11,312 result(s)
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7,676.
Murcia Romero v. Canada (Minister of Citizenship and Immigration) - 2006 FC 506 - 2006-04-21
Federal Court DecisionsSection 216 of the U.S. Immigration and Naturalization Act deals, generally, with “Conditional Permanent Resident Status for Certain Alien Spouses and Sons and Daughters”. [...] If counsel were of the view that the application of Guideline 7 in a particular case would result in a denial of their client’s right to a fair hearing, the earliest practical opportunity to raise an objection and to seek an exception from the standard order of questioning would have been in advance of each scheduled [...] 4. Does a finding that Guideline 7 fetters a Refugee Protection Division Member’s discretion necessarily mean that the application for judicial review must be granted, without regard to whether or not the applicant was otherwise afforded procedural fairness in the particular case or whether there was an alternate basis for
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7,677.
Jhattu v. Canada (Minister of Citizenship and Immigration) - 2005 FC 853 - 2005-06-15
Federal Court Decisions4. Did the officer breach his duty of fairness in making a negative decision without first providing the applicant an opportunity to respond to any concerns he may have had? [...] A fair reading of the CAIPS notes shows that there was nothing unreasonable about the officer's findings of fact. [...] [13] Because of my finding on Issue 1, I need not deal with the other issues.
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7,678.
Ali v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 259 - 2002-03-07
Federal Court DecisionsTo do so would unreasonably impede the proceedings of the Refugee Division whose mandate is to hold hearings expeditiously, keeping in view the efficiency of the process but in fairness to the claimant. [...] [11] Both the Immigration Act, R.S.C. 1985, c. I-2 ("Act") and the Convention Refugee Determination Division Rules, SOR/93-45 (" Rules") contain provisions dealing with adjournments. [...] [35] Having concluded that in the circumstances of this case the CRDD erred in refusing the requested adjournment so as to enable counsel to be present, it follows that Mr. Ali was deprived of his right to a fair hearing.
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7,679.
Madi v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 1062 - 2001-09-27
Federal Court DecisionsAccording to the affidavit of counsel representing the applicant at the hearing, the day after the hearing one of the panel members stated to him during a break in the proceedings and outside the hearing room "where do you find these people, they must be very frustrating to deal with". [...] In these circumstances, the Court concluded that the applicant had not been provided with a full and fair hearing of his claim. [...] Would he think that it is more likely than not that the Tribunal here, whether consciously or unconsciously, would not decide fairly.
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7,680.
Adel v. Canada (Citizenship and Immigration) - 2001 FCT 1017 - 2001-09-13
Federal Court DecisionsThe Refugee Division determined that as a result of the exclusion order issued on May 20, 2001, it had no jurisdiction to deal with his claim. [...] The applicant claims a stay by appealing to fairness; he should grant to others what he is claiming for himself. [...] And in this instance, fairness required that the application be presented earlier.
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7,681.
Olah v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 382 - 2001-04-24
Federal Court DecisionsThis is a fair and accurate characterization of the evidence. The CRDD then went on to state: [...] [35] It was said that the panel did not expressly deal with this evidence in its reasons and Ms. Turu accordingly asserted that the CRDD erred in failing to assess her risk of persecution independently from the risk faced by her husband, the principal applicant. [...] to be used and relied upon by other CRDD panels, without full particulars of the genesis and parametres of the "lead case", in the tribunal record, give rise to a reasonable apprehension of bias, constitute denial of a fair hearing, or is otherwise contrary to the scheme and CRDD jurisdiction under the Immigration Act?
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7,682.
Pioneer Grain Co. v. Cherkassy (The) - 2000-02-23
Federal Court DecisionsInstead, near the very end of the hearing of the present motion, when it became fairly obvious that things were not going well for the Plaintiffs, counsel for the Plaintiffs offered to try to bring the documents from Gauhati. [...] I think -- we had some discussion about that, but I am prepared to deal with it because I think it's very telling. [...] Fair enough. To my knowledge, there's no evidence from the underwriters that a representative went to India, knocked on Mr. Kothari's door and said, "We're going to Guwahati to get these documents," before or after the order -- certainly after this order.
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7,683.
Marcoux v. Canada (Attorney General) - 1999-11-30
Federal Court Decisions(1) S'il sait ou soupçonne qu'une personne est ou sera, dans les douze mois, tenue de faire un paiement à une autre personne qui, elle-même, est tenue de faire un paiement en vertu de la présente loi (appelée "débiteur fiscal" au présent paragraphe et aux paragraphes (1.1) et (3)), le ministre peut exiger par écrit de cette [...] This to me indicates Parliament"s intention to deal differently with the seizure of the debtor"s property depending on whether it is chattels or amounts owing to him by third persons.
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7,684.
Rangel Lezama v. Canada (Citizenship and Immigration) - 2011 FC 986 - 2011-08-11
Federal Court DecisionsThese are questions of procedural fairness, reviewable on the correctness standard. [...] [36] Finally, the Respondent points out that the Applicants failed to show that the conduct of their former counsel deprived them of natural justice or procedural fairness. [...] The Amnesty report deals with human right violations within the public security and criminal justice system.
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7,685.
Tekano v. Canada (Attorney General) - 2010 FC 818 - 2010-08-12
Federal Court Decisions[24] Mr. Tekano did not raise an issue of procedural fairness nor did he contest the neutrality or thoroughness of the report so as to justify looking at evidence not actually considered by the Commission, acting in its capacity as decision-maker as opposed to in its investigative role. [...] Still, it constitutes an important threshold in accessing “the remedial powers of the Tribunal under section 54: a decision at this stage by the Commission not to deal with a complaint is a decision which effectively denies the complainant the possibility of obtaining relief under the Act” (Sketchley, para. 75). [...] z.1.1) précisant les sources de revenu qui peuvent faire l’objet des retenues prévues à l’alinéa 78(2)a) et des versements prévus à l’alinéa 78(2)b);
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7,686.
Heinig v. The Queen - 2010 TCC 351 - 2010-07-09
Tax Court of Canada JudgmentsIt involves mainly the credibility of the two protagonists behind the events in which the appellant, who now has to deal with the reassessments at issue, got caught up. [...] Dealing in cash implies lack of a paper trail and makes it more difficult to trace revenues. [...] [108] Indeed, Earl Heinig’s testimony clearly establishes his lack of scruples in dealing with his financial and tax obligations.
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7,687.
Canada (Attorney General) v. Canada (Information Commissioner of Canada) - 2007 FC 1024 - 2007-10-05
Federal Court Decisions[15] The two affidavits sworn by Ms. Poirier, a paralegal with the Office of the Commissioner, raise different issues and I shall therefore deal with them separately. [...] [18] As to the affidavit of Mr. Saunders and his cross-examination, they were generated in the context of a different proceeding dealing with different orders issued by the Deputy Commissioner in 2001. [...] A motion pursuant to Rule 312 of the Rules should not deal with material that could have been made available at an earlier date: Mazhero v. Canada Industrial Relations Board, 2002 FCA 295, at para. 5.
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7,688.
Miel Labonté Inc. v. Canada (Attorney General) - 2006 FC 195 - 2006-02-14
Federal Court Decisions- Did the Minister violate his duty of fairness toward the applicant? [...] The CFIA is responsible for the administration of several statutes dealing with agriculture, safety, breeding, public health and food quality. [...] 4. Did the Minister violate his duty of fairness toward the applicant?
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7,689.
Eli Lilly Canada Inc. v. Mylan Pharmaceuticals ULC - 2015 FC 125 - 2015-02-02
Federal Court DecisionsThe next section, dealing with Preparations, is not at issue either in this application. [...] I will nevertheless deal with them separately, starting with the second one. [...] To be fair, Dr. Brock and Dr. Goldstein are of the opposite view on this question.
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7,690.
Cardinal v. Bigstone Cree Nation - 2018 FC 822 - 2018-08-09
Federal Court DecisionsMy decision shall focus only on procedural fairness. [23] It has long been established that issues of procedural fairness are to be reviewed against the standard of correctness (Mission Institution v Khela, 2014 SCC 24 at para 79; Canada (Citizenship and Immigration) v Khosa, 2009 SCC 12 at para 43). [...] According to the Applicant’s own statement in cross-examination, everyone knew that the purpose of the in camera meeting was to deal with the Applicant’s residency (Applicant’s Record, Volume Three, at 181-182). [...] However, I am not persuaded, based on the evidence before me, that the Applicant’s rights to procedural fairness were breached.
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7,691.
Hou v. Canada (Citizenship and Immigration) - 2012 FC 993 - 2012-08-14
Federal Court DecisionsHowever, consideration of the alleged violation of procedural fairness attracts no deference. [...] [14] Turning, finally, to the claimed violation of the principles of procedural fairness, it is for the reviewing court to determine whether the RPD violated principles of procedural fairness. [...] Accordingly, the RPD panel member did not commit a breach of procedural fairness in making the impugned comments.
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7,692.
Apotex Inc. v. Wellcome Foundation Ltd. - 1998-03-25
Federal Court DecisionsIn my opinion, the patent deals with an economic area related to trade, commerce or industry. [...] Dealing with the "conclusions as to prediction", Graham J. said (at pp. 192-93): [...] While there can be no question that a patent must be fairly construed, if such fair construction reveals that an essential element (in this case a limitation) has not been claimed, the omission is fatal to the claim's validity.
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7,693.
Harkat v. Canada (Minister of Citizenship and Immigration) - 2006 FC 628 - 2006-05-23
Federal Court Decisions[53] Mr. Harkat’s counsel has submitted that if the Court so concluded it would be unnecessary for the Court to deal with his late raised issue with respect to the constitutionality of subsection 84(2) of the Act. I agree, and will not deal with the issue. [...] The Court concluded, at paragraph 85, that the phrase must be given a "fair, large and liberal interpretation in accordance with international norms." [...] This supports the conclusion that while "danger to the security of Canada" must be given a fair, large and liberal interpretation, it nevertheless demands proof of a potentially serious threat.
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7,694.
Rogers Communications Canada Inc. v. Society of Composers, Authors and Music Publishers of Canada - 2021 FC 207 - 2021-03-05
Federal Court Decisions[117] Ms. Brown reviewed how SOCAN would deal with a reimbursement of royalties to SOCAN. There are two ways. [...] [125] There is no definitive list of factors for determining whether, in a particular case, it is fair to apply issue estoppel. [...] [174] Lump sum awards are quite common in this Court when dealing with sophisticated commercial parties.
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7,695.
Peepeekisis Band v. Canada - 2012 FC 915 - 2012-07-19
Federal Court DecisionsThe policy behind limitation periods is to strike a balance between protecting the defendant's entitlement, after a time, to organize his affairs without fearing a suit, and treating the plaintiff fairly with regard to his circumstances. [...] Witnesses are no longer available, historical documents are lost and difficult to contextualize, and expectations of fair practices change. [...] [64] The Defendant also argues that the “Plaintiffs lacked a genuine issue for trial because the limitation period for advancing this claim has long since passed.” I will deal with this matter in considering summary dismissal.
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7,696.
MacNeil v. Canada - 2002 FCT 277 - 2002-03-13
Federal Court DecisionsRather, Wilson testified that she "wanted to be fair" to the Plaintiff, that she was curious about him, and that it was an informal conversation. [...] For this reason, I have concluded that Tidsbury's reaction to these incidents cannot fairly be described as malicious. [...] I indicated that an adjournment would not be available to deal with a subject that should have been an obvious part of his case.
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7,697.
Brent Carlson Family Trust v. Canada (National Revenue) - 2021 FC 506 - 2021-05-28
Federal Court DecisionsThe agreed elected amount would also be the fair market value and adjusted cost base (ACB) of the Class F preferred shares received by the Trusts. [...] The auditor, Ms. T. Wu, concluded that the capital gains realized by the Trusts in the exchange transactions resulted from the disposition of shares in a private company to a person not dealing at arm’s length with the minor beneficiaries. [...] [66] At issue in these applications is the fairness of the Minister’s process in considering the Second Request.
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7,698.
Connolly v. Canada (National Revenue) - 2019 FCA 161 - 2019-05-24
Federal Court of Appeal DecisionsHe also says that the correctness standard applies to the assessment of whether the delegate violated his rights to procedural fairness. [...] [59] Dealing first with the interpretation of subsection 204.1(4) of the ITA, it is my view that the delegate’s interpretation is unreasonable and therefore, by definition, incorrect. [...] In a similar fashion, Black’s Law Dictionary defines reasonable as meaning, in this context, “fair, proper, or moderate under the circumstances; sensible”.
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7,699.
Vodics v. Canada (Minister of Citizenship and Immigration) - 2005 FC 783 - 2005-05-31
Federal Court Decisionsa) faire des observations sur la fiabilité et l'utilisation du renseignement ou de l'opinion; [...] I think it is fair to say that to meet this level of certainty is very difficult, if not impossible. [...] I was dealing more with the physical aspects and I'll worry about the mental aspects later.
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7,700.
Sidhu v. Canada (Public Safety and Emergency Preparedness) - 2023 FC 1681 - 2023-12-14
Federal Court Decisions[7] In assessing those Decisions, the standard of review applicable to the procedural fairness issue raised by Mr. Sidhu is whether the process followed in reaching the Decisions was fair, having regard to all of the circumstances. [...] [9] For the reasons set forth below, I find that the processes followed by the Officer and the Delegate were fair, having regard to all of the circumstances. [...] [34] For the record, and more broadly speaking, the process leading up to the Officer’s Decision was more than fair in the circumstances.