11,315 result(s)
-
6,926.
Jones v. Canada (Royal Canadian Mounted Police Public Complaints Commission) - 1998-07-20
Federal Court DecisionsAt hearings there has been a problem with ensuring that, in the interests of fairness, complainants be able to have legal representation in appropriate cases. [...] The inference that arises is that Parliament simply did not deal with that matter. [...] amount of evidence, including testimony and documents, that is expected to become part of the record will be very difficult for unrepresented complainants to deal with; the proceedings will be complex involving, for example, issues relating to the disclosure of classified government documents; there are parallel civil
-
6,927.
Tan v. Pacific Brilliance (Ship) - 1996-10-21
Federal Court Decisions(1983), 140 D.L.R. (3d) 477 is one of the leading cases dealing with actions for damages when either an injured party or dependants are bound by the provisions of the Workers Compensation legislation. [...] The purpose of the Workmen's Compensation Act is to remove from the courts jurisdiction to deal with the rights of employees and the liability of employers when personal injuries are suffered by employees of such employers in the course of their employment. [...] by Schedule 1 of the Act. Accordingly, its immunity from being required to make contribution or indemnity, conferred as I have found by s. 8(11), seems not only to be one conferred by the statute but to be one that is completely in accord with the spirit of the Act and one that commends itself as fair and equitable.
-
6,928.
Stevens Estate v. Canada (Attorney General) - 2011 FC 103 - 2011-01-28
Federal Court DecisionsThe Respondent also submits that the issue of procedural fairness attracts a correctness standard. [...] Procedural Fairness [76] The Respondent further submitted that the Commissioner’s refusal to convene a Review Tribunal’s hearing constituted a breach of procedural fairness because the Applicant’s had a statutory right to a Review Tribunal hearing. [...] The values underlying the duty of procedural fairness relate to the principle that the individual or individuals affected should have the opportunity to present their case fully and fairly, and have decisions affecting their rights, interests, or privileges made using a fair, impartial, and open process, appropriate to the
-
6,929.
Canada (Public Safety and Emergency Preparedness) v. Boampong - 2021 FC 1187 - 2021-11-05
Federal Court DecisionsAlthough mostly silent on this issue, the Supreme Court outlines a more imperative approach when dealing with decision-maker discretion. [...] [66] For issues of procedural fairness, this Court does not need to engage in a standard of review analysis. [...] No deference is owed to administrative decision makers on matters raising procedural fairness concerns.
-
6,930.
Ermineskin v. Canada - 2005 FC 1623 - 2005-11-30
Federal Court DecisionsI continued to assure them that the representatives of the Queen would do what was right and fair. [...] Then bracing up I first thanked the chief for his confidence and spoke fully of British justice and Canadian Government fair play. [...] The following excerpt from Laird’s report deals with the adhesion of Cree Chief Bobtail:
-
6,931.
Canada (Citizenship and Immigration) v. Ogunseitan - 2020 FC 194 - 2020-02-04
Federal Court DecisionsThe failure of the Respondents to reply to the procedural fairness letter; [...] [47] Finally, the Applicant states that the evidence does not support the IAD’s finding that the Respondents did not receive the procedural fairness letter. [...] The evidence appears to show that the procedural fairness letter was sent to Mr. Olopade and the evidence supports that he received it; and
-
6,932.
Gravel v. Canada (Attorney General) - 2011 FC 832 - 2011-07-07
Federal Court Decisions(1) Did the Tribunal breach the duty of procedural fairness owed to the applicant? [...] I will deal with each of the applicant’s allegations in turn. (a) Restricted time to deliver opening statement [...] I conclude that the applicant was treated fairly and respectfully by the Tribunal and I wish to add that she was also treated fairly and respectfully by counsel for the respondent.
-
6,933.
Rogers Media Inc. v. John Doe 1 - 2022 FC 775 - 2022-05-27
Federal Court DecisionsFairness –whether the relief strikes a fair balance between fundamental rights of the parties, the third parties and the general public; [...] (v) Fairness [259] This factor calls for consideration of whether the relief strikes a fair balance between fundamental rights of the parties, including the third parties, and the general public. [...] And, at times the hearing had to be “closed” to deal with confidential or highly confidential material.
-
6,934.
Bristol-Myers Squibb Canada Co v. Teva Canada Limited - 2016 FC 580 - 2016-06-08
Federal Court DecisionsI will deal first with the issue of obviousness. B) The Test for Obviousness [...] [454] In Plavix #1, the Supreme Court was dealing with a selection patent. [...] 3. This Court retains jurisdiction to deal with the issue of costs. "Anne L. Mactavish"
-
6,935.
Meguinis-Martin v. Canada - 2023 FC 771 - 2023-06-06
Federal Court Decisions(i) would fairly and adequately represent the interests of the class, [...] Although the class definition does not include psychological harm, it remains open to the trial judge to deal with the common question pertaining to psychological harm. [...] [35] Both Shirley Meguinis-Martin and Edie Joseph have provided evidence that they will fairly represent the interests of the class and have produced a litigation plan that outlines a practical method of advancing the proceeding.
-
6,936.
Hassani v. Canada (Citizenship and Immigration) - 2023 FC 734 - 2023-05-24
Federal Court DecisionsFurthermore, Ms. Hassani claims that the Officer breached her procedural fairness rights by failing to give her an opportunity to respond to their concerns. [...] Given that conclusion, and the limited submissions made by Ms. Hassani on the procedural fairness issue, it is not necessary to deal with this second ground of judicial review. [...] The reviewing court must adopt an attitude of restraint and intervene “only where it is truly necessary to do so in order to safeguard the legality, rationality and fairness of the administrative process” (Vavilov at para 13), without “reweighing and reassessing the evidence” before it (Vavilov at para 125).
-
6,937.
506913 N.B. Ltd. v. The Queen - 2016 TCC 286 - 2016-12-14
Tax Court of Canada JudgmentsFurther, Rule 107(3) only calls upon the Court to decide the “propriety” of refused questions and, in French, clearly deals with propriety (bien‑fondé) as a separate concept to relevance (pertinence). [...] A questioning party needs only be able to satisfy the motions judge that the information sought may be relevant to such a matter, construing the pleadings with fair latitude and in the factual and procedural context of the particular case. [...] (c) The threshold level of relevancy upon discovery is quite low and is not likely difficult to meet in light of the goal of discovery — openness — and its purpose of fairly, reasonably and expeditiously moving appeals forward to a hearing.
-
6,938.
Tuncdemir v. Canada (Citizenship and Immigration) - 2016 FC 993 - 2016-08-31
Federal Court Decisions[41] The Applicant cites Ching v Canada (Citizenship and Immigration), 2015 FC 725 to argue that procedural fairness is required where the RAD makes credibility findings, even if these findings are not determinative of the claim. [...] Justice Kane held that this was an issue of procedural fairness that merited further consideration apart from the conditions in subsection 110(6), since the RAD had raised new issues on appeal that were not raised by the applicant (Ching, above at paras 64-71). [...] [44] Accordingly, there is no procedural fairness issue here requiring consideration beyond the conditions for a new hearing found in subsection 110(6).
-
6,939.
Boland v. Canada (Citizenship and Immigration) - 2015 FC 376 - 2015-03-25
Federal Court DecisionsC. Was the Applicant denied procedural fairness? D. Did the Citizenship Judge exhibit an appearance of bias? [...] Her findings in this respect are set out in Part A of her reasons dealing with the facts. [...] C. Was the Applicant denied procedural fairness? [31] The Applicant argues that he was entitled to be informed of the consequences of not producing his former passport.
-
6,940.
Le sage au piano v. The Queen - 2014 TCC 319 - 2014-10-28
Tax Court of Canada Judgments[38] The concept of “address” is not defined in the ETA or in the Income Tax Act. Furthermore, no decision dealing with those statutes seems to provide a definition of it. [...] [53] According to subparagraph 304(5)(b)(ii) of the ETA, an application for an extension of time can only be granted if it is fair and equitable to do so. [...] In this case, I believe that it is fair and equitable to grant the application.
-
6,941.
TPG Technology Consulting Ltd v. Canada - 2013 FCA 183 - 2013-07-15
Federal Court of Appeal DecisionsThe complaint in substance is that the bids were not fairly evaluated. [...] Those provisions deal with performance and service level metrics. TPG alleges, and the Crown does not deny, that the scoring of those provisions was of critical importance in the final ranking of the bids. [...] The obligation of the City under Contract A was to evaluate all compliant bids fairly and then to enter into Contract B on the terms set out in the tender documents.
-
6,942.
BBM Canada v. Research In Motion Limited - 2011 FC 960 - 2011-07-28
Federal Court Decisions· The procedures on an application do not provide sufficient procedural safeguards to ensure fairness to the respondent [...] · There may be steps taken by the applicant which militate against the respondent’s right to fully and fairly defend the application. [...] The case management regime in the Federal Court is particularly well-suited to deal with any issues which may arise that RIM or for that matter, BBM perceive as being prejudicial to their rights to present their case fully and fairly.
-
6,943.
Apotex Inc v. Pfizer Ireland Pharmaceuticals - 2011 FCA 77 - 2011-03-01
Federal Court of Appeal DecisionsAs the Regulations direct that such issues as may be adjudicated at this time must be addressed through such a process, this is a fairly clear indication that these issues must be of a limited or preliminary nature. [...] If, for instance, the stakes in the original proceeding were too minor to generate a full and robust response, while the subsequent stakes were considerable, fairness would dictate that the administration of justice would be better served by permitting the second proceeding to go forward than by insisting that finality [...] [23] Only one case decided by this court deals specifically with whether subsidiary findings in an NOC proceeding can have binding effect in a subsequent action.
-
6,944.
Gabor v. Canada (Citizenship and Immigration) - 2010 FC 1162 - 2010-11-19
Federal Court Decisions[19] The applicant submits that the comments made by the Minister of Citizenship and Immigration create an apprehension of bias and raise an issue of procedural fairness. [...] They are a fair and balanced reporting of facts, comments and observations from both the state authorities and non-governmental organizations as to the treatment of Roma and state protection measures that are available to them in the Czech Republic. [...] Justice Crampton did not deal with this “expert evidence” directly as he found that the observations of these experts related to the Board and not to the PRRA officer who made the decision under review before him.
-
6,945.
Bernier v. The Queen - 2010 TCC 85 - 2010-02-12
Tax Court of Canada JudgmentsThe provision also provides that for the purposes of paragraph 160(1)(e), the fair market value of property transferred after February 15, 1984, shall be deemed to be nil. [...] [18] In Yates, Justice Desjardins provided an overview of the decisions that deal with the object of section 160 and with Parliament's intent. [...] In Livingston, this Court explained at paragraph 27 that "a transferee of property will be liable to the CRA to the extent that the fair market value of the consideration given for the property falls short of the fair market value of that property".
-
6,946.
Dhaliwal v. Canada (Citizenship and Immigration) - 2010 FC 7 - 2010-01-05
Federal Court DecisionsAccordingly, the Court and counsel for Mrs. D. both agreed that the Court need not deal further with this issue. [...] Would he think that it is more likely than not that Mr. Crowe, whether consciously or unconsciously, would not decide fairly." [...] A Well, when she met me, I was in good spirits and I was doing fairly well and she found me a happy person and I could get happy with simple things...
-
6,947.
Canada Revenue Agency v. Slau Limited - 2009 FCA 270 - 2009-09-22
Federal Court of Appeal Decisions[2] The application arose out of a request by Slau pursuant to subsection 220(3.1) of the ITA. Under that provision, which was introduced in 1991 as part of the so-called “Fairness Package”, the Minister has the discretion to cancel penalties and interest payable by a taxpayer. [...] [7] The Settlement Agreement did not deal with the Losses, although the matter of carrying the Losses back to the 1988 to 1990 taxation years may have been discussed in the negotiations that preceded the execution of the Settlement Agreement. [...] [47] The Court must conclude that the only reasonable application of fairness and equity by the Fairness Committee in this case would be to apply the CRA rationale of cancelling penalties and interest on the taxes from December 1996 to all interest after this date.
-
6,948.
Hasan v. Canada (Citizenship and Immigration) - 2008 FC 1069 - 2008-09-23
Federal Court Decisionsb. If the correct burden was used, did the Minister breach the duty of fairness by failing to give notice of the burden of proof to be met by the Applicant? [...] The first difficulty with the s. 230 argument is that it was not raised by the Applicant in his submissions to the CBSA. That alone is sufficient to deal with the argument. [...] 3. If the answer to the previous question is that the onus rests on the individual and that there is no rebuttable presumption, does the duty of fairness require the individual who is a Convention refugee to be specifically notified of this onus?
-
6,949.
Esangbedo Obidigbo v. Canada (Citizenship and Immigration) - 2008 FC 705 - 2008-06-05
Federal Court DecisionsSomewhat more deference should nonetheless be shown in cases where the PRRA officer is dealing with questions of mixed fact and law for which they can be expected to have some knowledge, training and experience, such as the application of the legal definition of protected person to the facts of a given case. [...] [31] The first issue in this case is one that raises a question of procedural fairness and natural justice. [...] A decision resulting from an unfair proceeding, that is, one that breaches procedural fairness, would be set aside.
-
6,950.
De Sousa v. Canada (Citizenship and Immigration) - 2007 FC 984 - 2007-10-01
Federal Court Decisions1. Did the officer breach the duty of fairness? 2. Did the officer fail to consider the best interests of the child? [...] It was submitted that the officer breached the duty of fairness by failing to both ask such questions, and give the applicant an opportunity to respond. [...] [31] Because of my finding on the first issue, I need not deal with the remaining issue.