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Zavarella v. Canada (Attorney General) - 2024 FC 87 - 2024-01-19

The applicant also argued that the Commission failed to review or address the grounds of complaint thoroughly, which constituted a breach of procedural fairness.   [...]  After examining this information, the Commission decides, pursuant to subsection 41(1) of the Canadian Human Rights Act, to deal with the complaint.   [...]  IV. Was the applicant deprived of procedural fairness? [111] The parties did not disagree about the Court’s role if a procedural fairness question arises on an application for judicial review.

Canada (Information Commissioner) v. Toronto Port Authority - 2016 FC 683 - 2016-06-17

[56] However, it is in my view untenable to characterise as essentially factual the documents emanating from members of the working group that deal with the percentage weightings.   [...]  The Committee discussions involved the same Board members identified in the Watson Report, dealing with the same subject, the new ferry purchase, and the ultimate decision was considered in the Watson Report.   [...]  4. (1) Sous réserve des autres dispositions de la présente loi mais nonobstant toute autre loi fédérale, ont droit à l’accès aux documents relevant d’une institution fédérale et peuvent se les faire communiquer sur demande :

Picard v. Canada (Attorney General) - 2018 FC 747 - 2018-07-18

[36] In short, the functional test involves analyzing the enterprise as a going concern, considering only its ongoing character, which calls for a fairly complete set of factual findings (Northern Telecom at pp. 139-140; Commission du salaire minimum v. Bell Telephone Company of Canada, [1966] SCR 767, 59 DLR (2nd) 145; see  [...]  This term often has a pejorative connotation in the minds of both Indigenous and non-Indigenous people dealing with these constables.   [...]  It is fair to say that “police” powers do not derive from a single head of power.

Zûndel, Re - 2005 FC 295 - 2005-02-24

Nonetheless, the mainstay of Mr. Zündel's witness, Mr. Farrell, was that he had not seen anything wrong with the way CSIS was dealing with Mr. Zündel.   [...]  [78] I have carefully reviewed the testimony of Mr. Farrell and it is quite apparent that he was unhappy with the termination of his employment, and tried to get a better deal when he left.   [...]  Parliament, when dealing with security certificates, has chosen not to follow the SIRC model (where independent counsel performed the functions described by Mr. Horton).

Safe Gaming System v. Atlantic Lottery Corporation - 2018 FC 542 - 2018-05-25

• fairness and predictability are promoted by maintaining the inventor’s intent.   [...]  I do not believe it is a Markush claim either but do not need to deal with it as my construction is clear that there was an order in the steps.   [...]  Il ne suffit pas que la personne voulant faire breveter une machine fasse valoir qu’elle est utile en tant que presse-papier.

Jia v. Canada (Citizenship and Immigration) - 2014 FC 596 - 2014-06-23

[21] Dealing first with the pertinent legislation, copies of all relevant provisions are annexed in full in Appendix “B” to these Reasons.   [...]  The Ankara visa post also had to deal with a large influx of claims from Tehran.   [...]  c) a indiqué par écrit à l’agent qu’il a l’intention de faire ou a fait un placement.

Sheldon Blank & Gateway Industries Ltd. v. Canada (Minister of The Environment) - 2000-07-19

4. (1) Sous réserve des autres dispositions de la présente loi mais nonobstant toute autre loi fédérale, ont droit à l'accès aux documents relevant d'une institution fédérale et peuvent se les faire communiquer sur demande_:   [...]  (ii) aux activités destinées à faire respecter les lois fédérales ou provinciales,   [...]  c) contenant des renseignements don"t la divulgation risquerait vraisemblablement de nuire aux activités destinées à faire respecter les lois fédérales ou provinciales ou au déroulement d'enquêtes licites, notamment_:

Ojibway Nation of Saugeen v. Derose - 2022 FC 531 - 2022-04-21

[65] The Chief and Headmen allege that the process that culminated in their removal breached procedural fairness or was unlawful in several ways.   [...]  The process was fair and lawful. Before providing detailed reasons regarding each alleged breach, I wish to emphasize a common theme.   [...]  [85] In assessing this argument, one must not lose sight that we are dealing with a process set forth in the Convention.

Charkaoui, Re - 2009 FC 342 - 2009-04-02

Mr. JOYAL: Absolutely, if the special advocates raise the argument, it will be given fair consideration and they will have to make a prima facie case, as they did before Justice Nöel, that Rule 151 applies.   [...]  [16] The provision for a special advocate, clothed with such a mandate and responsibilities, reflects Parliament's presumed intent to assure a fair hearing in compliance with section 7 of the Charter.   [...]  [94] I note at the outset that Justice Noël did not have to decide on the interpretation of the new provisions of section 9 of the IRPA dealing with the confidentiality of information.

Canada v. 984274 Alberta Inc. - 2020 FCA 125 - 2020-07-28

[16] The direct consequence of these assessments was that the land that was transferred to the respondent during its 2003 taxation year was deemed by section 69 to have been acquired at its fair market value and that, as a result, no income was generated by the respondent on the arm’s length sale that took place the same   [...]  [62] The Department of Finance’s Technical Notes relating to subparagraph 161.1(3)(c)(v) of the Act, a provision dealing with the offset of refund interest and arrears interest, illustrate this.   [...]  a) peut faire ce qui suit : [...] [...] (iii) on or after sending the notice of assessment for the year, refund any overpayment for the year, to the extent that the overpayment was not refunded pursuant to subparagraph (i) or (ii); and

Sendwa v. Canada (Citizenship and Immigration) - 2018 FC 569 - 2018-06-01

[18] Subsections 70(1) and (2) of the IRPR deal with the issuance of a permanent resident visa and set out the classes which may apply for such visa.   [...]  [38] The IAD’s handling of the allegation of bias is reviewable on a standard of correctness as it is a matter of procedural fairness: Mission Institution v Khela, 2014 SCC 24 at para 79, [2014] 1 SCR 502.   [...]  The other reason was that the IRB had convened a special three-member panel to deal with another paragraph 117(1)(h) appeal because Sendwa 1 had changed the jurisprudence.

Lavoie v. The Queen - 2015 TCC 228 - 2015-09-24

I take it to be a clear rule of construction that in the imposition of a tax or a duty, and still more of a penalty if there be any fair and reasonable doubt the statute is to be construed so as to give the party sought to be charged the benefit of the doubt.   [...]  [14] It should also be noted that, in this last decision, Judge Strayer had to deal with not only the penalty under subsection 163(2) but also the application of subsection 152(4) of the Act, which allows the Minister to reopen previous assessments going back more than four years (at the time).   [...]  [17] He is responsible for opening fence gates and preparing trucks to be driven by the employees of his corporations; he also looks after the trucks and breakdowns, and deals with obtaining transportation contracts.

Guillaume v. Canada (Public Safety and Emergency Preparedness) - 2013 FC 143 - 2013-02-08

[19] It is important to note that this application for judicial review deals solely with the decision of the Minister’s delegate confirming the forfeiture of the currency under section 29 of the Act.   [...]  . . . [49] Where the Minister repeatedly asks for proof that the seized currency has a legitimate source, as he did in this case, it is a fair conclusion that he made his decision on the basis of the applicant’s evidence on that issue.   [...]  (iii) establishing an agency that is responsible for dealing with reported and other information;