11,317 result(s)
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5,926.
Bourguignon v. Canada (Attorney General) - 2003 FCT 679 - 2003-05-30
Federal Court Decisionsà un concours interne, tout candidat non reçu peut, dans le délai fixé par règlement de la Commission, en appeler de la nomination devant un comité chargé par elle de faire une enquête, au cours de laquelle l'appelant et l'administrateur général en cause, ou leurs représentants, ont l'occasion de se faire entendre. [...] The Appeal Board dealing with the first appeal determined that the merit principle had not been fully complied with in the conduct of the competition at issue. [...] [24] Counsel further alleged that the Appeal Board denied fairness to the Applicant when it refused to have regard to interview materials of other candidates that were tendered before it by the Applicant.
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5,927.
Lalonde v. Canada (Attorney General) - 2003 FCT 678 - 2003-05-30
Federal Court Decisionsà un concours interne, tout candidat non reçu peut, dans le délai fixé par règlement de la Commission, en appeler de la nomination devant un comité chargé par elle de faire une enquête, au cours de laquelle l'appelant et l'administrateur général en cause, ou leurs représentants, ont l'occasion de se faire entendre. [...] The Appeal Board dealing with the first appeal determined that the merit principle had not been fully complied with in the conduct of the competition at issue. [...] [26] Counsel urged that the Appeal Board further erred in a reviewable manner by denying the Applicant procedural fairness in failing to hear his submissions on the question of assessment of oral communications skills.
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5,928.
Hakizimana v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 223 - 2003-02-26
Federal Court Decisions[4] The IRB divided its decision into two parts, dealing with the case of Cédric separately from that of the female plaintiff and Astrid. [...] This denial of procedural fairness in my opinion suffices to vitiate the IRB's decision. [...] If this be a correct view of the implications of the approach of the majority of the British Columbia Court of Appeal to the issue of procedural fairness in this 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
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5,929.
Zheng v. Canada (Minister of Citizenship and Immigration) - 2000-01-10
Federal Court Decisionsb) ne possède les compétences voulues pour exercer un emploi dans une profession désignée, et ne soit disposé à le faire. [...] This may be easy in some cases where the decision is patently perverse, patently unlawful as dealing with matters outside the jurisdiction of the decision maker, or explicable only on the assumption of bad faith. [...] That was not done in this case and therefore it was a breach of the duty of procedural fairness not to give these reasons.
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5,930.
Bp Canada Energy Resources Company v. The Queen - 2002-10-16
Tax Court of Canada JudgmentsThis is a very good deal for the following reasons. ◆ Avoid risk of loss of litigation [...] [48] This observation is useful whether we are dealing with receipts or payments. [...] [55] I do not propose to deal with all of the authorities referred to by counsel.
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5,931.
Assal v. Canada (Citizenship and Immigration) - 2016 FC 505 - 2016-05-19
Federal Court Decisions(2) Were the principles of natural justice and procedural fairness respected? [...] (2) Were the principles of natural justice and procedural fairness respected? [...] However, the applicants argue that subsection 10(1) of the Act, noted above, dealing with revocation, must be used when there is fraud, and that it applies as much to naturalized citizens as to natural-born citizens.
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5,932.
Bélanger v. Canada (National Revenue) - 2022 FC 1488 - 2022-10-31
Federal Court DecisionsShe says that “the goal of all my dealings with the CRA was to understand the source and validity of this ‘so-called’ debt. [...] Thus, judicial intervention in administrative matters is allowed only if it is necessary to safeguard the legality, rationality and fairness of the administrative process. [...] Rather, it is to verify the legitimacy, rationality and fairness of the administrative process.
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5,933.
Fadhili v. Canada (Citizenship and Immigration) - 2022 FC 1121 - 2022-07-27
Federal Court DecisionsThe issue of a reasonable apprehension of bias concerns a matter of procedural fairness and is traditionally reviewed on the correctness standard (Malit v Canada (Citizenship and Immigration), 2018 FC 16 at para 11). [...] The central question for issues of procedural fairness is whether the procedure was fair, having regard to all of the circumstances, including the factors enumerated in Baker v Canada (Minister of Citizenship and Immigration), [1999] 2 SCR 817 at paras 21-28 (Canadian Pacific Railway Company v Canada (Attorney General), [...] The Applicants cite to jurisprudence from this Court that deals with refugee claimants who relied on agents to obtain false documentation and followed their instructions to destroy those false documents.
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5,934.
2424508 Ontario Ltd. v. RallySport Direct LLC - 2022 FCA 24 - 2022-02-09
Federal Court of Appeal DecisionsDespite the moral satisfaction we may derive from giving a good whack to an insurance company .... the verdict ... does not much advance the case of sound and fair management in the insurance industry. [...] Despite the moral satisfaction we may derive from giving a good whack to an insurance company and some misguided middle managers, the verdict of the jury does not much advance the case of sound and fair management in the insurance industry [...] It was not a case dealing with statutory damages under the Act. The Supreme Court restored the jury’s award of $1 million in punitive damages (paragraph 141 at the end of the reasons of the majority in Whiten).
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5,935.
Ismail v. Canada (Citizenship and Immigration) - 2020 FC 647 - 2020-05-27
Federal Court DecisionsThey help to show affected parties that their arguments have been considered and demonstrate that the decision was made in a fair and lawful manner. [...] B. Was there a breach of procedural fairness? [39] In light of my conclusions on the first issue, it is not necessary to address this question. [...] I would simply note that had I been required to deal with it, I would not have been persuaded by the Applicant’s arguments on this point.
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5,936.
Internorth Ltd. v. Canada (National Revenue) - 2019 FC 574 - 2019-05-03
Federal Court Decisions[...] Parliament has set up a complex structure to deal with a multitude of tax-related claims and this structure relies on an independent and specialized court, the Tax Court of Canada. [...] [51] In the present case, Canpar desires and expects fairness. The result of this judicial review will not meet this expectation. [...] The task of this Court on judicial review is not to determine what is fair in the circumstances but whether the Delegate’s decision is reasonable in the legal sense of the standard described above.
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5,937.
Song v. Canada (Citizenship and Immigration) - 2019 FC 72 - 2019-01-18
Federal Court DecisionsBefore the decision was made, the applicants had been told in a procedural fairness letter that this could be an issue. [...] No concerns about any other information provided about Ms. Wang’s employment history were raised in the procedural fairness letter or at any other point. [...] Before addressing these issues, however, it is necessary to deal briefly with the admissibility of parts of the affidavit Ms. Wang submitted in connection with this application for judicial review.
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5,938.
Fabrikant v. Canada - 2018 FCA 224 - 2018-12-10
Federal Court of Appeal Decisions[8] Specifically, this Court held in Fabrikant No. 1 that when a motion is before the Federal Court seeking the waiver of filing fees for an application for judicial review, the Federal Court should not deal exclusively with the motion. [...] I have always felt that every matter Dr. Fabrikant brings before this Court and every set of submissions he makes deserve separate, impartial, and fair consideration. [...] My exercise of discretion here should turn on what is necessary and fair now—not on some speculation about how the vexatious litigant application will turn out.
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5,939.
Brassard v. Danek - 2018 FC 742 - 2018-07-17
Federal Court DecisionsHowever, the complaint against Mr. Danek and Mr. Parizeau was not handled properly in the internal review due to a lack of procedural fairness. [...] As for the arguments about procedural fairness, I see no error in how the Commission and the investigator approached and conducted the process. [...] I will start with the argument that there was a lack of procedural fairness.
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5,940.
Ibrahim v. Canada (Citizenship and Immigration) - 2018 FC 654 - 2018-06-22
Federal Court DecisionsThe Applicants have failed to establish that they were denied procedural fairness or that the RPD committed any reviewable error. [...] Was there a breach of procedural fairness stemming from the quality of the interpretation at the hearing before the RPD? [...] I will first turn to the issue of the quality of interpretation at the hearing and then deal with the RPD’s credibility findings.
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5,941.
Abdi v. Canada (Public Safety and Emergency Preparedness) - 2018 FC 202 - 2018-02-22
Federal Court Decisions[10] The Applicant contends that there is a serious issue to be tried; namely, whether the referral decision made by the Minister’s delegate breached the duty of fairness, ignored international law and the Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 [...] hearing and, in the Respondent’s view, this motion amounts to an attempt to pre-empt the ID’s jurisdiction to determine how cases proceed before it, contrary to its statutory mandate to deal with all proceedings as informally and quickly as the circumstances and the consideration of fairness and natural justice permit. [...] There are no exceptional circumstances warranting interference by the Court with the administrative process now pending before the ID. Whether the Applicant’s application for leave and for judicial review raises a serious issue or establishes a fairly arguable case will be determined when leave is granted or denied in
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5,942.
Chen v. Canada (Citizenship and Immigration) - 2017 FC 1171 - 2017-12-19
Federal Court Decisionsa) directement ou indirectement, faire une présentation erronée sur un fait important quant à un objet pertinent, ou une réticence sur ce fait, ce qui entraîne ou risque d’entraîner une erreur dans l’application de la présente loi; [...] They raise only an issue of procedural fairness and being able to respond to a new argument. [...] This is not a completely irrelevant consideration, inasmuch as the provision specifically deals with the issue of accompanying family members who are permanent residents being exempted from removal on account of the inadmissibility of the principal family member.
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5,943.
Coast Capital Savings Credit Union v. Canada - 2016 FCA 181 - 2016-06-15
Federal Court of Appeal DecisionsIt also asserted that it did not acquire taxable Canadian property from a non-resident and, in the alternative, that even if it did do so, it did not appreciate that it was dealing with a non-resident when it purchased the shares and, thus, is not liable for the amounts assessed. [...] • The scheme involved the purchase of shares of corporations resident in Canada by a trust governed by an RRSP or a RRIF for an amount in excess of the fair market value of the shares; [...] The annuitants then directed the trustee to use funds in the newly created RRSP or RRIF to purchase shares in Canadian companies, at a price in excess of their fair market value; and
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5,944.
Commandant v. Hay - 2014 FC 213 - 2014-03-05
Federal Court DecisionsWhere success has been fairly evenly divided, however, there should normally be no order as to costs: Lubrizol Corp. v. Imperial Oil Ltd. (1996), 67 C.P.R. (3d) 1 (F.C.A.) at 25. [...] 61. Breaches of procedural fairness must be reviewed on a standard of correctness. [...] [27] Nevertheless, I accept Counsel for the Respondents’ argument that a great deal of effort went into challenging Mr. Commandant’s effort to regain his position as Chief.
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5,945.
Collins v. Canada (Attorney General) - 2012 FC 268 - 2012-02-27
Federal Court DecisionsIt found no breach of the duty to act fairly or to ensure an impartial hearing as all relevant information, both positive and negative, was carefully assessed and weighed. [...] [15] The Board was found to have conducted a fair assessment and considered the positive aspects of the Applicant’s case. [...] (f) that offenders be provided with relevant information, reasons for decisions and access to the review of decisions in order to ensure a fair and understandable conditional release process.
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5,946.
Garcia v. Canada (Citizenship and Immigration) - 2011 FC 1368 - 2011-11-25
Federal Court Decisions[8] During the course of these events, Ms. Garcia sought counselling from her psychologist in Mexico to help her deal with the trauma. [...] S’il ne peut le faire, il en donne la raison et indique quelles mesures il a prises pour s’en procurer. [...] The RPD cannot rely on this to ground an adverse finding against the Applicant and then claim that it is too minor to constitute an error in procedural fairness.
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5,947.
Houda International Inc v. The Queen - 2010 TCC 622 - 2011-01-10
Tax Court of Canada Judgments(ii) compte tenu des raisons indiquées dans la demande et des circonstances de l’espèce, il est juste et équitable de faire droit à la demande, [...] The body of law dealing with the relitigation of issues finally decided in previous judicial proceedings is not only complex; it is also at the heart of the administration of justice. [...] These rules and principles call for a judicial balance between finality, fairness, efficiency and authority of judicial decisions.
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5,948.
Strulovits v. Canada (Citizenship and Immigration) - 2009 FC 435 - 2009-04-30
Federal Court Decisions[40] As stated in a recent decision, the standard of review when dealing with the assessment of facts is the standard of « reasonableness » : [...] Without a chance to defend the speed of the marriage, the applicant has not been afforded fairness in the present matter. [...] Without granting the applicant an interview, and a chance to defend the legitimacy of the marriage, the officer breached the duty of fairness.
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5,949.
Bowen v. Canada (Citizenship and Immigration) - 2008 FC 112 - 2008-01-29
Federal Court DecisionsC. Did the Officer breach procedural fairness and principles of natural justice? [...] C. Did the Officer breach procedural fairness and the principles of natural justice? [...] The Officer did not violate the principles of procedural fairness in proceeding as he did.
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5,950.
Olson v. Canada (Public Safety and Emergency Preparedness) - 2007 FC 458 - 2007-04-30
Federal Court Decisions[27] The standard of review to be applied in order to determine whether a breach of procedural fairness has occurred is correctness. [...] [38] Because of my finding on Issue 1, I need not deal with the other issue. [...] As I have based my decision on procedural fairness, I am not prepared to certify a question.