11,315 result(s)
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6,401.
1395804 Ontario Ltd. (Blacklock's Reporter) v. Canada (Attorney General) - 2017 FCA 185 - 2017-09-12
Federal Court of Appeal DecisionsThe Federal Court considered the issues before it—here, primarily the issue of fair dealing—to be well-settled in the jurisprudence and, thus, neither novel nor of public significance.
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6,402.
Teti v. Canada (Attorney General) - 2016 FCA 82 - 2016-03-14
Federal Court of Appeal Decisions[7] Before us, the appellant submits that the Federal Court erred in not dealing with particular submissions he made on the standard of review. [...] Fairly, in light of the “no costs” disposition of the Federal Court, the respondent does not ask for costs on appeal.
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6,403.
Panula v. Canada (Attorney General) - 2015 FCA 7 - 2015-01-14
Federal Court of Appeal DecisionsOn November 29, 2012, the Commission, exercising its jurisdiction under paragraphs 41(1)(d) and (e) of the Canadian Human Rights Act, R.S.C. 1985, c. H-6, decided not to deal with the appellant’s complaint that his former employer, the Canada Revenue Agency (and its predecessors), discriminated against him. [...] [5] I also agree with the Federal Court that the Commission’s thirteen month delay does not amount to a violation of the duty of fairness in these circumstances, for the reasons its gave at paragraphs 39-46.
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6,404.
Esho v. The Queen - 2011 TCC 190 - 2011-03-28
Tax Court of Canada Judgments[12] The appellants submit that the line of cases relied on by the respondent dealing with fairness and equity do not apply to compassionate circumstances.
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6,405.
Osmose Pentox Inc. v. Société Laurentide Inc. - 2008 FCA 178 - 2008-05-13
Federal Court of Appeal Decisions[12] In cases dealing with disqualification, we prefer this approach involving an analysis de novo by the court reviewing the order made by the decision-maker whose disqualification is sought. [...] [13] The independence and impartiality of the judiciary lie at the heart of procedural fairness.
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6,406.
Friesen v. The Queen - 2007 TCC 287 - 2007-05-09
Tax Court of Canada JudgmentsPage 6 – The Appellant’s “business” is not to seek a profit, but to negotiate a fair compensation. [...] [4] Neither Notice of Appeal deals in any way with the substance of the assessments or the reassessments allegedly under appeal.
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6,407.
Rudaragi v. Canada (Minister of Citizenship and Immigration) - 2006 FC 911 - 2006-07-25
Federal Court DecisionsFurther, he argues that the Board owed him a higher duty of fairness, and that this Court should scrutinize the Board's decision more closely, due to the government's failure to bring into force the provisions establishing the Refugee Appeal Division: Immigration and Refugee Protection Act, s.c. 2001, c. 27, s. 110. [...] Did the Board fail to take adequate account of a psychological report dealing with Mr. Rudaragi's capacity to testify?
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6,408.
Ali v. Canada (Minister of Public Safety and Emergency Preparedness) - 2005 FC 1099 - 2005-08-11
Federal Court DecisionsThe PRRA opinion accompanying the H & C decision deals with any risk to the Applicant. [...] There is a public interest in having a system which operates in an efficient, expeditious and fair manner and which, to the greatest extent possible, does not lend itself to abusive practices.
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6,409.
Schlegel v. The Queen - 2004 TCC 393 - 2004-06-08
Tax Court of Canada Judgments[3] The view that I take of these forms is that the medical profession has had imposed on it the obligation to deal with these questions, as they are posed in the form, and to answer to the best of their ability questions posed by the Minister. [...] These are based, sometimes fairly accurately and sometimes less so, on the provisions of the legislation.
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6,410.
Bradley-Sharpe v. Royal Bank of Canada - 2001 FCT 458 - 2001-05-10
Federal Court Decisions6. In the underlying matter for which the applicant seeks judicial review, the applicant alleges that she was denied procedural fairness because material witnesses were not interviewed, and alleges that the Human Rights Commission erred in relying on certain evidence that the applicant characterizes as hearsay and "perjured [...] The underlying consideration ... which, it seems to me, must be borne in mind in dealing with any application of this kind, is whether, in the circumstances presented, to do justice between the parties calls for the grant of the extension.
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6,411.
Dabi v. Canada (Minister of Citizenship and Immigration) - 2000-04-06
Federal Court DecisionsHowever, I will be able to work with any other sector that deals with the environment, economy, business and resource management, particularly sustainable development. [...] However, once the visa officer has decided to assess an applicant in a particular occupation, as in this instance, then procedural fairness dictates the visa officer should make this known to the applicant.
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6,412.
National Bank of Canada v. Canada (Minister of Labour) - 1998-06-17
Federal Court of Appeal Decisions[2] Subsection 168(1) stipulates, in effect, that Division XIV of the Code which deals with the right to lay a complaint for wrongful dismissal applies "notwithstanding any other law or any custom, contract or arrangement". [...] [3] Finally, the motions judge rejected an allegation that the employer was denied procedural fairness as a result of a breach of natural justice, such breach consisting in the fact that the employer did not receive two pages that were attached to the employee's complaint as well as a copy of a memo from a Mr. McKnight to
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6,413.
Westwood Shipping Lines Inc. v. Geo International Inc. - 1998-06-09
Federal Court DecisionsThe two outstanding questions on which undertakings were not given deal with sales of the shoes, to whom and at what price. [...] A cross-examination question that is relevant, fair and directed to an issue in the proceeding, or to credibility, is proper: Merck Frosst Inc. v. Canada (1994), 75 F.T.R. 97 at 99 - 100 (T.D.) affirmed, (1994), 169 N.R. 342 (F.C.A.) leave to appeal to Supreme Court of Canada refused (1995), 58 C.P.R. (3d) vii.
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6,414.
Canada (National Revenue, Customs and Excise) v. Anderson - 1997-05-27
Federal Court DecisionsAs a consequence, the definition provision in the Criminal Code contained in Section 2 has been the subject of a fair amount of litigation. [...] Obviously, they deal with offenses, because they are under the Criminal Code.
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6,415.
Chen v. Canada (Citizenship and Immigration) - 2020 FC 111 - 2020-01-23
Federal Court DecisionsDid the RAD breach the Applicants’ right to procedural fairness? 2. [...] Evaluating whether procedural fairness, or the duty of fairness, has been adhered to by a tribunal requires an assessment of the procedures and safeguards required in a particular situation (Moreau-Bérubé, para 74). [...] (1) Breach of Procedural Fairness [40] The Respondent submits that the Applicants’ right to procedural fairness was not breached as the RAD did not raise a new issue in this case.
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6,416.
Rehill v. Canada (Attorney General) - 2011 FC 1348 - 2011-11-23
Federal Court DecisionsHowever, he found that there was also no evidence to show that the SLO failed to act fairly. [...] He added that it is unlikely that the adjudicator possessed the necessary experience or background in dealing with promotion processes or in sitting on labour boards or tribunals. [...] In this case, the procedural fairness that is at issue concerns an alleged apprehension of bias on the part of the SLO, not the procedural fairness of the RFI process.
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6,417.
White v. Canada (Attorney General) - 2011 FC 556 - 2011-05-16
Federal Court Decisionsc) the applicant can fairly and adequately represent the interests of the persons to be represented; [...] [50] Questions of procedural fairness are reviewable on the standard of correctness; see Khosa at para. 43. [...] [79] In dealing with IC07-1, the Director merely cites paragraphs of that document without any discussion of how those paragraphs apply to the Applicant’s circumstances or the countervailing factors.
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6,418.
Ge v. Canada (Citizenship and Immigration) - 2017 FC 594 - 2017-06-16
Federal Court DecisionsThe IAD reasoned that, if no person has been appointed to represent an applicant in dealing with CIC, the applicant has no obligation to provide information on a person who may have assisted him or her. [...] Overseas Processing Manual, Chapter OP-1: Procedures, s. 8 "Procedural fairness" [...] G. If a visa officer demands a response from an applicant for permanent residence in a procedural fairness letter which is premised upon a material misrepresentation of applicable law, has an applicant’s right to procedural fairness been abrogated?
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6,419.
Girouard v. Canada (Attorney General) - 2017 FC 449 - 2017-05-04
Federal Court Decisions[39] It is well known that in his written representations, the applicant did not really deal with this aspect of prematurity or the principle of non-interference by the courts. [...] There is also the fact that he previously went through an inquiry; then there is non-compliance with certain procedural fairness standards. [...] However, he was entitled to the procedural fairness that the Inquiry Committee would enforce.
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6,420.
Canadian National Railway Company v. Louis Dreyfus Commodities Ltd - 2016 FC 101 - 2016-01-28
Federal Court DecisionsCN alleges that this is a breach of procedural fairness and further contends that the Arbitrator committed a jurisdictional error. [...] In this regard, CN has done little more than provide a bald assertion that there was a breach of procedural fairness. [...] When dealing with a judicial review, it is not a matter of requesting the disclosure of any document which could be relevant in the hopes of later establishing relevance.
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6,421.
Simmonds v. Canada (Minister of National Revenue) - 2006 FC 130 - 2006-02-06
Federal Court Decisions[4] Enclosed with Mr. Simmonds' fairness request was an election in respect of the ABIL, as required by the revelant provision of the Act. [...] 2. The fairness decision cannot be appealed, but it is subject to judicial review by this Court. [...] In turn, the Review Committee, when dealing with the issue of the late-filed election wrote that "if this were the only hurdle for the taxpayer to overcome to be able to claim the ABIL, I would give him the benefit of the doubt".
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6,422.
XXXX v. Canada (Minister of Citizenship and Immigration) - 2005 FC 1499 - 2005-11-04
Federal Court DecisionsThe content of the duty of fairness is a matter for this Court to decide. [...] Would he think that it is more likely than not that [the decision-maker], whether consciously or unconsciously, would not decide fairly." [...] As Cory J. notes at para. 92, the scope and stringency of the duty of fairness articulated by de Grandpré depends largely on the role and function of the tribunal in question.
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6,423.
Deol v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 694 - 2001-06-22
Federal Court Decisionsc. Duty of Fairness [20] The applicant submits that the visa officer violated the duty of fairness by not advising the applicant or her father of a bonding program sponsored by the Province of Manitoba Department of Health. [...] The Appeal Division correctly decided the scope of the duty of fairness imposed on visa officers. [...] The government of that place is the only one with power to deal with these activities.
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6,424.
Canada (Information Commissioner) v. Canada (National Defence) - 2008 FC 766 - 2008-06-19
Federal Court Decisions[204] In the alternative, the Court will deal with the exclusions and exemptions claimed with respect to the agendas in this application. [...] (2) Le paragraphe (1) n’oblige pas le responsable de l’institution fédérale à faire état de l’existence du document demandé. [...] b) de faire connaître ce patrimoine aux Canadiens et à quiconque s'intéresse au Canada, et de le rendre accessible;
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6,425.
Canada (Minister of Citizenship and Immigration) v. Fast - 2003 FC 1139 - 2003-10-03
Federal Court DecisionsLa communication de l'avis peut se faire par courrier recommandé envoyé à la dernière adresse connue de l'intéressé. [...] The common factor in the descriptions of the prison chief is his red or fair hair. [...] The photo which we have of Mr. Fast shows his hair to be dark and not fair.