Advanced Search

Chippewas of Nawash First Nation v. Canada (Minister of Fisheries and Oceans) - 2000-11-09

Q. And the agreement will deal with such issues as reporting of the catch?   [...]  It could deal with such issues as what species can be caught? A. Yes.   [...]  Q. It could deal with how long the season is going to be? A. Yes. Q. It could deal with how and when the season will close?

Hershkovitz v. Tyco Safety Products Canada Ltd. - 2009 FC 256 - 2009-03-12

The research was limited to the U.S. In their practice, patent agents deal with a substantial number of files.   [...]  Brandt and Jefferson are discussed in detail in the section dealing with anticipation (section VIII).   [...]  The Patent Act seeks both fairness and predictability. Predictability is achieved by tying the patentee to its claims while fairness is achieved by interpreting those terms in an informed and purposive manner.

Fedee v. Canada (Citizenship and Immigration) - 2019 FC 88 - 2019-01-22

Evaluating whether procedural fairness, or the duty of fairness, has been adhered to by a tribunal requires an assessment of the procedures and safeguards required in a particular situation.   [...]  There was a denial of procedural fairness because of this lack of competence.   [...]  The RPD did not grant her request for an in-person hearing but it fully acknowledged and accepted her medical diagnosis and granted her various forms of accommodation to assist her to deal with the hearing.

Tarek-Kaminker v. Canada (Attorney General) - 2023 FCA 135 - 2023-06-13

c) The Procedural Fairness Argument [55] Ms. Tarek-Kaminker also submits that the adverse inference drawn by the Board as a result of her failure to call the doctors was improperly drawn in violation of the principles of procedural fairness.   [...]  [58] The premises underlying Ms. Tarek-Kaminker’s procedural fairness argument are flawed.   [...]  [80] Ms. Tarek-Kaminker’s written submissions then provided five paragraphs dealing with the intersectionality issue.

Adan v. Canada (Citizenship and Immigration) - 2011 FC 655 - 2011-06-08

5. Did the officer breach a duty of fairness owed to the applicant by providing inadequate reasons?   [...]  3. Did the Officer breach the duty of fairness by providing inadequate reasons?   [...]  Issue 3: Did the Officer breach the duty of fairness by providing inadequate reasons?

Pro-West Transport Ltd. v. Canada (Attorney General) - 2006 FC 881 - 2006-07-14

In the present case, as previously stated, the Court is dealing with judicial review of a decision of the GIC to issue an order in council under section 47 of the CTA.   [...]  The applicants submit that there is no specific grant of authority in the CMA empowering the VPA to implement a licensing system or to set fair wages.   [...]  When Parliament intends to grant the authority to set "fair wages" they do so specifically.

Pharmascience Inc. v. Janssen Inc. - 2024 FC 335 - 2024-02-29

[32] A phrase that comes up with some frequency in the context of privilege and waiver is “fairness and consistency.”   [...]  However, waiver may also occur in the absence of an intention to waive, where fairness and consistency so require.   [...]  [99] Resources of courts are frequently, and fairly, described as scarce.

Canmar Foods Ltd. v. TA Foods Ltd. - 2019 FC 1233 - 2019-09-25

(d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or   [...]  Accordingly, if it is determined that Claim 1 is not infringed, the Court need only deal with Claim 1 on the Summary Judgment Motion.   [...]  Any heating system may be used to heat the flax seed to a desired temperature, providing this can be done fairly rapidly in accordance with the methods of the exemplary embodiments.

Malambu v. Canada (Citizenship and Immigration) - 2015 FC 763 - 2015-06-17

[19] The applicant first submits that the RAD breached a principle of natural justice and procedural fairness when it refused his request for a hearing.   [...]  [39] Accordingly, while the content of procedural fairness varies with circumstances and the legislative and administrative context, it is certainly not to be presumed that Parliament intended that administrative officials be free to deal unfairly with people subject to their decisions.   [...]  On the contrary, the general rule is that a duty of fairness applies.

A. B. v. Canada (Citizenship and Immigration) - 2016 FC 1385 - 2016-12-16

Did the Member exceed his jurisdiction or breach his duty of procedural fairness?   [...]  In the part of the decision dealing with this question, the Board was assessing whether kidnapping of a child is a “serious non-political crime”.   [...]  In my view, the Applicant was not denied procedural fairness in this regard.

Paradis Honey Ltd. v. Canada (Agriculture and Agri-food) - 2023 FC 1415 - 2023-10-24

Rather, that the motion should only be considered under s 40 of the CEA, which deals with the provincial laws of evidence in federal proceedings.   [...]  They submit that in determining which provincial laws of evidence apply to this proceeding, the Court should have regard to the “balances of procedural fairness struck in different provinces,” as well as the overall fact-finding functions of trial.   [...]  [83] I agree with the Defendants that what the Plaintiffs coin as “the balance of procedural fairness” struck in different provinces is not a consideration in the application of s 40 of the CEA. Further, the Plaintiffs chose to file and pursue their action in this Court, knowing that the FC Rules therefore have application.

Sunshine Village Corporation v. Canada (Attorney General) - 2017 FC 846 - 2017-09-21

(3) The Decision was fair [45] Parks Canada submits that communications between Canada and Sunshine Village since 2012 establish that the Decision to prohibit all roadside parking should not have been a surprise to Sunshine Village.   [...]  Parks Canada submits that Article 30 of the Lease is thus not engaged, since it deals with situations in which the Minister requires the lessee to make “alterations, improvements or expansions.”   [...]  (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;

Cervenakova v. Canada (Citizenship and Immigration) - 2010 FC 1281 - 2010-12-13

And you need to fix your system.’” He apparently also observed: “It is not lost on economic migrants who want to jump the queue that we have a system that’s fairly easy to abuse.   [...]  It is true that he has appointed the tribunal but once appointed, the tribunal is as independent and as seemingly impartial as any tribunal dealing with a service-related offence.   [...]  One cannot reasonably conclude that the bias of the Commissioner, if bias there is, is the bias of the tribunal and that as a result the applicant would not get a fair trial.