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Ralph v. Canada (Attorney General) - 2009 FC 1274 - 2009-12-11

[22] In my opinion, the present application does not raise any issues of procedural fairness or questions of law.   [...]  (a) The Board will consider only those licensing appeals which deal with policies for vessels less than 19.7m (65’) LOA.   [...]  (i) determining if the appellant was treated fairly in accordance with the Department’s licensing policies, practices and procedures;

Abdeli v. Canada (Minister of Public Safety and Emergency Preparedness) - 2006 FC 1047 - 2006-08-31

Issue No. 1: Did the visa officer breach her duty of procedural fairness by failing to provide   [...]  18. The applicant submits the officer breached procedural fairness by failing to provide adequate reasons.   [...]  [22] In this case, we are dealing with a later case where Parliament has intended that the earlier factual findings of the CRDD must be adopted by the immigration officer.

McKeating v. The Queen - 2004 TCC 99 - 2004-02-24

The Minister, in the Reply, stated no application under the fairness provisions had been made.   [...]  As stated, the Minister has the discretion to do this under the fairness provisions.   [...]  That said, it is acknowledged that it is beyond my jurisdiction to deal with the collection of taxes owing.

Canada (Attorney General) v. Telbani - 2014 FC 1050 - 2014-09-19

I will deal with the last two questions as part of my summary of the principles that will guide me in reviewing the Attorney General’s application, while addressing the role of the amici in the introduction to my remarks.   [...]  The extent and reliability of the information gathered by the Service would be diminished, and its capacity to identify and deal with potential threats would be compromised.   [...]  However, to prevent such measures from being taken for no reason and prevent judges from wrongly ruling that the fairness of the trial would be compromised because he or she is dealing with an incomplete file, Parliament provided a mechanism allowing disclosure of information that could be useful to ensure a fair trial to

Canadian Constitution Foundation v. Canada (Attorney General) - 2022 FC 1232 - 2022-08-26

Declaring a Public Order Emergency, P.C. 2022-0106, SOR/2022-20 (the “Proclamation”), pursuant to s. 17(1) of the Emergencies Act, RSC 1985, c 22 (4th Supp) (the “Act”), declaring that a public order emergency existed throughout Canada which necessitated special temporary measures for dealing with the emergency.   [...]  a) l’objet de la modification est de faire concorder le document avec les questions en litige à l’audience;   [...]  Ultimately, it boils down to a consideration of simple fairness, common sense and the interest that the courts have that justice be done”: Continental Bank at 302.

Hillman v. The Queen - 2018 TCC 122 - 2018-06-29

[6] The Minister’s assessment position is that the Appellant engaged in a “RRSP strip scheme” whereby an amount of funds in her RRSP was used to buy shares in a Canadian corporation which shares were not qualified for RRSP purchase and these shares were not acquired at fair market value and the majority of the supposedly so  [...]  In my view this is enough to conclude that it would not be fair to allow the proposed question to go forward.   [...]  That is not surprising, as typically issues of income tax liability per interpretation of the Act are litigated in this Court while a provincial superior court having criminal jurisdiction would deal with tax matters, as here, through the lens of Criminal Code charges as to tax evasion, fraud and the like.

Sidhu v. Canada (Attorney General) - 2016 FC 891 - 2016-08-02

At that time, the applicant was employed as a lead station attendant dealing with cargo.   [...]  [11] At the opening of the hearing, applicant’s counsel indicated to the Court that the issue of procedural fairness raised in the applicant’s memorandum of fact and law should now be included in the grounds of attack respecting the reasonableness of the impugned decision.   [...]  Be that as it may, it is clear to the Court, after a careful examination of the totality of the record, that the applicant was afforded procedural fairness.

Husian v. Canada (Citizenship and Immigration) - 2016 FC 462 - 2016-04-22

3. Did the RAD breach natural justice or procedural fairness? IV. Standard of Review   [...]  [23] The RAD placed a great deal of importance on the dates when the Applicant and his father had resided in Somalia, yet this was not determinative for the purposes of Article 2 of Somalia’s citizenship law.   [...]  It was seemingly intent to find fault with whatever was presented rather than to take a fair and reasonable view of the material provided.

McCartie v. Canada (National Revenue) - 2015 FC 222 - 2015-02-23

He argues that the CRA does not have the authority to unilaterally register an individual involuntarily for GST and he asserts that this violates natural justice, due process of law and procedural fairness.   [...]  While this ordeal deals with the same GST debt owed by him, the actions taken by the CRA were separate and distinct.   [...]  The compulsion which is without regard for procedural fairness and natural justice is in violation of s. 7 and by way of s. 26 of the Charter and s. 1(a) and 2(e) of the Bill?

Tampopo Garden Ltd v. M.N.R. - 2011 TCC 110 - 2011-02-18

They have determined what was fair in distribution of tips. Not the company or employer.   [...]  [8] The Intervenor’s (Heva Ng) major concern appears to revolve around whether the tip sharing arrangement was fair which has no bearing on the issue.   [...]  Is it fair for the servers & bussers to be under tipped or even not getting any tips after they have strived for excellent service?

Boiko v. Grover - 2009 FC 1291 - 2009-12-18

Extrinsic evidence may be accepted only on issues of jurisdiction or procedural fairness (see e.g. Alberta Wilderness Assn. v. Canada (Minister of Environment), 2009 FC 710, [2009] F.C.J. No. 876 at par. 30).   [...]  Thus the Applicant faults the Commission for not having met with Phil Chodos, an internal investigator for the NRC who was familiar with the Applicant’s allegations and had, according the Applicant, a great deal of relevant evidence.   [...]  In any case, the Commission had no grounds to investigate the matter, and its alleged failure to do so cannot be said to be a breach of its duty of fairness.

Ramos Meneses v. Canada (Citizenship and Immigration) - 2007 FC 179 - 2007-02-16

As was clarified by the Supreme Court of Canada in Canadian Union of Public Employees (C.U.P.E.) v. Ontario (Minister of Labour), 2003 SCC 29, [2003] 1 S.C.R. 539 the pragmatic and functional approach need not be applied to questions of procedural fairness.   [...]  The tribunal did not breach procedural fairness by choosing to indicate that the case turned on the issue of state protection, and by proceeding to focus on and analyze that particular issue in its decision.   [...]  It relied primarily on excerpts from one document dealing with the year 2001.

Charkaoui, Re - 2006 FC 410 - 2006-03-30

(c) the judge shall deal with all matters as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit;   [...]  f) ces renseignements ou éléments de preuve doivent être remis aux ministres et ne peuvent servir de fondement à l'affaire soit si le juge décide qu'ils ne sont pas pertinents ou, l'étant, devraient faire partie du résumé, soit en cas de retrait de la demande;   [...]  g) si le juge décide qu'ils sont pertinents, mais que leur divulgation porterait atteinte à la sécurité nationale ou à celle d'autrui, ils ne peuvent faire partie du résumé, mais peuvent servir de fondement à l'affaire;