11,311 result(s)
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9,501.
Canada (Citizenship and Immigration) v. Nilam - 2017 FCA 44 - 2017-03-07
Federal Court of Appeal Decisionsa) dans l’attente de renseignements ou d’éléments de preuve ou des résultats d’une enquête, afin d’établir si le demandeur remplit, à l’égard de la demande, les conditions prévues sous le régime de la présente loi, si celui-ci devrait faire l’objet d’une enquête dans le cadre de la Loi sur l’immigration et la protection des [...] (LexisNexis, 2006) at 416, §13.26, “[s]tatutes enacted by a legislature that deal with the same subject are presumed to be drafted with one another in mind, so as to offer a coherent and consistent treatment of the subject.”.
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9,502.
Van Heest v. Canada (Citizenship and Immigration) - 2017 FC 263 - 2017-03-03
Federal Court DecisionsDespite the stresses in his life he trusts Dean [Meyerhoff] and John [Leevers] enough to get the support he needs from them to deal with these stresses without any major deterioration in his mental state or behaviour.” Although Dr. Tapper proceeded to recognize that Mr. Van Heest would likely be removed to the Netherlands [...] [37] This is not simply a question of administrative convenience, but implicates the integrity and fairness of, and public confidence in, Canada’s system of immigration control (Selliah v Canada (Minister of Citizenship and Immigration), 2004 FCA 261, at para 22).
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9,503.
Feher v. Canada (Public Safety and Emergency Preparedness) - 2016 FC 1259 - 2016-11-10
Federal Court DecisionsA subsequent application to reopen his refugee claim due to a denial of procedural fairness was filed with the RPD and was denied. [...] As part of the original request for deferral the Applicant had also filed updated country condition documents dealing with deteriorating conditions in Hungary for Roma.
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9,504.
Canada (Public Safety and Emergency Preparedness) v. Sigar - 2016 FC 1014 - 2016-09-07
Federal Court Decisions2. The test on leave for judicial review is well-known: whether the Applicant has a fairly arguable case. [...] 15. I will deal with each. 16. In my view, Member Ko adequately addressed the Danger Opinion such as was provided to her.
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9,505.
Simon v. Canada - 2016 FC 976 - 2016-08-29
Federal Court DecisionsThe pleadings are vague, over-inclusive, and contain a great deal of irrelevant information. [...] (d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or
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9,506.
Canada (Citizenship and Immigration) v. Ndayinase - 2016 FC 694 - 2016-06-20
Federal Court Decisions[8] The High Commission thus sent a procedural fairness letter to Emmanuel, notifying him of the requirement under subsection 16(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 [the Act] to produce all relevant evidence and documents the officer reasonably requires to process the application. [...] [14] The IAD cited as applicable paragraphs 14 and 15 of Lan v Canada (Minister of Citizenship and Immigration), 2004 FC 770 [Lan], which deals with a refusal under subsection 16(1) of the Act, where the Court noted:
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9,507.
Russell v. The Queen - 2016 TCC 122 - 2016-05-18
Tax Court of Canada Judgments(a) may prejudice or delay the fair hearing of the action, (b) is scandalous, frivolous or vexatious, or [...] g) With respect to the penalties under subsection 163(2), it is the Appellant’s position that an individual who deals with “public money” as an officer owes a fiduciary duty to the public to report all “public money” earned from such “office”.
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9,508.
Gechuashvili v. Canada (Citizenship and Immigration) - 2016 FC 365 - 2016-03-31
Federal Court DecisionsFrom a fairness perspective, then, the case must be assessed on the current state of the law. [...] (b) on the proper interpretation of section 49 of the IDR, do the words “may do whatever is necessary to deal with the matter” entitle the ID, as the Respondent appears to suggest, to decide interlocutory applications without issuing its decision to the parties?
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9,509.
Zheng v. Canada (Citizenship and Immigration) - 2015 FC 796 - 2015-06-26
Federal Court DecisionsIt balances judicial finality and economy and other considerations of fairness to the parties. [...] [21] In the IRPA, Parliament has established a comprehensive, self-contained process with specific rules to deal with the admission of foreign nationals as members of the family class.
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9,510.
Nakawunde v. Canada (Citizenship and Immigration) - 2015 FC 309 - 2015-03-13
Federal Court Decisions3. Did the officer breach the duty of fairness owed to the applicant by failing to convoke an oral hearing? [...] [25] As was held in Ferguson, an officer may deal with evidence by assessing credibility or by assessing its probative value regardless of credibility.
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9,511.
Miah v. Canada (Citizenship and Immigration) - 2015 FC 36 - 2015-01-12
Federal Court Decisions[27] Correctness is the appropriate standard of review for issues of natural justice and procedural fairness (Mission Institution v Khela, 2014 SCC 24, [2014] 1 SCR 502 at para 79; Canada (Citizenship and Immigration) v Khosa, 2009 SCC 12, [2009] 1 SCR 339 at para 43. [...] There is no suggestion however that he was misinformed by the Applicants, the problem apparently being his failure to properly investigate what issues arose in his clients’ dealings with the CIC.
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9,512.
Mansur v. Canada (Citizenship and Immigration) - 2014 FC 1035 - 2014-11-03
Federal Court Decisions[17] Though there are several issues raised by the Applicant in this matter, it is necessary only to deal with the following issue: [...] This appears to be a question of procedural fairness which should be reviewed on a standard of correctness (Uluk v Canada (Minister of Citizenship and Immigration), 2009 FC 122, at para 16; El-Kashef v Canada (Minister of Citizenship and Immigration), 2012 FC 1151, at para 11).
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9,513.
Canada (Citizenship and Immigration) v. Balogh - 2014 FC 932 - 2014-10-01
Federal Court DecisionsThe RPD then noted that, based on the evidence before it: Hungary is a democracy; has free and fair elections; a relatively independent and impartial judiciary; is in control of its territory; has a functioning security force to uphold the laws and constitution in place; and was not in a state of complete breakdown. [...] [28] There is no doubt that the RPD recited a great deal of relevant law in connection with the doctrine of state protection.
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9,514.
Blenk Development Corp. v. The Queen - 2014 TCC 185 - 2014-06-04
Tax Court of Canada Judgments[...] (a) to provide opinion evidence that is fair, objective and non-partisan; [...] However, to the extent this expert witness who shall be present at examinations for discovery seeks to be an expert witness at trial, then, in such an event a case management judge may deal with this argument of prejudice and non-compliance with the Expert Code of Conduct at that time.
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9,515.
Berthoumieux v. Canada (Citizenship and Immigration) - 2013 FC 1200 - 2013-11-29
Federal Court DecisionsBe that as it may, I do not believe that anything turns on such a delay in dealing with the applicant’s request. [...] La demande CH était concentrée uniquement sur les conditions socio-économiques en Haïti auxquelles la population générale doit faire face quotidiennement.
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9,516.
Reynolds v. The Queen - 2013 TCC 288 - 2013-09-16
Tax Court of Canada Judgments“This Division and Division J” are the administrative provisions dealing with, among other things, returns, assessments, objections and time extensions. [...] I considered whether I should invite further submissions but decided that, given that pursuant to the Tax Court of Canada Act time extension applications are to be dealt with as informally and expeditiously as the circumstances and conditions of fairness permit, it would be better to get these reasons out and insert this
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9,517.
Horvath v. Canada (Citizenship and Immigration) - 2013 FC 788 - 2013-07-15
Federal Court Decisions[27] The standard of correctness applies to the first issue as it raises a question of procedural fairness (C.U.P.E. v Ontario (Minister of Labour), 2003 SCC 29, [2003] 1 SCR 539). [...] [35] Considering that the credibility findings made are crucial to the issues raised and that the Court cannot review them for the reasons mentioned above, I will not deal with the second issue.
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9,518.
Sathasivam v. Canada (Attorney General) - 2013 FC 419 - 2013-04-23
Federal Court DecisionsThis will be considered in dealing with the fourth issue. 3. Does Passport Canada have the power to refuse passport services to the parents for a limited period of time in these circumstances? [...] Section 12 provides that enactments are to be deemed to be remedial and to be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objects.
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9,519.
Canada (Attorney General) v. Canadian Human Rights Commission - 2013 FCA 75 - 2013-03-11
Federal Court of Appeal DecisionsThe Tribunal did not deal with paragraph 5(a) of the Act, as it should have. [...] E. Procedural fairness [24] The Tribunal considered material outside of the formal record on the motion.
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9,520.
Daruwala v. The Queen - 2012 TCC 257 - 2012-07-17
Tax Court of Canada Judgments[24] There is some reference to the Thomson decision in judicial decisions dealing with s. 191(1) (see Sand, Surf & Sea Ltd. v The Queen, 2008 TCC 96, [2008] ETC 2911). [...] (e) to have paid as a recipient and to have collected as a supplier, at the later of those times, tax in respect of the supply calculated on the fair market value of the complex at the later of those times.
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9,521.
Camacho Pena v. Canada (Citizenship and Immigration) - 2011 FC 746 - 2011-06-22
Federal Court DecisionsThey had not filed any denunciation with the police or GAULA (the government’s anti-terrorism unit dealing with extortion and kidnapping) because they had been warned against doing so by FARC. Accordingly, the Board determined that the applicants had not taken any reasonable steps at all to obtain state protection before [...] [17] The Board drew on the documentary evidence and made a series of observations about Colombia addressing, among other things, law enforcement agencies and efforts to provide state protection, democracy and fair elections, the existence of a witness protection program, procedures to promote the rule of law, investigations
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9,522.
Mario Côté Inc. v. The Queen - 2011 TCC 105 - 2011-02-17
Tax Court of Canada Judgments... (c) a person with whom the person was not dealing at arm’s length, [...] [8] Moreover, it is submitted that interpretation is fair, because if MCI were to succeed, the result would be contrary to the spirit of the Act, since 2635 paid a dividend of $6,000,000, creating an entitlement to a tax refund that, in the particular circumstances of this case, was without basis, but enabled 2635 to avoid
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9,523.
Lippert v. The Queen - 2010 TCC 484 - 2010-11-12
Tax Court of Canada JudgmentsI will deal with each expense in the order in which it appears in the Reply to the Notice of Appeal. [...] I do not have evidence before me that can assist in such a determination, and am satisfied that the appellant has been allowed an expense amount of fairly equal value.
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9,524.
Rhodes v. Compagnie Amway Canada - 2010 FC 724 - 2010-07-02
Federal Court Decisions(a) the agreement deals with only some of the matters in respect of which the proceeding was commenced; and [...] 3. L’objet du différend ne peut faire l’objet d’un arbitrage aux termes des lois de l’Ontario.
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9,525.
Mukasi v. Canada (Citizenship and Immigration) - 2010 FC 463 - 2010-04-28
Federal Court DecisionsHe also stated that the army intervened to stop the atrocities and genocides that were being committed by the supporters of FRODEBU. He also stated the Constitution did not allow the members of the army to join a political party; therefore, it would not be fair to associate them with UPRONA. I find that the claimant made [...] During these negotiations, UPRONA and other opposition parties were able to negotiate a deal that gave them forty per cent of executive posts.