11,315 result(s)
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6,701.
Arshad v. Canada (Citizenship and Immigration) - 2018 FC 510 - 2018-05-15
Federal Court DecisionsOn May 5, 2016, after the Applicant’s wife tried to sponsor him, Citizenship and Immigration Canada (CIC) sent a procedural fairness letter to the Applicant explaining that his spouse was ineligible to act as a sponsor because she receives social assistance for their son’s medical condition, and that he could submit further [...] [8] On June 2, 2016, the Applicant’s counsel responded to the procedural fairness letter and requested H&C consideration. [...] [27] These reports were submitted as supplementary information for the H&C application and are noted in the application under heading #10 that deals with the BIOC. It is reproduced below:
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6,702.
S.M.N. v. Canada (Citizenship and Immigration) - 2017 FC 731 - 2017-07-27
Federal Court DecisionsSMN does not allege that Justice Noël’s order of May 9, 2017 gives rise to an issue of procedural fairness. [...] His reticence raised legitimate doubts regarding his past and whether he had been forthright in his dealings with Canadian officials. [...] a) directement ou indirectement, faire une présentation erronée sur un fait important quant à un objet pertinent, ou une réticence sur ce fait, ce qui entraîne ou risque d’entraîner une erreur dans l’application de la présente loi;
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6,703.
M.Y. v. Canada (General Attorney) - 2016 FCA 170 - 2016-06-07
Federal Court of Appeal Decisions[3] With respect to the first issue raised by the appellant, that is, that the Board violated its duty of procedural fairness, the appellant is not challenging the standard of review chosen by the judge. [...] It should also be noted that in section 24 of the manual, which deals more specifically with the revocation of such a suspension, the Board indicates that even when considering a new conviction under paragraph 7(a), it considers information that suggests a significant disregard for public safety and order and/or laws and [...] [23] I also note that the requirement to obtain representations from M .Y. under the Act does not imply that it is M. Y. who has the burden of establishing his good conduct; rather, it reflects the Board's duty of procedural fairness (see also subsections 4.2(2) and (3) of the Act).
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6,704.
Akomolafe v. Canada (Citizenship and Immigration) - 2016 FC 472 - 2016-04-27
Federal Court Decisions[7] The Applicant further argues that the Officer breached the duty of procedural fairness by failing to ask the Applicant to respond to the Officer’s concerns regarding his trips to England. [...] [10] Questions of procedural fairness are assessed on the correctness standard (Li, at para 17). [...] [20] The Applicant explained in his “affidavit on purpose of visit” that he intends to studying at Centennial College to develop his “analytical, organizational and management skills” and that “studying in Canada will also help me to develop the skill needed to deal with ever-changing Business World.” He also explained in
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6,705.
Amjad v. Canada (Citizenship and Immigration) - 2015 FC 385 - 2015-03-26
Federal Court DecisionsBased on this material, an IMS Client Summary was prepared comprising several pages in which the child’s medical condition was reviewed, his special education needs considered, and an estimated annual cost of care needed was produced; this together with a so-called fairness letter inviting submissions from the Applicant was [...] [10] The submissions of the Applicant, in response to the fairness letter, does provide information as to the Applicant’s net worth, and shows that the Applicant contacted, by e-mail, several private sector service providers, two of whom responded but only to provide an acknowledgment and contact information. [...] Stratas J.A. of the Federal Court of Appeal in Lemus v Canada (Minister of Citizenship and Immigration), 2014 FCA 114 wrote a very careful decision dealing with both cases and concluding that “in this case” before that Court, the controlling authority was Alberta Teachers.
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6,706.
Thompson v. Canada (Citizenship and Immigration) - 2015 FC 379 - 2015-03-25
Federal Court DecisionsHe asserted that his drug dealing activities were small-time and tolerated by the Bloods. [...] II. Was there a denial of procedural fairness by the Member’s refusal to hear the evidence of Mr. Clarke? [...] [21] I find that there was no lack of procedural fairness or denial of natural justice in the refusal to issue a summons to Mr. Clarke.
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6,707.
Russell v. Commissioner of Royal Canadian Mounted Police - 2013 FC 755 - 2013-07-05
Federal Court DecisionsIt is designed to ensure fair play and to minimize favouritism so that the best qualified person gets the job. [...] [21] The coversheet of the decision states it deals with the “removal and re-insertion of candidate in process” and failure on the part of the CDRO (Career Development Resources Office) “to consider relevant information” and that the CDRO was in conflict of interest. [...] I consider this to be a fair and reasonable suggestion. ORDER FOR REASONS GIVEN;
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6,708.
Doncaster v. Canada - 2012 FCA 38 - 2012-02-03
Federal Court of Appeal DecisionsAs with all procedural and structural decisions, the fundamental objective in determining whether to grant an adjournment involves its impact on the fairness of the trial. [...] These were mostly invoices dealing with cost of goods sold to the Company and had nothing to do with the Company’s G.S.T. collected on sales. [...] However, in my respectful view, in the particular circumstances of this case, the refusal of the Tax Court judge to adjourn the Tax Court proceeding to enable Mr. Doncaster to take steps to obtain the documents was an improper exercise of discretion because it denied Mr. Doncaster a fair opportunity to produce potentially
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6,709.
Baribeau v. The Queen - 2011 TCC 125 - 2011-02-28
Tax Court of Canada JudgmentsThe evidence as to admissions, we also had an admission that, in December 2003, the fair market value of the shares was $0.40 at that time. [...] That is understandable given that his background and expertise is in the rough and tumble world of prospecting, diamond drilling and dealing with mining properties. [...] At the time of disposition, the prospector must include in his or her income an amount corresponding to the lesser of the fair market value of the shares at the time of exchange or at the time of disposition . . .
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6,710.
Osborne v. Canada (Attorney General) - 2010 FC 673 - 2010-06-22
Federal Court Decisions[17] In Sandler v. Canada (Attorney General), 2010 FC 459, [2010] F.C.J. No. 541, Justice O’Reilly indicated that this Court “can overturn the Minister's decision under the fairness provision only if it was unreasonable, in the sense that it falls outside the range of possible acceptable outcomes based on the facts and the [...] [19] The difficulty with this matter is that Mr. Osborne did not take personal responsibility for his tax affairs until recently and placed undue reliance on a third party, his accountant, to deal with them. [...] [20] In my view, the Minister’s delegate observed the principles of procedural fairness and did not err in the sense contemplated by subsection 18.1(4) of the Federal Courts Act in making the decision.
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6,711.
Lamothe v. The Queen - 2008 TCC 13 - 2008-01-11
Tax Court of Canada Judgments(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 [...] All that is required is that the husband should so deal with the property as to divest himself of it and vest it in his wife, that is to say, pass the property from himself to her.
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6,712.
Myle v. Canada (Citizenship and Immigration) - 2007 FC 1073 - 2007-10-18
Federal Court DecisionsOn the other hand, breaches of natural justice or procedural fairness are beyond the functional and pragmatic approach to judicial review (C.U.P.E. v. Ontario (Minister of Labour), [2003] 1 S.C.R. 539, 2003 SCC 29). [...] [14] In this case, however, the complaint is not that the panel breached procedural fairness by relying on updated documents and independent internet research, without providing her with an opportunity to respond (Zamora v. Canada (Minister of Citizenship and Immigration), 260 F.T.R. 155, 41 Imm. L.R. (3d) 276, 2004 FC 1414 [...] However, when time and time again this Court grants judicial review on the same point, the Board must deal with those issues squarely.
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6,713.
Kogo v. Canada (Minister of Citizenship and Immigration) - 2006 FC 325 - 2006-03-14
Federal Court Decisions[18] I propose to deal with the following arguments raised by the applicant at the hearing: [...] (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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6,714.
Prayogo v. Canada (Citizenship and Immigration) - 2005 FC 1508 - 2005-11-07
Federal Court DecisionsA. Did the Board exhibit a reasonable apprehension of bias and deny the Applicant procedural fairness in the conduct of the hearing of the Applicant's refugee claim? [...] A. Did the Board exhibit a reasonable apprehension of bias and deny the Applicant procedural fairness in the conduct of the hearing of the Applicant's refugee claim? [...] I will deal with each of these findings in turn. [17] The Applicant argues that the Board's entire factual findings are irreparably tainted by the fact that it erroneously believed the Applicant to a be a person of Chinese descent.
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6,715.
Garvey v. Meyers Transport Ltd. - 2005 FCA 327 - 2005-10-13
Federal Court of Appeal DecisionsConsequently, he claimed, the Commission had denied him procedural fairness since it had not given him an opportunity to comment. [...] In light of this, the application judge concluded that it was reasonable that the Commission did not deal with the allegation of discrimination based on disability. [...] [19] The question to be determined therefore is whether, on the facts of this case, the duty of fairness required the investigator to advise the appellant that the investigator would wait for a given number of days to allow him to submit a letter from his doctor.
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6,716.
Yankson v. The Queen - 2005 TCC 527 - 2005-08-25
Tax Court of Canada Judgments[15]I will deal with the question of "commute" first. The word "commute", in the context under consideration, has been defined as follows: [...] [16]The words "faire la navette" are defined by Le Nouveau Petit Robert as: [...] faire régulièrement l'aller-retour entre deux lieux déterminés. « Il faisait la navette entre Londres et Vienne »
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6,717.
Tessma v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 427 - 2003-04-10
Federal Court Decisions[14] In summary, the principle set out in this line of cases, some of which are fairly current cases, but which are based on pre-RJR-MacDonald cases, is that for a stay to be granted a continuation must cause prejudice to the applicant for the stay and that the stay must not be unjust to the party opposing it. [...] [19] While the Federal Court, has from time to time and even fairly currently applied different standards to a stay, involving parallel proceedings, even parallel proceedings in the Federal Court itself, I believe the case law now requires the application of the three part RJR-MacDonald test when at issue are two parallel [...] Against the Respondent's view are the concepts espoused by Mr Justice Heald, in Powderface and by Mr Justice Hugessen, in Poitras, that dealing with two actions simultaneously, with the possibility of different outcomes and with duplicity in itself causing a serious harm, the present Applicant, not by his own choice, but
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6,718.
MacDonald v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 324 - 2003-03-19
Federal Court Decisions[10] Counsel for the Applicant identified the issues before the Court as mootness, procedural fairness in arriving at the decision under review and reasonableness of the decision under review. [...] In the result, the issues of procedural fairness and reasonableness were not considered. [...] In this regard, my conclusion is at odds with the conclusion I adopted in Nikolayeva v. Canada (Minister of Citizenship and Immigration)[8], where I determined to deal with the substance of an application for judicial review notwithstanding my conclusion that it was moot in light of the enactment and coming into force of
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6,719.
Potash Corp. of Saskatchewan Inc. v. The Queen - 2003-01-28
Tax Court of Canada Judgments3. The Bill of Rights, paragraph 2(e) entitles the Appellant to a "fair hearing". [...] It is not necessary to deal with the Bill of Rights argument. [20] On the evidence described, the Respondent is not surprised. [...] For this reason, in the words of Bowman, J. in Continental Bank Leasing Corporation v. The Queen, 93 DTC 298 at 302, and according to the common law, the amendments should be allowed in "fairness, common sense and the interest that the Courts have that justice be done".
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6,720.
Kanakulya v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 1063 - 2002-10-11
Federal Court Decisions[24] I will deal with the applicant's argument that the assessment on certain findings of fact was done in a perverse or capricious manner or without regard to the material before it. [...] PROCEDURAL FAIRNESS - OPPORTUNITY TO RESPOND [32] With respect to the third argument that the CRDD erred in concluding that safe houses did not exist in the year 2000 without giving the applicant the opportunity to refute or express his point of view on this matter, I am of the opinion that the Board was not under such [...] The applicant has failed to satisfy the Court that he was denied procedural fairness, that some findings of fact were made in a perverse or capricious manner or without regard to the material before it, or that he was subjected to a more stringent burden of proof than required.
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6,721.
Chen v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 1312 - 2001-11-29
Federal Court DecisionsThree concern the panel's dealing with documentary evidence. The applicant submits that the panel erred by failing to provide her, prior to the hearing, with a copy of a Response to Information Request prepared by the IRB, which, in discussion of difficulties for religious communities in China, contained no reference to [...] It is urged before me that untimely disclosure of the report violated her right to a fair hearing. [...] [15] The applicant claims she was denied a fair hearing since the first report, relied upon by the panel to her prejudice, was available but not disclosed to her prior to the hearing.
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6,722.
Linde v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 739 - 2001-07-03
Federal Court DecisionsJustice 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. [...] (16) The history of the jurisprudence of this Court in dealing with citizenship appeals with regards to residence requirements, may be perceived as falling into two or more classifications. [...] or unusual hardship in the applicant's case, failed to inquire into the special circumstances of the applicant's case at her citizenship hearing, and failed to exercise his discretion in accordance with the requirements of principles of fairness, particularly, since she was not represented by counsel at her interview.
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6,723.
Duval v. The Queen - 2001-03-06
Tax Court of Canada JudgmentsAs he had enjoyed a great deal of free time to get involved in other activities, he testified, he had made considerable efforts to start up a new business or obtain various contracts that would turn to account his knowledge as a consultant. [...] The Court must dispose of the appeal not intuitively or on the basis of fairness, but essentially on the strength of the facts and not based on assumptions drawn from the supporting documentation. [...] The ideal is to exercise tight control over both components and to seek to strike a fair balance.
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6,724.
Bell Canada v. Us West, Inc. - 2001 FCT 69 - 2001-02-14
Federal Court Decisions(d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or [...] [12] I intend to proceed in accordance with the main headings proposed by the plaintiff and deal under each heading with the defences of the three defendants, both as to striking out and as to particulars. [...] a) faire une déclaration fausse ou trompeuse tendant à discréditer l'entreprise, les marchandises ou les services d'un concurrent . . .
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6,725.
Serge Lemay Inc. v. Demangeon - 2001-01-26
Federal Court Decisions(3) The Minister may extend the period of time referred to in subsection (2) where the Minister is satisfied that a complaint was made in that period to a government official who had no authority to deal with the complaint but that the person making the complaint believed the official had that authority. [...] 241. (1) La personne congédiée visée au paragraphe 240(1) ou tout inspecteur peut demander par écrit à l'employeur de lui faire connaître les motifs du congédiement; le cas échéant, l'employeur est tenu de lui fournir une déclaration écrite à cet effet dans les quinze jours qui suivent la demande. [...] It is only when a person who claims to have been unfairly dismissed presents evidence of dismissal that the employer then has the burden of showing that the dismissal was fair.