11,309 result(s)
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9,751.
Chowdhury v. Canada (Citizenship and Immigration) - 2008 FC 18 - 2008-01-08
Federal Court Decisions[3] The AL was in control of the Bangladeshi government from 1996 to 2001, when a caretaker government was appointed with the mandate to hold a fair election. [...] [21] It is trite law that the appropriate standard of review when dealing with findings of fact made by the Board in the context of an IFA is patent unreasonableness: see Ali v. Canada (Minister of Citizenship and Immigration), 2001 FCT 193; Ezemba v. Canada (Minister of Citizenship and Immigration), 2005 FC 1023; Chorny v.
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9,752.
Akinbowale v. Canada (Citizenship and Immigration) - 2007 FC 1221 - 2007-11-26
Federal Court Decisions[11] However, on questions of procedural fairness, the appropriate standard is correctness. [...] [5] In my view, it was an error in law for the immigration officer to have concluded that she was not required to deal with risk factors in her assessment of the humanitarian and compassionate application.
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9,753.
Abdellah v. Canada (Citizenship and Immigration) - 2007 FC 786 - 2007-07-27
Federal Court Decisions[12] Furthermore, the PRRA officer reviewed the objective documentation on the situation of homosexuals in Algeria (including the documents submitted by the applicant and other, more recent documents that deal with the situation in Algeria) and found that it did not establish that homosexuals are victims of persecution in [...] 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.
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9,754.
Apotex inc. v. Wellcome Foundation Limited - 2007 FC 236 - 2007-03-01
Federal Court DecisionsFollowing the provision of those answers, the parties agreed that the second round of Dr. Sherman’s examination dealing with the answers given, and questions arising therefrom, would be continued by way of written interrogatories. [...] 5. Before requiring an answer to a discovery question, the court should weigh the probability of the usefulness of the answer against the time, trouble, expense and difficulty which might be involved in obtaining it: "One must look at what is reasonable and fair under the circumstances..."
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9,755.
Shaikh v. Canada (Citizenship and Immigration) - 2007 FC 110 - 2007-02-01
Federal Court DecisionsThe imposition of time limits to dispute the validity of a legal decision is of course meant to give effect to a basic idea of our legal thinking that, in the interest of society as a whole, litigation must come to an end (interest reipublicae ut sit finis litium), and the general principles adopted by the courts in dealing [...] There is a public interest in having a system which operates in an efficient, expeditious and fair manner and which, to the greatest extent possible, does not lend itself to abusive practices.
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9,756.
S.A. v. Canada (Minister of Citizenship and Immigration) - 2006 FC 515 - 2006-04-27
Federal Court Decisionsb. Failed to observe a principle of natural justice, procedural fairness or other procedure that she is required by law to observe; [...] While we are certainly not dealing here with a "regulated industry", I am satisfied that, by analogy, quoted paragraph [20] is applicable on the facts of this matter.
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9,757.
Balde v. Canada (Minister of Citizenship and Immigration) - 2006 FC 438 - 2006-04-06
Federal Court DecisionsS'il ne peut le faire, il en donne la raison et indique quelles mesures il a prises pour s'en procurer. [...] [18] The Board then seriously doubted that a visa officer could make such a gross mistake by not noting that the person he was dealing with was not the same person who was the bearer of the Guinean passport and the pictures submitted to obtain the visa.
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9,758.
Global Video Inc. v. The Queen - 2005 TCC 742 - 2005-11-29
Tax Court of Canada Judgments16. Moreover, the Agency's interpretation is totally contrary to the principles of tax fairness that must guide Parliament in dealing with taxpayers.
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9,759.
Atabaki v. Canada (Minister of Citizenship and Immigration) - 2005 FC 969 - 2005-07-11
Federal Court Decisions[2] Did the panel fail to observe a principle of natural justice or procedural fairness, act without or beyond its jurisdiction, or otherwise base its decision on erroneous findings of fact or law in reaching its determination that the Applicant was inadmissible? [...] While this argument was not pursued before me, I will briefly deal with it since it has an impact on the other issues;
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9,760.
9101-9380 Québec Inc. v. Canada (Canada Customs and Revenue Agency) - 2005 FC 929 - 2005-06-30
Federal Court Decisions. . . . . 9. (1) Le titulaire qui souhaite faire renouveler sa licence ou son agrément présente une demande de renouvellement au ministre sur le formulaire approuvé par lui, au moins trente jours avant la date d'expiration de la licence ou de l'agrément. [...] Second, the procedure used by the Agency in dealing with its application for renewal was unfair, because it did not give Tabacs Galaxy an opportunity to make submissions in opposition to the decisions made to suspend and cancel the tobacco licence.
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9,761.
Kids Count Consultants Corporation Ltd. o/a Sylvan Learning Centre Brampton v. M.N.R. - 2005 TCC 99 - 2005-02-02
Tax Court of Canada Judgments[4] Before dealing with the issue, a brief background may be helpful. [...] This conclusion is supported by a fairly recent (June 8, 2001 Tax Court decision).
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9,762.
Li v. Canada (Minister of Citizenship and Immigration) - 2004 FC 1695 - 2004-12-03
Federal Court Decisionsfor judicial review be dismissed, as the applicant had not demonstrated that the decision challenged here was fundamentally flawed, was reached through improper considerations, was made in bad faith or without regard to legal principles, or was made in violation of the duty of fairness owed to him in the circumstances. [...] [47] I need not deal with the other issue raised by the applicant. [48] Neither party wished to submit a serious question of general importance for my consideration for certification.
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9,763.
Bolduc v. M.N.R. - 2004 TCC 630 - 2004-09-21
Tax Court of Canada Judgments[20] A contract of service between individuals who deal with each other at arms length is a legal transaction that can be very flexible in the expression of the rights and obligations of the parties involved. [...] 9 In exercising their respective responsibilities, the Théorêt brothers had a fair degree of independence and managed their own areas of activity quite freely.
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9,764.
AB Hassle v. Genpharm Inc. - 2004 FC 892 - 2004-06-22
Federal Court DecisionsI will address the requests with respect to item 14(b) and item 24 because, in the absence of directions from the court, the assessment officer does not have authority to deal with them. [...] The arguments were divided between two counsel and it is both reasonable and fair to allow the second counsel fees.
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9,765.
Ahmed v. Canada (Minister of Citizenship and Immigration) - 2004 FC 251 - 2004-02-19
Federal Court Decisionsb. the Officer breached the rules of procedural fairness by rejecting the application on grounds that he concealed from the Applicant; [...] 3. The Applicant was not notified before the interview that he would have to deal with particular problems of concern to the Officer, such as lack of adequate experience, credibility and the reference letters submitted by the Applicant;
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9,766.
Selvakumaran v. Canada (Minister of Citizenship and Immigration) - 2003 FC 1445 - 2003-12-11
Federal Court DecisionsOtherwise, she will not be assured that the Board has given "full and fair consideration" to the relevant evidence: Randhawa v. Canada (Minister of Citizenship and Immigration), 2003 FCT 418, [2003] F.C.J. No. 595 (QL) (T.D.), at para. 11. [...] In my view, those cases deal with a different situation. There, the absence of a transcript prevented persons from pursuing legal remedies in supervisory courts, by way of judicial review or appeal.
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9,767.
Brito v. Canada (Minister of Citizenship and Immigration) - 2003 FC 1379 - 2003-11-25
Federal Court Decisions(1) The Immigration Officer failed to observe a principle of natural justice, procedural fairness, or other procedure that he was required by law to observe; [...] However, as noted by the respondent, the applicant has not received a Notice to Report for Removal, so this request is premature, and I will therefore not deal with it.
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9,768.
Lim v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 378 - 2003-03-31
Federal Court DecisionsThe applicant was then sent a "fairness letter" dated December 15, 2000, inviting him to submit further evidence concerning the medical condition of his daughter. [...] · Amount of self-care of which she is capable, ability to perform the activities of daily living and practical skills (work record when dealing with adults): She has some problems in face of complex, difficult situation because her IQ is lower than average, but currently, she is doing well in school life and general affairs
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9,769.
Smedley v. The Queen - 2003-01-31
Tax Court of Canada Judgments(f) The Appellants trusted Larry absolutely and had had many other dealings with him in the past without any matters ever being committed to writing. [...] (g) Larry had advised the Appellants that the price Evans was prepared to pay was fair.
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9,770.
Kanagasabapathy v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 78 - 2003-01-27
Federal Court DecisionsDoes that seem fair?", the Applicant did not answer the question but stated that he "wanted to leave the country at any cost" and that this might be the reason for differences in his oral testimony, PIF and immigration visa form. [...] The panel noted that in his dealings with Canadian immigration authorities, the Applicant presented contradictory evidence concerning the last time he saw his wife and children and his ability to speak English.
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9,771.
Schwarz Hospitality Group Ltd. v. Canada (Attorney General) - 2002 FCT 808 - 2002-07-19
Federal Court DecisionsHowever, time limits in rules dealing with summary matters are not to be ignored without some reasonable justification. [...] On the other hand, to deny the time extension to file the Schwarz affidavit, would do justice for the Respondent, but would make the Applicant's case fairly difficult, for as matters presently stands, there would be no documents before the Court.
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9,772.
Gabriel v. Mohawk Council of Kanesatake - 2002 FCT 483 - 2002-04-29
Federal Court DecisionsThe Code called for the democratic election of Council members for a three-year term, in accordance with stringent rules to assure fair elections using a secret ballot. [...] In my view the law concerning wrongful dismissal, and damage awards for that, deals with situations of employer-employee relations and it does not provide for remedies for loss of elective office.
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9,773.
Sharpe v. Canada (Human Rights Commission) - 2001 FCT 1130 - 2001-10-18
Federal Court Decisionsd) the Commission failed to observe a principle of natural justice, procedural fairness, or other procedure that it was required by law to observe; [...] As the decision of the Court will deal only with the grounds of review invoked by the respondent, the relevance of the documents requested must necessarily be determined in relation to the grounds of review set forth in the originating notice of motion and the affidavit filed by the respondent.
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9,774.
Keating v. The Queen - 2001-07-12
Tax Court of Canada JudgmentsTowards the end of his work day the Appellant would return in the vehicle to the Shopping Centre and deal with further business activities in relation to the Shopping Centre, the hardware business and the beverage room business. [...] The requirement of s. 230(1) may fairly be characterized as absolute but the consequence of not complying is liability to conviction of an offence under s. 238(2), not necessarily a conclusion that transactions which ought to have been recorded did not occur.
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9,775.
Gordon v. Canada (Minister of Indian and Northern Affairs) - 2001 FCT 9 - 2001-02-02
Federal Court DecisionsThe Supreme Court of Canada suspended the declaration of unconstitutionality for a period of 18 months, allowing time for the Federal Government to take action and deal with the issue. [...] The defendant in an action is as entitled to a full and fair trial as is the plaintiff and that is equally so when the issue is constitutional.