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11,317 result(s)

  • 5,851.

    Vyshnevskyy v. Canada (Citizenship and Immigration) - 2020 FC 881 - 2020-09-03

    Federal Court Decisions

    of procedural fairness, although the standard of review may be “best reflected in the correctness standard [...] strictly speaking, no standard of review is being applied.” A court must simply determine “[w]hether the procedure was fair having regard to all of the circumstances”, and ask “whether a fair and just process  [...]  VII. Procedural Fairness Issue [21] I conclude that the RPD did not breach procedural fairness by not proposing Odessa as a viable IFA prior to Mr. Vyshnevskyy attending his hearing.   [...]  Applicants must come to the hearing prepared to deal with the issue of possible IFAs (Thirunavukkarasu v Canada (Minister of Employment and Immigration), [1994] 1 FC 589 (CA) [Thirunavukkarasu]; Rasaratnam v Canada (Minister of Employment and Immigration), [1992] 1 FC 706 (CA), 1991 CarswellNat 162 at para 12 (WL Can)

  • 5,852.

    Jaser v. Canada (Attorney General) - 2015 FC 4 - 2015-01-05

    Federal Court Decisions

    [28] The respondent further submits that the process before the Board was fair because the applicant was afforded both notice and an opportunity to make submissions.   [...]  I agree with the respondent that an “interesting coincidence” like that is not sufficient evidence to rebut the presumption of fairness and impartiality.   [...]  [47] In short, the process adopted and followed by the Board in making its decision was fair.

  • 5,853.

    Bank of Montreal v. Payne - 2012 FC 431 - 2012-04-13

    Federal Court Decisions

    While it is not necessary to deal with this issue in light of my finding regarding the conclusion on unjust dismissal, I find that the Adjudicator’s conclusion that reinstatement was an appropriate remedy was also unreasonable.   [...]  This cured any initial violation of procedural fairness that may have existed.   [...]  There was no breach of procedural fairness. 4. Was there a reasonable apprehension of bias with respect to the Adjudicator?

  • 5,854.

    United Parcel Service Canada Ltd. v. Canada (Public Safety and Emergency Preparedness) - 2011 FC 204 - 2011-02-21

    Federal Court Decisions

    [41] UPS argues, and this Court agrees, that procedural fairness ought to be reviewed on the correctness standard.   [...]  However, based on the above reasoning, UPS’s procedural fairness argument is not within the scope of review on this application.   [...]  That decision deals with an applicant who was found to have been denied procedural fairness by the CCRA due to the Minister’s inability to produce any documentary evidence that it had sent the applicant notices it claimed to have sent numerous times in a matter rife with examples of poor communication between the parties

  • 5,855.

    Santhirasegaram v. Canada (Citizenship and Immigration) - 2008 FC 1187 - 2008-10-23

    Federal Court Decisions

    On these facts, fairness required the Officer to give the Applicants some kind of opportunity to address her concerns.   [...]  Therefore, the Applicant failed to demonstrate that the conduct of the Officer fell short of what fairness requires or that she did not live up to the duty of fairness.   [...]  I am not satisfied that the Officer considered H&C factors at all and the whole basis of her Decision dealing with section 39 of the Act and relief under the Tsunami program is flawed and must be reconsidered on this ground alone.

  • 5,856.

    Santhirasekaram v. Canada (Citizenship and Immigration) - 2008 FC 1188 - 2008-10-23

    Federal Court Decisions

    On these facts, fairness required the Officer to give the Applicants some kind of opportunity to address her concerns.   [...]  Therefore, the Applicant failed to demonstrate that the conduct of the Officer fell short of what fairness requires or that she did not live up to the duty of fairness.   [...]  I am not satisfied that the Officer considered H&C factors at all and the whole basis of her Decision dealing with section 39 of the Act and relief under the Tsunami program is flawed and must be reconsidered on this ground alone.

  • 5,857.

    Mohawk Council of Kahnawake v. Lahache - 2004 FC 1001 - 2004-07-16

    Federal Court Decisions

    [25] Did the Minister violate the duty of fairness in appointing the Adjudicator three months after Mr. Lahache's file was supposed to be closed due to inaction?   [...]  Did the Minister violate the duty of fairness in appointing the Adjudicator three months after   [...]  (3) The Minister may extend the period of time referred to in subsection (2) where the Minister is satisfied that a complaint was made in that period to a government official who had no authority to deal with the complaint but that the person making the complaint believed the official had that authority.

  • 5,858.

    Maritime Employers Association v. Syndicat des débardeurs (Canadian Union of Public Employees, Local 375) - 2023 FCA 93 - 2023-05-05

    Federal Court of Appeal Decisions

    Rather, we may intervene only if the CIRB failed to accord the applicants procedural fairness or rendered an unreasonable decision.   [...]  A. Procedural Fairness Issues Raised by the Applicants [83] Moving on to consider the various issues raised by the applicants, three of them (issues 2, 11 and 12 in the applicant’s memorandum of fact and law) allege violations of procedural fairness.   [...]  [92] The same is also true of their other procedural fairness arguments.

  • 5,859.

    Charkaoui (Re) - 2009 FC 1030 - 2009-10-14

    Federal Court Decisions

    In other words, the Court has weighed national security and procedural fairness, and, in the process, has permitted information to be disclosed which would be injurious to national security, based on a finding that procedural fairness outweighs national security.   [...]  [70] In essence, what the Ministers are criticizing is the Court’s “balancing” of national security against procedural fairness.   [...]  In the Ministers’ submission, no such “balancing” should take place because national security must outweigh procedural fairness.

  • 5,860.

    Suresh v. Canada (Minister of Citizenship and Immigration) - 1999-06-11

    Federal Court Decisions

    Procedural Fairness (i) Did the applicant receive adequate disclosure of the material before the Minister?   [...]  Fundamental justice requires that a fair balance be struck between these interests, both substantively and procedurally ...   [...]  There is no breach of fairness nor is there breach of the substantive and procedural aspects of fundamental justice.

  • 5,861.

    Madeley v. Canada (Public Safety and Emergency Preparedness) - 2016 FC 634 - 2016-06-07

    Federal Court Decisions

    One related to security reasons and the other because the fairs have a purpose different than the intended participation at the fairs.   [...]  As the evidence before the Court tends to show, these are called pre-release fairs because of when the fairs take place, that is before release.   [...]  There was in effect no argument in the memorandum of facts and law dealing with freedom of association.

  • 5,862.

    Mohammadghasemi v. Canada (Minister of Citizenship and Immigration) - 2006 FC 1081 - 2006-09-11

    Federal Court Decisions

    [4] In the Application before this Court the Applicant argues that there was a breach of procedural fairness in that the Applicant was not provided with an opportunity to reply to the extrinsic evidence of the FOSS note.   [...]  If it was relevant and the Applicant was denied an opportunity to deal with the evidence, it is likely immaterial if the note is true or false.

  • 5,863.

    Canada Pipe Company Ltd. - 2004 FCA 76 - 2004-02-24

    Federal Court of Appeal Decisions

    [1] These are two appeals from the Competition Tribunal, dealing respectively with production of documents and scheduling.   [...]  [5] The appellant argues that denial of production in this case results in fairness being sacrificed for expediency.

  • 5,864.

    General Motors of Canada Limited v. The Queen - 2008 TCC 117 - 2008-02-22

    Tax Court of Canada Judgments

    Q: You really can't deal with the money. That is, General Motors can't deal with the money in these pension plans other than for purposes of paying pensions, is that a fair statement?   [...]  Assumptions relied upon in pleadings must be stated fairly, honestly and accurately.   [...]  However, I disagree with the Appellant’s view of CAAT because the decision did not deal with paragraphs (a) to (m).

  • 5,865.

    Multi Formulations Ltd. v. Allmax Nutrition inc. - 2009 FC 416 - 2009-04-27

    Federal Court Decisions

    None deals with intellectual property rights. Moreover, it is clear that Parliament considered the interface of the Competition Act and intellectual property rights.   [...]  • [28] Iovate raises a significant argument in respect of Section 50(1) of the Competition Act.This section deals with discriminatory pricing.The section reads as follows:   [...]  [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.

  • 5,866.

    Canadian Private Copying Collective v. Cano Tech Inc. - 2006 FC 28 - 2006-01-13

    Federal Court Decisions

    Nothing in the letter limited the documents requested to those dealing with the manufacture, importation or sale of audio cassettes.   [...]  [35] According to Mr. Gottschalk, when he started to uncover evidence that Cano Tech was dealing in CDRs, Mr. Khoja said "You got me.   [...]  In the circumstances, the imposition of a condition on the settlement allowing the CPCC to verify that the information provided by Cano Tech was truthful seems to me to be entirely fair and reasonable, as is evidenced by the fact that this term was initially agreed to by Cano Tech.

  • 5,867.

    Canada (Attorney General) v. Ortis - 2021 FC 737 - 2021-07-13

    Federal Court Decisions

    Since I have found that there are distinct sources for the authority to make these orders in relation to a public proceeding under CEA section 38, it will be convenient to deal with each type of order separately.   [...]  [41] First, it is indisputable that the fairness of Mr. Ortis’s trial is an important public interest.   [...]  The right to a fair trial is guaranteed by section 11(d) of the Charter.

  • 5,868.

    Caruana v. Canada (Attorney General) - 2006 FC 1355 - 2006-11-09

    Federal Court Decisions

    In the event of a failure of natural justice or denial of fairness, a decision under review must be set aside.   [...]  [43] As noted earlier, by section 90 of the Act, grievances are to be conducted “fairly and expeditiously”.   [...]  That principle is elaborated on in Commissioner’s Directive 081 dated the 4th of March, 2002 dealing with Offender Complaints and Grievances which provides the following policy objective:

  • 5,869.

    Moghaddam v. Canada (Citizenship and Immigration) - 2018 FC 1063 - 2018-10-23

    Federal Court Decisions

    [28] The applicant also argued that procedural fairness was breached.   [...]  I will deal with them one after the other. A. Procedural fairness [34] It is claimed that procedural fairness was breached because the CBSA brief was not disclosed to the applicant.   [...]  [47] There is no doubt in my view that the applicant was given a fair opportunity to respond to the general concerns raised in this case, as far as they go: indeed the exchange of letters following procedural fairness letters makes the point vividly.

  • 5,870.

    Bankole v. Canada (Citizenship and Immigration) - 2011 FC 373 - 2011-03-25

    Federal Court Decisions

    [24] The applicant has raised several issues of procedural fairness and natural justice in this proceeding.   [...]  Where the fairness of the actual hearing is not affected, the delay could still breach the duty of fairness if it caused prejudice to the applicant which would bring the justice system into disrepute (see Blencoe above, at paragraph 115).   [...]  As the application has not been allowed, I need not deal with the issue of costs.

  • 5,871.

    Holmes v. Canada (Attorney General) - 1997-05-08

    Federal Court Decisions

    1. Was the Commission's decision reached in violation of the rules of procedural fairness?   [...]  In determining that it was an investigatory body with the duty to act fairly, Lord Denning said, at p. 19:   [...]  In all these cases it has been held that the investigating body is under a duty to act fairly; but that which fairness requires depends on the nature of the investigation and the consequences which it may have on persons affected by it.

  • 5,872.

    Buffalocalf v. Nekaneet First Nation - 2024 FCA 127 - 2024-08-12

    Federal Court of Appeal Decisions

    [2] Pursuant to the Nekaneet Constitution and Nekaneet Governance Act, the Nekaneet Appeal Body (Appeal Body or NAB) would normally deal with such an appeal.   [...]  • 1)Does this Court (and the Federal Court) have jurisdiction to review the Declaration and to deal with the application brought by the respondents in file A-193-23?   [...]  8.08 The Nekaneet Appeal Body has the jurisdiction to hear and resolve any conflict or dispute relating to an issue governed by a law of Nekaneet or address violations of a law of Nekaneet based on remedies and processes that are fair, just and equitable and in accordance with the laws of Nekaneet.

  • 5,873.

    Melenchuk v. The King - 2023 TCC 27 - 2023-03-27

    Tax Court of Canada Judgments

    Set out below are the passages relevant to the main question of the Court’s jurisdiction and to the first secondary question, that of procedural fairness in the case of a self-represented party:   [...]  It is not open to the Court to make exceptions to statutory provisions on the grounds of fairness or equity.   [...]  15 The Tax Court had no jurisdiction to deal with this ground. The Tax Court can deal only with the validity of an assessment, not enforcement action taken by the Canada Revenue Agency.

  • 5,874.

    Ontario (Premier) v. Canada (Commissioner of the Public Order Emergency Commission) - 2022 FC 1513 - 2022-11-07

    Federal Court Decisions

    on April 25, 2022 pursuant to s 63(1) of the Emergencies Act, RSC, 1985, c 22 (4th Supp) and Part I of the Inquiries Act, RSC, 1985 c I-11, to inquire into the circumstances that led to the declaration of a public order emergency between February 14 and 23, 2022, and the measures taken to deal with the emergency.   [...]  63 (1) The Governor in Council shall, within sixty days after the expiration or revocation of a declaration of emergency, cause an inquiry to be held into the circumstances that led to the declaration being issued and the measures taken for dealing with the emergency.   [...]  63 (1) Dans les soixante jours qui suivent la cessation d’effet ou l’abrogation d’une déclaration de situation de crise, le gouverneur en conseil est tenu de faire faire une enquête sur les circonstances qui ont donné lieu à la déclaration et les mesures prises pour faire face à la crise.

  • 5,875.

    Maple Lodge Farms Ltd. v. Canada (Food Inspection Agency) - 2017 FCA 45 - 2017-03-07

    Federal Court of Appeal Decisions

    Here, we are dealing with the Tribunal’s understanding of the meaning and effect of paragraph 143(1)(d) of the Regulations.   [...]  It is to be given “such fair, large and liberal construction and interpretation as best ensures the attainment of its objects”: Interpretation Act, R.S.C. 1985, c. I-21, s. 12.   [...]  [64] Counsel for Maple Lodge Farms also fairly conceded that the prolongation or extension of undue suffering during lairage can fall within paragraph 143(1)(d) of the Regulations.