11,315 result(s)
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6,951.
Rahman v. Canada (Minister of Citizenship and Immigration) - 2006 FC 1321 - 2006-11-02
Federal Court Decisions[23] I will first deal with the allegation that the IAD ignored the fresh evidence put forward by the Applicant, and then address the remaining arguments. [...] [33] The Applicant also raises the procedural fairness argument that he should have received an oral hearing on his second appeal. [...] Allegations concerning procedural fairness are always reviewed on a correctness standard (Sketchley v. Canada (Attorney General), [2005] F.C.J. No. 2056, at para. 46).
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6,952.
Parrish & Heimbecker Ltd. v. Canada (Minister of Agriculture and Agri-Food) - 2006 FC 1102 - 2006-09-15
Federal Court DecisionsHere is a fairly good summary of the events that occurred during that period that is set out by the defendants at paragraph 5 of their written submissions: [...] This Affidavit is not intended to provide a complete and detailed history of the dealings between Parrish & Heimbecker Limited and the Canadian Food Inspection Agency between December 5, 2003 [2002] and April, 2003; nor is it intended to provide support in all material respects, of the allegations in the Statement of [...] (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;
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6,953.
Kang v. Canada (Public Safety and Emergency Preparedness) - 2006 FC 652 - 2006-05-30
Federal Court Decisions[19] The applicant contends that the notes contain the interviewing officer's conclusions rather than statements fairly attributable to her or to her mother. [...] This position is based on the more stringent language in the current regulation dealing with the forfeiture of security bonds than was found in the former Immigration Act, R.S.C. 1985, c. I-2. [...] [36] Counsel for the respondent fairly acknowledged that the position set out in the former legislation was and still is reflected in the Citizenship and Immigration Canada Enforcement Manual.
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6,954.
Canada v. Potash Corp. of Saskatchewan - 2003 FCA 471 - 2003-12-08
Federal Court of Appeal DecisionsA case dealing with the calculation of the "resource allowance" which was decided against the department, resulted in claims not only based on the particular facts decided by the court but in respect of a new issue concerning the calculation of the "resource allowance". [...] That subsection guarantees the right to a fair hearing in accordance with the principles of fundamental justice. [...] Having itself defined the issues to be decided, PCS effectively abandoned its right to appeal other issues and cannot now assert that its right to a fair hearing has been abridged by these two subsections.
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6,955.
Williams v. Canada (Minister of Fisheries and Oceans) - 2003 FCT 30 - 2003-01-14
Federal Court Decisions[18] I note there is authority in the case law to support the proposition that an applicant need only demonstrate that he has a fairly arguable case to establish that his application raises a serious issue. [...] [19] I am satisfied that the applicant in the present case falls short of establishing that he has a reasonable cause of action or a fairly arguable case, such that he should be granted public interest standing. [...] [23] The applicant's argument is almost entirely based on the proposition that the term "fishing" under the Act must be interpreted based on his erroneous interpretation of the case law dealing with the meaning of "fishery" - a different term.
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6,956.
Aboubacar v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 162 - 2002-02-13
Federal Court Decisions[30] This explanation, however, fails to deal with the contradictory answers Mr. Aboubacar gave about whether or not he had a sister. [...] [40] However, in Baker, the Supreme Court of Canada noted that the duty of fairness is contextual and that at the heart of the analysis is whether, considering all of the circumstances, an individual was afforded a meaningful opportunity to present his or her case fully and fairly. [...] [43] To the extent that Mr. Aboubacar stressed the profound significance upon him of the finding of no credible basis and urged that this expanded the duty of fairness, I note that in Mathiyabaranam, the Court of Appeal was very mindful of the considerable importance to a claimant of a finding of no credible bases.
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6,957.
Wishart v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 91 - 2001-02-16
Federal Court DecisionsThose implied limitations are in addition to those which involve procedural deficiencies amounting to breaches of the fairness rules. [...] The Courts have traditionally only overturned the Minister if certain implied limitations have not been met or if there are procedural deficiencies which amount to breaches of the fairness rule. [...] Since the Minister committed an error of jurisdiction, the matter will not be referred for reconsideration by the Minister, who is left to deal with the applicant in accord with the procedures established by the Act .
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6,958.
Erskine v. The Queen - 1999-09-17
Tax Court of Canada Judgments[13] The Appellant obtained an appraisal of the Samson Street Apartment which estimated the fair market value of the property as of February 1, 1991 at $1,550,000.00. [...] [15] The Appellant obtained an appraisal of the 9205 Jura Road property which estimated the fair market value of the property to be $203,000.00 as at March 1, 1989. [...] This section of the Family Relations Act deals with the equality of entitlement to family assets on marriage breakup.
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6,959.
Chen v. Canada (Minister of Citizenship and Immigration) - 1999-04-16
Federal Court DecisionsIt has been held that the only function of this doctrine in Canada is to create a right to a hearing which the duty of fairness might otherwise not have conferred, or to increase the procedural rights to which an individual is entitled, over and beyond those that the duty of fairness would otherwise have provided: see, for [...] Therefore, a history of self-sufficiency in the United States should be given a great deal of weight so as to make such applicants prima facie entitled to a visa, or at least to an interview. [...] Accordingly, on the facts of this case, the failure of the visa officer to alert the applicant to the nature of her concerns, and afford him an opportunity to supply the additional information, was a breach of the duty of fairness.
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6,960.
Baudisch v. Civil Aviation Tribunal - 1997-04-21
Federal Court DecisionsThis application deals with matters previously before the Tribunal, namely, Norm Baudisch versus The Minister of Transport (tribunal file W-0182-02) but it is not an attempt to reverse, overturn or negate the previous determinations of the Tribunal. [...] Furthermore, if the tribunal has failed to dispose of an issue which is fairly raised by the proceedings and of which the tribunal is empowered by its enabling statute to dispose, it ought to be allowed to complete its statutory task. [...] In a fair administrative system should the director of compliance be making efforts to support the investigator (such that the usual admonition is rejected in favour of a real punishment), because the poor investigator needs support?
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6,961.
Bodum USA, Inc. v. Meyer Housewares Canada Inc. - 2012 FC 1450 - 2012-12-10
Federal Court DecisionsIn my view, they can not now fairly complain about the defendant’s descriptive use of the term on its products. [...] The sale of the Prestige line was primarily to lower end discounters with whom Bodum did not deal. [...] c) faire passer d’autres marchandises ou services pour ceux qui sont commandés ou demandés;
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6,962.
Capra v. Canada (Attorney General) - 2008 FC 1212 - 2008-10-29
Federal Court Decisions[22] Because Justice Evans decided for the applicant in Chaudhry on the issue of statutory interpretation, it was not necessary for him to deal extensively with the alternative Charter arguments advanced by the applicant, but he did deal with them nevertheless. [...] Parliament has chosen to deal with these issues by suspending day parole and UTA for offenders who are subject to removal. [...] [82] But subsection 128(4) does not deal with the removal of the offender from Canada.
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6,963.
Toronto-Dominion Bank v. Canada - 2011 FCA 221 - 2011-07-06
Federal Court of Appeal DecisionsIt says that the appeal should be allowed because the Judge breached the duty of fairness when, after the appeal had been heard, he permitted the Minister to make written submissions. [...] [19] A standard of review analysis is not required for the procedural fairness issue. [...] Issue 1: Did the Judge breach the duty of fairness when he permitted the Minister to file a memorandum of fact and law after the hearing had ended?
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6,964.
Accounting by Leandrea Tang Ltd. v. M.N.R. - 2011 TCC 171 - 2011-03-17
Tax Court of Canada JudgmentsI denied the respondent's motions and gave fairly extensive oral reasons. [...] [12] This court and the Federal Court of Appeal have traditionally been fairly liberal in granting amendments.... [...] I do not read Bowman A.C.J.T.C. to purport to lay down fixed rules for dealing with such occurrences.
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6,965.
Dunova v. Canada (Citizenship and Immigration) - 2010 FC 438 - 2010-04-22
Federal Court Decisions[47] It is trite law that all administrative bodies, no matter what their function, owe a duty of fairness to the regulated parties whose interests they must determine. [...] The duty to act fairly includes the duty to provide procedural fairness. [...] It is true that he has appointed the tribunal but once appointed, the tribunal is as independent and as seemingly impartial as any tribunal dealing with a service-related offence.
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6,966.
Goksu v. Canada (Citizenship and Immigration) - 2009 FC 382 - 2009-04-15
Federal Court DecisionsDid the Board err in law, breach fairness, err in fact and exceed jurisdiction in failing to consider compelling reasons under section 108 of the Act? [...] Did the Board err in law, breach fairness, err in fact and exceed jurisdiction in relation to the risk threshold under section 97(1)(b) of the Act? [...] The Applicant has also submitted a question for possible certification dealing with section 97(1)(b) of the Act and the burden of proof.
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6,967.
Ferrari v. Canada (Citizenship and Immigration) - 2008 FC 1334 - 2008-12-01
Federal Court DecisionsWould he think that it is more likely than not that [the decision-maker], whether consciously or unconsciously, would not decide fairly. [...] Just because the Officer chuckled does not mean the Applicants did not have a fair hearing; the Applicants did not act upon this until they received a negative Decision. [...] The Board appears to be saying something to the effect of “Let’s get down to dealing with the kidnapping.”
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6,968.
Khatun v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 555 - 2001-05-30
Federal Court DecisionsWould he think that it is more likely than not that [the decision-maker], whether consciously or unconsciously, would not decide fairly. [...] This conduct does not indicate to me that the board member would not decide the principal applicant's application fairly as outlined in Committee for Justice and Liberty, supra. [...] The evidence establishes that the principal applicants' brother-in-law had been charged and imprisoned before and there was a justice system in place in Bangladesh that would deal with persons such as her brother-in-law.
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6,969.
Athwal v. Canada (Citizenship and Immigration) - 2024 FC 672 - 2024-05-02
Federal Court Decisions[14] If there is no breach to the procedural fairness duty, the Court will apply Vavilov’s presumption to use the reasonableness standard of review. [...] However, in the interest of fairness, I will consider their submissions on this point now. [...] [29] While I will deal with the bulk of the Applicants’ submissions on the use of the CCTNS and tenant verification system in the discussion below regarding the police’s capacity to track the Applicants, it bears mention here that the Adult Applicants themselves agree their arrest was illegal.
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6,970.
Windsor Elms Village for Continuing Care Society v. The King - 2023 TCC 58 - 2023-05-05
Tax Court of Canada JudgmentsAbsent subsection 191.1, that supply would be deemed to have occurred at fair market value. [...] (d) the amount that would, but for this subsection, be the tax calculated on that fair market value, and [...] [26] I will deal with these three tests separately. F. Government Funding
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6,971.
Karval v. Canada (Attorney General) - 2021 FC 395 - 2021-05-05
Federal Court Decisions• (e) the Tribunal acted unfairly by refusing to take account of new evidence in the form of a letter from her employer dealing with the issue of Ms. Karval’s expected return-to-work date. [...] Indeed, the Tribunal’s decision is fair, sound and in conformity with the evidence. [...] In these circumstances, it was not a breach of fairness to have obtained it from the Commission after the hearing.
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6,972.
Iroha v. Canada (Citizenship and Immigration) - 2017 FC 785 - 2017-08-24
Federal Court Decisions1. Did the IAD member breach procedural fairness by failing to be and appear impartial? [...] (3) Dans le cas où les destinataires reçoivent la demande deux jours ouvrables ou moins avant la procédure, la partie doit se présenter à la procédure et faire sa demande oralement. [...] A. Did the IAD member breach procedural fairness by failing to be and appear impartial?
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6,973.
McCullock-Finney (Estate) v. The Queen - 2017 TCC 103 - 2017-06-09
Tax Court of Canada JudgmentsThe Appellant also established the fair market value of the Properties, subtracted the adjusted cost base for the Properties, determined the elected capital gains of $65,888 and arrived at an elected taxable capital gain of $49,416. [...] [14] She testified that the election we are dealing with in the instant case involves more than completing and filing the election Forms T664 and T657A. The taxpayer has to make the election and also has to declare the capital gain and claim the exemption in the tax return. [...] The taxpayer then had to determine the elected proceeds of disposition for the designated properties in an amount not exceeding the fair market value (or available capital gain exemption) of those properties as of February 22nd 1994.
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6,974.
Rose v. Canada (Attorney General) - 2017 FC 185 - 2017-02-14
Federal Court Decisions(b) If the Applicant was denied procedural fairness, should the 2012 Decision be considered a final decision? [...] The Applicant says this is a breach of procedural fairness as he deserved to have his initial leave to appeal application considered. [...] If any such “mess up” occurred, it occurred several years ago now and the Court does not have the record or the legal argument to deal with it in this review.
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6,975.
Haddad v. Canada (Citizenship and Immigration) - 2015 FC 982 - 2015-08-18
Federal Court DecisionsThe applicant had mistakenly retained the services of a consultant, when he believed he was dealing with a lawyer as a result of the consultant’s misrepresentations. [...] [47] The question in this case raises issues analogous to those relating to procedural fairness. [...] Unbeknownst to Justice Locke, the motion was heard without procedural fairness having been afforded to the applicant.