Advanced Search

Goodman v. Canada (Minister of Citizenship and Immigration) - 2000-02-29

The principles ensure the fairness of the administrative decision-making process while recognizing the need for flexibility in applying these concepts in the administrative context.   [...]  (e) the scope of his deal with the authorities when he turned supergrass and his knowledge of what happened to others in the INLA who had turned supergrass;   [...]  [88] I was invited to certify three questions but I decline to do so on the grounds the proposed questions do not fairly arise.

Canadian Imperial Bank of Commerce v. The Queen - 2022 TCC 83 - 2022-07-19

This, in my opinion, is the most efficient way to deal with this matter.   [...]  The evidence also shows that the LCL Group had spent a good deal of time and money building up these trademarks.   [...]  The taxpayer’s business was promoting credit cards in public spaces such as shopping centres, fairs and exhibition sites.

Blank v. Canada (Minister of Justice) - 2004 FCA 287 - 2004-09-08

It is a personal and extra-patrimonial right which follows a citizen throughout his dealings with others.   [...]  At page 260, he wrote: "the zone of privacy is thus restricted in aid of the pursuit of early exchange of relevant facts and the fair resolution of disputes".   [...]  In short, section 23 of the Act is designed to deal with documents which are privileged, not those which were once privileged.

Janssen Inc. v. Apotex Inc. - 2022 FC 107 - 2022-01-31

The Court has discretion to look at one or more issues and determine whether it is appropriate to deal with those issues by way of summary trial [Rule 213(1); Teva Canada Limited v. Wyeth and Pfizer Canada Inc., 2011 FC 1169 (rev’d on other grounds 2012 FCA 141) [Teva Canada] at paragraph 32].   [...]  [31] The Patent Act promotes adherence to the language of the claims, which in turn promotes fairness and predictability (Free World Trust at paras. 31(a), (b) and 41).   [...]  The public is entitled to rely on the words used provided the words used are interpreted fairly and knowledgeably.

Kioko v. Canada (Citizenship and Immigration) - 2014 FC 717 - 2014-07-18

[14] Issues of procedural fairness, on the other hand, call for a more exacting standard of review – the standard of correctness – and no deference is due to the decision-maker (Adetunji, above at para 23).   [...]  [15] In some judgments, the Court has treated the decision to not hold a hearing as a breach of procedural fairness and has, as a result, applied the standard of correctness.   [...]  [34] The Minister, through the Officer, gave no weight to the affidavit dealing with the deadly car accident.

Ochapowace First Nation v. Canada (Attorney General - 2007 FC 920 - 2007-09-14

But in all fairness, this is also true of Mr. Woodvine’s affidavit, submitted by the respondents.   [...]  Despite having reasonable grounds to believe this other police officer had been operating a motor vehicle while intoxicated, Beaudry decided not to request a breathalyzer and not to prepare an impaired driving report, using his discretion to deal with the case otherwise than through prosecution.   [...]  To be fair, he also argued that the only way to establish transparency and honesty, in the context of the subjective justification, was to provide the reasons for the decision.

Vivat Holdings Ltd. v. Levi Strauss & Co. - 2005 FC 707 - 2005-05-19

To import a consideration of "concept" into paragraph 6(5)(e) of the Act, which deals with the degree of resemblance between the trade-marks, constitutes an error of law, urges Vivat.   [...]  cannot fairly be made except upon certain conditions, and they are also   [...]  Vivat simply did not establish, on the evidence, that the third party designs that bear the common element - double arch-double stitching - are in "fairly extensive use" in the marketplace.

Air Canada Pilots Association v. Kelly - 2011 FC 120 - 2011-02-03

[158] These cases deal either with the constitutional validity of mandatory retirement policies or of legislation, and, in one case, deal specifically with the constitutional validity of paragraph 15(1)(c) of the Canadian Human Rights Act itself.   [...]  Mandatory retirement had profound implications for the structuring of pension plans, for fairness and security of tenure in the workplace, and for work opportunities for others.   [...]  [422] Meiorin imposes both procedural and substantive obligations on employers when dealing with discriminatory employment standards.

Meda AB v. Canada (Health) - 2016 FC 1362 - 2016-12-09

[116] This is particularly true in dealing with the prosecution histories of foreign patent applications, where different cannons of patent construction, different laws and different jurisprudence has evolved, differentiating doctrines applied elsewhere from Canadian patent law.   [...]  In Free World Trust, at paragraph 30, Mr. Justice Binnie enumerated six propositions that must be considered ensure that a fair and predictable result is achieved while construing claims to determine whether there is infringement:   [...]  2. Adherence to the language of the claims in turn promotes both fairness and predictability.

Singh v. Canada (Citizenship and Immigration) - 2023 FC 1715 - 2023-12-18

The reviewing court must adopt an attitude of restraint and intervene “only where it is truly necessary to do so in order to safeguard the legality, rationality and fairness of the administrative process” (Vavilov at para 13), without “reweighing and reassessing the evidence” before it (Vavilov at para 125).   [...]  [37] It is true that, when an administrative decision maker does not properly deal with evidence squarely contradicting its findings of fact, the Court may intervene and infer that the decision maker overlooked the contradictory evidence when reaching its conclusion (Ozdemir v Canada (Minister of Citizenship and   [...]  They serve to state “how and why a decision was made,” demonstrate that “the decision was made in a fair and lawful manner,” and shield against “the perception of arbitrariness in the exercise of public power” (Vavilov at para 79).

Gomes v. Canada (Citizenship and Immigration) - 2020 FC 506 - 2020-04-09

In my opinion, the long-established rule in judicial proceedings that justice must not only be done but must appear to be done, may be paraphrased for cases where the requirement is simply that of fair dealing, by saying that in such cases not only must the person involved be dealt with fairly but it must be apparent that

Osikoya v. Canada (Citizenship and Immigration) - 2018 FC 720 - 2018-07-11

The RAD needed to say a great deal more than it did to explain why the claim was rejected despite this corroborative evidence.   [...]  In determining whether a claimant should be given protection in Canada on this basis, a decision-maker must evaluate the credibility of the claim with care and sensitivity, ensuring that it is judged against expectations that are fair and reasonable given the specific circumstances of the case.   [...]   Guideline 9: Proceedings before the IRB Involving Sexual Orientation and Gender Identity and Expression (effective May 1, 2017) now provide assistance to members of the Immigration and Refugee Board in this regard, helping to ensure that claims for protection on these grounds are scrutinized rigorously but fairly.

Budlakoti v. Canada (Citizenship and Immigration) - 2015 FCA 139 - 2015-06-04

[40] As for the second preliminary objection—that there is another forum where adequate and effective relief can be had—the Federal Court did not deal with it fully and did not reach a firm conclusion on it.   [...]  the appellant applies to the Minister for citizenship under subsection 5(4) of the Citizenship Act, the Minister must decide the appellant’s application for citizenship fairly on the basis of the evidence presented and the applicable legislative standards, all in accordance with applicable standards of procedural fairness.