11,315 result(s)
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6,426.
Shirazi v. Canada (Citizenship and Immigration) - 2024 FC 822 - 2024-05-30
Federal Court Decisions[2] Since the reasons to reject the applications for all based on the refusal of the PA’s study permit application, the cases were joined and I deal with them together here. [...] 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 CanLII 699 (SCC), [1999] 2 SCR 817 at paragraphs 21-28 (Canadian Pacific Railway Company at [...] [29] Since I have set aside the Officer's decision because it is unreasonable, it is not necessary to address the procedural fairness issues raised.
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6,427.
Storrs v. M.N.R. - 2019 TCC 38 - 2019-02-20
Tax Court of Canada JudgmentsAs a result, subsection 18.15(3) applies such that this Court is not bound by the rules of evidence when hearing CPP and EIA appeals and shall deal with these appeals informally and expeditiously, while considering the circumstances and fairness. [...] [7] I do not find the fact that the Respondent declined to call a witness from the Payer to testify to have deprived the Appellant of procedural fairness. [...] [53] The Appellant’s monthly remuneration was fairly consistent during the Period, although there were fluctuations.
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6,428.
Cycles Lambert Inc. v. Canada (Border Services Agency) - 2015 FCA 45 - 2015-02-13
Federal Court of Appeal Decisions[16] Issues of procedural fairness are typically reviewed on the standard of correctness. [...] Thus, a failure of a tribunal to execute a “duty” that has been imposed upon it, including a “duty” to issue reasons for its decision could well give rise to issues of procedural fairness. [...] [24] Having found that the first two of those conditions were met, the CITT then proceeded to deal with the third condition in Note III(C), namely, whether the goods were “more specifically included elsewhere in the Nomenclature”.
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6,429.
Drabinsky v. Advisory Council of the Order of Canada - 2014 FC 21 - 2014-01-08
Federal Court DecisionsIn essence, after considering the evidence, ascertaining the relevant facts, and being guided by the principle of fairness, the Council may recommend termination. [...] By contrast, the doctrine of legitimate expectations relates to procedural fairness, not substantive rights (Baker v Canada (Minister of Citizenship and Immigration) (1999), 174 DLR (4th) 193 (SCC), at 212-214). [...] However, in my view, the Council and the Governor General respected the applicable procedures, and provided Mr Drabinsky a fair chance to make submissions opposing the termination of his Order of Canada.
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6,430.
Tahmourpour v. Canada (Canadian Human Right Commission) - 2013 FC 622 - 2013-06-10
Federal Court Decisions(ii) If Mr. Tahmourpour accepts the offer of re-enrollment, the Respondent shall undertake a fair assessment of his skills at the outset of the training program to determine the areas in which training is needed;” [...] “(ii) If Mr. Tahmourpour accepts the offer of re-enrollment, the Respondent shall undertake a fair assessment of his skills at the outset of the training program to determine the areas in which training is needed;” [...] Mr. Tahmourpour also relies generally on the history of the RCMP’s reluctance and delay in implementing the order, and on the vocabulary used by RCMP officials in their dealings with him, which he says showed they viewed him as an applicant rather than a returning cadet.
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6,431.
Sunrise Realty Investments Limited v. The Queen - 2013 TCC 5 - 2013-01-10
Tax Court of Canada Judgments· Appraisals were done multiple times, due to deficiencies and errors in the reports, yet I believe that land value is still not a fair value. [...] To allow production of a document prepared by a purported expert without the opposing party having the opportunity to examine the author of the valuation would not be fair to the other party. [...] [17] In the appeal at bar, I am not dealing with the various matters that were before President Jacket in Marcus.
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6,432.
Talpur v. Canada (Citizenship and Immigration) - 2012 FC 25 - 2012-01-09
Federal Court Decisions[20] Issues of procedural fairness, however, are reviewable under a standard of correctness. [...] As Justice Mosley stated in Rukmangathan v Canada (Minister of Citizenship and Immigation), 2004 FC 284 at para 23, 247 FTR 147, procedural fairness “does not stretch to the point of requiring that a visa officer has an obligation to provide an applicant with a “running score” of the weaknesses in their application”. [...] First of all, the questions purporting to deal with pre and post natal care were extremely technical in nature.
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6,433.
Newberry v. Canada (Public Safety and Emergency Preparedness) - 2011 FC 1261 - 2011-11-03
Federal Court Decisions[21] In any event, the section 10 factors, taken into account by the international community with respect to the transfer of prisoners from one jurisdiction to another, are fairly new, and fairly fluid ... [...] As the CSC assessment had not been shared with the applicant, the Court found that a breach of procedural fairness had occurred. [...] As that information was shared with the Applicant, no breach of procedural fairness has occurred in this matter.
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6,434.
Kalombo Kabongo v. Canada (Citizenship and Immigration) - 2011 FC 1106 - 2011-09-28
Federal Court DecisionsThese two components go hand in hand and ensure that the fairness and integrity of the Canadian refugee protection system is maintained: Osorio v. Canada (Minister of Citizenship and Immigration), 2005 FC 1459, [2005] F.C.J. 1792; Sandoval v. Canada (Minister of Citizenship and Immigration), 2008 FC 211, [2008] F.C.J. 263. [...] Accordingly, it seems fair to say that, in refugee claims involving the RPD, the panel need not prepare written reasons in advance unless it has decided before the hearing to reject a claimant’s refugee claim. [...] Also, I will not deal with the applicant’s other grounds for setting aside the decision.
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6,435.
Velez v. Canada (Citizenship and Immigration) - 2010 FC 923 - 2010-09-15
Federal Court Decisionsiii. breaching the principles of procedural fairness and natural justice by specifically identifying only two issues towards the end of its hearing and then basing its decision on other issues that had been implicitly excluded; and [...] C. Did the RPD err by breaching the principles of procedural fairness and natural justice by specifically identifying only two issues during its hearing and then basing its decision on other issues that had been implicitly excluded? [...] The Applicants further submit that, after having implicitly communicated to them that it was not concerned with these three issues, it was a breach of fairness and natural justice for the RPD to then reject their claims on the basis of conclusions reached with respect to these issues.
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6,436.
Kerr v. Canada (Attorney General) - 2008 FC 1073 - 2008-09-23
Federal Court DecisionsThe third review was to deal with interest and penalties (which are normally dealt with under the fairness provisions of the Act) as well as relief from Part X.1 Tax. [...] Whether Third Review was Procedurally Fair [47] CRA was obliged to conduct the third review in a procedurally fair manner. [...] [53] These failures breached the duty of procedural fairness owed to the Applicant.
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6,437.
Dutiaume v. Canada (Attorney General) - 2008 FC 990 - 2008-09-04
Federal Court DecisionsProcedural fairness questions and the proper interpretation of section 41 are reviewable on a standard of correctness. [...] The respondent noted that while informal resolution is an important aspect of dealing with the offence, it is not a mandatory step (Knight above at paragraph 16). [...] [29] Therefore, the issue of the chairperson’s failure to appreciate his duty to ensure informal resolution is reviewable on a standard of correctness as it is a question of procedural fairness.
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6,438.
Charkaoui, Re - 2005 FC 149 - 2005-02-01
Federal Court DecisionsIn her view, this amounts to a breach of procedural fairness and thus of the principles recognized by section 7 of the Charter. [...] There is no infringement of procedural fairness that cannot be remedied (if such is the case). [...] Moreover, we are dealing here with immigration law, not the criminal law.
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6,439.
Wanderingspirit v. Marie - 2003 FCT 670 - 2003-05-29
Federal Court Decisions[38] In a statement of policy, a band council resolution of February 8, 2002 confirms and I quote: "The customs and traditions of the SRFN require democratic, fair and open elections of the leadership". [...] They agree that customs and traditions require democratic, fair and open elections, but argue that a simple majority of a quorum of forty electors at a meeting called for any purpose by the band council prevails over any pre-existing custom. [...] [48] Not only was the purported election of the respondents on November 3, 2002 not conducted in accordance with the election customs of the SRFN, the entire process breached the most fundamental principles of natural justice and fairness.
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6,440.
Tehrankari v. Canada (Correctionnal Services) - 2001 FCT 845 - 2001-07-31
Federal Court DecisionsThere, the applicant was aware of the grounds for the decision; he was able to put forward a defence; and, he was able to challenge the sources of information in a fair hearing. [...] The applicant adduced no evidence that the Board ignored the information available to it, nor that it denied the applicant procedural fairness. [...] The applicant has not provided evidence that the Board acted contrary to the rules of procedural fairness, nor that he was subjected to unreasonable determinations.
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6,441.
Woo v. Canada (Minister of Citizenship and Immigration) - 2000-12-15
Federal Court Decisionsiii) deny the Applicant procedural fairness in the Muliadi sense in that the visa officer relied upon a memo that was not shown to the Applicant. [...] In my view, the visa officer did not, in the circumstances, breach the duty of fairness. [...] 25. It is submitted that fairness did not require the visa officer to share the educational assessment memorandum with the Applicant.
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6,442.
Tremblay v. The Queen - 2000-08-24
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 [...] The conclusion sought by the appellant would imply that this Court should essentially rely on fairness in reaching its determination.
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6,443.
Peter v. Canada (Public Safety and Emergency Preparedness) - 2014 FC 1073 - 2014-11-13
Federal Court DecisionsThey find their meaning in the cases and traditions that have long detailed the basic norms for how the state deals with its citizens. [...] It captures all possible forms of conduct, behaviour, actions, dealings, and usage. [...] Consequently, the removal process did not deal specifically with risk.
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6,444.
Prudential Steel ULC v. Canada (Attorney General) - 2015 FC 1077 - 2015-09-16
Federal Court DecisionsI am advised by Counsel that all of these applications are contested and are at the stage of dealing with evidentiary and procedural matters. [...] [27] There is no doubt that in respect of CBSA we are dealing with a “federal board, commission or other tribunal.” No party has raised an issue as to whether the application was filed in a timely manner; it appears to have been filed promptly. [...] [36] Dealing with the first ground, one must distinguish between a re-investigation which is in the nature of an inquiry process, and a re-determination which is a decision that may result from that inquiry process.
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6,445.
Abrametz v. The Queen - 2014 TCC 227 - 2014-07-17
Tax Court of Canada JudgmentsIf Mr. Abrametz felt that the excerpts from the Written Examinations for Discovery did not fairly reflect the questions posed by the Respondent or his responses he could easily have included additional excerpts in his affidavit. [...] Mr. Abrametz’s concern that the Respondent did not submit evidence dealing with the primary issues is similarly flawed. [...] I will deal the Respondent’s question of law as it relates to each of these subsections in turn.
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6,446.
Eli Lilly and Company v. Apotex Inc. - 2011 FC 1143 - 2011-10-06
Federal Court Decisionswere filed by the parties and Apotex insisted on an oral hearing which ended up taking place in three stages just to deal with the issues raised with respect to Eli Lilly’s costs. [...] • [10] Thus, I felt that if I waited any longer to deal with such matter, I would risk forgetting the details that enable me to properly exercise my discretion and, in particular, to see through the skilful rhetoric of the experienced lawyers involved. [...] • [69] That said, the Court can now deal with the disbursements and fees for the pre-April 4, 2008 period.
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6,447.
Campbell v. M.N.R. - 2008 TCC 170 - 2008-03-28
Tax Court of Canada Judgments(b) if the employer is, within the meaning of that Act, related to the employee, they are deemed to deal with each other at arm’s length if the Minister of National Revenue is satisfied that, having regard to all the circumstances of the employment, including the remuneration paid, the terms and conditions, the duration and [...] In fairness, the Crown did not ask me to consider whether the evidence might not have been entirely truthful. [...] Paragraph 5(3)(b) requires it be “reasonable to conclude that [the employer and the employee] would have entered into a substantially similar contract of employment if they had being dealing with each other at arm’s length” (emphasis added).
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6,448.
Breslaw v. Canada (Attorney General) - 2005 FCA 355 - 2005-10-28
Federal Court of Appeal Decisions[29] It is not necessary to spend a great deal of time with respect to the first issue. [...] Section 18.24 of the Tax Court of Canada Act deals with appeals from orders of the Tax Court: [...] [45] That deals with the procedural issue. On the substantive issue, the onus is on the Minister to establish misrepresentation by wilful default or neglect.
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6,449.
Canada (Minister of Citizenship and Immigration) v. Romans - 2005 FC 435 - 2005-04-01
Federal Court Decisions[1] This is a sad and difficult case - one that has clearly strained the ability of the immigration system to deal with individuals suffering from serious mental disabilities. [...] [36] There is also discretion for a court to deal with a case in certain circumstances, notwithstanding the fact that it may be moot. [...] [54] Fundamental justice requires that a fair balance be struck between the interests of the person who claims that his liberty has been affected and the protection of society.
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6,450.
Sandy Bay Ojibway First Nation v. Canada (Minister of Indian and Northern Affairs) - 2004 FCA 229 - 2004-06-11
Federal Court of Appeal DecisionsAs a result, appeals dealing with the election held on November 19, 2002 could not be disposed of. [...] In article 2.5(a) of the amendment, which deals with the "Band Custom Election Act Revision," the Co-Manager of the First Nation is informed that he [...] In addition, counsel submits, rules of procedural fairness were infringed, the Minister's decision having been made prior to the expiration of the deadline which, according to counsel, had been extended to March 31, 2003.