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Genpharm Inc. v. Procter & Gamble Pharmaceuticals Canada Inc. - 2003 FCA 467 - 2003-12-03

It may also be that fairness considerations could counsel the exercise of discretion.   [...]  [31] In the circumstances of this case, we are not dealing with tainted proceedings or the unavailability of relevant evidence in the first proceeding.   [...]  It inevitably calls upon the exercise of a judicial discretion to achieve fairness according to the circumstances of each case.

Lafrenière v. Canada (Director General Canadian Forces Grievance Authority) - 2016 FC 767 - 2016-07-07

[32] Regarding procedural fairness, the FA essentially finds that the Committee erred in its assessment of the content of the duty of fairness to Mr. Lafrenière.   [...]  b) The FA erred in its assessment of the content of the duty of procedural fairness.   [...]  29.11 The Chief of the Defence Staff is the final authority in the grievance process and shall deal with all matters as informally and expeditiously as the circumstances and the considerations of fairness permit.

Brown v. Canada (Attorney General) - 1998-04-08

[8] Several sections of the Canadian Forces Administrative Orders are relevant, however I will deal with them in their appropriate contexts.   [...]  The decision under review was accordingly set aside by reason of breach of procedural fairness.   [...]  By necessary implication the military tribunals in the chain of command, dealing with grievances, must be able to deal with essential questions of law.

Whitford v. Red Pheasant First Nation - 2022 FC 436 - 2022-03-30

[Court Comment: Where applicable these Reasons deal with these matters.   [...]  Court Comment: I will deal with ballot-by-ballot issues later in these reasons.   [...]  Court Comment: I will deal with ballot-by-ballot issues later in these Reasons.

Howe v. The Queen - 2004 TCC 719 - 2004-10-29

A. I really had no idea and I don't -- I think it was impossible to know because it depended whatever the valuation report was going to determine the fair market value at that particular time, so you knew it was the less of the $1,080 or the fair market value but that fair market value could have been greater or lesser and   [...]  First of all, we were dealing with a junior start-up company which inherently has a lot of risks.   [...]  ... The principals of Vidatron knew that the fair market value would come out to a number greater than $1,080.

Nmoye v. Canada (Immigration, Refugees and Citizenship) - 2022 FC 533 - 2022-04-13

Section 25 of the IRPA is intended to give the Minister some flexibility to deal with extraordinary situations.   [...]  [14] The Applicants argue that the Officer’s assessment of the best interest of the children amounts to a breach of procedural fairness, which would be reviewable on a standard of correctness.   [...]  [17] The Applicants argue that the Officer failed i) to conduct more than a “basic needs analysis”, ii) to explicitly identify a child’s interests and examine them with a great deal of attention in light of all the evidence, and iii) to give the children’s best interest substantial weight.

Zarifi v. Canada (Citizenship and Immigration) - 2019 FC 1207 - 2019-10-10

One deals with the quality of the evidence (whether it is to be believed), whereas the other deals with the quantity of evidence (whether there is enough of it to meet the threshold requirement of balance of probabilities).   [...]  [22] Accordingly, in my view, in failing to grant the Applicant’s request for an oral hearing, there was no breach of the duty of procedural fairness owed to the Applicant.

Nanka v. Canada (Attorney General) - 2018 FC 959 - 2018-09-27

[7] While I agree that Ms Nanka reasonably believed that Service Canada would be notified of her change of marital status through her income tax returns, I cannot conclude that the Appeal Division committed any reviewable error when it found that neither the General Division nor the Appeal Division had jurisdiction to deal   [...]  [15] It follows that there was nothing unreasonable about the Appeal Division’s conclusion that neither the General Division nor the Appeal Division had jurisdiction to deal with Ms Nanka’s appeal and that her appeal should be summarily dismissed.   [...]  (4) Malgré les paragraphes (1), (2) et (3), le ministre peut, sauf dans les cas où le débiteur a été condamné, aux termes d’une disposition de la présente loi ou du Code criminel, pour avoir obtenu la prestation illégalement, faire remise de tout ou partie des montants versés indûment ou en excédent, s’il est convaincu :

McCarthy v. The Queen - 2016 TCC 86 - 2016-04-11

I am tempted to compare the sophomoric arguments advanced to those one might expect to hear in a high school civics or Canadian law class, or to hear amongst young adults at a family dinner table, but I am not sure that would be entirely fair to Canadian high school students or family dinner times.   [...]  26 Most of the cases dealing with awarding costs personally against a solicitor are concerned that lawyers not be deterred from pursuing unpopular causes or taking positions that are novel and untested.   [...]  28 This is not a case such as Jurchison, 2000 DTC 1660 where, to paraphrase Justice Bowie, counsel’s behaviour merely did not rise to the level of civility which at one time did, and still should, characterize the way in which members of the bar conduct their dealings with one another.

Courchene v. Sagkeeng First Nation - 2014 FC 990 - 2014-10-16

[1] The applicants seek to overturn a decision of the Chief and Council of the Sagkeeng First Nation to hold a second vote of its membership on an important draft law, namely, the Sagkeeng 2014 Hydro Accord Law. If passed, the law would implement an agreement between the First Nation and Hydro Manitoba dealing with   [...]  [7] The First Nation and Manitoba Hydro entered into a 10-year agreement in 1997 dealing with the impact of a number of generating stations.   [...]  [21] Further, the Process Law says nothing about what should be done where a vote on a draft law is contested, or where there are concerns about fairness or the reliability of the results.

Cameco Corporation v. Ship "MCP Altona" - 2012 FC 324 - 2012-03-19

[1] The saga of the MCP Altona’s disastrous last voyage has generated a great deal of activity in this Court with just about each and every party in this action, and in other actions, pointing the finger of blame at someone else.   [...]  [8] Were it not for the intervening bankruptcy, the arrangements between the parties were fairly common and enforceable.   [...]  The trustee, a Hamburg lawyer by the name of Burkhardt Reimer, has been very cautious in his dealings with this court.

Laperrière v. D. & A. MacLeod Company Ltd. - 2010 FCA 84 - 2010-03-24

The delegate’s sanction hearing will likely take place and conclude before this Court deals with the appeal concerning the group of three.   [...]  It may be possible for the delegate to hold two sanction hearings dealing with the two groups of contraventions without reference to each other.   [...]  Parliament has instructed the delegate to act as expeditiously as the circumstances and fairness permit: Act, subsection 14.02(2).

Irshad v. Canada (Minister of Citizenship and Immigration) - 2005 FC 763 - 2005-05-30

[10] In addition to the testimony of Mr. Irshad and Ms. Atif, the following documentary evidence was submitted to the Board: the applicants' Personal Information Forms (PIFs), personal documents such as passports, certificates and diplomas, and documents dealing with current socio-political conditions in Pakistan.   [...]  The applicants argue that the Board's decision deals with their applications as one whole, instead of considering the merits of each application or its specific circumstances.   [...]  In summary, I conclude that the rules of natural justice and procedural fairness were respected in this case, and that the allegation of partiality raised by the applicants is not based on the evidence in the record.