11,312 result(s)
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8,101.
Moushoom v. Canada (Attorney General) - 2023 FC 1533 - 2023-11-20
Federal Court DecisionsT-1120-21) dealing with the claims previously advanced in the Moushoom Class Action relating to delays, denials and gaps in the provision of essential services between April 1, 1991 and December 11, 2007 [Trout Class Action]. [...] In its decision, this Court urged the parties to work towards achieving a fair and just settlement. [...] [70] Class Counsel assert that the Final Settlement Agreement is fair, reasonable and in the best interests of the Class Members.
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8,102.
Parmar v. Canada (Attorney General) - 2018 FC 912 - 2018-09-13
Federal Court Decisions[51] In the present case, Canpar desires and expects fairness. The result of this judicial review will not meet this expectation. [...] The task of this Court on judicial review is not to determine what is fair in the circumstances but whether the Delegate’s decision is reasonable in the legal sense of the standard described above. [...] La Cour peut faire droit à la demande et imposer les conditions qu’elle estime justes.
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8,103.
Gagliano v. Goodale - 2018 FC 820 - 2018-08-09
Federal Court Decisions[16] In requesting a review of the seizure terms, the Applicant submitted that he had been forthcoming in dealing with the BSO at Pearson International Airport and he did not attempt to conceal the ring. [...] (2) La déclaration visée au paragraphe (1) est à faire selon les modalités réglementaires de temps et de forme fixées par le gouverneur en conseil. [...] (3.1) Il est entendu que le fait de faire entrer des marchandises au Canada après leur sortie du Canada est une importation aux fins de la déclaration de ces marchandises prévue au paragraphe (1).
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8,104.
Abel v. Asselin - 2014 FC 66 - 2014-01-21
Federal Court Decisionsa) faire procéder à une enquête sur toute question concernant l’emploi dans un établissement; [...] (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe; [...] 2925. L’action qui tend à faire valoir un droit personnel ou un droit réel mobilier et dont le délai de prescription n’est pas autrement fixé se prescrit par trois ans.
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8,105.
Ivanov v. Canada (Minister of Citizenship and Immigration) - 2006 FC 1055 - 2006-09-01
Federal Court Decisions; 2. Did the Board breach its duty of fairness by failing to advise the applicant that the best interests of his child were part of the case to be met, depriving him of an adequate opportunity to respond? [...] The question of procedural fairness is one the Court must decide as a matter of law on a correctness standard. [...] This is, admittedly, an unusual provision in that it gives the I.A.D. considerable discretionary power in dealing with the removal of permanent residents.
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8,106.
9101-9380 Québec Inc. v. Canada (Customs and Revenue Agency) - 2005 FC 895 - 2005-06-23
Federal Court DecisionsIt is the same office that the Solicitor's Clerk case deals with, namely to provide a disqualification based on past conduct which may show unfitness for the exemption. [...] [22] On the question of the principles of fairness, the applicant contends that the respondent's refusal to have regard to its arguments violates the principles of fairness in that it denies the applicant the opportunity to submit objections to the cancellation and does not allow it to present its arguments for review [...] (d) to be presumed innocent until proven guilty according to law n a fair and public hearing by an independent and impartial tribunal;
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8,107.
A.B. v. Canada (Citizenship and Immigration) - 2020 FC 498 - 2020-04-07
Federal Court DecisionsAccording to A.B., the Officer did not deal in substance with his explanation. [...] (2) Did the Officer’s decision not to convoke an oral hearing violate procedural fairness? [...] (2) Did the Officer’s decision not to convoke an oral hearing violate procedural fairness?
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8,108.
London Drugs Limited v. International Clothiers Inc. - 2014 FC 223 - 2014-03-06
Federal Court DecisionsAs the Supreme Court stated in Mattel (at para 25), the Board is only required to deal with potential sources of confusion that, in its view, have about them an “air of reality”. [...] dealing in optical accessories; Operation of a retail outlet dealing in the sale of watches and jewellery and repairing watches and jewellery; Operation of a retail outlet dealing in the sale and rental of video tapes, video equipment and all services and accessories related thereto; Operation of a retail outlet dealing [...] dealing in optical accessories; Operation of a retail outlet dealing in the sale of watches and jewellery and repairing watches and jewellery; Operation of a retail outlet dealing in the sale and rental of video tapes, video equipment and all services and accessories related thereto; Operation of a retail outlet dealing
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8,109.
Bekauri v. Canada (Citizenship and Immigration) - 2023 FC 941 - 2023-07-13
Federal Court DecisionsThe Officer did not refer to every single piece of new evidence before him, or deal with each instance of hardship, and he did not need to. [...] [25] The Applicant also asserts that the Officer misses the point in stating that procedural fairness was followed by the RPD in its consideration of the two letters, as the Applicant was not raising an issue of procedural fairness. [...] Moreover, the Officer did consider the content of the letters and their treatment by the RPD in the context of the H&C application before them and, given the circumstances, reasonably viewed the Applicant’s explanation of why he was attempting to rely on the discredited letters through the lens of procedural fairness.
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8,110.
Voltage Pictures, LLC v. John Doe - 2017 FCA 97 - 2017-05-09
Federal Court of Appeal DecisionsWe must also regard this legislative regime as “remedial” and give it “such fair, large and liberal construction and interpretation as best ensures the attainment of its objects”: Interpretation Act, R.S.C. 1985, c. I-21, section 12. [...] [27] Thus, to the extent it can, the legislative regime must be interpreted to allow copyright owners to protect and vindicate their rights as quickly, easily and efficiently as possible while ensuring fair treatment of all. [...] Again, Parliament seems to have sought flexibility: to ensure that at the end of the process the courts can deal with any unfairness arising under this new legislative regime.
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8,111.
Lewis v. Canada (Public Safety and Emergency Preparedness) - 2015 FC 1309 - 2015-11-25
Federal Court DecisionsWhen a particular “law” is being assessed for Charter compliance, on the other hand, we are dealing with principles of general application. [...] Applicants are entitled to procedural fairness in submitting deferral requests and having them considered. [...] This is a sufficient mechanism to address the Applicant’s concerns on fairness and the application of the Charter.
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8,112.
Bird v. Canada (National Revenue) - 2014 FC 843 - 2014-09-04
Federal Court Decisions[44] Although the applicant does not frame it this way, aspects of his argument about the missing documents raise a procedural fairness issue. [...] Rather, my only task is to determine whether the second level decision was procedurally fair and reasonable at the time it was made and I am satisfied that it was. [...] [71] Because of my conclusions, I need not deal with Issue 5. JUDGMENT
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8,113.
Association des Crabiers Acadiens Inc. v. Canada (Attorney General) - 2008 FC 1358 - 2008-12-09
Federal Court DecisionsFinally, the current case had already reached a fairly advanced stage, that is to say the hearing itself. [...] It does not include everything dealing with the subject which may have crossed his desk at a prior time. [...] In his affidavit, Mr. Vienneau claims that such grants are now based on the principle of fairness:
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8,114.
Beaulieu v. Canada (Attorney General) - 2022 FC 1671 - 2022-12-05
Federal Court Decisions[15] After raising some preliminary issues with the parties, the Commission informed them on December 5, 2019 that it would deal with the Complaint. [...] (2) Is the Decision procedurally fair? [111] The Applicant argues that he was deprived of procedural fairness both because the Officer was not thorough in her investigation and because her Report demonstrates bias on her part. [...] I find no breach of procedural fairness in the process leading to the Decision.
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8,115.
Haynes v. Canada (Attorney General) - 2023 FCA 244 - 2023-12-15
Federal Court of Appeal DecisionsIt is worth reminding in this regard that judges are advised to ensure that self‐represented litigants are treated fairly and are in a position to fully understand and participate in a proceeding (Canada (Public Safety and Emergency Preparedness) v. Ewen, 2023 FCA 225 at para. 30). [...] The Federal Court’s hastiness in dealing with that letter clearly affected the appellant’s procedural rights.
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8,116.
Vidéotron Ltée v. Technologies Konek Inc. - 2023 FC 1162 - 2023-08-29
Federal Court Decisions[7] I will deal first with the defendants’ submissions regarding divided success and which parties are entitled to costs. [...] [21] In light of all these factors, I consider it fair and reasonable to award a slight increase in costs over the amount that would result from the application of the Tariff.
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8,117.
Eluwole v. Canada (Citizenship and Immigration) - 2023 FC 1165 - 2023-08-29
Federal Court DecisionsDid the Officer breach procedural fairness by relying on extrinsic evidence without providing the Applicant with an opportunity to respond? [...] Those interests must be “well identified and defined” and examined “with a great deal of attention” in light of all the evidence: Legault v. Canada (Minister of Citizenship and Immigration), 2002 FCA 125 (CanLII), [2002] 4 F.C. 358 (C.A.), at paras. 12 and 31; Kolosovs v. Canada (Minister of Citizenship and Immigration),
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8,118.
Rodriguez Lopez v. Canada (Citizenship and Immigration) - 2021 FC 66 - 2021-01-19
Federal Court Decisions[11] Here, we are not dealing with general country condition evidence. [...] This was not a reasonable or fair use of the fact-finding of another panel.
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8,119.
Mirkarimi v. Canada (Citizenship and Immigration) - 2019 FC 1386 - 2019-11-12
Federal Court Decisions[11] On February 1, 2019, the Officer added an addendum to his decision to deal with the additional evidence submitted by counsel for Mr. Mirkarimi. [...] [12] Based on Mr. Mirkarimi’s factum, the Court must determine (1) whether the Officer breached the rules of procedural fairness in rendering his decision without a hearing, and (2) whether the Officer rendered an unreasonable decision in not taking the evidence on the record into consideration.
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8,120.
Bansal v. Immigration Consultants of Canada Regulatory Council - 2019 FC 1273 - 2019-10-09
Federal Court Decisions(a) the Discipline Committee has heard an urgent application by legal counsel for the Council, during which the person complained of is given a fair opportunity to present its reasons for opposing the application, and the Committee has decided the application in favor of the Council, and [...] [29] In support of his claim that the stay will cause irreparable harm to his professional and business reputation, Mr. Bansal relies upon a number of cases dealing with the suspension or practice restrictions placed on medical doctors, namely, Kumar v College of Physicians and Surgeons of Alberta (2019) ABQB 514 and
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8,121.
Lien v. Canada (Attorney General) - 2017 FC 943 - 2017-10-23
Federal Court DecisionsNot only was she not allowed to return to her own “:safe” residence, but she was required to return to a location that made her have to deal with unsupportive family members and where she experienced previous childhood abuse. [...] The [Review] Panel fairly assessed the opinions of Dr. S. Tran, psychiatrist and Dr. W. Miller, registered psychologists.
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8,122.
Sharp v. Canada (National Revenue) - 2017 FC 684 - 2017-07-13
Federal Court DecisionsThey submit that an “honest mistake” was made by Mr. Sharp in dealing with Mr. Nagin. [...] The applicants, on the other hand, say that the most convenient and fair way to proceed is simply to replace the Kaiser affidavit with an identical affidavit except with the struck evidence removed.
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8,123.
Nkunzimana v. Canada - 2016 FC 1249 - 2016-11-08
Federal Court Decisions[1] This is a motion from the defendant, which I would describe as sui generis, dealing with a final decision that I rendered on July 23, 2014. [...] [12] Sections 3 and 4 of the Federal Courts Rules invite me to seek a fair solution to the dispute that is as expeditious and economical as possible and which, if the Rules are silent, refers the Court to the practice of the most relevant Superior Court, in this case, the Superior Court of Québec.
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8,124.
Boztas v. Canada (Citizenship and Immigration) - 2016 FC 139 - 2016-02-05
Federal Court DecisionsThe first deals with the no credible basis finding; the assertion being that it was not made in accordance with settled jurisprudence of this Court, a position which I accept. [...] (2) Si elle estime, en cas de rejet, qu’il n’a été présenté aucun élément de preuve crédible ou digne de foi sur lequel elle aurait pu fonder une décision favorable, la section doit faire état dans sa décision de l’absence de minimum de fondement de la demande.
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8,125.
Johnson v. Canada (Citizenship and Immigration) - 2013 FC 53 - 2013-01-25
Federal Court DecisionsPolice receive special training in dealing with mental health issues. [...] The officer’s reasons, as set out above, included a fair summary of the actual evidence relating to Mr Johnson’s condition.