11,309 result(s)
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826.
Syed v. Canada (Attorney General) - 2020 FC 608 - 2020-05-11
Federal Court Decisions[8] By letter dated May 2, 2017, the Commission decided to deal with the Applicant’s complaint. [...] The correctness standard continues to apply to issues of procedural fairness. [...] Commission to deal with complaint 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
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827.
Arachchige v. Canada (Minister of Citizenship and Immigration) - 2006 FC 467 - 2006-04-10
Federal Court Decisions· "So my questions will be dealt with ...will be dealing with the heart of the claim. [...] The questions were consistent in dealing with each of the applicant's allegations: why do you fear this particular agent of persecution? [...] The principles of natural justice and procedural fairness require a fair hearing, not necessarily a perfect hearing: Ruby v. Canada(Solicitor General), 2002 SCC 75 at paragraph 46.
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828.
Osman v. Public Service Alliance of Canada - 2021 FCA 227 - 2021-11-23
Federal Court of Appeal DecisionsHe also asserts that the Board violated procedural fairness because it made its decision on the basis of written submissions, rather than holding a hearing at which the Board would hear oral testimony. [...] [7] Questions of procedural fairness are legal questions; the Court must be satisfied the duty of procedural fairness is met: Lipskaia v. Canada (Attorney General) 2019 FCA 267, at para. 14. [...] [10] Mr. Osman’s complaint about the breach of procedural fairness concerns the Board’s decision to deal with the complaint on the basis of written submissions, rather than by holding an oral hearing.
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829.
Lukács v. Canada (Transport, Infrastructure and Communities) - 2015 FCA 200 - 2015-09-17
Federal Court of Appeal Decisions• ii) The New Rules be declared invalid to the extent they are unreasonable and inconsistent with the requirements of procedural fairness and so exceed the power conferred on the Agency to make rules respecting the procedures for dealing with matters and business before it. [...] [6] Next, dealing with the appellant’s submissions with respect to the fairness of the New Rules, it is important to situate those concerns in the context of the New Rules in their entirety. [...] The Agency is bound by common law obligations of procedural fairness, which can include the obligation to give reasons.
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830.
Singh Brar v. Canada (Public Safety and Emergency Preparedness) - 2024 FCA 114 - 2024-06-19
Federal Court of Appeal DecisionsWere they treated in a procedurally fair and adequate way? [39] The answer to both is yes. [...] [72] In this case, confidential reasons dealing with the confidential evidence and confidential submissions are not necessary. [...] As a result, these public reasons deal with all of the issues in this appeal.
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831.
Bitton v. HSBC Bank Canada - 2006 FC 1347 - 2006-11-09
Federal Court DecisionsThis is so because we are essentially dealing with a finding of fact requiring the decision-maker to weigh evidence. [...] The reasons for dismissal offered by the employer to justify the fairness of the dismissal [...] Could the employer have employed other sanctions to deal with this employee?
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832.
Marine Atlantic Inc. v. The King - 2023 TCC 95 - 2023-07-10
Tax Court of Canada JudgmentsI will deal with the Respondent’s actions in my cost award. Summary of Facts [...] [73] He noted that the cabins took up a great deal of space on the Vessels. [...] • -The restaurants, which seat approximately 100 people, took up a great deal of space.
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833.
Jang v. Canada (Immigration, Refugees and Citizenship) - 2017 FC 996 - 2017-11-03
Federal Court DecisionsI have concluded that the reconsideration decision should be set aside as the Officer dealing with the application erred in her treatment of the psychiatric evidence regarding Ms. Jang’s mental health. [...] [17] Insofar as the issue of procedural fairness is concerned, the Court’s task is to determine whether the process followed by the decision-maker in a given case satisfied the level of fairness required in all of the circumstances, in other words, to apply the correctness standard: Mission Institution v. Khela, 2014 SCC 24 [...] This constitutes a breach of procedural fairness in the process leading up to the June 2016 H&C decision.
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834.
Air Canada Pilots Association v. MacLellan - 2012 FC 591 - 2012-05-16
Federal Court DecisionsThe Commission decided for the reasons identified below, to deal with the complaint under section 41(1) of the Canadian Human Rights Act. [...] [10] Did the Commission breach a duty of procedural fairness? Analysis [...] I accept that where reasons are a procedural requirement, a breach of fairness may arise where none are forthcoming.
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835.
Canada (Attorney General) v. Humber - 2005 FC 761 - 2005-05-27
Federal Court DecisionsThis was purely an administrative decision and is bound by the duty of fairness. [...] The current case deals with a discretionary decision to refer the complaint to a Tribunal. [...] [22] The case law states that an administrative decision will attract a duty of fairness.
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836.
Kopstein v. The Queen - 2010 TCC 448 - 2010-08-27
Tax Court of Canada Judgments(a) may prejudice or delay the fair hearing of the action, (b) is scandalous, frivolous or vexatious, or [...] (a) may prejudice or delay the fair hearing of the action, (b) is scandalous, frivolous or vexatious, or [...] [72] I do not intend to deal with this argument again in dealing with the specific paragraph or subparagraphs in issue.
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837.
Canada (Attorney General) v. Gatien - 2016 FCA 3 - 2016-01-06
Federal Court of Appeal Decisionsv. Keays, 2008 SCC 39, [2008] 2 S.C.R. 362 [Honda v. Keays], mental distress or moral damages, which are different from punitive damages, may be awarded in the absence of independently actionable employer conduct if a termination is carried out in a manner that breaches the employer’s duty of good faith and fair dealing. [...] However, in Wallace v. United Grain Growers Ltd., [1997] 3 S.C.R. 701, [1997] S.C.J. No. 94 (QL) [Wallace] and Vorvis, the Supreme Court accepted that a breach of the duty of good faith and fair dealing could constitute independently actionable conduct founding an award of mental distress or moral damages. [...] [18] The approach set out in Wallace, of extending the notice period and of characterizing a breach of the duty of good faith and fair dealing as being independently actionable, was discarded by the Supreme Court in Honda v. Keays.
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838.
Westshore Terminals Ltd. v. Vancouver Port Authority - 2001 FCT 312 - 2001-03-07
Federal Court DecisionsAlternately, if the harbour authority, when dealing with lease holders, must comply with the Canada Marine Act and be required to charge rents that are fair, reasonable and non-discriminatory, Westshore could be entitled to relief. [...] ... concluded that both the applicants and the respondents have misconceived the nature of the role of the Court in dealing with the principle application. [...] In fact, the Port Authority says it has never considered whether the rent charged Westshore is fair and reasonable as required by section 50 of the Act or by the common law in certain circumstances.
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839.
Pindi v. Canada (Attorney General) - 2023 FC 1252 - 2023-09-19
Federal Court DecisionsThe Commission declined to deal with the complaint after determining that the human rights issues Mr. Pindi raised had already been addressed in the CAF's internal settlement process. [...] It is therefore appropriate to deal first with the issue of procedural fairness. [...] [59] Procedural fairness is based on the principle that individuals involved in a judicial process should be given the opportunity to present their position fairly.
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840.
Jazz Air LP v. Toronto Port Authority - 2006 FC 705 - 2006-06-06
Federal Court DecisionsStolport has refused to deal with Jazz unless it has entered into a CCOA with the TPA. [...] There are serious allegations being made of a conspiracy, as well as bad faith, and arbitrary and discriminatory conduct in commercial dealings. [...] [15] Accordingly, I find that the need for a full and fair determination of the issues by way of action outweighs whatever prejudice may arise to Jazz in so doing.
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841.
Walsh v. Canada (Attorney General) - 2016 FCA 157 - 2016-05-24
Federal Court of Appeal Decisions(1) Does a de novo review cure a serious breach of procedural fairness? [...] [22] The Judge then turned to the issue of procedural fairness (paragraphs 49 to 54 of the reasons). [...] [24] At paragraphs 50 and 51 of his reasons, the Judge deals with this issue and explains why he cannot accept the appellant’s submissions, concluding that “when considered as a whole, the Administrative Review Process was fair”.
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842.
Mei v. Canada (Citizenship and Immigration) - 2009 FC 1040 - 2009-10-14
Federal Court Decisions[17] In the case at bar, a number of factors tend to limit the requirements of the duty of fairness. [...] On this basis, this case is distinguishable from the decisions of this Court dealing with refugee and H&C applications. [...] A separate order will be made to deal with any proposal for a certified question.
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843.
Ip v. Canada (Citizenship and Immigration) - 1997-09-26
Federal Court DecisionsI find convincing, however, counsel's argument that the failure to respond to his request for an extension of the 15 day period constituted a breach of the rules of procedural fairness. [...] If complaints about the brief time period can be rebuffed because a request for an extension of time was not requested, then, surely when a request has been made, and it is ignored, the conclusion has to be that a breach of procedural fairness occurred. [...] There was a breach of procedural fairness. I am not persuaded that no prejudice resulted for the applicant.
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844.
Symbol Technologies Canada ULC v. Barcode Systems Inc. - 2004 FCA 339 - 2004-10-07
Federal Court of Appeal DecisionsBarcode says that since May 1, 2003, Symbol has refused to deal with Barcode. [...] (7) Le Tribunal peut faire droit à une demande de permission de présenter une demande en vertu des articles 75 ou 77 s'il a des raisons de croire que l'auteur de la demande est directement et sensiblement gêné dans son entreprise en raison de l'existence de l'une ou l'autre des pratiques qui pourraient faire l'objet d'une [...] [8] The reviewable restrictive trade practice relied on by Barcode is refusal to deal.
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845.
McLean v. Canada (Canada Revenue Agency) - 2007 FC 1072 - 2007-10-18
Federal Court Decisions10 fairness decision by letter dated November 16, 2006. 11 He denied relief. [...] 04 fair and reasonable manner. The 05 circumstances outlined by you in support [...] 09 In fairness to Mr. McLean, 10 before the Court today he did acknowledge that
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846.
Cruz v. Canada (Citizenship and Immigration) - 2016 FC 1114 - 2016-10-05
Federal Court DecisionsDid the Officer breach procedural fairness in processing the applicant’s permanent residency application? [...] It is therefore incumbent on the Department to adopt a flexible and constructive approach in its dealings with the Program’s participants. [...] [16] On the record before me, I must conclude that the duty of procedural fairness was satisfied in this case.
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847.
Gill v. Canada (Citizenship and Immigration) - 2020 FC 934 - 2020-09-28
Federal Court DecisionsNo mention was made of the documents submitted by Mr. Gill following the issuance of the procedural fairness letter. [...] • First, the procedural fairness issues: • (a) Did the second visa officer rely on the first visa officer’s findings without providing the Applicant with an opportunity to respond, in violation of the procedural fairness owed to the Applicant? [...] • (b) Did the issues with the interpretation during the first interview constitute a breach of procedural fairness?
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848.
A.B. v. Canada (Citizenship and Immigration) - 2013 FC 134 - 2013-02-07
Federal Court DecisionsTherefore, the Applicant submits that a high degree of procedural fairness is owed to him. [...] It is noteworthy that this last document indicates that the information provided by the Applicant to CSIS investigators during interviews can be used by officials when dealing with him. [...] [63] A reading of section 34 of the IRPA shows that the subsections deal with different serious scenarios.
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849.
Schonberger v. The King - 2024 TCC 82 - 2024-05-31
Tax Court of Canada Judgments(i) the amount, if any, by which the fair market value of the property at the time it was transferred exceeds the fair market value at that time of the consideration given for the property, and [...] (i) the amount, if any, by which the fair market value of the transferred property at the time of transfer exceeds the fair market value at that time of the consideration given for the property by the Appellant, and [...] [3] And, whether each Appellant deals at arm’s length with the Corporation is clear.
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850.
Haight v. The Queen - 2000-09-25
Tax Court of Canada JudgmentsThis resulted in impairment in his thinking, his decision-making and in dealing with his personal and business affairs. [...] 2. Consequently, due to all these problems, the Applicants were unable to deal adequately with their own tax affairs. [...] 3. Mr. John Haight was in a better physical condition in 1996 and 1997 and was able to deal with his tax affairs.