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Télé-Mobile Co. v. Telecommunications Workers Union - 2004 FCA 438 - 2004-12-16

Indeed, it is fair to say that, for the purpose of this application for judicial review, TELUS' concerns were directed primarily at the position of the former Clearnet employees.   [...]  Negotiations had begun in July of that year; the $6.6 billion deal was announced in August, and the acquisition of nearly all Clearnet's shares was completed in October 2000.   [...]  [83] Given these differences, it cannot be said that the 2004 Decision was patently unreasonable in applying the more relevant Board jurisprudence dealing with accretions to a bargaining unit.

Laurentian Pilotage Authority v. Corporation des Pilotes du Saint-Laurent Central Inc. - 2018 FCA 117 - 2018-06-13

15.2 (1) Chaque partie au contrat est tenue de faire parvenir à l’arbitre — ainsi qu’à la partie adverse — sa dernière offre sur toutes les questions qui demeurent en litige, dans les cinq jours suivant la date à laquelle il en est saisi.   [...]  [30] However, the Federal Court reached the opposite conclusion in respect of the provisions in the respondent’s offer dealing with ship-owners improperly dispensing with the services of a pilot.   [...]  [40] It further says that Arbitrator Michaud’s award is reasonable as there is no conflict between its offer and the Regulations, which deal with inter-related but different subjects.

Tan v. Canada (Attorney General) - 2018 FCA 186 - 2018-10-18

Mr. Forrest filed a complaint with the Commission, which the Commission dismissed on the basis that it lacked the jurisdiction to deal with it.   [...]  12 Every enactment is deemed remedial, and shall be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objects.   [...]  ... [...] Commission to deal with complaint Irrecevabilité 41 (1) Subject to section 40, the Commission shall deal with any complaint filed with it unless in respect of that complaint it appears to the Commission that

Suresh v. Canada (Public Safety and Emergency Preparedness) - 2017 FC 28 - 2017-01-10

[41] I think it fair to say that the jurisprudence regarding the standard of review for procedural fairness is unsettled as the Court of Appeal noted in Bergeron, above, at paragraph 67.   [...]  (1) Whether the ID breached the duty of fairness by failing to order Charkaoui II disclosure   [...]  He contends that there is no distinction in substance because both proceedings deal with efforts to deport non-citizens based on membership in a terrorist organization.

Sierra Fox Inc. v. Canada (Transport) - 2007 FC 129 - 2007-02-06

the document holder’s concerns regarding hearsay: “In view of the fact the document holder has had every opportunity to address and deal with the exhibits and viva voce evidence presented in this case, I am satisfied the admissibility of the DATRs does not infringe on procedural fairness or natural justice”.   [...]  2) the transparency and fairness of the reconsideration process; and   [...]  [72] I have also found that the reconsideration process must be fair and transparent.

Canada v. Villa Ste-Rose Inc. - 2021 FCA 35 - 2021-02-25

[42] In this case, the appellant has not persuaded me that we are dealing with a case where it is clear and unequivocal that subsection 280(1) and section 280.1 of the Act do not allow the interest and the GST late-filing penalty to be calculated only on the amount of GST owed to the Minister, without taking into   [...]  Although this case concerned a different type of rebate from those at issue in the case at bar, namely a rebate for overpaid GST, as provided for in subsection 261(1) of the Act, it is instructive as to the meaning and scope of subsection 296(2.1) of the Act, which deals with the treatment of rebates not claimed when the   [...]  As for subsections 296(2) and 296(2.1), they deal with the treatment of credits, including ITCs (subsection 296(2)), and rebates (subsection 296(2.1)) not claimed by a taxpayer when the assessment is made.

Kouper-FKS Industries Inc. (Modes For Kids Sake Ltée) v. M.N.R. - 2013 TCC 315 - 2013-10-04

Considering the foregoing, Ms. Kape obviously enjoyed a great deal of autonomy and was not at all under the appellant’s control;   [...]  Apparently, she also worked for competitors and she would not have agreed to deal differently with the appellant.   [...]  En renversant la perspective, le salarié sera celui qui accepte de s’intégrer dans le cadre de fonctionnement d’une entreprise pour la faire bénéficier de son travail.

Beattie v. Canada - 2001-01-19

Since there is some overlap in the issues to be considered in these applications, these reasons will deal with both claims.   [...]  She invokes the honour of the Crown in its dealings with aboriginal peoples and says that the interpretation of the Treaty most favourable to her must prevail.   [...]  (d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or

Ahmad v. Canada (Citizenship and Immigration) - 2021 FC 1195 - 2021-11-15

[23] At the outset, the applicant complained of an unreasonable decision and a breach of procedural fairness (where the standard of review is correctness).   [...]  They help to show affected parties that their arguments have been considered and demonstrate that the decision was made in a fair and lawful manner.   [...]  [37] In fact, the RPD’s decision largely deals with the medical exemption.

RE/MAX LLC v. Save Max Real Estate, Inc. - 2019 FC 1582 - 2019-12-10

[31] Finally, the Defendants argue that Prothonotary Ring erred in failing to consider whether it was fair to conclude that they had waived privilege by filing the Bilodeau Affidavit.   [...]  The principle that a party waives solicitor-client privilege by putting forward its counsel as a witness is itself based on considerations of fairness, as Prothonotary Ring recognized in the Production Order:   [...]  As a matter of fairness, the Plaintiff must be able to test the strength of the analysis, opinions and conclusions set out in the Bilodeau Affidavit to safeguard its right to full production and to properly formulate its position regarding bifurcation.

Uddin v. Canada (Citizenship and Immigration) - 2016 FC 314 - 2016-03-11

[18] The Applicant submits that procedural fairness issues should be reviewed on the correctness standard and that a review of the IAD’s H&C analysis should attract the reasonableness standard.   [...]  [23] The Applicant also submits that the IAD breached the principles of natural justice and fairness.   [...]  [34] In my view, the concern in this matter is as identified by the Applicant, being that the IAD unduly focused on Alvi’s prior lack of compliance with the IRPA. In that regard I would note that a great deal of the decision is devoted to Alvi’s immigration history.

Alberta Wilderness Association v. Canada (Attorney General) - 2013 FCA 190 - 2013-08-01

(3) Avant de faire la recommandation, il consulte tout autre ministre compétent.   [...]  [31] Before dealing with the merits of the appeal, I think it useful to say a few words about the appellants’ Notice of Application.   [...]  (3) Avant de faire la recommandation, il consulte tout autre ministre compétent.

Canada (Attorney General) v. Lahlali - 2012 FC 601 - 2012-05-17

A great deal of case law has been developed around this concept, from which certain conclusions can be drawn.   [...]  ... the assessment processes and methods effectively assess the essential qualifications and other merit criteria identified and are administered fairly;   [...]  ... The second statement refers specifically to the value of fairness and indicates that processes and methods must effectively assess the identified essential qualifications and other merit criteria.