11,315 result(s)
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6,351.
Canada (Citizenship and Immigration) v. Ishmael - 2007 FC 212 - 2007-02-27
Federal Court DecisionsNatural justice is a general concept that guarantees a process by which a person is afforded minimum fairness requirements. [...] This entails a specific fairness assessment of that which is warranted in the circumstances. [...] A procedural fairness assessment consists of the setting of a fair procedure; while natural justice is the overall barometer reading to determine whether the person was afforded minimum fairness requirements.
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6,352.
Mwakotbe v. Canada (Minister of Citizenship and Immigration) - 2006 FC 1227 - 2006-10-16
Federal Court Decisions2. Is the content of the duty of fairness owed by the PRRA officer to the applicant heightened once the Board breaches the duty of fairness owed to the applicant? [...] It was submitted that the content of the duty of fairness owed by a second tribunal (i.e. the PRRA officer) is heightened once a first tribunal (i.e. the Board) breaches the duty of fairness and the second tribunal is in a position to cure that defect. [...] [35] Because of this finding, I need not deal with the state protection issue.
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6,353.
Imperial Tobacco Canada Limited v. The Queen - 2013 TCC 144 - 2013-04-15
Tax Court of Canada Judgments[16] I will first deal with the Respondent’s request to cross-examine on the Affidavit of Documents. [...] However, waiver may also occur in the absence of an intention to waive, where fairness and consistency so require. [...] The law then says that in fairness and consistency it must be entirely waived. . . .
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6,354.
Brown v. Canada (Citizenship and Immigration) - 2020 FCA 130 - 2020-08-07
Federal Court of Appeal Decisions(e) Procedural fairness 136 VI. Judicial oversight 150 VII. Conclusion [...] This is readily demonstrated by three analogous situations: section 24(2) of the Charter, pre-trial detention or bail provisions, and the provisions of the Criminal Code dealing with release pending appeal of a conviction. [...] The Court must still examine whether the duty of fairness has been fulfilled.
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6,355.
Laurentian Bank of Canada v. The Queen - 2020 TCC 73 - 2020-08-21
Tax Court of Canada JudgmentsTransaction fees typically paid to secure $100,000,000 financing deals were considered, including financing deals made through share issuances. [...] When dealing with interest expenses, the task can be objectified readily. [...] While it may be true, as suggested in Mohammad, that paying fair market value for something is prima facie reasonable, I am unable to agree with the Crown that it necessarily follows that paying more than fair market value is unreasonable.
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6,356.
Canadian Human Rights Commission v. Air Canada - 2004 FCA 113 - 2004-03-18
Federal Court of Appeal DecisionsIt deals with personnel and wage matters. It is applicable to Air Canada employees and unions and makes no distinction between different groups of employees. [...] Rather, there are many policies which deal with wages and personnel matters, many of which, if not most, are found in collective agreements in unionized workplaces. [...] [116] The Commission explained (Appeal Book, Volume I at 169) that one rationale for this new approach was to deal with
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6,357.
CKUA Radio Foundation v. M.N.R. - 2001-04-28
Tax Court of Canada JudgmentsSince she was fairly new to the job at that time, Bornn spoke with her concerning the creation of a program known as Community Calendar which was designed to serve as a vehicle for the sponsors' advertising spots. [...] Even in dealing with the CKUA sales representatives, Bornn stated she would provide Burton with a referral but could not - and did not - instruct her to call on any potential advertiser at a specific time and date. [...] That conduct is not consistent with what one would normally expect to see when dealing with the termination of a business relationship entered into with an independent contractor.
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6,358.
Simser v. The Queen - 2003 TCC 366 - 2003-05-22
Tax Court of Canada JudgmentsI will now deal with their submissions in respect of the alternative positions taken by the appellant. [...] [80] Later in his judgment, while dealing with the issue of the comparative approach, Binnie J. commented at pp. 729-730: [...] In fact, the inclusion of the grant in income is consistent with the duties and obligations of all persons to pay a fair share of tax on income.
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6,359.
Khayati v. Canada (Citizenship and Immigration) - 2024 FC 1402 - 2024-09-09
Federal Court Decisions[4] What telephone number was used by the visa officer and to whom he or she spoke are not clear, however, on October 27, 2022, Mr. Khayati received a procedural fairness letter [PFL] from the visa officer indicating: [...] [12] Mr. Khayati asserts a breach of procedural fairness, claiming that the PFL was not adequate in identifying the visa officer’s concern with sufficient clarity to provide Mr. Khayati with a meaningful opportunity to respond. [...] Two of those employees were also mentioned as employees in the written statement provided in response to the CIC’s fairness letter; and
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6,360.
GCT Canada Limited Partnership v. Vancouver Fraser Port Authority - 2020 FC 970 - 2020-10-15
Federal Court Decisions[2] The history and context for GCT’s application for judicial review is set out in previous decisions dealing with other motions (see 2019 FC 1147 and 2020 FC 348). [...] [8] In support of its Rule 318 motion objecting to the disclosure provided by VFPA, GCT filed an affidavit detailing the categories of documents not produced by VFPA, which GCT says are relevant and necessary for a fair determination of the issues raised by its application for judicial review. [...] At this stage, however, I am not persuaded that any such disclosure is required in order for the Court to fairly hear and decide GCT’s motion under Rule 318.
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6,361.
Marcia v. Canada (Attorney General) - 2016 FC 1367 - 2016-12-09
Federal Court DecisionsMs Marcia went to his office and was told that he would not discuss it and that her superior would deal with her. [...] [24] Any breach of procedural fairness will be reviewed on a correctness standard (Canada (Citizenship and Immigration) v Khosa, 2009 SCC 12 at para 43). [...] There was no breach of procedural fairness in not allowing new evidence before the Appeal Division.
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6,362.
Baptiste v. 3903214 Canada Inc. (GT Group) - 2015 FC 648 - 2015-05-19
Federal Court DecisionsIn the meantime, the parties’ lawyers learned that Jean Boily had been named as the adjudicator to deal with the applicant’s federal complaint. [...] In my view, that would constitute a denial of procedural fairness. The standard of review applicable to a question of procedural fairness is correctness: Canada (Citizenship and Immigration) v Khosa, 2009 SCC 12 at para 43; Exeter v Canada (Attorney General), 2014 FCA 251 at para 31. [...] (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;
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6,363.
Herrera v. Canada (Citizenship and Immigration) - 2015 FC 261 - 2015-03-02
Federal Court Decisions[5] The applicants submit that the Delegate improperly assessed the degree of their establishment in Canada, erroneously analyzed the best interests of a child criterion, erred in her review of the hardship associated with a return to Mexico and breached the principles of procedural fairness by giving little or no weight to [...] [28] The alarming situation described in the article quoted by the applicants at paragraph 54 of their memorandum on the situation of children in Mexico, which was not brought to the Delegate’s attention, does not appear to me to reflect the reality of the children of Mr. Herrera and his spouse insofar as it deals primarily [...] [34] Last, this must be also be the case for the argument that the Delegate breached the principles of procedural fairness by giving little or no weight to some of the evidence without providing reasonable grounds.
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6,364.
Kippax v. Canada (Citizenship and Immigration) - 2014 FC 429 - 2014-05-06
Federal Court DecisionsAt that time, the Member described the case that the applicant was a flight risk as “fairly weak”, and that the main danger posed was related to the operation of a motor vehicle, which would be controlled through the release conditions. [...] [14] As was noted in Canada (Minister of Citizenship and Immigration) v Thanabalasingham, 2003 FC 1225 at para 42, [2003] FCJ no 1548; aff’d 2004 FCA 4, members of the ID have more knowledge and expertise than this Court in dealing with certain of the criteria set out in the Regulations. [...] However, at paragraph 30 of her reasons she had commented on the necessary inquiry as involving consideration of the competing interests of the finality of tribunal decisions and fairness to the applicant.
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6,365.
Vaguedano Alvarez v. Canada (Citizenship and Immigration) - 2011 FC 667 - 2011-06-09
Federal Court DecisionsThe Applicant takes the view that the Officer merely sets out the history of the Applicant’s dealings with CIC followed by a short paragraph which does not serve to justify or explain the refusal. [...] [36] As sympathetically as the Applicant pleads his case, the level of procedural fairness required in this context is rather low. [...] That he failed to leave Canada because he misunderstood the provisions of the IRPR is unfortunate, but does not raise a breach of procedural fairness in the context of sufficiency of reasons.
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6,366.
Canada (National Revenue) v. Douville - 2009 FC 986 - 2009-10-02
Federal Court Decisionsc) obliger une personne à faire un paiement, conformément au paragraphe 224(1); [...] d) obliger une institution ou une personne visée au paragraphe 224(1.1) à faire un paiement, conformément à ce paragraphe; [...] Brough may well have appeared less than open and truthful in his dealings with representatives of the department and he may well have perceived the officers as less than fair and cooperative.
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6,367.
Li v. Canada (Citizenship and Immigration) - 2009 FC 992 - 2009-10-01
Federal Court DecisionsIn a case where there is no rehabilitation, and no remorse, then it is fairly clear that this individual may well, impart his values on his children as he is charged with their education. [...] [18] Although it is not strictly necessary to deal with the IAD’s assessment of the best interests of the children, this is a sufficiently important consideration that it bears some scrutiny. [...] There was far more evidence of Mr. Li’s positive contributions to the welfare of his children than is fairly captured by his acknowledged role as a financial contributor to the household.
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6,368.
Apotex inc. v. Canada (Health) - 2009 FC 452 - 2009-05-05
Federal Court Decisionsc. Whether there was unfairness in the system used by the Minister, particularly as there was a legitimate expectation of improvement and fair treatment in the system as well as of an external appeal, all of which is said to flow from a Settlement Agreement. [...] [22] The issues of intelligibility of the reasons and of legitimate expectation are matters of fairness. [...] In order to assist manufacturers and sponsors in satisfying the Minister, the department has issued the Report B Guidelines which deal with the methodology for bioequivalence studies for enteric-coated drugs.
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6,369.
Marchand v. The Queen - 2008 TCC 399 - 2008-06-27
Tax Court of Canada Judgments(c) a person with whom the person was not dealing at arm’s length, a) son époux ou conjoint de fait ou une personne devenue depuis son époux ou conjoint de fait; [...] (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 [...] In the alternative, the Respondent submits that the Appellant was enriched by these money transfers and therefore did not provide consideration equal to the fair market value of the amounts transferred.
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6,370.
Patel v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1055 - 2005-08-03
Federal Court Decisions[9] 1. Did the H & C officer breach his duty of procedural fairness by failing to consider the best interests of the child? [...] Did the H & C officer breach his duty of procedural fairness by failing to consider the best interests of the child? [...] [34] Because of this finding, I need not deal with the other issues raised by the applicants.
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6,371.
Xu v. Canada (Minister of Citizenship and Immigration) - 2005 FC 970 - 2005-07-11
Federal Court Decisions[2] Did the panel err in determining the Applicant's credibility, base its decision on erroneous findings of fact or law, err in its application of the exclusion clause 1F(b) of the Convention, or otherwise fail to observe a principle of natural justice or procedural fairness in reaching its determination that the Applicant [...] These two first determinations are inextricably linked and I shall deal with them together. [...] Procedural fairness [30] The panel provided ample opportunity for counsel for the Applicant to make submissions on the point of whether the Applicant's alleged crime should be classified as a serious one.
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6,372.
Dello v. The Queen - 2004 TCC 754 - 2004-12-01
Tax Court of Canada JudgmentsUltimately it boils down to a consideration of simple fairness, common sense and the interest that the courts have that justice be done. [...] Considerations of simple fairness and common sense and the interest in having justice done also favour the appellant in the present motion. [...] Après l'échange des actes de procédure, les parties devraient savoir exactement quels points sont en litige et la preuve que chacune d'elles devra faire.
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6,373.
Akram v. Canada (Minister of Citizenship and Immigration) - 2004 FC 826 - 2004-06-08
Federal Court Decisions[7] Did the respondent breach the duty of fairness in failing to provide the applicant with notice of changes that had taken place in the legislation before denying his application? [...] [9] The applicant submits that the visa officer breached the principles of procedural fairness in not notifying him of the new criteria that applied to his application under IRPA and the new Regulations, so that he could have attempted to satisfy this criteria prior to the visa officer making her decision on his [...] [10] The respondent's position is that the visa officer did not breach the duty of fairness in assessing the applicant's application under IRPA and the applicant has not demonstrated any other reviewable error in processing his application pursuant to the selection criteria set out in IRPA. The respondent maintains that
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6,374.
Sidhu v. Canada (Minister of Citizenship and Immigration) - 2004 FC 39 - 2004-01-13
Federal Court Decisions(b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe; [...] As no clear reasons were given for rejecting such evidence, the applicant submits that his right to procedural fairness has been violated. [...] [28] The Federal Court of Appeal noted in Liyanagamage v. Canada (Minister of Citizenship and Immigration) (1994), 176 N.R. 4 (F.C.A.), that a proposed question should be certified only when it deals with issues of broad significance of general application which transcend the immediate interests of the parties.
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6,375.
Tekin v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 357 - 2003-03-27
Federal Court Decisions1. Did the Board err in law or fact and breach the principles of fairness or natural justice in determining that the Applicant was not credible in certain respects? [...] Issue #1: Did the Board err in law or fact and breach the principles of fairness or natural justice in determining that the Applicant was not credible in certain respects? [...] The Board, albeit without referring specifically to the counsel's statements, stated in the section of its decision dealing with this discrepancy, that the "claimant is an educated man, who affirmed the accuracy of his PIF before it was entered into evidence."