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Braud v. Canada (Citizenship and Immigration) - 2020 FC 132 - 2020-01-27

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).   [...]  This is provided in section 36 of the IRPA. It has been mentioned repeatedly that subsection 36(1) of the IRPA dealing with inadmissibility for “serious” criminality defines a form of “social contract” (Gill v Canada (Citizenship and Immigration), 2019 FC 772 at paras 11–12; Gannes v Canada (Citizenship and Immigration),   [...]  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).

Ewert v. Canada - 2015 FC 1093 - 2015-09-18

(f) correctional decisions are made in a forthright and fair manner, with access by the offender to an effective grievance procedure;   [...]  (2) Le délinquant qui croit que les renseignements auxquels il a eu accès en vertu du paragraphe 23(2) sont erronés ou incomplets peut demander que le Service en effectue la correction; lorsque la demande est refusée, le Service doit faire mention des corrections qui ont été demandées mais non effectuées.   [...]  [112] Overbreadth deals with a law that is so broad in scope that it includes some conduct that bears no relation to its purpose.

Taypotat v. Taypotat - 2013 FCA 192 - 2013-08-13

He further found that the Electoral Officer did not, in these circumstances, breach any duty to act fairly by failing to provide the appellant with an oral hearing prior to disqualifying him as a candidate (Reasons at paras. 50 to 53).   [...]  [19] Turning his mind to the appellant’s submissions under the Charter, the Judge concluded that education requirements are not an analogous ground of discrimination under section 15 “since they deal with personal attributes rather than characteristics based on association with a group” (Reasons at para. 59).   [...]  [25] The issues raised by the appellant with respect to the duty to act fairly and to the interpretation of the Kahkewistahaw Election Act by the Electoral Officer should also be dismissed.

Canadian National Railway Company v. Canadian Transportation Agency - 2010 FCA 65 - 2010-03-30

[4] CN also argued that the CTA’s decision respecting the nature of the payment by [the shipper] to CN was made in breach of the duty of fairness because CTA staff led CN to believe that the CTA would not decide this issue.   [...]  However, since I am of the view that CN’s substantive challenge succeeds, the procedural fairness issue does not arise.   [...]  [42] The Panel did not deal with this argument since it was satisfied that at least some of the grain in question had been imported into Canada within the meaning of Article III:4, and the United States had not claimed a violation of Article V.

Powell v. Canada (Attorney General) - 2004 FC 1304 - 2004-09-22

Dr. Sagi discussed with the Applicant the need to curtail his drinking in order to deal more effectively with his anxiety symptoms.   [...]  « _soins de santé mentale_ » Traitement des troubles de la pensée, de l'humeur, de la perception, de l'orientation ou de la mémoire qui altèrent considérablement le jugement, le comportement, le sens de la réalité ou l'aptitude à faire face aux exigences normales de la vie.   [...]  a) violates the common law duty to act fairly; b) violates the Applicant's right under s. 7 of the Charter of Rights and Freedoms not to be deprived of the security of his person except in accordance with the principles of fundamental justice;

Demont v. The Queen - 2002-10-23

[51] With respect to the case law, counsel took the position that the Court should give "the most equitable and large interpretation possible" to subsection 118(2) dealing with specified medical expenses.   [...]  [72] This case was well presented, ably and fairly argued. The Court was most impressed with the evidence of the Appellant and Patricia Demont, the patient.   [...]  In particular, Mrs. Demont showed a considerable medical improvement which was so substantial that it enabled her to proceed with the angioplasty which by that time was described as a fairly routine procedure whereas earlier it was equated to the much more serious procedure of open heart surgery.

Canada (Minister of National Revenue) v. Mattel Canada Inc. - 1999-01-13

The need for a fair, uniform and neutral system for the valuation of goods for customs purposes that precludes the use of arbitrary or fictitious customs values was recognized internationally and led to the development of the said Code to which Canada as a contracting party adhered.   [...]  [46] A review of the American precedents relating to the lowest transaction value rule shows that "the rule only applies where there is a legitimate choice between two statutorily viable transaction values" and "the manufacturer's price constitutes a viable transaction value when... the manufacturer and the middleman deal   [...]  [48] I think it is fair to conclude that the DMNR was satisfied that the relationship between the respondent and Mattel Inc. did not influence the price paid or payable for the goods.

Chrono Aviation Inc. v. Canada (Attorney General) - 2024 FC 635 - 2024-04-26

[23] The Attorney General makes detailed submissions to show that the Minister complied with procedural fairness and that his decision was reasonable.   [...]  I will deal with these two issues in turn. (3) Alleged lack of alternatives

Mamlouk v. Canada (Citizenship and Immigration) - 2023 FC 1097 - 2023-08-11

[20] The applicant argues that, despite the fact that the RAD’s findings deal with credibility, which would usually warrant deference, the Court should not hesitate to intervene in a clear case of error as in this case (Martinez Giron v Canada (Citizenship and Immigration), 2013 FC 7 [Martinez Giron] at para 15).   [...]  She argues that this evidence [translation] “the genuineness of which is not in dispute” should have been considered fairly by the RAD rather than being discounted because of what it does not say, that is, the names of the persecutors or their organizations.

Bellegarde v. Carry the Kettle First Nation - 2023 FC 129 - 2023-01-27

Nevertheless, members of First Nations are entitled to procedural fairness and remedies for the breach of their rights: Sparvier v Cowessess Indian Band, [1993] 3 FC 142 (TD) at 161; Saulteaux, at paragraphs 55–58.   [...]  Most legal systems that respect individual freedoms and dignity must find peaceful ways to deal with opposition in their midst.

National Bank of Canada v. Taha - 2022 FC 1282 - 2022-09-12

In considering costs, the PEI Court of Appeal noted that the primary issue of mortgage default was fairly narrow and not complex, but the appeal proceeding was made more complex because Mr Taha engaged in “superfluous correspondence” and introduced “wide-ranging unmeritorious and often non-justiciable defences and claims”   [...]  • Courts are community property available to everyone, but access may be restricted in some circumstances in order to protect the finite resources of the Court from being diverted away from dealing with other proceedings involving allegations deserving of a proper share of the Court’s attention.

Oladele v. Canada (Citizenship and Immigration) - 2022 FC 1161 - 2022-08-03

The Applicant states that the move to Uganda caused the family a great deal of practical, financial, physical and emotional hardship.   [...]  [33] Third, the Applicant submits that this Court’s intervention is warranted, and nothing short of the remedy of mandamus compelling the Minister to discharge his duty will ensure the Applicant’s right to the fair processing of his application for permanent residence.

Shah v. Canada (Citizenship and Immigration) - 2022 FC 424 - 2022-03-29

In the end, Madam Justice Kane concluded that the officer did not breach the principles of procedural fairness by relying upon his own internet search with respect to the services in Bangladesh that could support their son with autism, did not apply an outdated approach to the H&C determination, and did not fetter his   [...]  ” The Immigration Officer also sets out at length sections of the website dealing specifically with the nature of the programs and the faculty of 51 teachers and professionals from various disciplines at the school.