Advanced Search

Chalal v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 345 - 2003-03-26

In doing so, she waived her right to plead a breach of procedural fairness.   [...]  [36] On the other hand, in cases dealing with the late disclosure of documents to the applicant, the absence of any objection on that point would not compromise the smooth conduct of the hearing.   [...]  Therefore, I am of the view that the applicant did not have a just and fair hearing.

Balepo v. Canada (Citizenship and Immigration) - 2017 FC 1104 - 2017-12-05

Did the Officer’s delay in issuing the decision violate procedural fairness?   [...]  Whether an administrative decision was fair is generally reviewable by a court.   [...]  C. Did the Officer’s delay in issuing the decision violate procedural fairness?

Ark Angel Foundation v. Canada (National Revenue) - 2019 FCA 21 - 2019-01-30

(1) Administrative fairness letter [9] On March 7, 2014, the Audit Division of the CRA issued an administrative fairness letter.   [...]  • bias on the part of the CRA officials dealing with this matter. [66] These issues will be reviewed on a standard of correctness (Canadian Pacific Railway Company v. Canada (Attorney General), 2018 FCA 69 at para. 34).   [...]  [75] These circumstances do not result in a breach of procedural fairness.

Daniels v. Canada - 2013 FC 6 - 2013-01-08

Suffice it to say that the Court found him to be very knowledgeable, very fair and completely credible.   [...]  This area of debate is more properly one for the courts to deal with.   [...]  [591] It is important to note that the Court did not deal with the constitutionality of the legislation or otherwise deal with s 91(24).

Commanda v. Algonquins of Pikwakanagan First Nation - 2018 FC 616 - 2018-06-13

In my view, an important reason for electing the Appeal Tribunal before the nomination meeting is that it will be in place throughout the election process to deal with the matters over which it has jurisdiction.   [...]  In my opinion, if the Tribunal is not elected until some portion of the election process has taken place, it may still deal with appeals once it is constituted.   [...]  [38] I therefore conclude that there were no issues in relation to composition of the Appeal Board that vitiated its decisions or resulted in a breach of procedural fairness.

Parisé v. Canada - 1997-07-02

As no two cases are exactly the same, and decisions must be made with due regard for the best interests of both the CF and the individual, school commandants have a reasonable latitude in how they deal with each case.   [...]  ... I find it necessary to affirm that the denial of a right to a fair hearing must always render a decision invalid, whether or not it may appear to a reviewing court that the hearing would likely have resulted in a different decision.   [...]  The right to a fair hearing must be regarded as an independent, unqualified right which finds its essential justification in the sense of procedural justice which any person affected by an administrative decision is entitled to have.

Multi Formulations Ltd. v. Allmax Nutrition Inc. - 2009 FC 375 - 2009-04-15

[28] Iovate raises a significant argument in respect of Section 50(1) of the Competition Act. This section deals with discriminatory pricing.   [...]  [56]. ... while the overall objective of the Act, in general, may be to promote vigorous and fair competition, the objective of the provision in issue here is significantly narrower.   [...]  4. The parties may arrange a case conference to deal with any issues arising from these reasons for decision.

Centre Québécois du droit de l’environnement v. Canada (Environment) - 2015 FC 773 - 2015-06-22

The Ontario Act, which is more recent (2007), is a complete code dealing with extinct, extirpated, endangered, threatened and special concern species.   [...]  (3) Avant de faire la recommandation, il consulte tout autre ministre compétent.   [...]  [69] At the hearing, counsel for the applicants stated that the issue was not to determine whether any violation of procedural fairness had taken place.

Burstyn v. Canada (Canada Customs and Revenue Agency) - 2006 FC 744 - 2006-06-13

The latter office responded to the reviewer by referring to a provision from the ITPR Guidelines dealing with clarification.   [...]  [31] The noted authorities, as I have previously acknowledged, do not deal directly with the situation that is before me.   [...]  · Review and discuss the next steps keeping in mind the need to balance processing fairness with administrative efficiency throughout the process.

Klopak v. Canada (Attorney General) - 2019 FC 235 - 2019-02-28

B. Was there a breach of procedural fairness? IV. Standard of Review   [...]  C. Was there a breach of procedural fairness? (1) Bias [50] The Applicant argues that the actions of the CRA are tainted by bias and a lack of procedural fairness.   [...]  Justice Simpson held that there are no specific rules of procedural fairness set out in the Act, and that there was no breach of procedural fairness in that case.

Technical Service Solutions Inc. v. M.N.R. - 2002-02-26

94. I shall deal quickly with Respondent's submission that the Appellant, within the meaning of Regulation 6(g) was a placement agency.   [...]  Therein, the Court was dealing with vicarious liability, however it had to deal with employee vs. independent contractor distinction.   [...]  The entire system developed in our courts relating to assumptions and onus of proof is in jeopardy if the respondent does not set out the actual assumptions on which the assessment is based with the complete candour, fairness and honesty.

Abikan v. Canada (Citizenship and Immigration) - 2023 FC 149 - 2023-02-01

This administrative practice, as set out in the practice itself, has been adopted to address the diversion of court resources to deal with potentially abandoned ALJRs and to devise a fair and just manner by which to manage them.   [...]   and obtain an extension of time for the perfection of an ALJR. There was accordingly no way for the Applicant to know which evidence should have been led on this motion to satisfy that part of the applicable test that deals with revoking the deemed discontinuance as no test had been articulated on the issue at the time.   [...]  [27] There is a wealth of jurisprudence dealing with extensions of time under IRPA, or under the Federal Courts Act and Rules.

Ruano v. Canada (Citizenship and Immigration) - 2015 FC 1023 - 2015-08-28

It noted that the applicants’ approach in dealing with the 2010 extortion was to report it to the authorities and obtain a protective order.   [...]  This differed from their approach in dealing with the 2013 extortion.   [...]  [44] Because of my finding on this issue, I need not deal with the remaining issue.