11,315 result(s)
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6,301.
Yassin v. Canada (Public Safety and Emergency Preparedness) - 2018 FC 423 - 2018-04-20
Federal Court Decisions[6] On April 23, 2015, the visa officer sent Mr. Yassin a procedural fairness letter stating there were reasonable grounds to believe he was, or had been, a member of an inadmissible class of persons described in paragraph 35(l)(b) of the IRPA, due to his role as a senior official in the designated regime of President Siad [...] [7] On June 8, 2015, Mr. Yassin’s counsel responded to the procedural fairness letter. [...] • f) The Court will retain jurisdiction to deal with any extension or other issues that arise which affect the Court's order.
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6,302.
Martin v. The Queen - 2013 TCC 38 - 2013-02-04
Tax Court of Canada JudgmentsI do not need to deal with the constructive trust arguments in the circumstances but have concerns that, unlike unjust enrichment, constructive trust is an equitable in rem claim for an interest in a property subject to the alleged trust and I fail to see how that fits the facts before me relating to unpaid services. [...] [18] There is little evidence available to me regarding the fair market value rent which should have been paid in the years in question. [...] [19] Being conservative to account for possible differences between the commercially rented premises and the converted home as to size, services included, utilities included and the like, I can conservatively estimate that the fair market rental value of the Fenwick property in the years in question was at least half of the
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6,303.
Canada (Citizenship and Immigration) v. El-Koussa - 2012 FC 13 - 2012-01-04
Federal Court Decisions[11] As an aspect of procedural fairness and natural justice, adequacy of reasons is reviewed on a standard of correctness (see Abou-Zahra v Canada (Minister of Citizenship and Immigration), 2010 FC 1073, [2010] FCJ no 1326 at para 16; Chowdhury v Canada (Minister of Citizenship and Immigration), 2009 FC 709, [2009] FCJ no [...] [16] Given these principles, the Applicant asserts that the failure of the Citizenship Judge to provide reasons amounts to a breach of procedural fairness and clear error justifying the intervention of this Court (see for example Canada (Minister of Citizenship and Immigration) v Salim, 2010 FC 975, [2010] FCJ no 1219). [...] [27] Given my discussion with respect to the adequacy of reasons, it is unnecessary for me to deal extensively with this issue.
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6,304.
Tabañag v. Canada (Citizenship and Immigration) - 2011 FC 1293 - 2011-11-10
Federal Court DecisionsAt the hearing, I noted the objection and indicated that I would deal with it in rendering a decision on the merits of the application. [...] [11] The applicant raises procedural fairness considerations and questions of law. [...] Additional evidence may be submitted on issues of procedural fairness and jurisdiction: Ontario Assn. of Architects v Assn. of Architectural Technologists of Ontario, [2003] 1 FC 331 (CA), leave to appeal to the Supreme Court of Canada refused.
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6,305.
Canada (Citizenship and Immigration) v. Mahjoub - 2011 FC 977 - 2011-08-05
Federal Court DecisionsIf a question arises on the facts of a case before an applications judge, it is the judge’s duty to deal with it. [...] “The danger to the security of Canada must be grave in the sense that the danger must be serious according to a broad and fair interpretation and in conformity with the international standards which require evidence of potentially grave threat that puts the nation in danger.” [...] Subject to these qualifications, we accept that a fair, large and liberal interpretation in accordance with international norms must be accorded to “danger to the security of Canada ” in deportation legislation.
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6,306.
Aboriginal Peoples Television Network v. Canada (Human Rights Commission) - 2011 FC 810 - 2011-06-30
Federal Court DecisionsFinally, again in the opinion of the tribunal, cameras might introduce an element of distraction detrimental to the fairness of the hearing. [...] In particular, the member does not mention, let alone deal with the applicant’s detailed Request and Submission of October 22, 2009, to obtain television footage of the proceedings. [...] None of the proposed witnesses expressed concern that their testimony would be affected by the presence of a camera, or otherwise expressed any concerns relating to the fairness of the hearing.
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6,307.
Ariri v. Canada (Public Safety and Emergency Preparedness) - 2009 FC 834 - 2009-08-17
Federal Court Decisions[6] After a review of the parties’ submissions and material, including the transcript of the guilty plea, as well as consideration of two recent IAD decisions dealing with the impact of Mathieu on the interpretation of subsection 64(2), the IAD determined that the September 7, 2007 determination was correct in law both then [...] In questions of law, or of procedural fairness or rules of natural justice, the standard is correctness (Dunsmuir v. New Brunswuick, [2008] 1 S.C.R. 190). [...] [13] The applicant however claims that the root of his complaint is found in the Federal Court decision in Canada (Minister of Citizenship and Immigration) v. Atwal, 2004 FC 7, which perverted the intentions of the Supreme Court in R v. Wust, [2000] 1 S.C.R. 455 from protection against double punishment and fairness to a
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6,308.
Eli Lilly Canada Inc. v. Apotex Inc. - 2009 FCA 97 - 2009-03-25
Federal Court of Appeal DecisionsIt adds that the Federal Court Judge breached the duty of procedural fairness in disposing of the application on this ground as it was not alleged by the respondent. [...] [5] Dealing first with this last argument, the finding by the Federal Court Judge that the invention claimed in the ‘356 Patent was based on a prediction is one of fact. [...] [20] Finally, the appellant contends that the respondent did not allege that there had been a failure to properly disclose the facts underlying the sound prediction within the ‘356 Patent specification and that the Federal Court Judge breached the duty of procedural fairness in disposing of the application on that basis.
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6,309.
Samuels v. Canada (Citizenship and Immigration) - 2009 FC 272 - 2009-03-17
Federal Court Decisions[16] Rule 58 deals with abandonment of a claim, as follows: 58.(1) A claim may be declared abandoned, without giving the claimant an opportunity to explain why the claim should not be declared abandoned, if [...] (a) immediately, if the claimant is present at the hearing and the Division considers that it is fair to do so; or [...] a) sur-le-champ, dans le cas où il est présent à l’audience et où la Section juge qu’il est équitable de le faire;
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6,310.
Nasso v. Canada (Citizenship and Immigration) - 2008 FC 1003 - 2008-09-08
Federal Court Decisions[16] In my view the officer gave the Applicant a full and fair opportunity to present his case for admission to Canada. [...] The CAIPS notes and letter indicate that the officer fairly considered the reasons advanced by Mr. Nasso but ultimately found that they did not justify the admission of Mr. Nasso to Canada. [...] AS FOR HIS OTHER “INVESTMENTS” THERE IS NOTHING CLEAR ABOUT THIS AND WHILE I CANNOT PEER INTO HIS DEALINGS THERE IS SOMETHING A LITTLE ACKWARD ABOUT A PERSONAL (sic) RECENTLY CONVICTED OF EXTORTION FROM REQUESTING MONEY FROM INVESTORS WHO MAY,.
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6,311.
DBC Marine Safety Systems Ltd. v. Canada (Commissioner of Patents) - 2008 FCA 148 - 2008-05-27
Federal Court of Appeal DecisionsThe last ground of appeal deals with the procedural fairness of the current Patent Office practice. [...] [9] Finally, the appellant raises a last ground of appeal pertaining to procedural fairness.
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6,312.
Bashar v. Canada (Citizenship and Immigration) - 2007 FC 1060 - 2007-10-17
Federal Court DecisionsIn order to deal with the issues properly, the Board would have had to adjourn the hearing again after already adjourning it for three months to accommodate the applicants. [...] Comment faire une demande Forme de la demande et délai 44. (1) Sauf indication contraire des présentes règles, toute demande est faite sans délai par écrit. [...] La Section peut permettre que la demande soit faite oralement pendant une procédure si la partie n'aurait pu, malgré des efforts raisonnables, le faire par écrit avant la procédure.
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6,313.
Waugh v. The Queen - 2007 TCC 494 - 2007-08-24
Tax Court of Canada Judgments(c) a person with whom the person was not dealing at arm’s length, the following rules apply: [...] (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
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6,314.
Sawridge Band v. Canada - 2006 FC 1179 - 2006-10-04
Federal Court Decisions[27] Preparing to deal with all of these possibilities could involve enormous amounts of time and expenditure. [...] And as the history of these proceedings has shown time and again, normal rules cannot be relied upon and the Court must provide its own solutions to ensure this action comes to trial in a fair and orderly manner. [...] Because the Crown has always been prepared to consent to the late filing of the report of Dr. Waugh on fair and reasonable terms, and because the Court has already directed the Plaintiffs to provide the information required, and because this motion would not have been necessary if the Plaintiffs had behaved reasonably and
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6,315.
Kennedy v. Canadian National Railway Company - 2006 FC 697 - 2006-06-05
Federal Court Decisions[9] It appears that the Commission initially declined to deal with the complaint, on the basis that it was filed more than one year after the last event complained of. [...] Consequently, the Court will only intervene if the Commission's conclusion is unreasonable, absent a breach of the duty of fairness or other errors of law: Bell Canadav. [...] [15] Given that Mr. Kennedy is not alleging any breach of procedural fairness on the part of the Commission in this case, I am satisfied that the Commission's decision should be reviewed against the standard of reasonableness.
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6,316.
Espinoza Pineda v. Canada (Minister of Citizenship and Immigration) - 2006 FC 328 - 2006-03-14
Federal Court Decisions[21] Because of my finding on Issue 1, I need not deal with the remaining issue. [...] (a) immediately, if the claimant is present at the hearing and the Division considers that it is fair to do so; or [...] a) sur-le-champ, dans le cas où il est présent à l'audience et où la Section juge qu'il est équitable de le faire;
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6,317.
Fernandez v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1132 - 2005-08-18
Federal Court DecisionsThe RPD noted documentary evidence about a number of special courts which deal with domestic violence in Costa Rica, and that these courts include judges, psychologists and social workers. [...] 20 Therefore, the Gender Guidelines suggest that to assess the actions of [...] women subjected to domestic violence, special knowledge is an essential tool to use in reaching a fair and correct judgment. [...] [...] 24 While expert testimony might not be considered practicable or necessary in some cases, in my opinion it is, nevertheless, incumbent on panel members to exhibit the knowledge required, and to apply it in an understanding and sensitive manner when deciding domestic violence issues in order to provide a fair result
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6,318.
Belousyuk v. Canada (Minister of Citizenship and Immigration) - 2004 FC 746 - 2004-05-20
Federal Court DecisionsThus, on July 11, 2001, the visa officer sent him a fairness letter outlining her concerns with his application. [...] [7] By letter dated April 24, 2002, Mr. Belousyuk submitted various documents which, in fact for the majority, had already been produced before the July 11, 2001 fairness letter was sent to him. [...] [13] Mr. Belousyuk argues that the misunderstanding with respect to his work with Energoproekt arose from the fact that the Embassy contacted the head of human resources who deals with regular employees of the company and is not involved with independent consultants.
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6,319.
Sabadao v. Canada (Minister of Citizenship and Immigration) - 2004 FC 121 - 2004-01-26
Federal Court Decisionsiii) Finally, the IAD breached its duty of fairness by failing to seek and hear submissions from him before discontinuing his appeal [...] It also submits that the IAD did not breach its duty to fairness for section 196 of the Act applies as a matter of law and does not contemplate a hearing. [...] Only two relate to issues actually discussed in my decision (the interpretation of section 196 of the Act and the application of the "clean hand doctrine"), the others dealt with arguments that I did not deal with because of my interpretation of section 196 of the Act. My decision not to deny his remedy to Mr. Sabadao turns
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6,320.
Paquet v. The Queen - 2003 TCC 841 - 2004-01-12
Tax Court of Canada JudgmentsOn the evidence, he tried to get Mr. Berta to sign exhibits A-1 and A-2, so that he could make a deal with Revenue Canada. [...] [11] In the circumstances it is fair and just to allow the Application. [...] It is therefore fair and just to allow his application. The condition in subparagraph 167(5)(b)(ii) of the Act is thus met.
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6,321.
Gao v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 605 - 2003-05-15
Federal Court Decisions4. Did the Citizenship Judge deny the applicant procedural fairness? [...] Justice and fairness, both for the citizenship applicants and the Minister, require some continuity with respect to the standard of review while the current Act is still in force and despite the end of the de novo trials. [...] [25] Because of my finding on Issue 1, I need not deal with the remaining issues.
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6,322.
Haji v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 528 - 2003-04-29
Federal Court Decisions[11] The applicant also argues the panel's decision on res judicata was a violation of procedural fairness. [...] The applicant argues this is not a correct or fair application of Vasquez, supra. [...] He has argued the Refugee Division demonstrated cultural insensitivity by placing a great deal of importance on inconsistencies with the applicant's name.
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6,323.
Bandyopadhyay v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 42 - 2003-01-17
Federal Court DecisionsFor reasons of procedural fairness, the applicant was assessed as of August 6, 1996, the date of his original application for permanent residence. [...] If that statutory discretion has been exercised in good faith and, where required, in a manner consistent with the principles of natural justice or procedural fairness, and if reliance has not been placed upon considerations irrelevant or extraneous to the statutory purpose, then this Court should not intervene (To v. [...] According to NOC 4212, a Community and Social Services Worker "administers and implements a variety of social assistance programs and community services, and assists clients to deal with personal and social problems."
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6,324.
Kashi v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 1180 - 2001-10-31
Federal Court Decisions(i) un avoir net d'au moins 500 000 $, dans le cas d'un immigrant qui fair un placement visé aux sous-alinéas a)(i) ou (ii), b)(i), c)(i) ou (ii), d)(i) ou (ii) ou e)(i) ou (ii) de la définition de « placement minimal » , [...] b) il a indiqué par écrit au ministre qu'il a fait ou a l'intention de faire un placement; [...] [13] I propose to deal with Issue 2 first. Did the visa officer err in determining that the applicant did not satisfy the definition of investor contained in subsection 2(1) of the Immigration Regulations SOR/78-172 in that he did not establish that he had a net worth accumulated through his own endeavours, of at least
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6,325.
Feng v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 720 - 2001-06-28
Federal Court DecisionsThe visa officer denied this applicant procedural fairness in failing to interview the applicant. [...] Did the visa officer deny the applicant procedural fairness in failing to interview the applicant? [...] [17] Because of my decision on Issue 1, I need not deal with Issues 2 and 3.