11,312 result(s)
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8,351.
Chakra v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 112 - 2002-01-30
Federal Court Decisions1. The immigration officer breached the duty of fairness in reaching her decision. [...] [14] It is settled practice in Canadian law that if a case can be decided without dealing with a constitutional issue, a judge should not embark upon consideration of the constitutional issue.
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8,352.
Wic Premium Television Ltd. v. Levin - 2001 FCT 1042 - 2001-09-19
Federal Court Decisions120. Une personne morale, une société de personnes ou une association sans personnalité morale se fait représenter par un avocat dans toute instance, à moins que la Cour, à cause de circonstances particulières, ne l'autorise à se faire représenter par un de ses dirigeants, associés ou membres, selon le cas. [...] The written submissions filed by Mr. Levin, on behalf of the corporate Defendants, do not outline the manner in which Mr. Levin proposes to deal with the serious issues raised in this action.
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8,353.
Huyck v. Musqueam Indian Band - 2001 FCA 150 - 2001-05-07
Federal Court of Appeal Decisionswith respect to the MIBBR's independence; that a reasonable apprehension of bias existed with respect to the panel of the MIBBR that heard the appellants' property tax assessments appeals; that the MIBBR acted without jurisdiction; and that the MIBBR did not observe the rules of natural justice and procedural fairness. [...] I just – I guess I just wanted to express on behalf of my clients that hopefully in terms of the past we can deal with the future today, that there be some – not from this Board but some explanation at some stage forthcoming
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8,354.
Geza v. Canada (Minister of Citizenship and Immigration) - 2001-01-05
Federal Court of Appeal DecisionsThe obvious intent was to allow this Court to deal with, but only with, such issues as required to give the Trial Division general guidance where otherwise there might be inconsistencies between the judges of the Trial Division on a "serious question of general importance". [...] In fairness to the appellants, this matter will be referred back to the motions judge for consideration of a certified question under subsection 83(1).
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8,355.
Bell Canada v. Canada (Canadian Human Rights Commission) - 2000-11-29
Federal Court of Appeal DecisionsThe Chief Justice will deal at the same time with the motion for an expedited hearing in this matter. [...] However, as I read the record, those delays are an inevitable consequence of the difficult legal issues that have arisen in the context of this complaint and the decision of Bell Canada to vigorously defend what it sees, and has seen from the outset, as its right to a fair hearing of the complaints.
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8,356.
Ho v. Canada (Minister of Citizenship and Immigration) - 1999-08-18
Federal Court DecisionsShe argues that it is a fundamental principle of procedural fairness that the person who hears must decide: Braganza v. Canada (Minister of Citizenship and Immigration), [1998] F.C.J. No. 467 (F.C.T.D.)(QL). [...] It is not suggested that the visa officer had any reason to believe that Ms. Ho was incapable of dealing with the interview herself, except that she was eighty-one years old.
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8,357.
Soosaipillai v. Canada (Minister of Citizenship and Immigration) - 1999-06-29
Federal Court Decisions[16] In discharging the IFA burden upon them, the applicants argue that the documentary evidence before the CRDD was not given full and fair consideration. [...] [18] The applicants contend that the CRDD erred by not effectively dealing with this evidence which contradicts the CRDD"s conclusion that elderly Tamils can access social services in Colombo.
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8,358.
Abdulhussain v. Canada (Minister of Citizenship and Immigration) - 1999-06-02
Federal Court Decisions[13] The respondent contends that subsection 68(2) of the Immigration Act allows the Board to deal with proceedings as expeditiously as the circumstances and fairness permit.
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8,359.
Syed v. Canada (Minister of Citizenship and Immigration) - 1998-03-13
Federal Court DecisionsIn 1992 orthodox religious leaders warned his customers not to deal with him and he lost nearly half of the customers of his business. [...] That in itself may not be a fair assumption by the panel, but coupled with the absence in evidence of any corroborating letter from the applicant's wife, though one or more letters had been received by the applicant, in my view, left the tribunal without any corroborating evidence at all concerning the death of the doctor
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8,360.
Canadian Inspection Ltd. v. Canadian Nuclear Safety Commission - 2023 FC 358 - 2023-03-16
Federal Court DecisionsWas the decision rendered in breach of a duty of procedural fairness? [...] Rather, the Court is to determine whether the proceedings were fair in all of the circumstances. [...] No breach of Procedural Fairness [108] CIL does not explicitly assert a breach of procedural fairness.
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8,361.
Indigenous Police Chiefs of Ontario v. Canada (Public Safety) - 2023 FC 916 - 2023-06-30
Federal Court DecisionsThus, even if the Court concludes that the doctrine’s three conditions have been met, it may nevertheless refuse to apply issue estoppel in order to ensure that principles of fairness are adhered to. [...] Therefore, the particular obligations to be borne by the Crown when dealing with First Nations are necessarily part of the circumstances the Court must consider. [...] These principles required more diligence and attention from PSC in dealing with funding agreements with the Three Police Services.
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8,362.
Jaballah (Re) - 2009 FC 284 - 2009-03-20
Federal Court Decisions[106] This request deals with restrictions Mr. Jaballah seeks concerning the interception of incoming mail. [...] 4. Section 5.3 deals with the risk-management framework. Salient portions of this section are: [...] Similarly, in my view, destruction of telephone intercepts could also give rise to fairness concerns in subsequent proceedings.
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8,363.
ViiV Healthcare Company v. Gilead Sciences Canada, Inc. - 2020 FC 486 - 2020-04-06
Federal Court DecisionsThe public is entitled to rely on the words used provided the words used are interpreted fairly and knowledgeably. [...] [68] One distinguishing factor between this case and all of the above cited cases, is that here we are dealing with a chemical patent. [...] [140] A reasonable and fair construction of claim 1 does not include bridged bicyclic Ring A structures.
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8,364.
X (Re) - 2016 FC 1105 - 2016-10-04
Federal Court DecisionsThe Court, at the time, was dealing with other substantial changes to the warrant conditions template. [...] The 2014-2015 annual report dealing with metadata collection through the actualization of warrants is a perfect example. [...] I agree in part with this proposal: the condition dealing with XXXXX must remain; a new condition 4 must be added.
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8,365.
Lark Investments Inc. v. The King - 2024 TCC 30 - 2024-03-28
Tax Court of Canada Judgments(a) may prejudice or delay the fair hearing of the appeal; (b) is scandalous, frivolous or vexatious; [...] The Appellant added that the failure to refer to de facto control may prejudice the fair hearing of the appeal. [...] Because the issues and how we deal with the issues at trial should have -- it should all have been done as part of the pre-trial process.
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8,366.
Canada (Attorney General) v. Almalki - 2011 FCA 199 - 2011-06-13
Federal Court of Appeal Decisions[15] It is fair to say that the informer privilege bears specific characteristics in more than one way. [...] The Court sat in camera to deal with the confidential information and heard the submissions of counsel for the appellant as well as those of the amicus curiae appointed to assist us. [...] In fairness to him, he was confronted with a Herculean task and, by any standard, he did an excellent job.
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8,367.
Ciba Specialty Chemicals Water Treatments Limited’s v. SNF Inc. - 2017 FCA 225 - 2017-11-17
Federal Court of Appeal Decisions[4] Like most industries, the mining industry must deal with the waste created by its operations. [...] As I do not intend to deal with those grounds, I will say no more about them. [...] Expert witnesses have a special duty to the court to provide fair, objective and non-partisan assistance.
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8,368.
Sanofi-Aventis Canada Inc. v. Teva Canada Limited - 2012 FC 551 - 2012-05-23
Federal Court Decisions2. in any event, on a fair reading of the pleadings, these issues of validity are encompassed in the pleadings, including in the responding pleadings of Apotex and Teva; and [...] [55] I have had the benefit of reading the draft reasons of Justice Hughes dealing with this issue, as contained in paragraphs 102-119 (2012 FC 559). [...] [104] There are a number of provisions dealing with enforcement of intellectual property rights.
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8,369.
Jones v. Canada (Attorney General) - 2010 FC 740 - 2010-07-09
Federal Court DecisionsIt is worth noting that in the section dealing with previous medical history Dr. Urton notes: [...] The prognostic was described as “only fair”. At the time, Mr. Jones who had not yet received insulin injections was to start receiving them shortly twice a day to prevent further organ damage. [...] The Court notes that here we are dealing more with causality than with whether or not the decision not to develop falls within the concept of “an administrative error”.
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8,370.
Hinzman v. Canada (Citizenship and Immigration) - 2009 FC 415 - 2009-04-24
Federal Court DecisionsAlso, I regard issue 3, in part at least, to raise procedural fairness issues which I have reviewed on a standard of correctness. [...] I do not think the Officer could do more here than acknowledge such concerns by Liam’s parents and point out that there are ways of dealing with them. [...] The Officer does not deal with the family separation issue in the way that the Applicants feel it should have been dealt with.
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8,371.
City of Ottawa v. Canada (Human Rights Commission) - 2004 FC 1778 - 2004-12-23
Federal Court DecisionsHe also spoke about the "spare board" which is a panel of employees who are available to deal with intermittent absences. [...] MR. BIRD: - - education and his experience in dealing with Mr. Parisien. [...] Psychiatry deals with biology. If you need that clarification, I will ask Dr. Sequeira, but Dr. Erickson has already told us that ...
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8,372.
Apotex Inc. v. Canada (Minister of Health) - 2004 FC 650 - 2004-04-30
Federal Court Decisions(3) Sous réserve du paragraphe (4), la personne qui soumet une liste de brevets doit le faire au moment du dépôt de la demande d'avis de conformité. [...] The Court ruled that the NOC Regulations provided a comprehension scheme for dealing with ineligible patents being included on the register and for dealing with the damage, loss and costs suffered by generic manufacturers as a result of ineligible patents being included on the register. [...] As I read subsection 5(1) of the NOC Regulations, it simply refers to "drug" and does not deal with uses of the drug.
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8,373.
Canadian Security Intelligence Services Act (CA) (Re) - 2020 FC 616 - 2020-05-15
Federal Court Decisions[84] The decision in X (Re) 2013, is not the most recent judgment from this Court dealing with candour. [...] I became Director in 2017 after the Service and the Court had to deal with the [Associated Data] decision of Justice Noël. [...] Trial fairness guides the exercise of judicial discretion in such instances.
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8,374.
Dionne v. Office of the Superintendent of Financial Institutions - 2019 FC 879 - 2019-07-03
Federal Court DecisionsNobody in that unit speaks French, even though it often has to deal with Francophone supervisors. [...] It is a foundational concept used in conjunction with fairness, i.e. a fair and reasonable decision, legal system, etc. [...] Management must deal substantively with these issues, as opposed to simply avoiding them.
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8,375.
Canada (Public Safety and Emergency Preparedness) v. Tran - 2015 FCA 237 - 2015-10-30
Federal Court of Appeal Decisions[34] The Minister’s delegate did not deal expressly with the legal arguments raised by Mr. Tran in the decision. [...] Mr. Tran did not argue that this constituted a breach of procedural fairness; rather, he argued that the decision is unreasonable because the Minister’s delegate misconstrued and misapplied this provision. [...] [50] Subsection 36(2) (see Appendix A) deals with other criminality as a ground for inadmissibility.