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Landry v. Savard - 2011 FC 334 - 2011-03-18

The council is composed of the following people: Raymond Bernard, chief, and the following councillors: Nayan Bernard, Keven Bernard, Christian Trottier and Lucien Millette to deal with ongoing management and administration issues.   [...]  (d) ANY other order that the Court deems appropriate or fair; and (e) the COSTS of the motion.   [...]  The decision by Noël J., made on February 8 in Lower Nicola Indian Band v Joe [2011] FC 147 is very appropriate in the circumstances, particularly when it deals with “irreparable harm”, about which it details at para 20: “Irreparable harm is not qualified as ‘irreparable’ because of the scope or importance of the harm

Logitek Technology Ltd. v. The Queen - 2008 TCC 145 - 2008-03-10

[4] The questions to be decided in the appeal are fairly technical. I will therefore give a very brief summary of my conclusion before I begin.   [...]  [11] By way of background, L’eBiz was developed at the request of the Hudson’s Bay Company to streamline The Bay’s processes in dealing with suppliers.   [...]  It is understandable that this would be a much more efficient way of dealing with a large number of suppliers.

Damiye v. Canada (Minister of Citizenship and Immigration) - 2001-01-23

(...) More deserving of consideration, however, is the appellant's submission that the reviewing judge failed to take into account the overall purpose of the Act, especially Part III which deals extensively with the exclusion and removal of inadmissible persons.   [...]  [12] In the present case, we are not dealing with a probation order but rather an order requiring the applicant to appear before the Court on criminal charges.   [...]  This Court does not have original equitable jurisdiction to decide, generally speaking, whether it is fair or unfair to remove someone from Canada.

Wic Premium Television Ltd. v. General Instrument Corp. - 1999-06-04

It is clear that counsel for USSB and counsel for the plaintiff have very different views on the issue of "fairness" in the way in which the two actions have unfolded.   [...]  It is to be noted that, in addition, if the action is decided against Eli Lilly, the Federal Court will then deal with the question whether or not an NOC should be issued to Novopharm.   [...]  Therefore, the court which may deal more comprehensively with all aspects of the action would be the Trial Division of the Federal Court of Canada.

Li v. Canada (Citizenship and Immigration) - 2015 FC 927 - 2015-07-28

[19] The Respondent submits that there was no breach of procedural fairness.   [...]  Therefore, the hearing was fair and the Board’s conduct did not breach procedural fairness.   [...]  He was obviously absolutely ill-equipped to deal with the issue of the appeal which was decided, apparently without his awareness of it.

Ahmad v. Canada (Citizenship and Immigration) - 2021 FC 214 - 2021-03-10

There is no doubt that the RPD and the RAD owed Mr. Ahmad a duty of fairness, impartiality and independence.   [...]  The manner in which she went about doing so did not violate the Appellant’s right to a fair and unbiased hearing.   [...]  Can such an RPD Board member be said to be neutral, fair and impartial?

Pompey v. Canada (Citizenship and Immigration) - 2016 FC 862 - 2016-07-22

1. Whether procedural fairness was breached in the making of the exclusion order;   [...]  (1) Procedural Fairness [25] The Respondent says that in conducting the interview with the Applicant, the Minister’s Delegate did not breach the principles of procedural fairness.   [...]  Provided it deals with the relevant points in a fair and reasonable way then there is no reviewable error.

Gordon v. Canada - 2023 FCA 12 - 2023-01-20

In some instances, this method involved the creation of a shell corporation and backdated contracts for the SR&ED. Sometimes, the wages of employees allegedly involved in SR&ED work were calculated after the fact according to JAD’s assessment of the fair market value for the labour.   [...]  In particular, the Judge emphasized the competence and fairness of the lead investigator, contrary to the appellants’ assertions otherwise (Judge’s decision at paras. 4, 13-15).   [...]  [16] In conclusion, it is recalled that a trial judge’s findings of fact are owed a great deal of deference.

1395804 Ontario Ltd. (Blacklock's Reporter) v. Canada (Attorney General) - 2016 FC 1400 - 2016-12-21

There is no sound basis for discounting the Defendant’s claim to costs because the outcome turned instead on the issue of fair use.   [...]  Indeed, the fair dealing protection afforded by section 29 of the Copyright Act, RSC, 1985, c C-42, is so obviously applicable to the acknowledged facts of this case that the litigation should never have been commenced let alone carried to trial.

Panopoulos v. Canada (Attorney General) - 2010 FC 877 - 2010-09-07

[18] In cases involving natural justice, the underlying question to be asked and answered is: did the tribunal on the facts of the particular case act fairly toward the person claiming to be aggrieved (Blencoe v. British Columbia (Human Rights Commission), [2000] 2 S.C.R. 307; 2000 SCC 44 at paragraph 105).   [...]  Therefore, I must determine if Human Resources Development Canada acted fairly toward the Applicant.   [...]  [19] In this case, the Applicant had been diagnosed with a psychological condition that could affect her ability to deal with pressing issues such as a specific period of time.

Alessandro v. Canada - 2006 FC 895 - 2006-07-19

c) obliger une personne à faire un paiement, conformément au paragraphe 224(1);   [...]  d) obliger une institution ou une personne visée au paragraphe 224(1.1) à faire un paiement, conformément à ce paragraphe;   [...]  If the liens are interfering with Ms. Alessandro’s ability to deal with her real estate holdings, she has the ability to substitute the security or to negotiate reasonable alternate arrangements with the Agency.

Williams v. Canada (Minister of Citizenship and Immigration) - 2006 FC 576 - 2006-05-09

[14] The applicants further submitted that they were denied procedural fairness as they were not provided an opportunity to respond to the evidence that the officer had regarding Lionel's criminal convictions.   [...]  It was further submitted that the applicants should not be able to argue a breach of procedural fairness, since the applicant, in putting her son's interest into play, should have been aware that his criminal convictions would be considered.   [...]  [22] I need not deal with the remaining issues raised by the applicants.

Shahid v. Canada (Minister of Citizenship and Immigration) - 2004 FC 1607 - 2004-11-17

[13] Counsel for the applicant argues that principles of natural justice include more than issues of procedural fairness.   [...]  In my view, the sole issue on the motion to re-open is whether the applicant received procedural fairness.   [...]  Only the last ground purported to deal with natural justice although, in reality, it just framed the diligence issue in another manner.