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Canada (Attorney General) v. Al Jabri - 2023 FC 1338 - 2023-10-06

[34] Sakab submits that once counsel for Al Jabri stated that the proffer was the document subject to the second Section 38 CEA Notice, Sakab focussed on the lack of jurisdiction to deal with the proffer pursuant to Section 38.   [...]  Al Jabri argues that the Court directly addressed and determined the fairness issue in Sakab #1.   [...]  The AGC notes the role of the AGC as an officer of the Court and that of the amicus in ensuring a fair process.

Bellefeuille v. Canada (Public Safety and Emergency Preparedness) - 2009 FC 663 - 2009-06-25

(iii) establishing an agency that is responsible for dealing with reported and other information;   [...]   du paragraphe 12(1) se trouvent parmi des bagages et n’ont pas été déclarés conformément à ce paragraphe, fouiller les bagages, examiner toute chose qui s’y trouve et en ouvrir ou faire ouvrir tous colis ou contenants, et faire conduire les bagages à un bureau de douane ou à tout autre lieu indiqué pour ces opérations.   [...]  (3) L’agent peut faire ouvrir en sa présence un envoi pesant au plus trente grammes par le destinataire, l’expéditeur ou la personne autorisée par ce dernier.

Canada v. Cheema - 2018 FCA 45 - 2018-02-27

La livraison du bien ou la prestation du service aux termes de la convention est réputée faire partie de la fourniture et ne pas constituer une fourniture distincte.   [...]  An agent acts for, and on behalf of, his principal and subject to his control; a trustee as such is not subject to the control of his beneficiary, although he is un-der a duty to deal with the trust property for the latter's benefit in accordance with the terms of the trust, and can be compelled by the beneficiary to   [...]  [109] It must be recalled that we are dealing with a self-assessment system comprised of millions of tax returns verified through audits.

Carr v. Canada - 2009 FC 576 - 2009-06-02

The Plaintiff was awarded $12,000 for pain and suffering and for damages as he continues to deal with symptoms of PTSD.   [...]  [60] The Crown concludes by stating that the CSC’s way of dealing with the telephone area was reasonable and effective.   [...]  Is that fair? A: Yes. At page 74 of the transcript the following is documented:

Canada (Citizenship and Immigration) v. Jaballah - 2006 FC 115 - 2006-02-01

Act. Yet all were in support of the Court's authority to deal with the application for release from detention in this case where the Court is urged to grant relief under s-s. 24(1) of the Charter, or under s-s. 52(1) of the Constitution Act, 1982, on the ground that rights guaranteed by the Charter have been infringed.   [...]  [71] While much time has elapsed since this security certificate proceeding began, that time has been required, in essence to ensure fairness in proceedings, mainly initiated by Mr. Jaballah, as is his right.   [...]  [86] In view of my determination to grant a constitutional exemption to Mr. Jaballah from continuing detention under s-s. 82(2) of IRPA unless there be a review of the detention and an order for its continuance by a judge, there is no necessity to deal with the alternative issue raised on his behalf, that is that the

Francis v. Mohawk Council of Kanesatake - 2003 FCT 115 - 2003-01-31

The respondents assert that in Bigstone, supra, the band council was exercising a power conferred under the Act in respect of the management of the native lands and funds rather than dealing with the election process and therefore, it should be distinguished from the case at bar.   [...]  [72] Fair play and impartiality are vital to the democratic process the Band members chose to adopt in 1991 when they opted for an elective system.   [...]  The systematic recourse by Council in past elections to independent agencies ensured that all electors (residents and non-residents) and candidates were not discriminated against and were treated fairly.

Enns v. The King - 2023 TCC 28 - 2023-03-08

[4] Accordingly, some time following Mr. Enns’ death the $102,789.52 fair market value of the subject RRSP was paid out to Mrs. Enns.   [...]  12. The provisions of the Income Tax Act must be interpreted in order to achieve consistency, predictability and fairness so that taxpayers can manage their affairs intelligently....   [...]  [15] Then turning to the contextual component of the Canada Trustco analysis, the Court identified four provisions in the Act, dealing with death, that employed the term “spouse” as being inclusive of a deceased’s spouse at time of death, i.e. as in the aforesaid colloquial sense.

Kalirasah v. Canada (Citizenship and Immigration) - 2022 FC 158 - 2022-02-08

The same applies to the issue regarding whether the PRRA officer breached procedural fairness by not holding an oral hearing to allow Mr. Kalirasah to address the PRRA officer’s credibility concerns relating to his identity documents.   [...]  [25] On a final note, I do not see where the PRRA officer may have breached procedural fairness in not allowing an oral hearing to deal with any credibility concerns regarding Mr. Kalirasah’s risk in returning to Sri Lanka.

Singh v. Canada (Citizenship and Immigration) - 2021 FC 93 - 2021-01-27

The Respondent contends it would be prejudiced if this matter proceeds given that the visa officer who handled this case deals with hundreds of such requests in a year and must rely upon his or her notes.   [...]  There is no merit to the claim of a breach of the principles of procedural fairness and the decision meets the test of reasonableness as set out in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, 441 D.L.R. (4th) 1 and Dunsmuir v. New Brunswick, 2008 SCC 9, [2008] 1 S.C.R. 190.   [...]  a) directement ou indirectement, faire une présentation erronée sur un fait important quant à un objet pertinent, ou une réticence sur ce fait, ce qui entraîne ou risque d’entraîner une erreur dans l’application de la présente loi;

Canadian National Railway Company v. Louis Dreyfus Commodities Canada Ltd. - 2019 FCA 9 - 2019-01-17

The judge then considered preliminary arguments advanced by LDC, including res judicata, abuse of process and collateral attack, but elected to deal with CN’s jurisdictional defence on the merits.   [...]  • Respect for the finality of a judicial or administrative decision increases fairness and the integrity of the courts, administrative tribunals and the administration of justice; on the other hand, relitigation of issues that have been previously decided in an appropriate forum may undermine confidence in this fairness and

Chen v. Canada (Public Safety and Emergency Preparedness) - 2018 FC 477 - 2018-05-04

As the Applicants did not raise any issues with respect to procedural fairness, the only issue to be determined in this application for judicial review is whether the Enforcement Action establishing the terms of the release of the ring is unreasonable.   [...]  I will deal with the three grounds together as they are interrelated.   [...]  A process that results in an individual’s mandatory referral to secondary examination upon entry into Canada, based on a prior contravention by that individual of program legislation which CBSA administers, does not trigger procedural fairness obligations on the part of CBSA.

Marin v. Canada (Citizenship and Immigration) - 2016 FC 847 - 2016-07-20

Indeed the hearing audio recording has four hours and twenty-seven minutes of questions to the appellant, mostly posed by the RPD and mostly dealing with the subjective fear issues listed above.   [...]  [19] The Applicant contends that the RAD erred in rejecting the new evidence and violated the principles of procedural fairness by failing to provide the Applicant with an opportunity to respond to its concerns.   [...]  As the Applicant did not pursue the procedural fairness argument during the hearing before me, this argument is not discussed in these reasons.

Canada (National Revenue) v. Revcon Oilfield Constructors Incorporated - 2015 FC 524 - 2015-04-23

of Health, 2008 SCC 44 at para 17 [Blood Tribe], Justice Binnie explained that this power ought to be used sparingly: “Even courts will decline to review solicitor-client documents to adjudicate the existence of privilege unless evidence or argument establishes the necessity of doing so to fairly decide the issue...”   [...]  [13] In this instance, the Court was not satisfied that it had sufficient evidence or argument to decide the issue fairly.   [...]  Whether communications are made to the lawyer himself or to employees, and whether they deal with matters of an administrative nature such as financial means or with the actual nature of the legal problem, all information which a person must provide in order to obtain legal advice and which is given in confidence for that