11,315 result(s)
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6,976.
Level v. Canada (Citizenship and Immigration) - 2013 FC 1226 - 2013-12-06
Federal Court DecisionsThe failure of the Delegate to give the applicant an opportunity to address the finding that the applicant could switch medication is not a breach of procedural fairness [...] [41] I do not regard this as a breach of procedural fairness. The onus was on the applicant to establish the risk he would face. [...] [56] The evidence portrays the applicant as needing a great deal of structure and assistance from family, service agencies and health providers to maintain that structure and to ensure he continues to take his medication.
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6,977.
Qin v. Canada (Citizenship and Immigration) - 2013 FCA 263 - 2013-11-19
Federal Court of Appeal Decisions[5] In a decision reported as Qin v. Canada (Minister of Citizenship and Immigration), 2013 FC 147, the Judge allowed the application for judicial review on the ground that the visa officer had breached the duty of procedural fairness. [...] [9] The parties agree that Ms Qin’s CEC application must be redetermined by another visa officer because of the breach of procedural fairness. [...] However, since other questions have been properly certified and the issue is not in dispute between the parties, I can deal with it briefly.
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6,978.
Ward v. Canada (Public Safety and Emergency Preparedness) - 2014 FC 568 - 2013-06-13
Federal Court DecisionsHowever, there is no factual basis in the pleadings which demonstrate that the alleged delay was prejudicial, or constituted a breach of the rules of procedural fairness. [...] 2. Whether the time it took to complete the ministerial review and issue the decision constitutes inordinate delay, and therefore a breach of procedural fairness? [...] [73] Given that I struck the Plaintiff’s claim in T-158-12 in it entirety, I need not deal with the simplified trial evidence in this matter.
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6,979.
Sivalingam v. Canada (Citizenship and Immigration) - 2012 FC 1046 - 2012-08-31
Federal Court Decisions2) Did the Board fail to observe a principal of natural justice or procedural fairness or did it lack the proper competence to render its decision? [...] Issue 2: Did the Board fail to observe a principal of natural justice or procedural fairness or did it lack the proper competence to render its decision? [...] As such, the applicant maintains that it was denied the right to a fair and impartial hearing and that it appears that justice was not done.
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6,980.
Nekoie v. Canada (Citizenship and Immigration) - 2012 FC 363 - 2012-03-27
Federal Court DecisionsSecond, as of 2007, his presence was required in Iran on a regular basis to deal with court proceedings in which he was involved. [...] • Did a breach in procedural fairness arise because of errors in the translation? [...] B. Did a breach of procedural fairness arise because of a lack of adequate translation?
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6,981.
Cupe v. Air Canada - 2010 FC 103 - 2010-01-29
Federal Court Decisions[14] The Code mandates and sets out procedural requirements for joint employer/employee workplace health and safety committees (such as the WPC) and these committees are to deal with health and safety matters (see section 135). [...] (d) Did the HSO fail to observe a principle of natural justice and procedural fairness by failing to have regard to the statements of employee WPC members that there was no joint investigation and no joint report? [...] [29] Question d) addresses issues of procedural fairness and will be addressed on a correctness standard.
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6,982.
Bielecki v. Canada (Citizenship and Immigration) - 2008 FC 442 - 2008-04-04
Federal Court Decisionsc) Did the IAD breach the principles of fairness and natural justice in admitting post-hearing evidence of new charges against the Applicant, not for the purpose of establishing proof of on-going criminality but for the purpose of impugning the credibility and trust worthiness of evidence provided to it by the Applicant and [...] [28] Where an issue of procedural fairness is raised, and it was not in dispute before the Court that this particular issue was indeed an issue of procedural fairness, the appropriate standard of review is correctness. [...] [33] Under this subheading, I will briefly deal with the final two (2) issues raised on behalf of the Applicant.
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6,983.
Lions Village of Greater Edmonton Society v. The Queen - 2006 TCC 670 - 2006-12-08
Tax Court of Canada Judgments[5] The deal between the residents of the complexes and LionsVillage was governed by a lease agreement and a loan agreement, collectively forming what is called a life-lease arrangement. [...] [16] The Respondent phrases the issue as: what was the fair market value of the complex? [...] (e) to have paid as a recipient and to have collected as a supplier, at the later of those times, tax in respect of the supply calculated on the fair market value of the complex at the later of those times.
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6,984.
Bristol-Myers Squibb Company v. Apotex Inc. - 2005 FC 1348 - 2005-10-03
Federal Court DecisionsThe question to be asked is: "Does the document sought to be produced fairly lead the defendant to a train of inquiry which may directly or indirectly advance its case or damage the plaintiffs' case specifically on the new issue of inutility?" [...] The former deals with safety and effectiveness. The latter looks at utility, but in the context of inventiveness. [...] I am satisfied, seeking a construction that is reasonable and fair to both public and patentee, that an argument exists that hepatic toxicity may fall within the meaning of "minimal side effect potential" or "harmful or untoward side effects" at pages 7 and 15 of BMS's '436 patent disclosure.
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6,985.
Saskatchewan Wheat Pool v. Canadian Grain Commission - 2004 FC 1307 - 2004-09-23
Federal Court DecisionsWe can only deal with the facts as they are determined and we must react as consistently as possible regardless of the time frame involved in completing our tests. [...] The respondent further submits that the Act should be "deemed remedial", and its provisions should be given a "fair, large and liberal construction" in accordance with section 12 of the Interpretation Act, R.S.C., 1985, c. I-23. [...] Notice of any change in regulations is part of the duty of fairness in administrative matters.
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6,986.
Maslanka c. La Reine - 2004 TCC 158 - 2004-06-16
Tax Court of Canada Judgments(b) the taxpayer or a person with whom the taxpayer does not deal at arm's length is entitled to receive an amount or obtain a benefit that would be described in paragraph (2.2)(d) if it were read without reference to subparagraphs (ii) and (vi) thereof; [...] . . . (iv) by virtue of an agreement under which the taxpayer may dispose of the partnership interest for an amount not exceeding its fair market value, determined without reference to the agreement, at the time of the disposition. [...] The sale price shall be equal to the fair market value as established after December 31, 1990."
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6,987.
Schmidt v. Canada (Attorney General) - 2016 FC 269 - 2016-03-02
Federal Court DecisionsPublic counsel within the government have a higher duty to objectively and fairly apply laws. [...] There must be a fair inquiry as to what the law truly is, not an unwarranted stretching of the law to fit a client’s wishes. [...] Their concern is to ensure coherence and consistency between the rules dealing with the same thing.
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6,988.
Loblaw Financial Holdings Inc. v. The Queen - 2018 TCC 182 - 2018-09-07
Tax Court of Canada JudgmentsThis would keep the portfolio fairly liquid in the event projects came along in which GBL would want to invest, for example, the I/O Loans. [...] He was also a commissioner of the Barbados Fair Trading Commission from 2005 to 2012 and a Director of Glenhuron Holdings beginning in 2008. [...] (II) another taxpayer who does not deal at arm’s length with 1 the affiliate, or
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6,989.
Canada (Attorney General) v. Kattenburg - 2021 FCA 86 - 2021-05-05
Federal Court of Appeal Decisions[14] Needless to say, section B.02.108 of the Food and Drug Regulations, C.R.C., c. 870, insofar as it contemplates that the origin of wine products be identified by reference to their “country of origin”, cannot be applied literally when dealing with products that do not originate in a recognized country. [...] 5 (1) Il est interdit d’étiqueter, d’emballer, de traiter, de préparer ou de vendre un aliment — ou d’en faire la publicité — de manière fausse, trompeuse ou mensongère ou susceptible de créer une fausse impression quant à sa nature, sa valeur, sa quantité, sa composition, ses avantages ou sa sûreté. [...] 1 The objective of this Agreement, as elaborated more specifically in its provisions, is to eliminate barriers to trade in, and facilitate the movement of, goods between the territories of the Parties, and thereby to promote conditions of fair competition and increase substantially investment opportunities in the free trade
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6,990.
Fontaine v. Canada (Attorney General) - 2021 FC 309 - 2021-04-09
Federal Court DecisionsCSC concluded that some of the police information on which the officer based her decision may not have been current and that not all rules of procedural fairness were followed; a new assessment was ordered. [...] [21] As for the issue of the officer’s alleged bias, this would be a matter of procedural fairness to which no standard of review applies; if the administrative decision maker was biased, the Court must intervene and set aside the decision. [...] I note, however, the provision she was examining was not section 24 but section 26 dealing with disclosure to victims.
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6,991.
Francois v. Canada (Citizenship and Immigration) - 2019 FC 748 - 2019-05-28
Federal Court Decisions[6] The Respondent sent a procedural fairness letter to Edvard, asking him to explain the situation. [...] In the language of the Supreme Court of Canada in Kanthasamy, these interests are a “singularly significant focus and perspective,” and they must be “well identified and defined” and examined “with a great deal of attention” in light of all of the evidence (paras 39-40). [...] At the time of the decision Watson was almost 18-years old, and as the Officer observed, “he has effectively grown up without the applicant and has been able to adapt to the impacts that the separation may have caused.” All of these observations fairly reflect the evidence in the record.
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6,992.
Bacon St-Onge v. Conseil des Innus de Pessamit - 2018 FC 655 - 2018-06-22
Federal Court Decisions[12] We should first deal with two of the arguments raised by the Respondents: the one related to the thing adjudicated and the one related to the effect of the appeal and the stay motion that were lodged. [...] To award costs, courts try to establish a fair balance between three principal objectives, namely “providing compensation, promoting settlement and deterring abusive behaviour” (Air Canada v. Thibodeau, 2007 FCA 115 at paragraph 24). [...] [24] In addition, it seems fair to argue that the Applicant is not in a position to get the Band to reimburse him for his legal fees.
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6,993.
Derxhia v. Canada (Citizenship and Immigration) - 2018 FC 140 - 2018-02-07
Federal Court Decisions[9] The RPD found Florens’ testimony that he negotiated drug deals in Lazarat to provide intelligence to CBI was implausible because Lazarat was controlled by a single criminal group. [...] [33] They submit that their right to procedural fairness was violated by the RAD making additional credibility findings without giving them an opportunity to make submissions. [...] [42] Accordingly, I find there was no breach of procedural fairness, and further find that the decision of the RAD was properly conducted in accordance with the jurisprudence from the Federal Court of Appeal, and is reasonable.
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6,994.
Abi-Mansour v. Canada (Passport Canada) - 2016 FCA 5 - 2016-01-12
Federal Court of Appeal Decisions[14] Before turning to the arguments advanced by the appellant, I would note that at the outset of the hearing of this appeal, the appellant questioned whether his appeal would receive a fair hearing because two judges on the panel had heard some of his prior applications in other files before this Court. [...] Had he made such a request, there would have been no basis for recusal as the mere fact that a judge has decided a case against a party does not prevent the judge from fairly deciding a subsequent case involving the same party. [...] Rule 50 specifies that prothonotaries have broad jurisdiction to deal with any motion under the Rules except for motions specifically excluded from their jurisdiction by Rule 50.
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6,995.
Basran v. Canada (Citizenship and Immigration) - 2015 FC 1221 - 2015-10-29
Federal Court DecisionsThe Applicant alleges that the police arrested him along with Harpreet since they thought the Applicant made a secret deal with Harpreet to help him finance the militants. [...] [15] The Applicant further submits that he was not given a fair hearing since the panel member who presided the RAD hearing, Mr. Gallagher, is an Anglophone who could not have understood the Applicant’s submissions, which were presented in French. [...] [20] With respect to procedural fairness issues, the applicable standard of review is correctness (Canada (Citizenship and Immigration) v Khosa, 2009 SCC 12, at para 43, [2009] 1 SCR 339; Siddiqui v Canada (Citizenship and Immigration), 2015 FC 1028, at para 38).
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6,996.
Murray v. Canada (Attorney General) - 2013 FC 49 - 2013-01-21
Federal Court Decisions[3] At issue in Murray I was whether the PSST breached procedural fairness by failing to address whether to admit the PSC Audit as evidence. [...] [4] In Murray I, the Court found the PSST’s failure to acknowledge or consider the PSC Audit to be a breach of procedural fairness. [...] It is difficult to conclude that the Audit has no relevance whatsoever to whether there was systemic discrimination in the respondent’s employment practices and procedures, given that it does deal with an analysis of the respondent’s employment systems during a time period parallel to the appointment process at issue.
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6,997.
Patel v. Canada (Citizenship and Immigration) - 2012 FC 1090 - 2012-09-18
Federal Court Decisions1. relied on extrinsic evidence thus breaching the duty of fairness owed to the Applicant; [...] However, it is also clear that breaches of procedural fairness should be reviewed on a standard of correctness. [...] The current proceeding deals with a failed request to have the parents’ misrepresentations overlooked and to approve the Applicant’s application on H&C grounds.
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6,998.
Corporation Sun Media v. Duproprio Inc. - 2012 FC 1028 - 2012-08-27
Federal Court DecisionsThe important point is, however, that, since 1923, Parliament has made it clear in the provisions of the various Patent Acts that, notwithstanding the jurisdiction conferred by the Exchequer Court Act upon the Exchequer Court to deal with conflicting patent applications, the right to seek redress in that Court by an [...] 3. Une marque de commerce est réputée avoir été adoptée par une personne, lorsque cette personne ou son prédécesseur en titre a commencé à l’employer au Canada ou à l’y faire connaître, ou, si la personne ou le prédécesseur en question ne l’avait pas antérieurement ainsi employée ou fait connaître, lorsque l’un d’eux a [...] Accordingly, is it plain and obvious that section 55 of the TMA, read together with subsection 20(2) of the Act, cannot be given a fair and liberal interpretation (see Canada (Human Rights Commission) v. Canadian Liberty Net, [1998] 1 S.C.R. 626, at pages 657-58) such that it grants jurisdiction over the declaratory action
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6,999.
Frederick v. Canada (Citizenship and Immigration) - 2012 FC 649 - 2012-05-28
Federal Court DecisionsHowever, the Board also noted that neither letter mentioned Lewis trying to find the applicant at any time since she fled, despite both letters being fairly recent at the time of the hearing. [...] In these circumstances, it was incumbent on her counsel to inform the Board that the claims ought to be joined and to do so before the hearing was underway; experienced counsel such as the applicant’s representative at the hearing should also have been aware of the requirement to raise allegations about procedural fairness [...] [29] The respondent cites several decisions that deal with the test for whether a refugee claimant has an IFA and submits that the applicant failed to demonstrate that she would be in danger in either Georgetown or Fancy.
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7,000.
Canada (Attorney General) v Tran - 2011 FC 1519 - 2011-12-23
Federal Court DecisionsDealing with Mr. Quiney, the Report said: 11. [...] This Investigator contacted CRA’s Human Resources Advisor, Kate Perak, on several occasions to set up an interview with Mr. Quiney, who is now retired from the CRA. However, at the time of writing this report, this Investigator has not been contacted. [...] In addition, it would not have been fair to other candidates who were in similar situation to Ms. Tran’s and also had not been hired from that particular pool. [...] The second question is one of procedural fairness and the law is clear that no deference is to be shown on such issues, see Canada (Minister of Citizenship and Immigration) v Khosa, 2009 SCC 12, [2009] 1 SCR 339 at para 44.