11,315 result(s)
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6,876.
Azakir v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 1097 - 2001-10-10
Federal Court DecisionsIn what appears to be the only decision of this Court dealing with this particular issue, my colleague Mr. Justice Rothstein, in Phillip v. Canada (M.C.I.) (1998), 159 F.T.R. 49, at paragraphs 4 and 6, interprets subsection 69(2) as follows: [...] The presence of a person who is the subject of the proceeding is expressly provided for in subsection 69(2) of the Act. It is therefore more than a mere requirement of natural justice or procedural fairness.
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6,877.
Donnelly v. Canada (Attorney General) - 2000-10-11
Federal Court of Appeal Decisions_. Since the second Board heard the appeal in its entirety and based its decision on the evidence and submissions of the parties, it acted with procedural fairness and otherwise within its jurisdiction. [...] _. Third, the applicant submitted that the Umpire's reasons did not deal with every submission that he had made, and that the absence of a court reporter at the hearing was improper.
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6,878.
Lebel v. The Queen - 2000-03-23
Tax Court of Canada JudgmentsIn fairness to the appellant the officials of the Department of National Revenue made no attempt to do so either. [...] [8] I shall deal with each of the four activities. (a) Jewelway. This was a sort of pyramid scheme under which the appellant would buy "positions".
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6,879.
Canada (Minister of Citizenship and Immigration) v. Lau - 1999-03-03
Federal Court DecisionsMr. Lau apparently argued before the Citizenship Judge that from the time of his entry into Canada he was engaged in starting up a Canadian business, but frequent absences were required to deal with family matters and to terminate foreign business matters. [...] There may be explanations for the tax filings that would prove them correct, and I have no basis for finding that Mr. Lau has been given a fair opportunity to respond to an allegation that his returns are incorrect.
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6,880.
McLean v. The Queen - 1998-05-29
Tax Court of Canada Judgments(b) the Appellants began renovation and redecorating work (the "Renovation") on the Complex in May 1994, completed the Renovation in January 1996 and resided in the Complex during the Renovation; [Mrs. McLean stated that the Appellants were away for a fair amount of time on vacations and that at points in time, when the [...] [7]Counsel for the Minister referred to Warnock v. The Queen [1996] G.S.T.C. 86 where Beaubier, J. of this Court, in dealing with a similar situation, held that the extensive renovations contemplated in that case did not qualify as a substantial renovation.
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6,881.
Samtani v. Canada (Minister of Citizenship and Immigration) - 1998-02-20
Federal Court DecisionsAs the Applicant's documents did not seem credible, I doubted that he had been truthful in his dealings with this office and did not believe that he could establish successfully in Canada, and felt that I could only award him one unit of assessment for personal suitability. [...] In my opinion, the duty of fairness required the visa officer either to raise the matter with the applicant or to make further inquiries from another source in order to clarify whether the restaurant was in operation during the period covered by the reference letter.
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6,882.
Hamad v. Canada (Minister of Citizenship and Immigration) - 1997-08-29
Federal Court DecisionsThe leading case dealing with subsection 63(2) is Weerasinghe v. Canada (Minister of Employment and Immigration), [1994] 1 F.C. 330. [...] As a result, I find that the CRDD satisfied the requirement set out in Weerasinghe and that the applicant received a fair hearing.
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6,883.
Li v. De Vink - 1996-09-19
Federal Court Decisions1. To ensure fair and consistent personal property allowances. 2. To ensure a safe, secure and orderly institution by effectively administering the personal property of inmates. [...] But for these special circumstances, I would not have been prepared to deal with this matter without an oral hearing.
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6,884.
Murphy v. Canada (Attorney General) - 2023 FC 57 - 2023-01-13
Federal Court Decisions(i) a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment, or [...] [34] I find Ms. Murphy’s allegation that there was a breach of procedural fairness unfounded. [...] Proper Reply is limited to issues that a party had no opportunity to deal with, or which could not reasonably have been anticipated.
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6,885.
Alldowell v. Canada (Attorney General) - 2024 FC 142 - 2024-01-30
Federal Court DecisionsThe FA concluded that the applicant was treated fairly in accordance with the applicable regulations and policies and that he could not grant the remedies sought. [...] He submits that the decision was based on false information and that his training was not conducted within the required standards of fairness and equality. [...] Since these two complaints were sent to the Committee for its recommendations, independently of the Grievance referral, the FA did not deal with them.
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6,886.
Blair v. Canada (Attorney General) - 2022 FC 957 - 2022-06-27
Federal Court Decisionsb) If the Federal Court is not able to deal with the administrative law claim by virtue of the Federal Courts Act or some other legal principle; or [...] It is not enough for an applicant to say that his right of procedural fairness was violated. [...] The applicant must go further and identify the facet of procedural fairness he says was violated and how it was violated.
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6,887.
Rouleau-Halpin v. Bell Solutions Techniques Inc. - 2021 FC 177 - 2021-02-25
Federal Court Decisions[35] Mr. Rouleau-Halpin also raised a potential breach of the rules of natural justice and procedural fairness in that he was not heard, alleging (1) that the adjudicator rejected outright the case law he submitted to him without reading it and that this case law did not deal exclusively with Quebec’s Act Respecting Labour [...] As submitted by the respondent, this finding cannot be characterized as a breach of the principles of natural justice or procedural fairness. [...] The same is true of the allegation that an argument was made by the applicant but ignored by the decision-maker in his reasons; this is not a matter of procedural fairness.
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6,888.
Qiu v. Canada (Citizenship and Immigration) - 2021 FC 166 - 2021-02-23
Federal Court Decisions[19] The Applicant argues that the issues are as follows, which the Court will deal with seriatim: [...] [26] The Applicant submits that the RAD breached procedural fairness as the Applicant was not given the opportunity to respond to a number of issues alleged not to have been previously raised, including: [...] [36] As such, the Court finds no breach of procedural fairness. B. Did the RAD make unreasonable credibility findings?
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6,889.
Takenaka v. Canada (Attorney General) - 2018 FC 347 - 2018-03-28
Federal Court DecisionsActed quickly to deal with any delay or omission. [15] It is worth noting again that Ms. Takenaka had no history of tax obligations and had not knowingly allowed a balance to exist as she had no taxable income to declare. [...] Was the CRA review related to the Guidelines appropriate and fair as listed in the Second Review Report? [...] It was adopted in 1991 as part of what was called a “fairness package.” It is one of several provisions intended to give the Minister an ability “to administer the income tax system fairly and reasonably” by “helping taxpayers to resolve issues that arise through no fault of their own.”
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6,890.
Southern Chiefs Organization Inc. v. Dumas - 2016 FC 837 - 2016-07-20
Federal Court DecisionsA. Did the Investigator and the Commission breach the Applicant’s right to procedural fairness by: [...] [29] Nonetheless, the Commission must abide by certain principles of procedural fairness. [...] [31] A second applicable principle of procedural fairness is that of neutrality (Slattery at 600).
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6,891.
Burchat v. The Queen - 2011 TCC 285 - 2011-06-02
Tax Court of Canada JudgmentsWhat is far more important is that unrepresented taxpayers in the informal procedure be given every benefit of procedural fairness. [...] I do not read Bowman A.C.J.T.C. to purport to lay down fixed rules for dealing with such occurrences. [...] Fairness requires that the taxpayer be given a reasonable opportunity to contest a new basis of assessment.
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6,892.
Schenkman v. Canada (Attorney General) - 2010 FC 527 - 2010-05-13
Federal Court Decisions3. Was the Sector’s decision to seek recovery made in a fair manner? [...] Regardless, we are clearly dealing with a question in which the decision maker cannot be shown deference. [...] As such, I would review this issue as a matter of procedural fairness.
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6,893.
Singh v. Canada (Citizenship and Immigration) - 2008 FC 669 - 2008-05-27
Federal Court Decisions[25] The second issue raises a question of procedural fairness and institutional bias. [...] A decision which results from a process that fails to respect the principles of procedural fairness and/or natural justice will be afforded no deference and is reviewable on the correctness standard. [...] It follows, therefore, that there can be no infringement of the principles of fundamental justice or procedural fairness.
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6,894.
Canada v. Anchor Pointe Energy Ltd. - 2007 FCA 188 - 2007-05-15
Federal Court of Appeal DecisionsThe Minister based his reassessments on the assumption that the predecessor companies had deducted more than the fair market value of the seismic data. [...] Furthermore, the motions judge took the position that placing the onus on the Minister was more procedurally fair, as “The cards are already stacked in favour of the Crown” and there was “no reason for stacking the cards any further”: ibidem, at paragraph 28. [...] [23] Third, the respondent maintains that though the Act requires the Minister to consider an objection “with all due dispatch,” it stipulates no consequences for the failure of the Minister to deal with a notice of objection in a timely manner.
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6,895.
Zarate Lopez v. Canada (Citizenship and Immigration) - 2024 FC 879 - 2024-06-13
Federal Court Decisions[4] In their memorandum, the Applicants had challenged both the reasonableness of the RAD decision and whether it was reached in a procedurally fair manner. [...] C. The Applicants’ allegation of direct dealing with the Cartel: Kidnapping [...] The RAD also engaged in compartmentalized way of dealing with credibility as a checklist of individual factors and not in the context of how and why those factors mattered in the context of the totality of the evidence.
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6,896.
Coalspur Mines (Operations) Ltd. v. Canada (Environment and Climate Change) - 2021 FC 759 - 2021-07-19
Federal Court Decisions[20] I wish to make it clear that in the Ermineskin file, my Judgment and Reasons deal only with the duty to consult. [...] I made no findings on the other two grounds brought forward by Ermineskin, namely breach of procedural fairness and reasonableness (see paras 126 and 127 of the Ermineskin file Judgment and Reasons). [...] [21] Further, Coalspur’s Application deals only with reasonableness (other than an extremely short argument concerning unreasonableness arising from failure to consult Indigenous peoples).
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6,897.
Pilot v. McKenzie - 2021 FC 297 - 2021-04-07
Federal Court DecisionsIt is quite another for a party swearing an affidavit to demonstrate such a cavalier approach to the fair representation of facts. [...] The first part deals with the conclusions sought against the AGC and the second part deals with the conclusions sought against the other parties in the proceeding, being the respondents and the intervener.
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6,898.
Febrillet Lorenzo v. Canada (Citizenship and Immigration) - 2019 FC 925 - 2019-07-11
Federal Court DecisionsRather, its purpose is to give the Minister the flexibility to deal with situations which were unforeseen by the IRPA where H&C grounds compel the Minister to act. [...] has family in the Dominican Republic, and failed to take into account all relevant factors and the Immigration, Refugees and Citizenship Canada guideline entitled “Immigrant Applications in Canada made on Humanitarian or Compassionate Grounds”, or IP-5, section 12.7 of which deals with family violence [IP‑5 Guideline]. [...] I note that while in her written submissions the Applicant also alleges a breach of procedural fairness, her submissions do not actually identify such a breach.
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6,899.
Lominy v. Canada (Citizenship and Immigration) - 2018 FC 918 - 2018-09-18
Federal Court DecisionsThis is consistent with its obligation to act quickly in dealing with its proceedings pursuant to subsection 162(2) of the IRPA. [...] 162 (2) Each Division shall deal with all proceedings before it as informally and quickly as the circumstances and the considerations of fairness and natural justice permit.
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6,900.
Thangarajah v. The Queen - 2017 TCC 72 - 2017-05-02
Tax Court of Canada JudgmentsIt was her understanding that Mr. Nicholas would do whatever was required to deal with the Notices of Assessment, though it was not clear that she actually understood the importance of filing notices of objection. [...] [18] As has often been stated, the Tax Court of Canada is not a court of equity and perceived notions of fairness do not trump specific legislative provisions. [...] [23] While the Court has a general policy of dealing with matters on the merits, there are limits to what it can do.