11,315 result(s)
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7,401.
Shamsuddin v. Canada (Minister of Citizenship and Immigration) - 2000-08-15
Federal Court DecisionsHe maintains that even if travelling to Canada is considered relevant, the failure to indicate his concerns about the lack of travel was a breach of the duty of fairness. [...] [13] The visa officer deals with the personal suitability of the applicant in paragraph 13 of his affidavit as follows:
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7,402.
Bhandal v. Canada (Minister of Citizenship and Immigration) - 2000-07-19
Federal Court DecisionsHowever, given the applicant's explanation as to why the family would not move, the Board"s implausibility finding is not one that carries a great deal of weight. [...] The Board fairly evaluated the documentary evidence and it is entitled to prefer that evidence to that given by the applicant.
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7,403.
Bullis v. Canada (Solicitor General) - 2000-07-12
Federal Court DecisionsCertainly a decision to transfer an inmate must be one which accords with procedural fairness: see for example R. v. Chester (1984) 5 Admin L.R. 111 at 144, a decision of the Ontario High Court. [...] However, I am not at this point dealing with the merits of Mr. Bullis" application.
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7,404.
Farah v. Canada (Minister of Citizenship and Immigration) - 1999-03-25
Federal Court Decisions(9.1) La décision doit faire état de l'absence de minimum de fondement, lorsque chacun des membres de la section du statut ayant entendu la revendication conclut que l'intéressé n'est pas un réfugié au sens de la Convention et estime qu'il n'a été présenté à l'audience aucun élément de preuve crédible ou digne de foi sur [...] [21] The Board chose not to deal with the inconsistencies between the claimant"s testimony and the testimony of her daughters and addressed the credibility concerns that arose in the claimant"s own evidence.
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7,405.
Midland Hutterian Brethren v. The Queen - 1999-02-26
Tax Court of Canada Judgments[12] In Pillar Oilfield Projects Ltd. v. The Queen, [1993] 2 G.S.T.C. 1005 (T.C.C.) Bowman, J. held that it would be contrary to the principles of "fundamental justice" and "fairness" to withhold the right to plead due diligence with regard to penalties imposed under s. 280 of the Excise Tax Act. That decision has been [...] In the present appeal, we are dealing with an "administrative penalty".
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7,406.
Djeziri v. Canada (Minister of Citizenship and Immigration) - 1998-06-04
Federal Court Decisions[7] Since the above-mentioned factors played a very important role in the panel"s assessment of the claimant"s credibility, I consider it fair and reasonable to refer this matter back to a panel composed of different members to reconsider the matter on the basis of information from authoritative sources. [...] [10] A document in the record entitled "Algeria: Political and Human Rights Update", which was prepared by the Research Directorate of the Immigration and Refugee Board, deals, in Chapter 5, with groups at risk of armed Islamist attacks.
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7,407.
Giesbrecht v. Canada - 1998-05-08
Federal Court Decisions90. There shall be a procedure for fairly and expeditiously resolving offenders' grievances on matters within the jurisdiction of the Commissioner, and the procedure shall operate in accordance with the regulations made under paragraph 96(u). [...] Judicial review does not deal with the merits and a favourable result to an inmate would simply return the matter for redetermination to the tribunal appealed from.
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7,408.
So v. Canada (Minister of Citizenship and Immigration) - 1998-01-08
Federal Court DecisionsAnd in such a capacity he has to deal with business people so as to assess the viability of their businesses. [...] "When assessing the application of a potential 'entrepreneur', the duty of fairness requires a visa officer to assess the applicant, not only on the applicant's ability to establish a business but also the ability to purchase or make a substantial investment in a business or commercial venture.
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7,409.
Canada (Public Safety and Emergency Preparedness) v. Hamdan - 2019 FC 1129 - 2019-09-03
Federal Court DecisionsFurthermore, he would be located in a rural, fairly remote location, with limited mobility. [...] Second, the ID remarked that Mr. Hamdan required two breaks, and took it upon himself to leave the room “to calm himself down and deal with his emotions.” The Member went on to note that it is: [...] k) informer par écrit l’Agence des services frontaliers du Canada, le cas échéant, de son intention de quitter le Canada et de la date à laquelle il entend le faire.
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7,410.
Back v. Canada (Citizenship and Immigration) - 2016 FC 257 - 2016-02-29
Federal Court Decisions[47] The Applicants argue that Justice Rennie did not, in Tabingo, deal with the scope and constitutionality of s 87.4(2). [...] As the Federal Court of Appeal concluded in Austria, s 87.4 was legitimately enacted to deal with an enormous backlog of FSW applications. [...] 2. If the answer to question 1(a) and/or (b) is “yes”, is s. 87.4(2) unconstitutional, and of no force and effect, for violating the (Applicants’) right to judicial independence and a fair and impartial judiciary?
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7,411.
Marlboro Canada Limited v. Philip Morris Products S.A. - 2012 FCA 201 - 2012-06-29
Federal Court of Appeal DecisionsIn my view, when he refers to “deceptive behaviour”, he simply does so in order to deal with PM’s argument that ITL’s behaviour was indeed deceptive. [...] To be fair, this sentence should be read in its entirety as the trial judge adds “as we shall see, when examining the infringement claim based on section 20 of the Act”. [...] It is therefore unnecessary to deal with this issue. ii. Copyright Infringement
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7,412.
Landry v. The Queen - 1999-09-27
Tax Court of Canada JudgmentsShe presumed that they knew because they had been dealing with both of them. [...] [34] Her dealings with Revenue Canada with respect to her husband's debt may have prompted her to go ahead with the signing of the note and the agreement to protect her but this is not why they were done. [...] [119] The Court will deal with question number 4 posed by the Appellant first.
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7,413.
Taslar Trading Corporation v. Canada (Attorney General) - 2021 FC 71 - 2021-01-21
Federal Court DecisionsSecond, they also accept that the Saskatchewan Pulse Growers Levy of 0.67% plus GST is fair and reasonable. [...] grain dealer means a person who, for reward, on his own behalf or on behalf of another person, deals in or handles western grain; (négociant en grains) [...] licence Autorisation délivrée par la Commission pour l’exploitation d’une installation ou pour faire profession de négociant en grains.
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7,414.
Ullah v. Canada (Citizenship and Immigration) - 2020 FC 83 - 2020-01-23
Federal Court Decisions[15] The RAD identified the two prong test that must be applied in assessing an IFA. One prong is concerned with the safety of the area where the claimant could find a flight alternative, while the other deals with the conditions in that part of the country that would make the alternative unreasonable. [...] There was no violation of the principles of procedural fairness. [35] The same must be said of a “police report” concerning the alleged attack of September 15, 2015. [...] This goes to the sufficiency of the evidence; there was no violation of a principle of procedural fairness (Farooq v Canada (Citizenship and Immigration), 2013 FC 164; Procedural Fairness Where Credibility is an Issue, by Steven Meurrens, meurrensonimmigration.com).
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7,415.
Chipesia v. Blueberry River First Nations - 2019 FC 41 - 2019-01-11
Federal Court DecisionsFrom their perspective, a preliminary issue is whether this Court has jurisdiction to deal with some or any of the matters in this application. [...] I conclude that the consultation process, while far from perfect, was fundamentally procedurally fair. [...] In the circumstances, I find that the essential element of a fair process in this context was present.
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7,416.
Palka v. Canada (Citizenship and Immigration) - 2008 FC 189 - 2008-02-14
Federal Court DecisionsThe officer reproduced a lengthy section of the report dealing with domestic violence against women and included statistics of reported cases, and prosecutions. [...] 3. Did the officer breach procedural fairness by failing to provide the applicants with a hearing to address credibility concerns? [...] Did the officer breach procedural fairness by failing to provide the applicants with a hearing to address credibility concerns?
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7,417.
Canada (Attorney General) v. Savard - 2006 FCA 327 - 2006-10-13
Federal Court of Appeal Decisionsa) à l’occasion d’une demande de prestations, faire sciemment une déclaration fausse ou trompeuse; [...] d) faire une demande ou une déclaration que, en raison de la dissimulation de certains faits, l’on sait être fausse ou trompeuse; [...] The fact that this sanction was not inserted in the part of the Act dealing with penalties (section 38 et seq.), but rather in the part pertaining to entitlement, hardly improves things; this is an understatement.
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7,418.
Dawe v. Canada (Royal Canadian Mounted Police) - 2003 FC 861 - 2003-07-10
Federal Court Decisions(4) breached procedural fairness by failing to provide full disclosure and a chance to respond to the applicant; [...] There was a great deal of evidence and correspondence between the investigator and the parties in this case and she could not be expected to refer to each piece of evidence in her decision. [...] 2. Procedural Fairness [28] The respondent provided a written response to the applicant's human rights complaint on August 18, 1998.
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7,419.
Saskatchewan Telecommunications v. The Queen - 1999-08-31
Tax Court of Canada JudgmentsHe further testified that the values assessed were based upon the difference between what he calculated to be the fair market value of the parking spaces and the amounts the employees paid. [...] For parkades he calculated the fair market value on the basis of the rates at the Cornwall Parkade as described in assumption (nn). [...] Rather, the Appellant and its employees were at arm's length and they made mutual deals respecting the parking in which each got consideration for what it gave.
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7,420.
Jensen v. Samsung Electronics Co., Ltd. - 2019 FC 373 - 2019-03-26
Federal Court DecisionsIn Mylan, the FCA pointed to the “broad discretionary considerations” involved by the test, one of those being the public interest consideration in proceedings moving “fairly and with due dispatch”. [...] [17] I agree with the Defendants that, in the specific context of class proceedings, no cases dealing with the “interest of justice” test have specifically considered the interface between FC Rule 385 and paragraph 50(1)(b) of the FC Act. I also accept that FC Rule 385 is meant to provide latitude to the case management [...] In other words, the pause requested by the Defendants would not represent, at this stage and in the circumstances of this case, a fair, timely, efficient and expeditious way to proceed.
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7,421.
Gramiak v. Canada - 2015 FCA 40 - 2015-02-06
Federal Court of Appeal Decisions(b) acquires property for a consideration greater than the fair market value of the property at the time of the acquisition, [...] (iii) is made as a consequence of a transaction involving the taxpayer and a non-resident person with whom the taxpayer was not dealing at arm’s length, [...] (a) may prejudice or delay the fair hearing of the appeal; a) peut compromettre ou retarder l’instruction équitable de l’appel;
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7,422.
Tarafder v. Canada (Citizenship and Immigration) - 2013 FC 817 - 2013-07-25
Federal Court Decisions[21] The first issue raised by the applicant concerns procedural fairness. [...] [35] On the second issue of the best interests of the children, the respondent claims the officer examined this factor with a great deal of attention. [...] a. Did the officer breach procedural fairness by not conducting an oral interview?
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7,423.
Danada Enterprises Ltd. v. Canada (Attorney General) - 2012 FC 403 - 2012-04-12
Federal Court Decisions[7] I propose to deal with each of these issues and their underlying facts in turn. [...] [17] I will turn first to the Applicant’s procedural fairness argument. [...] In the circumstances, I find that the Minister’s actions do not amount to a breach of procedural fairness.
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7,424.
Guleed v. Canada (Citizenship and Immigration) - 2012 FC 22 - 2012-01-10
Federal Court Decisionsi. Did the officer breach her duty of procedural fairness in failing to provide adequate reasons for her decision? [...] * * * * * * * * i. Did the officer breach her duty of procedural fairness in failing to provide adequate reasons for her decision? [...] Consequently, he was left to speculate as to why he would be allowed to return, considering the provisions of the INA dealing with aliens and crimes of moral turpitude.
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7,425.
Patel v. Canada (Citizenship and Immigration) - 2009 FC 602 - 2009-06-11
Federal Court Decisions3. Did the officer breach procedural fairness by making negative credibility findings without interviewing Mr. Patel? [...] [36] Because of my findings on this issue, I need not deal with the remaining issue. [...] 215.(1) L’étranger peut faire une demande de permis d’études après son entrée au Canada dans les cas suivants :