11,315 result(s)
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6,851.
Oluwakemi v. Canada (Citizenship and Immigration) - 2016 FC 973 - 2016-08-26
Federal Court Decisions[8] The Applicants also submit that the RAD embarked on an “unwarranted excursion based on speculation” when it stated that the psychological report from Dr. Devins crossed “the line separating expert opinion from advocacy when it advocates the granting of refugee status.” While Dr. Devins does not use those words, a fair [...] The RAD deals with that submission at paragraphs 83 – 84 of its reasons.
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6,852.
Salman v. Canada (Citizenship and Immigration) - 2015 FC 270 - 2015-03-03
Federal Court DecisionsHe further submits that he was denied procedural fairness in this matter as he was not afforded an opportunity to address the visa officer’s concerns prior to a decision being made with respect to his application for a temporary work permit. [...] [2] Dealing first with the issue of the sufficiency of the officer’s reasons, as the Supreme Court of Canada established in the Newfoundland and Labrador Nurses’ Union v Newfoundland and Labrador (Treasury Board), 2011 SCC 62, [2011] 3 S.C.R. 708, an alleged insufficiency of reasons is no longer a stand-alone basis for
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6,853.
Begum v. Canada (Citizenship and Immigration) - 2013 FC 550 - 2013-05-24
Federal Court DecisionsDid he assume there was no merit to the judicial review, notwithstanding Mr. Justice Manson has already decided there was a fairly arguable case? [...] [15] This motion deals with the administration of justice, and disrespect of this Court.
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6,854.
Joe v. Lower Nicola First Nation - 2013 FCA 84 - 2013-03-19
Federal Court of Appeal Decisions[1] This concerns an appeal from a judgment of O’Keefe J. of the Federal Court (the “judge”), cited as 2011 FC 1220, allowing two consolidated applications for judicial review from an order of an ad hoc Lower Nicola Indian Band Elders Council (the “Elders Review Council”) acting as an elections review body dealing with [...] The elected councillors who were the subject of the complaints were entitled to procedural fairness.
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6,855.
Buri v. Canada (Citizenship and Immigration) - 2012 FC 1538 - 2012-12-20
Federal Court Decisions[3] In the decision the RPD cites the US Department of State, Country Reports on Human Rights Practices for 2010, April 8, 2011, footnoted at paragraph 24 to establish that Hungary is a democracy and that there are free and fair elections. [...] The Board also erred in relying on the efforts deployed by the state to deal with the difficulties faced by the Roma people.
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6,856.
Jodlowska v. Canada (Public Safety and Emergency Preparedness) - 2012 FC 1413 - 2012-12-04
Federal Court Decisions[9] Here the evidence of Ms. Jodlowska’s health status was fairly non-specific, at least in terms of her capacity for independent living. [...] Indeed the underlying premise to this application is that a removal officer has a legal duty to consider all manner of circumstances and concerns when dealing with a deferral request.
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6,857.
Khadr v. Canada (Prime Minister) - 2010 FC 560 - 2010-05-20
Federal Court Decisionsof U.S. Forces in Guantanamo Bay, Cuba; c) in the alternative an order directing the Respondents to reconsider their decisions of February 3 and 16, 2010 having first accorded the Applicant with a fair opportunity to be heard; and d) costs and such further or other relief as the Court deems to be just and appropriate. [...] While the general test for such supplementary material is whether the additional material will serve the interests of justice, will assist the Court and will not seriously prejudice the other side, it is also important that any supplementary affidavit and supplementary record neither deal with material which could have been
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6,858.
Cloutier v. Canada - 2010 FCA 96 - 2010-04-12
Federal Court of Appeal Decisions(ii) compte tenu des raisons indiquées dans la demande et des circonstances de l’espèce, il est juste et équitable de faire droit à la demande, [...] In fact, counsel for the respondent wanted to establish that, contrary to what the appellant seemed to be alleging, the Revenue Agency had not been negligent in its dealings with the appellant.
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6,859.
Domerson v. Canada (Citizenship and Immigration) - 2009 FC 145 - 2009-02-12
Federal Court Decisions[7] While Mr. Domerson has raised a number of issues in his application for judicial review, it is only necessary to deal with the issue of the sufficiency of the Board’s reasons. [...] As this issue involves a question of procedural fairness, it is unnecessary to carry out a standard of review analysis.
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6,860.
Tremblay v. The Queen - 2008 TCC 500 - 2008-09-10
Tax Court of Canada JudgmentsIt may, to be fair, it may shed light on the circumstances, but the circumstances will be defined by the witnesses in this particular use and we were not arguing stronger than the fact is that there is a confidential agreement between the parties. [...] He relies on a number of authorities none of which deal with disclosure in the context of tax litigation in which the true substance and nature of the payment and of the injury which the payment is intended to compensate are central to the issue.
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6,861.
Boateng v. Canada (Citizenship and Immigration) - 2007 FC 592 - 2007-06-05
Federal Court DecisionsSince that time, there has been a great deal of correspondence between the applicant and his solicitor with Citizenship and Immigration Canada (CIC) largely centred on the applicant’s inability to provide a Rwandan passport. [...] [9] On the basis of lack of procedural fairness alone this decision must be set aside.
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6,862.
Hamilton v. The Queen - 2007 TCC 145 - 2007-03-13
Tax Court of Canada JudgmentsProfessor Irwin does not deny that the subsection applies in her case but argues for relief on the grounds of fairness. [...] Simply put, she suggests that the legislation does not properly deal with joint custody situations.
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6,863.
Abbud v. Canada (Citizenship and Immigration) - 2007 FC 223 - 2007-02-27
Federal Court DecisionsOtherwise, the decision appeared to be very sound, and so I dismissed the application because I did not think there was a fairly arguable case in Mr. Abbud’s favour (Bains v. Canada (Minister of Employment and Immigration) (1990), 109 N.R. 239 (F.C.A.)). [...] [9] Mr. Abbud argues that even if he was not eligible to apply under the spouse or common-law partner in Canada class, a good deal of the material which he submitted and which was not before the decision-maker would be relevant in a normal H&C application.
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6,864.
Globtek Inc. v. The Queen - 2006 TCC 16 - 2006-01-11
Tax Court of Canada Judgments(c) subparagraphs 12(g) and (h) plead conclusions of law with no material fact to support them, the allegations therein are scandalous, frivolous or vexatious and may prejudice or delay the fair hearing of this appeal; [...] [4] To first deal with the motion to strike: 10(j) - This is an assumption of fact.
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6,865.
Osborne v. Canada (Attorney General) - 2005 FCA 412 - 2005-12-07
Federal Court of Appeal Decisions[11] With respect to chronic pain, a fair reading of the Board's decision shows that the Board did consider the evidence on this issue and that it was fully aware of it in making the findings which led to its ultimate conclusion. [...] [12] With respect to the side effects caused by his medication, although the Board did not expressly deal with this, it can easily be inferred, in my view, from the Board's overall consideration of the medical and therapeutic reports before it, that it was fully aware of the treatment modalities being used by the applicant,
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6,866.
Elmaskut v. Canada (Minister of Citizenship and Immigration) - 2005 FC 414 - 2005-03-24
Federal Court Decisions[2] Mr. Elmaskut contends that there were serious problems with the quality of the interpretation of his evidence, and that, as a result, he was denied a fair hearing. [...] [14] As a result, while interpretation may not have to be perfect, I am satisfied that in this case there were material discrepancies in the interpretation of Mr. Elmaskut's testimony dealing with matters that go to the very heart of his claim.
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6,867.
Apotex Inc. v. Canada - 2004 FC 912 - 2004-06-24
Federal Court DecisionsThe Plaintiff's position on the appeal is that, in fairness, the three contested documents should be released as they are part of a continuing sequence of uniform decision making. [...] It is likely that the exchange deals directly with the Minister's reasons for decision.
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6,868.
CIBC v. Kollar - 2003 FC 985 - 2003-08-18
Federal Court DecisionsO'Keefe J. ordered a new investigation because the original investigation failed to deal with evidence of alleged sexual harassment: Kollar v. Canadian Imperial Bank of Commerce, 2002 FCT 848. [...] It argues the Commission must be deemed to have committed a jurisdiction error and breached the rules of procedural fairness.
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6,869.
Patel v. Canada (Minister of Citizenship and Immigration) - 2003 FC 976 - 2003-08-13
Federal Court Decisions[6] The Applicants now challenge the Officer's decision on the grounds of a breach of procedural fairness, disregard of the evidence and improper assessment of the interests of the minor Applicant, the son Gauravkumar. [...] It is certain, with Baker, that the interests of the children are one factor that an immigration officer must examine with a great deal of attention.
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6,870.
Shughagha v. Canada (Minister of citizenship and immigration) - 2003 FC 947 - 2003-08-01
Federal Court Decisionsthat he has suffered harm from the administrative delay in dealing with his PDRCC status, and the ultimate assessment as a PRRA under IPRA, if those circumstances adversely affected his chances of a positive outcome, that delay, and the resulting lack of fairness would, in my opinion, amount to irreparable harm, if the
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6,871.
Duong v. Canada (Minister of Citizenship and Immigration) - 2003 FC 834 - 2003-07-04
Federal Court DecisionsThere must be either an error of law apparent on the face of the record, or a breach of the duty of fairness appropriate to this essentially administrative decision. [...] There was sufficient information before the Visa Officer to enable her to deal with the primary consideration before her, that is, whether the Applicant had a temporary purpose for visiting Canada.
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6,872.
Akhtar v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 541 - 2003-05-01
Federal Court Decisions[10] Counsel for the applicants tried to convince me the tribunal did not fairly deal with the documentary evidence on protection.
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6,873.
Smith v. The Queen - 2002-12-24
Tax Court of Canada JudgmentsAll or substantially all of the fair market value of the assets of Alliance were used principally in an active business carried on primarily in Canada. [...] (b) the amount must be paid to a person with whom the taxpayer was dealing at arm's length;
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6,874.
Ramlall c. Canada (Attorney General) - 2002 FCA 494 - 2002-12-11
Federal Court of Appeal Decisions[5] The appellant asserts a denial of fairness and natural justice at the hands of the Employment Resource Centre, and also that the manner in which he was treated at the Centre on March 6, 1998 infringed his rights under sections 2 and 7 of the Canadian Charter of Rights and Freedoms. [...] As paragraph 41(c) of theCanadian Human Rights Act, makes clear, the Commission is required to deal with a complaint unless it appears to the Commission that "the complaint is beyond the jurisdiction of the Commission".
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6,875.
Supertek Canada Inc. v. Gatien - 2001 FCT 1433 - 2001-12-24
Federal Court Decisions[14] At page 52, the Court wrote as follows in dealing with irreparable harm: [...] [15] There is no evidence of confusion, loss of goodwill or irreparable harm and without such evidence, as the Court of Appeal wrote in Centre Ice, supra, "even if loss of goodwill through the use of a confusing mark was shown, a case for irreparable harm would not have been made out because such loss could be fairly