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Rana v. Canada (Public Safety and Emergency Preparedness) - 2018 FC 1080 - 2018-10-29

Some consider this the first free and fair election in Bangladesh. The BNP supported a constitutional amendment to revive parliamentary democracy.   [...]  In the Court’s view, this common understanding made the term “terrorism” in the Immigration Act “sufficiently certain to be workable, fair and constitutional” (ibid.).   [...]  Suresh refers to the targeting of civilians but the understanding of terrorism set out there includes a great deal more.

Canada (Attorney General) v. Roy - 2006 FC 1387 - 2006-11-17

As far as the trustee’s fees and disbursements are concerned, we leave everything to the Court, which will award you fair and reasonable compensation according to the circumstances.   [...]  All that remains to deal with is the alleged offence under section 152 of the Act.   [...]  117. (1) Le syndic peut convoquer une assemblée des inspecteurs lorsqu’il l’estime utile, et il doit le faire lorsque la majorité des inspecteurs l’en requiert par écrit.

Moore v. The Queen - 2019 TCC 141 - 2019-06-26

That was also the first year that shares’ aggregate fair market value exceeded $100,000 as well; they have dropped below that at this time.   [...]  It could certainly be better named Foreign Investments if it deals with both income earned offshore and assets situated offshore.   [...]  [24] I cannot imagine why in a case such as this the CRA would prefer to have Mr. Moore appeal to this Court, lose, and then go back to CRA’s Fairness Review program armed with my comments.

Richi v. Canada (Citizenship and Immigration) - 2013 FC 212 - 2013-03-01

This concept relates to procedural fairness. It may well be that a decision-maker gets it wrong.   [...]  This has nothing to do with fairness. The Minister put it right by consenting to Mr. Richi’s appeal.   [...]  [15] This interpretation is borne out by section 11 of the Act which deals with applications for resumption of citizenship.

Roy v. Canada (Attorney General) - 2012 FC 78 - 2012-01-19

c. Did the NPB and the Appeal Division respect the applicable principles of procedural fairness?   [...]  The Assessment for Decision also adds to the portrait of Mr. Roy: CSC states that he does not accept responsibility for his actions, nor acknowledge the existence of any victims other than himself, and has been resistant to dealing with his problems.   [...]  [13] For the reasons set out in the respondent’s memorandum of fact and law, I agree that the applicable principles of procedural fairness were respected.

Leeman v. The Queen - 2010 TCC 217 - 2010-04-22

It is not necessary that I deal with this part of the motion because the appellant confirmed at the hearing that the notice of appeal was not intended to encompass the 2006 taxation year.   [...]  [13] The respondent submits that the letter dated May 17, 2006 was not a notice of objection but was a request for interest relief under fairness legislation.   [...]  [15] I am not satisfied from the evidence that this letter was intended as a notice of objection within the meaning of section 165 of the Act. There is not sufficient evidence that the letter was a request to review the income inclusion of the tuition benefit as opposed to a request for a waiver of interest under fairness

Sinnarajah v. Canada (Public Safety and Emergency Preparedness) - 2007 FC 895 - 2007-09-10

She also noted the documents provided by counsel were country and travel reports that deal with the instability and the human rights situations in Sri Lanka.   [...]  First, there was new information available in the documentation recently provided and second, the applicant was denied procedural fairness in not being able to respond to the advice provided by Immigration Medical Services that medication and medical treatment is available in Sri Lanka for epilepsy, confirmation of which   [...]  It is also trite law the content of procedural fairness is variable. I took into account the fact of his epilepsy had been previously canvassed and the fact the Enforcement Officer relied on the expert advice of Immigration Medical Services was corroborated.

South Yukon Forest Corporation v. Canada - 2005 FC 670 - 2005-05-11

As Wilkins J. stated in Royal Bank v. Kilmer, [1994] O.J. No. 1476, supra, fairness and justice are the dominant consideration.   [...]  [5] As to the economic circumstances of the Plaintiff, Madam Justice Heneghan found, in her reasons and order of 23 November 2004 in this matter, dealing with security for costs from the Plaintiff, at paragraph 16, that the Plaintiff had substantial debts and insufficient exigible assets to pay costs.   [...]  [6] The Defendant points out that the case, as pleaded to date, is fairly complex, involving negligence, negligent misrepresentation, breach of duty of care, breach of fiduciary duty, abuse of public office, liability in contact, malice and an intent to cause harm on the part of the Crown and the allegation that as a result

Delfinado v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 1260 - 2001-11-14

[2] The issues are: 1) whether the officer erred by failing to comply with a direction of the Court in a previous judicial review in this matter to base the redetermination on the applicant's primary role as caregiver and 2) whether the officer breached procedural fairness by drawing adverse inferences from the evidence   [...]  While considering the Memorandum of Fact and Law, no 15 deals with just this issue of subject's ill mother who requires subject for emotional and financial support.   [...]  [10] The second issue raises an equally difficult problem and that is whether the officer provided fairness to the applicant in giving the applicant an opportunity to respond to her concerns.

Shuqing v. Canada (Minister of Citizenship and Immigration) - 1999-08-16

(b) Did the visa officer breach his duty of fairness toward the applicant by not allowing him an opportunity to peruse and respond to the negative aspects of his application or in any other way?   [...]  He claims that a visa officer is not precluded from considering, from a different perspective, the subject matter dealt with elsewhere in Schedule 1 of the Immigration Regulations , when dealing with the issue of personal suitability.   [...]  [19] Both parties agree that to succeed in a review under section 18.1 of the Federal Court Act, the applicant must show that there was either an error in law on the part of the visa officer which is apparent on the face of the record, or a breach of the duty of fairness appropriate to this administrative assessment.

Bressette v. Kettle and Stony Point First Nations Band Council - 1997-08-29

At the close of oral argument, I instructed counsel to prepare a draft Order to deal with issues consented to by the parties and such Order was issued on June 30, 1997.   [...]  It was meant to allow a full and fair investigation without penalizing constable Bressette.   [...]  22. Council has made every effort to remain fair and not act prematurely.

Western Warieties Wholesale (1994) Ltd. v. M.N.R. - 2003 TCC 817 - 2003-11-17

[10] Kemal would start his days at 6:30 a.m., as often he would be dealing with Eastern Canada.   [...]  [24] Lila drew the same wage as her brothers, as according to her, they wanted to be fair to one another.   [...]  The answer is not more appeals officers spending a great deal more time.

Mariano v. The Queen - 2016 TCC 161 - 2016-08-13

One might fairly ask how the expectation of the parties is to be found out as part of the costs process.   [...]  The motion materials were voluminous and included several affidavits, book of authorities and the requirement to deal with multiple issues.   [...]  As mentioned earlier, the Court has no jurisdiction to deal with such objectors whose affairs are confidential and who clearly had no ability to influence the lead appeals nor to involve themselves in the administrative dealings of the Minister in making such offers or agreements.