11,311 result(s)
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9,326.
Hay v. The Queen - 1999-12-23
Tax Court of Canada JudgmentsThe interest payments alone would be fairly debilitating in light of the revenue that the farm has earned and may earn in the future. [...] Your Honour, I think we have to be very, very careful with how you deal with '96, '97 and '98. [...] Taxidermy and writing, I don't think we need to spend a great deal of time on.
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9,327.
Akinbobala v. Canada (Attorney General) - 1997-12-12
Federal Court Decisions*** *** *** I am not unaware of the "fairly emphatic" statement made by me in Operation Dismantle, supra, in the context of Charter review, in which four other members of the Court joined. [...] It is not, therefore, necessary for me to deal with the substance of the contending interpretations of the Auditor General's rights and duties as they relate to s.13(1) access to information. [...] Nothing in the foregoing should be taken as prejudicing the right of the House of Commons to deal with a s.7(1)(b) report as it sees fit.
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9,328.
ChÂteauneuf v. Canada - 1997-11-26
Federal Court DecisionsIn my view, certification is a flexible procedural mechanism to assist the parties and the Court in dealing with particular concerns that may arise in class actions. [...] At the conclusion of its analysis the Court held that Mr. Pawar was in a position to fairly and properly represent the class which he said he wished to represent. [...] The Supreme Court of Canada had to deal with the identity of the group in the Naken case [supra] in which the class action was to be by a group of persons with reference to ownership of an identifiable property, a Firenza vehicle owned by each at the commencement of action.
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9,329.
Robillard v. Canada (Attorney General) - 2016 FC 495 - 2016-05-04
Federal Court DecisionsOn the one hand, there were serious material breaches of procedural fairness. [...] [78] This is not the case here, even if the element of procedural fairness may be minimal. [...] The applicant suffered significant material injury due to the failure to observe procedural fairness.
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9,330.
Harless v. Canada (Fisheries, Oceans and Coast Guard) - 2022 FC 369 - 2022-03-21
Federal Court DecisionsC. Did the Respondent Ministers owe the Applicant a duty of procedural fairness, and if so, was it met? [...] A. I thought it was a done deal. I mean, the transfer had already occurred, unbeknownst to myself, but I was reassured in the knowledge that it was a federally protected heritage lighthouse. [...] Whether the Respondent Ministers breached natural justice and procedural fairness
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9,331.
Sandwidi v. Canada (Public Safety and Emergency Preparedness) - 2020 FC 995 - 2020-10-22
Federal Court DecisionsYet an inspection of one of his two cell phones revealed what was described as a great deal of conversations about money exchanges and payments, with Mr. Sandwidi’s only explanation being that he was doing favours for others. [...] This is not a matter of procedural fairness, and it could have been presented to the decision maker at the appropriate time and place. [...] The applicant claims that the question was not asked and that this was a breach of procedural fairness.
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9,332.
Lee v. Canada (Citizenship and Immigration) - 2020 FC 504 - 2020-04-08
Federal Court DecisionsHowever, a more doctrinally sound approach is that no standard of review at all is applicable to the question of procedural fairness. [...] 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. [...] The Officer felt that, given the protections in place in South Korean schools to deal with bullying, the Applicants had failed to establish that Seonwoo would be bullied.
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9,333.
Haydon v. Canada - 2000-09-05
Federal Court DecisionsThe tradition emphasizes the characteristics of impartiality, neutrality, fairness and integrity. [...] [98] In this regard, I believe the ADM disregarded the context that led to the comments made publicly on national television and failed to proceed with a fair and complete assessment of the competing interests. [...] I believe that he failed to proceed with a fair and complete assessment of the Applicants' right, as a member of the Canadian public, to speak on an important public issue.
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9,334.
Woldemariam v. Canada (Citizenship and Immigration) - 2023 FC 1387 - 2023-10-18
Federal Court DecisionsThe Supreme Court of Canada has established that when conducting judicial review of the merits of an administrative decision, other than a review related to a breach of natural justice and/or the duty of procedural fairness, the presumptive standard of review is reasonableness: Canada (Minister of Citizenship and [...] A proper BIOC analysis demands the interests of children to be well identified, defined and examined with a great deal of attention in light of all the evidence: Kanthasamy v Canada (Citizenship and Immigration), 2015 SCC 61 at para 39.
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9,335.
Agnant v. Canada (Public Safety and Emergency Preparedness) - 2023 FC 334 - 2023-03-13
Federal Court DecisionsAnd in Khosa at para 61, which also deals with a judicial review of the IAD’s analysis of humanitarian and compassionate considerations, the Supreme Court held, “I do not believe that it is the function of the reviewing court to reweigh the evidence.” [...] If a member can rely on police reports and witness statements, for example, to assess an appellant’s credibility, it seems fairly obvious that the panel should be able to rely on transcripts and written analyses by a judge of the Superior Court sitting in the criminal division, using evidence of telephone communications
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9,336.
UPL NA Inc. v. Agracity Crop & Nutrition Ltd. - 2023 FC 163 - 2023-02-03
Federal Court Decisions[4] The overriding consideration in making an award of costs is fairness and reasonableness [see Bristol-myers Squibb Canada Co v Teva Canada Limited, 2016 FC 991 at para 5]. [...] I am not satisfied that any incremental increase to deal with issues related solely related to NewAgco is material and there is no evidence before me to suggest otherwise.
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9,337.
Elbeibas v. Canada (Immigration, Refugees and Citizenship) - 2022 FC 468 - 2022-04-04
Federal Court DecisionsIn my view, a reasonable and fair-minded person would judge the requirement that he leave Canada and go to a war zone where a dire humanitarian crisis prevails so that he could apply for permanent residence as a misfortune potentially deserving of amelioration. [...] I appreciate officers need not deal with every issue submitted, but mindful of these three binding authorities and the fact that ADRs are Government decisions that directly relate to dire hardship, I find the Officeer’s failure to consider ADR constituted reviewable error.
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9,338.
Omar v. Canada (Citizenship and Immigration) - 2021 FC 1201 - 2021-11-12
Federal Court DecisionsIn my view, a reasonable and fair-minded person would judge the requirement that he leave Canada and go to a war zone where a dire humanitarian crisis prevails so that he could apply for permanent residence as a misfortune potentially deserving of amelioration. [...] The Respondent emphasizes the Court’s statement in Ndikumana that it would not be unreasonable to find that the applicant will continue to benefit from the ADR applicable to that country and that she will not have to deal with current conditions in Burundi (at para 19).
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9,339.
Stanchfield v. Canada (Employment, Workforce Development and Disability Inclusion) - 2021 FC 467 - 2021-05-19
Federal Court Decisions[1] This decision deals with the refusal of the Respondent Minister to delete the Applicant’s Social Insurance Number [SIN] and other related information from the Social Insurance Register [Register]. [...] (8) La personne à qui un numéro d’assurance sociale a déjà été attribué peut par la suite s’en faire attribuer un nouveau, en conformité avec les règlements pris par la Commission et sous réserve de ceux-ci, dans les cas suivants :
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9,340.
Hakizimana v. Canada (Public Safety and Emergency Preparedness) - 2020 FC 63 - 2020-01-17
Federal Court DecisionsIn fact, Justice Southcott noted that these arguments had been presented in the earlier cases dealing with the equivalent of s 101(1)(d) and had been rejected. [...] • IRPA should also be interpreted in keeping with it fundamental purposes, including saving lives and protecting persons subject to persecution, and treating refugee claimants fairly.
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9,341.
Boucher-Chicago v. Porter - 2019 FC 1627 - 2019-12-18
Federal Court DecisionsThe role of the Adjudicator is to deal with elections complaints and appeals in accordance with the Code. [...] Thus, in my opinion, she acted fairly and exercised due diligence. [18] The Adjudicator dismissed the appeal of the Officer’s decision.
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9,342.
Islam v. Canada (Citizenship and Immigration) - 2018 FC 560 - 2018-05-30
Federal Court DecisionsDid the Officer breach procedural fairness obligations by not disclosing the immigration medical officer’s report? [...] A child’s best interests must be “well identified and defined” and examined “with a great deal of attention” (Kanthasamy, above at para 39).
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9,343.
Kurkin v. Canada (Citizenship and Immigration) - 2018 FC 417 - 2018-04-17
Federal Court DecisionsIn matters of this nature, the administrative tribunal benefits from a great deal of deference from the reviewing court. [...] In fairness, counsel for the applicant did not press the issue at the hearing.
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9,344.
Lohazyak v. Canada (Immigration, Refugees and Citizenship) - 2017 FC 1043 - 2017-11-16
Federal Court DecisionsIn my view, however, since there are no allegations or facts giving rise to any issue of procedural fairness, this application boils down to one issue: was the Officer’s decision reasonable? [...] An officer’s decision under subsection 25(1) is highly discretionary, since this provision “provides a mechanism to deal with exceptional circumstances,” and the officer “must be accorded a considerable degree of deference” by the Court (Williams v Canada (Citizenship and Immigration), 2016 FC 1303 at para 4, [2016] FCJ No
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9,345.
Cardona v. Canada (Citizenship and Immigration) - 2016 FC 1345 - 2016-12-06
Federal Court DecisionsDespite a minor error in procedural fairness, the RPD decision was upheld at the Federal Court on July 2, 2015. [...] Quoting Legault, above, the FCA stated that an officer must examine the BIOC with a great deal of attention in light of all the evidence; it should be treated as a significant factor.
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9,346.
Navaratnam v. Canada (Citizenship and Immigration) - 2015 FC 244 - 2015-02-25
Federal Court DecisionsCounsel for the Applicant advised that counsel routinely send copies and keep the originals on file, suggesting some sort of fairness procedure was warranted before the Officer rejected this new evidence on this ground. [...] [11] Additional concerns were raised by the Applicant which reinforce the decision to order a redetermination, the principal one being the Officer’s failure to deal with the Applicant’s profile as a failed asylum seeker.
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9,347.
Lussier v. Canada (Revenue Agency) - 2015 FC 10 - 2015-01-06
Federal Court DecisionsLegislative instruments (including such non-legally binding “soft law” documents as policy statements, guidelines, manuals, and handbooks) can assist members of the public to predict how an agency is likely to exercise its statutory discretion and to arrange their affairs accordingly, and enable an agency to deal with a [...] [14] Further, the applicant argues that by refusing to consider the applicant’s individual circumstances surrounding the time-barred filing of her ITPR application, the respondent violated the principles of natural justice and procedural fairness (Ching-Chu v Canada (Minister of Citizenship and Immigration), 2007 FC 855
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9,348.
Mersad v. Canada (Citizenship and Immigration) - 2014 FC 543 - 2014-06-05
Federal Court Decisions[23] In Mazarei, above, Justice Peter Annis found that the respondent had acted in good faith to deal with the extraordinary situation at the Ankara Embassy due to the transfer of files after the closure of the Damascus and Teheran visa offices. [...] If his application were allowed, in essence the applicant would be allowed to “jump the queue,” thereby violating the fundamental rule of fairness by which the processing of applications occurs in order of the date of their filing.
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9,349.
Lytle v. The Queen - 2012 TCC 368 - 2012-10-19
Tax Court of Canada Judgments4) CRA's refusal to meet and fairly deal with the authorized representative has left the applicant no choice but to file this objection and seeks costs as a result.
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9,350.
The Grief Recovery Institute v. 1668246 Ontario Inc. - 2012 FC 888 - 2012-07-13
Federal Court DecisionsGiven the current delays in obtaining trial dates, the complex litigation issues involved, as well as the natures of the parties’ respective businesses that involve a great deal of traveling which could result in delays in proceeding with discoveries, it is submitted that having have [sic] this matter case managed will [...] To that extent, I agree with the defendants that their was a breach of procedural fairness.