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Zupko v. Canada (Citizenship and Immigration) - 2010 FC 1319 - 2010-12-22

These statements, in their view, establish that there was a reasonable apprehension of bias that the Board would be unable to reach a fair decision on their application.   [...]  It was argued that, since the Minister is directly involved with the appointment and reappointment of members of the Immigration and Refugee Board of Canada, an informed person viewing the matter realistically and practically would conclude that the decision maker would not be able to decide Czech Roma claims fairly.   [...]  [39] Before the Board, when dealing with one alleged attack, the Applicants claimed that the failure of the police to attend at the scene of the crime impugned the state’s ability to protect its citizens from racially-motivated attacks.

Taylor v. The Queen - 2010 TCC 246 - 2010-05-05

[42] Counsel for the appellant also suggested that assistance could be obtained from court cases dealing with consents in matrimonial and employment contexts.   [...]  Both gentlemen had a fairly good recollection of what transpired at the meeting, which is not surprising given the acrimonious history of the file.   [...]  [69] As for the fairness of the settlement, counsel for the appellant submitted that the relinquishment of the right to appeal is worth far more than any reduction of the amount owing.

Polymère Epoxy-Pro Inc. (Re) - 2009 FC 912 - 2009-09-15

Would that not be an indication supporting an inference that the right of retention under article 2123 is only aimed at the owner of an immovable, so that the owner can retain sufficient moneys to deal with the legal hypothecs that subcontractors can register against the immovable?   [...]  2123. Au moment du paiement, le client peut retenir, sur le prix du contrat, une somme suffisante pour acquitter les créances des ouvriers, de même que celles des autres personnes qui peuvent faire valoir une hypothèque légale sur l’ouvrage immobilier et qui lui ont dénoncé leur contrat avec l’entrepreneur, pour les travaux  [...]  b) ne pas faire partie du patrimoine ou des biens de la personne à compter du moment où le montant est perçu, que ces biens aient été ou non tenus séparés de ses propres biens ou de son patrimoine et qu’ils soient ou non assujettis à un droit en garantie ;

Singh Dhaliwal v. Canada (Citizenship and Immigration) - 2008 FC 296 - 2008-03-04

The IAD acknowledged that the applicant had been a resident in Canada since 1994 and that he was now fairly well established.   [...]  [43] Because of my finding on this issue, I need not deal with the remaining issues.   [...]  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;

Mackinnon v. The Queen - 2007 TCC 658 - 2007-11-16

[5] The compromise amount was arrived at through calculations made by an accountant in order to establish a fair value for the RRSP at the time of the judgment.   [...]  [10] I will deal first with the issue of whether the $67,171.70 is interest.   [...]  In this case, he submits that the intent was to simply bridge the gap between the value of the RRSP at the time it should have been paid to the appellant (1994) and the time it was actually paid (2003) so that the appellant would receive the fair value of the RRSP.

Canada (Attorney General) v. Ford Credit Canada Ltd. - 2007 FCA 225 - 2007-06-11

d'une banque ou d'une compagnie d'assurance tenue par la loi de faire rapport au surintendant, ou par le surintendant des assurances ou un autre agent ou autorité semblable de la province où elle est constituée, s'il s'agit d'une compagnie d'assurance tenue par la loi de faire rapport à cet agent ou à cette autorité.   [...]  However, for completeness, I will briefly deal with the Minister’s argument.

Liaqat v. Canada (Minister of Citizenship and Immigration) - 2005 FC 893 - 2005-06-23

3) The Officer breached procedural fairness by failing to disclose to the Applicant material taken off the internet which was relied upon in coming to a decision.   [...]  4) The Officer breached procedural fairness by failing to provide adequate reasons.   [...]  [21] The Respondent does not deal with the arguments of the Applicant concerning lack of family support, stating that such evidence goes to humanitarian and compassionate considerations, which are not at issue here, rather than to proving the existence of persecution.

Longerich v. The Queen - 2004 TCC 485 - 2004-07-09

g) the Appellant did not incur a debt for the purpose of gaining or producing income from a business or a property or as consideration for the disposition of capital property to a person which whom the Appellant was dealing at arm's length;   [...]  a Canadian-controlled private corporation all or substantially all of the fair market value of the assets of which were used principally in an active business carried on primarily in Canada by it.   [...]  (C) the fair market value of the share is nil, and (D) it is reasonable to expect that the corporation will be dissolved or wound up and will not commence to carry on business

Mui v. Canada (Minister of Citizenship and Immigration) - 2003 FC 1020 - 2003-09-03

He described the Applicant as a very pleasant person, easy to get along with and very willing to help people, a very loving and kind person, very much a traditional Chinese woman, a good wife at home and a respectable lady when dealing with outside people.   [...]  Did the Board err in law in breaching the principles of fairness because it displayed a closed mind that prejudiced the case?   [...]  Did the Board err in law in breaching the principles of fairness because it displayed a closed mind that prejudiced the case?

Canada (Minister of Citizenship and Immigration) v. Tiky - 2001 FCT 980 - 2001-08-31

[34] The applicant submits that the Board fettered its discretion, breached the rules of natural justice and fairness for refusing to allow the applicant's counsel to tender evidence at the vacation hearing because the applicant's counsel had allegedly not complied with the Practice Direction of the Board in providing the   [...]  We are dealing here with the powers of an administrative tribunal in relation to its procedures.   [...]  In the absence of specific rules laid down by statute or regulation, they control their own procedures subject to the provison that they comply with the rules of fairness and, where they exercise judicial or quasi-judicial functions, the rules of natural justice.

Canada (Minister of Citizenship and Immigration) v. Zhang - 2001 FCT 522 - 2001-05-23

(3) Dans le cas d'une personne devant faire l'objet d'une enquête ou d'une enquête complémentaire ou frappée par une mesure de renvoi ou de renvoi conditionnel, l'arbitre peut ordonner_:   [...]  b) soit de la faire garder, s'il croit qu'elle constitue vraisemblablement une menace pour la sécurité publique ou qu'à défaut de cette mesure, elle se dérobera vraisemblablement à l'enquête ou à sa reprise ou n'obtempérera pas à la mesure de renvoi;   [...]  But if the Minister's representative put the matter in issue, then the Adjudicator was bound to deal with it.

Green v. Canada (Treasury Board) - 2000-03-27

Without any further information, they treated the situation accordingly and continued to deal with the Sudbury zone as controlled airspace.   [...]  [25] Browne v. Dunn stands for a rule of evidence that where the credibility of a witness is to be impeached by evidence that contradicts his testimony, the witness must be given a fair opportunity to explain the discrepancy.   [...]  This is a rule grounded in fairness and reason. Its application depends upon the circumstances of the case.

Suresh v. Canada (Citizenship and Immigration) - 1999-07-23

Justice Teitelbaum also referred to Mr. Suresh"s continual contacts with the leadership of the LTTE, the fact that he devoted a great deal of his time to the LTTE, and the fact that Mr. Suresh collected funds for that organization.   [...]  Justice McKeown also held that the requirements of procedural fairness were satisfied since adequate disclosure was made to Mr. Suresh of the material before the Minister, and the Minister"s decision was reasonably open to her, based on the evidence.   [...]  (B) Are the principles of fairness at common law and the principles of fundamental justice under section 7 of the Charter met by the present administrative process for the determination by the Minister under section 53(1) of the Immigration Act of whether in her opinion a person constitutes a danger to the security of