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11,316 result(s)

  • 5,276.

    Groupe Maison Candiac Inc. v. Canada (Attorney General) - 2020 FCA 88 - 2020-05-15

    Federal Court of Appeal Decisions

    As a result, it will not be necessary for me to deal with it extensively in these reasons.   [...]  (2) Le ministre compétent est tenu de faire la recommandation s’il estime que l’espèce est exposée à des menaces imminentes pour sa survie ou son rétablissement.   [...]  (3) Avant de faire la recommandation, il consulte tout autre ministre compétent.

  • 5,277.

    ExxonMobil Canada Ltd. v. Canada - 2010 FCA 1 - 2010-01-05

    Federal Court of Appeal Decisions

    [16] The Tax Court Judge then rejects the appellants’ contention that section 174, which deals specifically with allowances, is dispositive.   [...]  Section 170 deals with ITCs that may be claimed with respect to benefits in kind provided to employees and section 174 deals with ITCs that may be claimed with respect to allowances paid to employees.   [...]  [54] Section 174 deals with payments which come within the legally accepted meaning of the word “allowance”.

  • 5,278.

    Bouchra v. Canada (Citizenship and Immigration) - 2020 FC 1063 - 2020-11-17

    Federal Court Decisions

    [22] We will begin with the argument of breach of procedural fairness.   [...]  I believe it therefore calls for a greater measure of procedural fairness.   [...]  This has become known as the “fairness letter” in the jargon of the trade.

  • 5,279.

    Standinghorn v. Atcheynum - 2007 FC 1137 - 2007-11-02

    Federal Court Decisions

    CUPE directs a court, when reviewing a decision challenged on the ground of procedural fairness, to isolate any act or omission relevant to procedural fairness (at para.100).   [...]  Procedural fairness and the appearance of bias. [38] The applicants in this proceeding allege bias and a lack of procedural fairness on the part of the Tribunal majority in conducting the hearing.   [...]  [49] With regard to the decision to reverse the ruling on the deposit issue, as a general rule once a tribunal has reached a decision that it lacks jurisdiction to hear an application it no longer has authority to deal with that matter.

  • 5,280.

    Pfizer Canada Inc. v. Teva Canada Limited - 2016 FCA 161 - 2016-05-31

    Federal Court of Appeal Decisions

    [70] It is true that the Federal Court did not offer a great deal on the proper principles to be applied concerning the availability of s. 8 damages.   [...]  If the evidence is not admissible, it is not before the court in any way and, thus, the court cannot deal with it in any way.   [...]  In a high-stakes case such as this, that was hardly any sort of meaningful or fair test.

  • 5,281.

    Boychyn v. Canada (Royal Mounted Police) - 2018 FC 1185 - 2018-11-27

    Federal Court Decisions

    Finally, Sgt Gagné expresses the view that the RCMP showed a good deal of flexibility and compassion in this case, demonstrating its intent to hire the Applicant if and when he met the medical requirements.   [...]  • Did the Commission breach its duty of fairness by failing to conduct a thorough and neutral investigation?   [...]  A. Did the Commission breach its duty of fairness by failing to conduct a thorough and neutral investigation?

  • 5,282.

    Lemelin v. Canada (Attorney General) - 2018 FC 286 - 2018-03-12

    Federal Court Decisions

    The supervisor found that Ms. Lemelin required a great deal of supervision.   [...]  Was there a violation of the rules of procedural fairness? B. Did the PSC err in accepting the investigation report and concluding that the applicant had committed fraud?   [...]  This approach is consistent with the case law and satisfies the principles of procedural fairness that apply in this type of situation.

  • 5,283.

    Charles v. Canada (Attorney General) - 2017 FC 435 - 2017-05-02

    Federal Court Decisions

    (i) is in possession of, or deals in, contraband; i) est en possession d’un objet interdit ou en fait le trafic;   [...]  That violates the procedural fairness of the proceeding. A. Procedural fairness   [...]  3. There is an overall duty to act fairly by ensuring that the inquiry is carried out in a fair manner and with due regard to natural justice.

  • 5,284.

    Ouellet v. Canada (Attorney General) - 2006 FC 1541 - 2006-12-21

    Federal Court Decisions

    [29] It is also settled law that the Commission must act fairly in handling the complaints it receives.   [...]  The failure to question one or several key witnesses who would have had a fundamental impact on the resolution of the initial complaint and the failure to deal with an important aspect of that complaint were considered by this Court and by the Federal Court of Appeal as being breaches of the duty of procedural fairness:   [...]  Accordingly, the Commission had all the information it needed to make a fair and enlightened decision in the circumstances.

  • 5,285.

    Baker Petrolite Corp. ET AL v. Canwell Enviro Industries Ltd. - 2001 FCT 889 - 2001-08-15

    Federal Court Decisions

    We met on a fairly regular basis. We discussed problems that were coming up and operational items.   [...]  quality of a special character that can fairly be said to be peculiar to the selected group.   [...]  It is important that the patent system be fair as well as predictable in its operation.

  • 5,286.

    Nunatsiavut v. Canada (Attorney General) - 2015 FC 492 - 2015-04-17

    Federal Court Decisions

    Consultation can be shaped by agreement of the parties, but the Crown cannot contract out of its duty of honourable dealing with Aboriginal people.   [...]  (c) full and fair consideration by the Person obliged to consult of any views presented;   [...]  The process leading up to the issuance of the Authorization was comprehensive and fair.

  • 5,287.

    Bauer Hockey Ltd. v. Sport Maska Inc. (CCM Hockey) - 2020 FC 624 - 2020-05-15

    Federal Court Decisions

    [31] Dealing with these issues at the outset ensures consistency in the analysis.   [...]  This is not fair to the inventor nor to the public: Consolboard, at 520.   [...]  As I agree with CCM’s interpretation, it is not strictly necessary to deal with this issue.

  • 5,288.

    Astrazeneca AB v. Apotex Inc. - 2007 FC 688 - 2007-06-28

    Federal Court Decisions

    invalid on the grounds of anticipation and obviousness it is unnecessary to deal with several additional allegations of invalidity raised by Apotex.   [...]  It is, accordingly, necessary to deal with this issue before dealing with the substantive issues of non-infringement and invalidity.   [...]  (b) Adherence to the language of the claims in turn promotes both fairness and predictability.

  • 5,289.

    Canada v. Benoit - 2003 FCA 236 - 2003-06-11

    Federal Court of Appeal Decisions

    Later on in these Reasons, I will be dealing more fully with Mr. Willier's evidence.   [...]  In my opinion, a fair reading in context of his statement does not support this interpretation.   [...]  [92] A fair reading of Mr. Willier's trial testimony cannot, with respect, lead to the conclusion reached by the Trial Judge.

  • 5,290.

    Lv v. Canada (Citizenship and Immigration) - 2018 FC 935 - 2018-09-19

    Federal Court Decisions

    The Officer fulfilled her duty to act fairly towards Mr. Lv at all steps of the process, and no breach of procedural fairness occurred here.   [...]  A. The required degree of procedural fairness [21] Whether a decision is procedurally fair must be determined on a case-by-case basis.   [...]  Furthermore, in all respects, the Officer met all procedural fairness requirements in dealing with Mr. Lv’s application.

  • 5,291.

    Grey v. Whitefish Lake First Nation - 2020 FC 949 - 2020-10-02

    Federal Court Decisions

    This states that Mr. Jarisz, as the Arbitrator, would like to set the first appeal date for April 30th, to hear any other appeals on the following consecutive days and to allocate one day to deal with each appeal.   [...]  The Federal Court of Appeal found no breach of procedural fairness in the manner in which the Tribunal proceeded.   [...]  In that regard, s 16.2 of the WLFN Election Regulations deals with notice of appeal and the duties of the Electoral Officer and the Arbitrator:

  • 5,292.

    Calandrini v. Canada (Attorney General) - 2018 FC 52 - 2018-01-19

    Federal Court Decisions

    Both parties had been given a fair chance to be heard, to receive full disclosure of materials, and sufficient time to respond.   [...]  Thus Justice Mactavish did not consider it necessary to deal with it.   [...]  [91] The delay in dealing with the review was not excessive considering the history of the matter and the length of time it took to complete the initial investigation, arrange the conduct meeting and reach a decision.

  • 5,293.

    Irving Shipbuilding Inc. v. Canada (Attorney General) - 2009 FCA 116 - 2009-04-16

    Federal Court of Appeal Decisions

    [6] In my view, the appellants have failed to establish that PWGSC owed them a duty of fairness.   [...]  When Weir was awarded the contract to manage NETE in 1999, it undertook to take steps to ensure that it would not gain any real or perceived unfair competitive advantage in its other dealings with DND as a result of its management of NETE.   [...]  If they do not have a right to procedural fairness, that should normally conclude the matter.

  • 5,294.

    Wang v. Canada (Citizenship and Immigration) - 2023 FC 62 - 2023-01-16

    Federal Court Decisions

    The Officer sent her a procedural fairness letter outlining this concern.   [...]  [8] The Officer reviewed the response to the procedural fairness letter.   [...]  [20] The Applicant submits that it is important for officers to use discretion when dealing with misrepresentations (Sohrabi v Canada (Citizenship and Immigration), 2012 FC 501 at para 18).

  • 5,295.

    Chen v. Canada (Public Safety and Emergency Preparedness) - 2020 FC 425 - 2020-03-27

    Federal Court Decisions

    No deference is owed to the decision maker on issues of procedural fairness.   [...]  [41] The doctrine of legitimate expectations is part of the rules of procedural fairness.   [...]  Furthermore, in all respects, the Officer met all procedural fairness requirements in dealing with Ms. Chen’s application.

  • 5,296.

    P & S Holdings Ltd. v. Canada - 2015 FC 1331 - 2015-12-01

    Federal Court Decisions

    On the other hand, if the applicants do not have a right to procedural fairness, that would be the end of the matter: Irving Shipbuilding, above at para. 28.   [...]  Citing the Supreme Court’s decision in Kane v. University of British Columbia, [1980] 1 S.C.R. 1105, 110 D.L.R. (3d) 311, the applicants argue that either express statutory language is required to abrogate the common‑law rules of procedural fairness, or that an entitlement to procedural fairness has been ousted by necessary  [...]  In the absence of any such ouster, the applicants say that the common‑law rules of procedural fairness apply by default.

  • 5,297.

    Allard c. Canada (Citizenship and Immigration) - 2012 FC 1268 - 2012-10-30

    Federal Court Decisions

    The opportunity to update one’s application is required by the duty of fairness.   [...]  [50] This approach was recently applied by this Court in a decision dealing with similar country conditions evidence (see Millette v Canada (Minister of Citizenship and Immigration), 2012 FC 542 at paragraph 39, [2012] FCJ No 564):   [...]  As they have not, I do not find the officer violated procedural fairness.

  • 5,298.

    Xwave Solutions Inc. v. Public Works & Government Services Canada - 2003 FCA 301 - 2003-07-09

    Federal Court of Appeal Decisions

    [12] This provision reflects the common law in that the duty of fairness does not always require an administrative decision-maker to hold an oral hearing in order to be procedurally fair: Nicholson v. Haldimand-Norfolk Regional Board of Police Commissioners, [1979] 1 S.C.R. 311 at 328.   [...]  Similarly, since Parliament is presumed not to authorize agencies to breach the duty of fairness, a refusal by the Tribunal to hold an oral hearing when fairness so requires would be an abuse of its discretion under subsection 30.13(1).   [...]  After all, as I indicated when dealing with the oral hearing issue, xwave had access to information that was relevant to DND’s knowledge.

  • 5,299.

    Pankiw v. Canada (Human Rights Commission) - 2006 FC 1544 - 2006-12-21

    Federal Court Decisions

    1. The Board of Internal Economy of the House of Commons (the Board) had exclusive jurisdiction to deal with the complaints on the basis of section 50 and following of the PCA;   [...]  [26] I deal with each of the Tribunal’s findings separately. (a) Exclusive jurisdiction of the Board   [...]  Certain By-laws made by the Board are set out in Appendix C and the Members’ Service Manual statements dealing with householders are at Appendix D.

  • 5,300.

    Strickland v. Canada (Attorney General) - 2013 FC 475 - 2013-05-06

    Federal Court Decisions

    [12] Dealing, first, with the Federal Court’s jurisdiction, sections 18 and 18.1 of the Federal Courts Act, RSC 1985, c F-7 [FCA] have been interpreted broadly to include jurisdiction over the review of subordinate legislation in cases such as the present.   [...]  The Federal Courts Act does not, by clear and direct statutory language, oust the jurisdiction of the provincial superior courts to deal with these common law and equitable claims, including the potential “unlawfulness” of government orders.   [...]  Where “the interests underlying the rule are not served by adherence to it” (R v Domm (1996), 31 OR (3d) 540 (CA)) or whether the fair administration of justice will not be harmed by the arguably duplicative proceeding, an exception to the doctrines may be appropriate (Shams v MacDonald (2008), 174 ACWS (3d) 1026, [2009] OJ