11,317 result(s)
-
5,376.
Dvorianova v. Canada (Minister of Citizenship and Immigration) - 2004 FC 413 - 2004-03-17
Federal Court Decisions[12] In argument, Franklin attempted to deal with the absence of medical evidence as of November 27, 2003 on the basis that on that date she was in pain and no doctor could either confirm or deny her claim to be in pain. [...] [16] The issue in this judicial review is whether the Applicant has established that her immigration consultant's conduct was of such incompetence or negligence as to prejudice her right to a fair hearing. [...] [20] The Supreme Court of Canada established the criteria for the incompetence of counsel being sufficient to deny a fair hearing in R. v. B. (G.D.) [2001] 184 D.L.R. (4th) 577.
-
5,377.
Thavarathinam v. Canada (Minister of Citizenship and Immigration) - 2003 FC 1469 - 2003-12-15
Federal Court DecisionsDid the Member err in law by breaching the principles of natural justice when the Member specifically stipulated that there was only a need for submissions on one matter, and then considered other issues without notice and took notice of matters in a manner not consistent with the principles of fairness? [...] 3. Not only did the Member reject the birth certificate but he also failed to deal with other evidence that clearly corroborated the Applicant's testimony that he was from Kayts in the North. [...] In addition, the procedural fairness issues raised by the Applicant are not answered adequately by the Respondent.
-
5,378.
Carrefour Langelier Inc. v. Canada (Customs and Revenue Agency) - 2003 FC 1403 - 2003-12-01
Federal Court DecisionsGuay and Feher, I am satisfied that this is not a fishing expedition and that the required information is essential to establish the fair market value of the shares owned by Mr. Glassman in Grands Horizons. [...] I share the respondent's view that section 231.2 of the Act is a power to investigate, which is devolved to the Minister and it is not a "proceeding" within the meaning of section 69.3 of the Bankruptcy and Insolvency Act. Once the information is obtained, the respondent will be in a position to establish the fair market [...] [11] I do not agree that we are dealing with an unnamed person in the case at bar.
-
5,379.
Degheidy v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 784 - 2003-06-26
Federal Court DecisionsThe visa officer was not challenged on her evidence that, given the volume of applications she deals with, she would not have recognized Mr. Degheidy by name or by personal features and that she only became aware that she had previously interviewed Mr. Degheidy when she saw her initials on the file. [...] The principles of natural justice and procedural fairness apply to the visa officer's meeting with the applicant. [...] The visa officer must maintain a level of decorum conducive to an open and fair exchange, even in circumstances which must be sometimes difficult and trying.
-
5,380.
Auclair v. Canada (Attorney General) - 2003 FCT 434 - 2003-04-15
Federal Court Decisions. . . (j) without prior authorization, is in possession of, or deals in, an item that is not authorized by a Commissioner's Directive or by a written order of the institutional head . . . [...] The requirement of procedural fairness, as stated in Hendrickson v. Kent Institution (1990), 32 F.T.R. 296, was fully observed. [...] It was held that the nature of the charge was clear to the applicant and he had not been deprived of any procedural fairness or natural justice.
-
5,381.
Hesham v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 404 - 2003-04-07
Federal Court Decisions[6] On his application, Mr. El-Sayed indicated that he was responsible for the technical part of the activities as well as the financial part, such as managing the accounts receivable and dealing with financial institution, and the administration part like supervising the staff, hiring and firing the employees. [...] [11] I also considered the applicant's second argument that a principle of fairness has been breached by the visa officer's refusal to accept after the hearing, more information addressing the visa officer's concerns about the financial aspects of the applicant's companies and his own managing involvement in them. [...] [14] For the above reasons I do not think that the visa officer erred in law, nor did she breach a principle of procedural fairness and that the exercise of her discretion was in accordance with custom and tradition in such circumstances.
-
5,382.
Heydarzadeh v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 629 - 2002-05-31
Federal Court DecisionsThe Applicants argue that the Visa Officer failed to address the bests interests of the Canadian born child, and of their other children, with "a great deal of attention" which, according to the recent [...] [12] The decision of a Visa Officer, when exercising discretion, pursuant to s. 114(2) of the Act, is to be reviewed on a standard of reasonableness, subject always to the requirements of procedural fairness; see Baker, supra. [...] [13] There was nothing on the record in this case to show that there was a breach of procedural fairness in the manner in which the Visa Officer handled the Applicant's application.
-
5,383.
Kang v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 383 - 2002-04-05
Federal Court Decisions[13] The Applicant argues that she was not treated fairly in the manner of which her application for permanent residence was assessed. [...] The failure to do so constitutes a breach of procedural fairness. RESPONDENT'S SUBMISSIONS [...] [20] Item 3 relates to experience and factor 4 deals with occupational factor.
-
5,384.
Canadian Taxpayers Federation v. Benoit - 2001 FCA 71 - 2001-03-16
Federal Court of Appeal DecisionsThe Queen, further says that "a limitation of the Plaintiffs' alleged exemption is justified by the valid legislative objective of providing public funding to finance the many and diverse needs of people in Canada, who include the Plaintiffs, and by public objectives including economic fairness and regional fairness". [...] Alberta, the effect of a judgment affirming such claim would be to amend by necessary implication every federal and Alberta statute dealing with taxes or tax-like charges so as to exempt on racial grounds a particular class of people and impose, on racial grounds, such taxes and charges on the remaining classes of people.
-
5,385.
Conner v. Canada (Attorney General) - 2000-11-01
Federal Court of Appeal Decisionsthe board of referees, nor the Umpire, addressed it as a basis for allowing his appeal, although the Umpire was sufficiently impressed by the applicant's presentation that in his reasons he reminded Commission officials of the high standards of conduct expected of civil servants when dealing with members of the public. [...] [8] Second, Mr. Conner alleged that he was denied a fair hearing of his appeal because he had been told by the Umpire that he need not read at the hearing the 45 pages of material that he had prepared, since the Umpire had already read it. [...] Having examined the transcript, I am satisfied that the applicant was not denied a fair opportunity to present his case as he thought best.
-
5,386.
Charland v. The Queen - 2000-09-28
Tax Court of Canada Judgments[10] The appellant's agent also questioned the procedural fairness of the audit conducted by Employment Insurance officers in respect of Les Entreprises N. Giguère Enr. That business had a policy of recruiting its workers as self-employed individuals. [...] [12] There is not a shadow of a doubt that we are dealing here with a contract of employment and not a contract for services. [...] [15] As for the procedural fairness argument, the appellant's agent submitted that, before reaching an agreement or decision on whether the employment of the business's workers was insurable, the auditor should have met with the workers to find out what their working conditions were.
-
5,387.
Wang v. Canada (Minister of Citizenship and Immigration) - 1999-04-16
Federal Court DecisionsCumulatively, they constitute a denial of procedural fairness and have so tainted the decision-making process that the refusal to issue the visa should be set aside. [...] I shall deal briefly with each of these procedural defects. C. ISSUES AND ANALYSIS [...] [12] Again, it was a breach of the duty of fairness for the visa officer not to show to the applicant the document on which she was relying, so that he might, for example, comment on the accuracy of the translation of the original Chinese document on which it was allegedly based.
-
5,388.
Bérubé v. Canada - 1998-11-06
Federal Court Decisions4. The judgment debtor deals with the suppliers and particularly, as regards the exchange of correspondence, with potential problems, signing security bonds and affidavits (pages 29, 31 and 32 of the examination); [...] [15] WHEREAS it is reasonable and fair to declare and value the services rendered by the judgment debtor to the garnishee at a bimonthly net remuneration of $1,420.62 or more; [...] [18] WHEREAS there is no doubt, given the importance and responsibility of the judgment debtor"s duties, that the net sum of $1,420.62 every two weeks is reasonable and fair;
-
5,389.
Benson Investments Ltd. v. The Queen - 1998-01-06
Tax Court of Canada JudgmentsThe only issue to be decided is the fair market value of real property, on September 1, 1988. [...] The Appellants submit that the property had a fair market value of $620,000 on September 1, 1988 and the Respondent's position is that its value was $350,000. [...] [9] In dealing with highest and best use, I agree with the conclusion of the Respondent's appraiser who wrote the following at pages 26 and 27 of his report:
-
5,390.
Zaman v. Canada (Minister of Citizenship and Immigration) - 1997-05-16
Federal Court DecisionsIn this respect, it differs from many other decisions, e.g. by a visa officer dealing by a sponsored application for landing, where the law establishes criteria which, if met, give rise to certain rights. [...] In a case of perceived contradictions, however, the failure to draw them specifically to the applicant's attention may go to the weight that should later be attached to them but does not affect the fairness of the decision. [...] In my opinion, the evidence reveals that an informed person, viewing the matter realistically and practically and having thought the matter through, would think it more likely than not that the Immigration Officer would decide the matter fairly.
-
5,391.
Taseko Mines Limited v. Canada (Environment) - 2017 FC 1100 - 2017-12-05
Federal Court DecisionsThe Panel was also not satisfied with Taseko’s proposal to deal with mediation steps after it received project approval. [...] (1) Procedural Fairness [55] The parties agree that there was a duty of procedural fairness owed to Taseko in this process. [...] In the present case, the Panel found that the land at issue (particularly Teztan Biny and the surrounding areas), which would be largely destroyed by the Project (i.e. in terms of water quality), holds a great deal of cultural and spiritual significance for the Tsilhqot’in people.
-
5,392.
Tedla v. Canada (Minister of Citizenship and Immigration) - 2000-10-17
Federal Court Decisions[1] Despite the argument of counsel for the applicant, I am unable to conclude that any procedural fairness issues arise here. [...] Nor do the cases cited by the applicant deal with the facts of this case.
-
5,393.
Bredin v. Canada (Attorney General) - 2006 FC 1178 - 2006-10-04
Federal Court DecisionsAfter examining this information, the Commission decided, pursuant to paragraph 41(1) (e) of the Canadian Human Rights Act, not to deal with the complaint because: [...] 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 [...] [56] Here, the Respondent contends that the Commission properly exercised its discretion to refuse to deal with the complaint.
-
5,394.
Markou v. The Queen - 2018 TCC 66 - 2018-04-09
Tax Court of Canada JudgmentsThe amounts that Mackenzie and Cornell agreed to pay for the property was far in excess of the fair market value of the property. [...] [82] I will start by considering cases that deal generally with the principle that under the common law any material benefit received in return for a gift vitiates that gift. [...] (a) the amount of the advantage does not exceed 80% of the fair market value of the transferred property; or
-
5,395.
WIC TV Amalco Inc. v. ITV Technologies, Inc. - 2005 FCA 96 - 2005-03-14
Federal Court of Appeal Decisions[26] The trial judge concluded her reasons by dealing with the appellants' allegation of passing off contrary to section 7 of the Act: [...] a) faire une déclaration fausse ou trompeuse tendant à discréditer l'entreprise, les marchandises ou les services d'un concurrent; [...] c) faire passer d'autres marchandises ou services pour ceux qui sont commandés ou demandés;
-
5,396.
Waquan v. Mikisew Cree First Nation - 2021 FC 1063 - 2021-10-12
Federal Court Decisions[46] Mr. Waquan bears the burden of proving the breach of procedural fairness he alleges. [...] [49] Thus, I conclude that Mr. Waquan has not discharged his burden of proving a breach of procedural fairness. [...] They too were entitled to procedural fairness, which entails a right to be present at the hearing.
-
5,397.
Smith v. Canada (Attorney General) - 2021 FCA 73 - 2021-04-15
Federal Court of Appeal Decisions[19] The appellant submits the “close parallel” between patent unreasonableness and questions of procedural fairness further warrants the correctness standard. [...] In turn, procedural fairness rights are to be considered when choosing the appropriate appellate standard of review. [...] As this case deals with the internal administrative appeal process, Vavilov’s requirement for the term “appeal” to require the appellate standard does not apply.
-
5,398.
Akponah v. Canada (Citizenship and Immigration) - 2017 FC 1103 - 2017-12-05
Federal Court Decisions[17] The standard to review for issues of procedural fairness is correctness: Mission Institution v Khela, 2014 SCC 24 at para 79. [...] D. The procedural fairness requirement to provide notice of a relocation option as a factor in an H&C assessment [...] Accordingly, I find no breach of procedural fairness in not providing the Applicant with an opportunity to address the relocation issue.
-
5,399.
Brauer v. Canada (Attorney General) - 2016 FC 124 - 2016-02-08
Federal Court Decisions[4] Major Brauer’s claim for reimbursement was made under the Canadian Forces Integrated Relocation Program Directive (2009) [CFIRP Directive] and, in particular, Article 8.2.13 dealing with home equity assistance. [...] At the same time, Major Brauer did not, at any point before the hearing of this proceeding, contend that he was denied procedural fairness by the Treasury Board. [...] The fairness of government policy is a valid political concern but it is not, on its own, a basis for the grant of judicial relief.
-
5,400.
Kobrosli v. Canada (Citizenship and Immigration) - 2012 FC 757 - 2012-06-15
Federal Court Decisions2. Did the IAD breach its duty of procedural fairness towards Mr. Kobrosli? [...] 2. Did the IAD breach its duty of procedural fairness towards Mr. Kobrosli? [...] There can be no breaches of the duty of procedural fairness in such cases.