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Osborne v. Canada (Attorney General) - 2022 FC 122 - 2022-02-02

These include: (i) an affidavit that provides general background to assist the Court in understanding the issues relevant to the judicial review, (ii) an affidavit dealing with procedural defects that cannot be found in the evidentiary record, and (iii) an affidavit to highlight the complete absence of evidence before the   [...]  On the one hand, the fairness policy referred to by the Applicant does not apply to section 216 returns.   [...]  de l’année, relativement à la personne non-résidente ou à la société de personnes, une somme au receveur général en paiement d’impôt sur le loyer de biens immeubles ou réels ou sur une redevance forestière peut choisir, en vertu du présent article, de ne pas faire de remise en vertu de ce paragraphe, auquel cas elle doit :

Canada (Attorney General) v. Utah - 2020 FCA 224 - 2020-12-29

We are dealing with decisions of the highest court in Alberta interpreting an Alberta statute.   [...]  [25] Instead, Mr. Utah points to what he says is the purpose of the Act: “to create a fair balance between the rights of the respective parties and to do justice as between the parties”.   [...]  From there, he submits, in essence, that it would be fair and just in the circumstances of this case to find that his claim is not barred.

Mahadjir Djibrine v. Canada (Citizenship and Immigration) - 2020 FC 1036 - 2020-11-06

● The determination of falsity or omission of consideration by the [RPD] is unreasonable and constitutes a breach of the duty to act fairly;   [...]  [18] As the parties agree, incompetence on the part of counsel representing a refugee claimant may amount, in extraordinary circumstances, to a failure to observe a principle of natural justice or a breach of procedural fairness: Brown v Canada (Citizenship and Immigration), 2012 FC 1305 at paras 30, 55–56, 59 [Brown   [...]  If the RAD does not reopen the appeal, then subject to any challenge to that decision that may be brought to this Court, I will deal with the other matter on the merits.

Catalyst Pharmaceuticals Inc v. Canada (Attorney General) - 2020 FC 938 - 2020-09-30

Finally, in response to Médunik’s argument regarding standing, they submit that the case law cited by the respondents does not apply, as it does not deal with data protection.   [...]   27, where he affirms that the licensing and supply agreement with Catalyst “contemplates a fairly equitable split of net sales between the two companies;”; and (3) paragraphs 37-52, where he outlines the allegations of lost profits and price erosion resulting from competition, and why these losses will not be recoverable.   [...]  This conclusion is not displaced by considering Mr. Reynolds’ general affirmation that the agreement between the parties “contemplates a fairly equitable split of net sales between the two companies.”

Li v. Canada (Public Safety and Emergency Preparedness) - 2019 FC 548 - 2019-04-30

Insufficient evidence was submitted to ... to show that Mrs. Xia Li would not be able to care for her child in China or that she won’t be able to deal with her psychological issues in China.   [...]  [27] More recently, in Kampemana v Canada (Public Safety and Emergency Preparedness), 2015 FC 1060 at para 34, [Kampemana], the Court confirmed that: while enforcement officers “must consider the immediate and short-term interests of the children and treat these fairly and with sensitivity”, they “are not required to review  [...]  [28] The jurisprudence has established that enforcement officers are required to consider the short-term best interests of a child in a fair and sensitive manner (Joarder v Canada (Minister of Citizenship and Immigration), 2006 FC 230 at para 3; Kampemana at para 34).

Douglas v. Canada (Citizenship and Immigration) - 2018 FC 770 - 2018-07-20

[7] The Applicant submitted three issues for review: whether the Officer committed a reviewable error in the assessment of the evidence; breached procedural fairness by relying on an unidentified interviewer’s notes that were dated June 21, 2017, more than four (4) months after the said interviews; and, whether the decision  [...]  [10] The Applicant submits that the Officer breached procedural fairness by arriving at a conclusion without providing adequate reasons, which is an error reviewable on the standard of correctness (Shpati v Canada (Public Safety and Emergency Preparedness), 2010 FC 1046 at para 28.   [...]  This manual deals with all aspects of adoption, including identifying an adoption which was entered into primarily for the purpose of acquiring a status or privilege.

Francis H.V.A.C. Services Ltd. v. Canada (Public Works and Government Services) - 2017 FCA 165 - 2017-08-09

[12] Relying on its own jurisprudence, the CITT first noted that evaluators are afforded a great deal of deference when complaints are launched into the reasonableness of their bid evaluations.   [...]  Francis Ltd. says that allowing MNBS to amend its tender after the tendering process had closed not only offends the principle of fairness which must govern the procurement process, but also a number of trade agreements.   [...]  [33] I agree with counsel for PWGSC that disqualifying a compliant bidder based on PWGSC’s own error would be antithetical to a fair procurement process.

Enoch Cree Nation v. Canada - 2016 FC 994 - 2016-09-02

[5] The facts in the present case are fairly well documented and, for the most part, not controversial.   [...]   Railway Co v McKercher LLP, 2013 SCC 39 (CanLII), [2013] SCJ No. 39 [McKercher], the Supreme Court of Canada has provided guidance as to when it is appropriate to deny a party the counsel of its choice because of some past dealings by the counsel, or individuals in his law firm, with the opposing party to the litigation.   [...]  [39] This case is fairly unique in that both parties to this motion have, at some point in time, asserted that Parlee is in a conflict of interest vis-à-vis the interests of the other party.

Chalita Gonzalez v. Canada (Citizenship and Immigration) - 2011 FC 1059 - 2011-09-08

coupled with state efforts to improve legislation, as well as the capacity and accountability of security forces to address human rights violations, the principal claimant would be able to access a variety of support organizations and state mechanisms to adequately address or deal with the harassment or discrimination.   [...]  [32] The adequacy of reasons is a question of procedural fairness that is reviewed on a correctness standard.   [...]  The applicant received a thorough and fair hearing before the Board after which he received the Board’s written decision and reasons.

Hernandez Hernandez v. Canada (Citizenship and Immigration) - 2010 FC 1323 - 2010-12-23

What emerges is Article 1F(b) leaves signatories to the convention a fair degree of latitude to exclude both criminal and possibly criminal applicants.   [...]  Naturally, for such premise to apply, the RPD [Board] must first be satisfied that the issuing authority does respect the rule of law, that is, for example, that it is not dealing with a country known for the filing of false charges as a means of harassment or intimidation.   [...]  The respondent notes that the 2009 Department of State (DOS) document indicated that in 2006, Colombia had presidential elections that were considered generally free and fair.

Arcand v. Abiwin Co-operative Inc. - 2010 FC 529 - 2010-05-13

The applicant is fairly entitled to compensation. Respondent’s Written Submissions   [...]  These proceedings violate the community’s sense of fair play and decency.   [...]  Further, in dealing with the privacy complaint, the Commission applied Principle 4.3 regarding consent and found that there had in fact been a breach of the applicant’s privacy by the respondent.

McMaster v. Canada - 2009 FC 937 - 2009-09-21

d) ait la possibilité de faire au moins une heure d'exercice par jour, en plein air si le temps le permet ou, dans le cas contraire, à l'intérieur.   [...]  Justice Rouleau found the official’s informal conduct was not “illegal” since he was obligated to deal with such situations.It was his action in combination with the Commission’s denial of the plaintiff of any means of appealing the official’s decision that constituted the unlawful act.Justice Rouleau found that while the   [...]  ... Although I’m fairly confident that Ms. Whirry [sic] will not appreciate that I have contacted you on this matter I have been left with little to no choice.

Anglehart v. Canada (Attorney General) - 2008 FC 1323 - 2008-11-28

(4) Elle a compétence concurrente, en première instance, dans les procédures visant à régler les différends mettant en cause la Couronne à propos d'une obligation réelle ou éventuelle pouvant faire l'objet de demandes contradictoires.   [...]  (d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or   [...]  [38] The doctrine of unjust enrichment provides an equitable cause of action that retains a large measure of remedial flexibility to deal with very different circumstances (Pacific National Investments v. Victoria, [2004] 3 S.C.R. 575).