11,316 result(s)
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6,201.
British Columbia Lottery Corporation v. Canada (Attorney General) - 2013 FC 307 - 2013-03-26
Federal Court Decisions(b) the salutary effects of the confidentiality order, including the effects on the right of civil litigants to a fair trial, outweigh its deleterious effects, including the effects on the right to free expression, which in this context includes the public interest in open and accessible court proceedings. [...] (ii) the salutary effects of the confidentiality order, including the effects on the right of civil litigants to a fair trial, outweigh its deleterious effects, including the effects on the right to free expression, which in this context includes the public interest in open and accessible court proceedings. [...] In order to deal with these matters effectively, an express derogation of rights may be necessary, and this supports the interpretation of subsection 73.21(4) taken by the Prothonotary;
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6,202.
Woo v. The Queen - 2002-01-18
Tax Court of Canada Judgments[5] The appellant does not agree with the so-called assumption of fact - at paragraph 6(p) (that seems to be fairly obvious as otherwise he would not be appealing the assessments). [...] [9] Although these two appeals are heard on the basis of common evidence, I will deal primarily with the appeal concerning the GST assessment at this point. [...] He was aware - generally - of the amount of daily deposits and found them to be fairly consistent throughout so was not concerned with any sudden downturn in the total revenue generated.
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6,203.
Kuk v. Canada (Attorney General) - 2023 FC 1134 - 2023-08-23
Federal Court DecisionsE. Procedural Fairness [42] The Applicant submitted that the SST-AD breached his procedural fairness through “short cycling analysis without applying essential legal test principles established in case law to fully satisfy the finding of misconduct”. [...] [43] After reviewing the SST-AD decision, I see no issues of procedural fairness. [...] [46] [I]t is likely that the Applicant will find this result frustrating, because my reasons do not deal with the fundamental legal, ethical, and factual questions he is raising.
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6,204.
CMRRA-SODRAC Inc. v. Apple Canada Inc. - 2020 FCA 101 - 2020-06-05
Federal Court of Appeal Decisions[15] The applicant CSI raises procedural fairness issues. The standard of review for procedural fairness issues is currently in dispute in this Court (see Bergeron v. Canada (Attorney General), 2015 FCA 160, 99 Admin. [...] Nevertheless, regardless of the standard of review, I would reject the procedural fairness issues advanced by CSI. [...] In the circumstances, this was fair notice, the parties had ample opportunity to address it, and the decision to lower the rate could not have been an unreasonable surprise.
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6,205.
Ali v. Canada (Citizenship and Immigration) - 2018 FC 588 - 2018-06-08
Federal Court DecisionsI. Mr. Ali’s Procedural Fairness Arguments [7] To the extent that Mr. Ali’s application raises questions of procedural fairness, the Court’s task is to determine whether the process followed by the decision-maker satisfied the level of fairness required in all of the circumstances, in other words, to apply the correctness [...] [8] Mr. Ali submits that in refusing his reconsideration request, the Minister’s Delegate relied upon criteria dealing with the admissibility of new evidence that were contained in a policy manual that did not come into force until November 21, 2017 (see s. 7.16 of IRCC’s Policy Manual ENF 28: “Ministerial opinions on [...] [17] Mr. Ali submits that there was an additional breach of procedural fairness in this case, as the Minister’s Delegate had regard to a charge of attempted murder that had been laid against him in 2013 in arriving at the conclusion in the 2015 danger opinion that Mr. Ali presented a danger to the public in Canada.
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6,206.
Canada (National Revenue) v. ConocoPhillips Canada Resources Corp. - 2017 FCA 243 - 2017-12-11
Federal Court of Appeal Decisions[31] In a supplementary judgment dealing with costs, costs were awarded to ConocoPhillips. [...] (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, [...] Considerations of fairness do not enter into the equation. [46] In these provisions, Parliament has set out a detailed regime that applies to all taxpayers who wish to dispute assessments of tax.
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6,207.
Shen v. Canada (Citizenship and Immigration) - 2016 FC 70 - 2016-01-21
Federal Court DecisionsThe doctrine evokes the public interest in a fair and just process and the proper administration of justice. [...] Abuse of process may also be characterized as an aspect of procedural fairness, which is reviewable against the standard of correctness (Muhammad v Canada (Minister of Citizenship and Immigration), 2014 FC 448 at para 51, citing Pavicevic v Canada (Attorney General), 2013 FC 997 at para 29 and Herrera Acevedo v Canada [...] [32] The duty of candour requires the Crown’s representatives to be candid and fair in their dealings with both litigants and tribunals (Tursunbayev v Canada (Minister of Public Safety and Emergency Preparedness), 2012 FC 504 at para 42 [Tursunbayev]; Odosashvili v Canada (Minister of Citizenship and Immigration), 2014 FC
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6,208.
Martel c. La Reine - 2010 TCC 634 - 2011-01-11
Tax Court of Canada Judgments. . . (c) a person with whom the person was not dealing at arm’s length, [...] (i) the amount, if any, by which the fair market value of the property at the time it was transferred exceeds the fair market value at that time of the consideration given for the property, and [...] That Court's interpretation is sensible since that legislation does not specifically address proposals; in addition, in this case, it will lead to a fair result.
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6,209.
Herman v. Canada (Citizenship and Immigration) - 2010 FC 629 - 2010-06-10
Federal Court DecisionsShe further submitted that the failure to give her an opportunity to respond to the Officer’s credibility concerns was contrary to the principles of procedural fairness. [...] This satisfied the participatory rights required by the duty of fairness in this case (Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817, at para. 34). [...] [24] At the time the decision under review was made, the provisions of Guideline IP 5 dealing with persons in abusive relationships were set forth in section 13.10.
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6,210.
Fernandez Ortega v. Canada (Citizenship and Immigration) - 2007 FC 601 - 2007-06-07
Federal Court Decisions3. Did the officer breach the duty of fairness by failing to hold a hearing? [...] Did the officer breach the duty of fairness by failing to hold a hearing? [...] [30] Because of my finding on this issue, I need not deal with the remaining issues.
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6,211.
Yen v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1236 - 2005-09-14
Federal Court Decisions3. Did the IAD neglect to observe a principle of natural justice, procedural fairness by failing to hold a hearing, or alternatively, by failing to render a decision and reasons in a reasonable time? [...] a) ou bien le répondant a été informé que l'étranger pouvait faire l'objet d'un contrôle et il pouvait faire en sorte que ce dernier soit disponible, mais il ne l'a pas fait, ou l'étranger ne s'est pas présenté au contrôle; [...] Therefore, I don=t believe the IAD breached any principle of natural justice by dealing with this appeal in writing.
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6,212.
Joarder v. Canada (Minister of Citizenship and Immigration) - 2003 FC 1510 - 2003-12-22
Federal Court DecisionsProcedural fairness also requires that decisions be made free from a reasonable apprehension of bias by an impartial decision-maker. [...] Would he think that it is more likely than not that [the decision-maker], whether consciously or unconsciously, would not decide fairly." [...] [37] From Baker, supra, the duty to act fairly applies to all immigration officers who play a significant role in making a decision.
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6,213.
Heo v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 90 - 2003-01-28
Federal Court Decisions[8] By email dated July 17, 2001, Dr. Waddell advised Dr. Beltran that he had reviewed the material forwarded on June 21, 2001, that is the Applicant's response to the procedural fairness letter. [...] [19] The Respondent argues that the medical officers and the Visa Officer properly evaluated and processed the Applicant's application in accordance with the law and principles of procedural fairness. [...] dealing with medical inadmissibility on the ground of excessive demands, but only on
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6,214.
Knott v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 719 - 2001-06-28
Federal Court Decisions[13] The applicant submits it is a duty of procedural fairness to ensure that a fair and open procedure, appropriate to the decision being made, is used when administrative decisions are made. [...] b) à y demeurer, les personnes se trouvant au Canada qui font l'objet ou sont susceptibles de faire l'objet du rapport prévu au paragraphe 27(2). [...] The other six deal with information being presented to the respondent by the applicant's counsel on the applicant's behalf.
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6,215.
Hermiz v. Canada - 2013 FC 288 - 2013-03-19
Federal Court DecisionsHowever, Mr. Al-Baghdadi did deal directly with his conversation with Mrs. Bolan. [...] Section 24 deals with primary facts; this point will be expanded on later. [...] [72] In addition to the statutory requirements of section 24, Mr. Hermiz argues that CSC has adopted principles of fairness in dealing with inmates and refers to a document prepared by CSC and found on its website entitled “The Duty to Act Fairly in Penitentiaries” which mandates that the principles of the Rule of Law apply
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6,216.
Quebec (Attorney General) v. Canada - 2008 FC 713 - 2008-06-06
Federal Court Decisionsh) il est forcé ou induit à mendier, à faire un travail disproportionné à ses forces ou à se produire en spectacle de façon inacceptable eu égard à son âge ; [...] f) faire placer cet enfant dans une famille recommandable comme foyer d’adoption, sous réserve de la surveillance bienveillante d’un agent de surveillance et des ordres futurs de la cour ; [...] In her opinion, the school administration expected social workers to deal with students’ social problems.
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6,217.
Canada (Attorney General) v. Almalki - 2016 FCA 195 - 2016-07-08
Federal Court of Appeal Decisions[20] The judge then mentions that in his view, he is not dealing with the repeal of an existing statute or even of an existing common law privilege. [...] [35] I do not intend to deal in much detail with the first or third presumption referred to above for in my view, they simply have no application here. [...] (2) La communication visée au paragraphe (1) peut se faire dans l’exercice de fonctions conférées en vertu de la présente loi ou de toute autre loi fédérale ou pour l’exécution ou le contrôle d’application de la présente loi, si une autre règle de droit l’exige ou dans les circonstances visées aux alinéas 19(2)a) à d).
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6,218.
Baloch v. Canada (Citizenship and Immigration) - 2022 FC 1373 - 2022-10-04
Federal Court DecisionsIV. Procedural Fairness [20] The Court’s review of procedural fairness issues involves no deference to the decision maker. [...] [23] The respondent submitted that there was no breach of procedural fairness in this case. [...] These reasons did not deal with the point. In addition, applying settled law on procedural fairness including the Federal Court of Appeal’s decision in Mohammadian, the applicants waived their right to object through their words and conduct at the hearing, failing to raise interpretation issues in a timely manner.
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6,219.
Mahil v. M.N.R. - 2003 TCC 746 - 2003-10-23
Tax Court of Canada JudgmentsThe appellant stated she arrived in Canada - in 1998 - and was not able to deal with financial institutions due to her inadequate knowledge of English. [...] [21] Dealing first with those assumptions of fact intended to apply to all the relevant periods, the evidence disclosed the appellant did not live on the Mahil family farm property, as assumed by the Minister at subparagraph 8(c) of the Reply. [...] Within that particular industry, it is fair to conclude that the wage commonly paid to farm workers is the current minimum wage set in accordance with provincial labour standards legislation.
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6,220.
Gosselin v. Canada (Attorney General) - 2023 FC 853 - 2023-06-16
Federal Court Decisions• (2)breaches of procedural fairness during the complaint process and in the decision; and [...] (2) Breaches of procedural fairness [22] According to the applicant, the Assistant Commissioner breached the principles of procedural fairness by rendering a decision based on an investigation that had not been carried out in accordance with the procedures set out in the Investigation Guide. [...] (i) a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment, or
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6,221.
Thistle v. The Queen - 2015 TCC 149 - 2015-06-16
Tax Court of Canada JudgmentsA. It was mostly me in the office giving him information, but he was also dealing with Ian Fitzgerald. [...] A. No. In August of 2010, again we had a fair amount of money sitting - $140,000.00 sitting in the account. [...] A. I knew in December that there was a fair amount of money outstanding that was owed to NLRV Enterprises from Dowland.
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6,222.
Reyes Pino v. Canada (Citizenship and Immigration) - 2012 FC 200 - 2012-02-10
Federal Court Decisions- Maybe we will deal with the facts because, in fact, the man is not an expert. [...] 33. A review of the hearing transcript shows unequivocally that the applicant benefitted from a hearing conducted in all fairness. [...] 36. The Court cannot, under these circumstances, find that there was a breach of procedural fairness.
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6,223.
Jayasundararajah v. Canada (Public Safety and Emergency Preparedness) - 2011 FC 1312 - 2011-11-16
Federal Court Decisionsc. Whether the Officer breached the Applicants’ right to procedural fairness by providing inadequate reasons; [...] The decision-maker has either complied with the content of the duty of fairness appropriate for the particular circumstances, or has breached this duty.” As the second issue and third issues are questions of procedural fairness, the standard of review on this issue is correctness. [...] [54] Having taken upon himself the assessment of risk, something he was not asked to do and for which he is not qualified, the Officer then proceeds to commit a series of errors, some of which were referred to by Justice François Lemieux in his judgment dealing with the stay motion in this matter.
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6,224.
Highway v. Peter Ballantyne Cree Nation - 2023 FC 565 - 2023-04-19
Federal Court DecisionsWas the conduct of the Appeal Hearing procedurally fair? 2. Was the Decision reasonable? [...] A. Was the conduct of the Appeal Hearing procedurally fair? (1) Applicant’s position [...] [26] ...The jurisprudence of the Court is clear; such issues dealing with procedural fairness must be raised at the earliest opportunity.
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6,225.
Uwadia v. Canada (Public Safety and Emergency Preparedness) - 2010 FC 576 - 2010-05-26
Federal Court DecisionsThis comportment amounted to a breach of natural justice and to procedural fairness in the circumstances at hand. [...] I find, on the record before me, that the officers carried out their duties in an appropriate and fair manner. [...] [39] Here, the Canada Border Services Agency was dealing with a foreign national who was clearly attempting to enter Canada without documentation and with admitted assistance from a smuggler.