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Walls v. Canada (Attorney General) - 2022 FCA 47 - 2022-03-22

• 1) Whether the General Division erred by failing to provide Mr. Walls with a fair process;   [...]  The Appeal Division explained that what fairness requires in each case depends on various factors, including the right to be heard, the need for Tribunal members to be masters of their proceedings and to balance informality, speed, and fairness.   [...]  • Dealing with a house insurance claim, resulting in him losing $6000;

Gulamsakhi v. Canada (Citizenship and Immigration) - 2015 FC 105 - 2015-01-27

[16] The RPD’s refusal to grant an adjournment to allow the Applicant to obtain further identity documentation is a question of procedural fairness.   [...]  Normally, questions of procedural fairness are reviewed with no deference: Canada (Minister of Citizenship and Immigration) v Khosa, 2009 SCC 12 at paras 45-56; Dunsmuir at para 60.   [...]  While Justice Pelletier in Wagg does state that “the decision as to whether to grant an adjournment is a discretionary decision”, he follows that by saying that it “must be made fairly” (at para 19).

Boissonneault Groupe Immobilier Inc. v. The Queen - 2012 TCC 362 - 2012-10-16

[13] Following the building’s construction, the appellant self-assessed itself on the building’s fair market value and also applied for a GST rebate for land and buildings leased for residential purposes.   [...]  [43] When asked to explain how and why an eleven-month lease was still a possibility beyond the first year, counsel stated that it was a question of fairness and justice.   [...]  The answer is not useful except to say that the fairness and justice argument is not particularly persuasive and is somewhat simplistic.

Kok v. Canada (Minister of Citizenship and Immigration) - 2005 FC 77 - 2005-01-19

(d) did the Delegate breach his duty of fairness to the Applicant? Arguments   [...]  Duty of Fairness [35] The Applicant finally submits that the Delegate breached his duty of fairness by relying on, but not referring to, the Immigration Adjudicator's findings.   [...]  He claims that the Delegate breached his duty of fairness by "his complete disregard of the Applicant's evidence without reasonable explanation."

Damaskin v. Canada (Minister of Citizenship and Immigration) - 1999-07-02

I deal with these in turn. Concerns about procedural fairness [16] For the applicant it is urged that the duty of procedural fairness owed by the visa officer was breached by her failure to advise him at the conclusion of the interview that the visa officer had a problem with his application.   [...]  This profession by the visa officer apparently led to concern on the part of the applicant, and his wife, that the applicant might not be, and ultimately that he was not, fairly assessed.   [...]  He appears to believe that his application was not fully and fairly considered.

Glencore Canada Corporation v. The Queen - 2021 TCC 63 - 2021-12-08

Mr. Lindsay was one of Falconbridge’s participants in the “road show” to sell the deal to the shareholders.   [...]  According to Mr. Lindsay, approximately 30-50% of deals included break fees in 1995-1996.   [...]  He was qualified as an expert witness for the Respondent in “deal protection devices”, having written several publications focusing on negotiations of corporate deals, specifically mergers and acquisitions.

Merck & Co., Inc. v. Pharmascience inc. - 2010 FC 510 - 2010-05-11

Example 1 deals with the preparation of finasteride, as does Example 2.   [...]  [54] Thus, in dealing with the disclosure and claims of a patent, collectively called the specification, Dickson J., in Consolboard, instructed that the claims are to be read in light of the disclosure in a fair manner.   [...]  They deal with an apparatus, a machine, a combination of several components.

Sanofi-Aventis Canada Inc. v. Hospira Healthcare Corporation - 2009 FC 1077 - 2009-10-22

The Federal Court of Appeal rejected an appeal by Apotex but did not deal with this issue.   [...]  (4) Dans toute action pendante au moment où elle est faite, aucune renonciation n’a d’effet, sauf à l’égard de la négligence ou du retard inexcusable à la faire.   [...]  [138] Effective and fair civil litigation systems must eschew trial by ambush.

Mohr v. National Hockey League - 2021 FC 488 - 2021-05-27

(d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or   [...]  A fair reading of the Statement of Claim is consistent with the following characterization of the proceeding in this court made by the plaintiff, before the Ontario, Alberta and Quebec courts:   [...]  (a) to limit unduly the facilities for transporting, producing, manufacturing, supplying, storing or dealing in any product,

Lavigne v. Canada (Attorney General) - 2023 FC 1182 - 2023-08-31

She also argues that the CRA failed to comply with the rules of procedural fairness in its handling of her case.   [...]  Reviewing courts are not required to show deference to the administrative decision maker on issues of procedural fairness.   [...]  However, it is clear that Collins deals with a “tax liability” arising from the ordinary operation of a tax statute (Collins at para 22) and does not concern the context of a government economic support measure such as the CRB.

Wijayansinghe v. Canada (Citizenship and Immigration) - 2015 FC 811 - 2015-06-30

The procedural fairness letter was correctly sent [36] In addition, the Officer went a step further and sent the procedural fairness letter to Ms. Pathirannahelage, which is an additional element showing that he fulfilled his duty of procedural fairness.   [...]  [41] I pause to note that cases dealing with missed email communications are not directly relevant to the current case involving a missed letter sent by regular mail, as the delivery system is different and technical issues often arise with email communications (Asoyan at paras 21-22).   [...]  The Officer has met his duty of procedural fairness by discussing his concerns with Ms. Pathirannahelage during the interview and in sending the procedural fairness letter to Ms. Pathirannahelage.

Gauthier v. Blueberry River First Nations - 2021 FC 446 - 2021-05-14

The Band is governed by a fairly extensive Custom Code. The major relevant parts are set forth in Schedule A to these Reasons.   [...]  That decision does affect this Court in dealing with the merits of the judicial review.   [...]  The COO then called a meeting for a day before the contempt hearing for which the COO set an agenda to deal with legal updates, and which was to be held in camera.

Holland v. Canada (Attorney General) - 2019 FC 1433 - 2019-11-14

The grounds were that the determination was unreasonable and breached the duty of fairness.   [...]  [29] Once the assessments are issued by CRA and if the Appellant wishes to file an objection and appeal, then the Tax Court has the exclusive jurisdiction to deal with whether he is a resident of Canada or not.   [...]  (d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or