Melanson v. The Queen - 2011 TCC 569 - 2011-10-05

    Tax Court of Canada Judgments

    [15] The second component of the Respondent’s argument deals with the addressing requirement in subsection 166.1(3).   [...]  Here I am dealing with an objection to a determination. It is interesting to note the difference in wording between subsection 165(1) of the Act which deals with an objection to assessment and states the taxpayer “may serve on a Minister a Notice of Objection in writing”, and subsection 165(1.1) of the Act which simply says  [...]  [27] I am sending this back to the Minister to consider the appropriateness of exercising the discretion afforded him by the various provisions of the Act that help ensure reasonable access to a just and fair consideration of a taxpayer’s objections.

  • 5,067.

    Precectaj v. Canada (Citizenship and Immigration) - 2010 FC 485 - 2010-04-30

    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;   [...]  The Albanian government denounces blood feuds but it is unable to deal with them effectively.   [...]  The panel recognizes that the police in Albania may have difficulties in dealing with blood feuds.

  • 5,068.

    Varela v. Canada (Citizenship and Immigration) - 2009 FCA 145 - 2009-05-06

    Federal Court of Appeal Decisions

    [4] Mr. Carrasco Varela brought an application for judicial review of the senior immigration officer's decision on grounds of procedural fairness.   [...]  The Act directs the judge hearing the application for leave to deal with it without delay, and without personal appearance.   [...]  If a question arises on the facts of a case before an applications judge, it is the judge's duty to deal with it.

  • 5,069.

    H.J. Heinz Company of Canada Ltd. v. Canada (Attorney General) - 2006 FCA 378 - 2006-11-17

    Federal Court of Appeal Decisions

    I do not agree with the application judge's conclusion that the Records deal only with Heinz's regulatory strategy.   [...]  [28] Heinz also sought to shelter the Records in question under paragraph 20(1)(c) which deals with records whose disclosure could affect a third party's competitive position.   [...]  4. (1) Sous réserve des autres dispositions de la présente loi mais nonobstant toute autre loi fédérale, ont droit à l'accès aux documents relevant d'une institution fédérale et peuvent se les faire communiquer sur demande :

  • 5,070.

    Assh v. Canada (Attorney General) - 2005 FC 1411 - 2005-10-14

    Federal Court Decisions

    The uncontested evidence is that the Applicant has had no dealings with or contact with Mrs. Orn since 1996.   [...]  It was clearly a directive by Treasury Board as to how departments should deal fairly with their employees.   [...]  Because we are dealing with a testamentary bequest, the amount of the bequest in and of itself is not as significant.

  • 5,071.

    Khan v. Canada (Minister of Citizenship and Immigration) - 2005 FC 787 - 2005-06-01

    Federal Court Decisions

    The Board found, however, that the documentary evidence clearly indicated that Pakistan has been attempting to deal with sectarian terrorist groups such as the SSP for many years.   [...]  On judicial review, the applicant contended that the Board did not fairly deal with the evidence on protection.   [...]  ". The references to the documentary evidence by the applicant showed that there have been problems for Shias, however, the documentary evidence also showed that the Pakistani government has been taking positive steps to deal with the problems.

  • 5,072.

    Latulippe c. M.R.N. - 2004 TCC 567 - 2004-08-19

    Tax Court of Canada Judgments

    17. The Minister determined that the Appellant and the Payor were not dealing with each other at arm's length with respect to this employment.   [...]  [12] All of the witnesses for the Appellant testified as though they were dealing with two large businesses.   [...]  Robert Proulx from Chabot came by fairly often, and I think he must have handled the balance sheets.

  • 5,073.

    Tsuu T'ina First Nation v. Canada - 2004 FC 934 - 2004-06-29

    Federal Court Decisions

    [3] Besides the jurisprudence that deals with amendments to pleadings, the particular context in which these motions to amend have been brought has to be kept in mind.   [...]  [6] The Crown says that the Crown Motion for leave to serve and file an Amended Statement of Defence is intended to determine the real issues of controversy in the action and to allow for a full and fair trial by:   [...]  b) other amendments are required to deal with allegations made in the Crown Motion and the Crown's suggestions that the Band's pleadings lack specificity in some respects.

  • 5,074.

    Sawridge Band v. Canada - 2004 FC 933 - 2004-06-29

    Federal Court Decisions

    [3] Besides the jurisprudence that deals with amendments to pleadings, the particular context in which these motions to amend have been brought has to be kept in mind.   [...]  [6] The Crown says that the Crown Motion for leave to serve and file an Amended Statement of Defence is intended to determine the real issues of controversy in the action and to allow for a full and fair trial by:   [...]  b) other amendments are required to deal with allegations made in the Crown Motion and the Crown's suggestions that the Band's pleadings lack specificity in some respects.

  • 5,075.

    Sandnes v. The Queen - 2004 TCC 244 - 2004-03-25

    Tax Court of Canada Judgments

    The Federal Court of Appeal in The Queen v. Vancouver Art Metal Works Limited[1] confirmed that a trader or dealer applies to "persons who deal in merchandise who are engaged in buying and selling, or whose business is trade or commerce".   [...]  However, he loses such right to elect when he becomes a trader or a dealer, that is to say when he professionally engages in the business of dealing in securities or when his dealings amount to carrying on a business and can no longer be characterized as investor's transactions or mere adventures or concerns in the nature   [...]   comments in Lussier v. The Queen.)[9] The submissions of counsel made it clear that a finding of an adventure in the nature of trade would lead to no agreement as to the consequences which should flow from such a determination, but only to uncertainty and a myriad of complex issues of law, jurisdiction and fairness.