11,309 result(s)
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10,426.
Tung v. Canada (Public Safety and Emergency Preparedness) - 2022 FC 141 - 2022-02-04
Federal Court DecisionsIn August 2014, the Refugee Protection Division [RPD] agreed with the Minister of Citizenship and Immigration and nullified the 2002 grant of refugee status, however, the RPD decision was set aside on judicial review on procedural fairness grounds: the RPD unreasonably denied Ms. Tung an adjournment so as to allow her [...] [14] I accept that the reference by the Minister’s delegate to this Court’s decision in Tung 2018 is somewhat confusing as Madam Justice MacDonald did not definitively deal with the issue of the retrospective application of paragraph 46(1)(c.1) of the Act, however the Minister’s delegate did not say that she did.
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10,427.
Gucake v. Canada (Citizenship and Immigration) - 2022 FC 123 - 2022-02-02
Federal Court DecisionsJustice Gagné found that “consideration of personal interests or humanitarian and compassionate [H&C] factors should form part of the procedural fairness offered to affected individuals by the citizenship revocation process”: paras 2 and 124. [...] [56] Chieu considered whether the Immigration Appeal Division was entitled to consider potential foreign hardship when dealing with appeals of removal orders made against permanent residents.
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10,428.
Hutton v. Canada (Attorney General) - 2021 FC 815 - 2021-08-05
Federal Court DecisionsThis judge has fifteen years of experience in dealing with matters relating to national security as well as related prior legal experience. [...] While I found that additional disclosure may be warranted when there are allegations of bias or a breach of procedural fairness, I also noted that this does not allow a person to engage in a fishing expedition in the hopes of discovering some documents to establish the claim.
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10,429.
Griffiths v. Canada (Citizenship and Immigration) - 2021 FC 653 - 2021-06-22
Federal Court DecisionsThe Applicant signed a plea deal for the lesser charge of “making a false statement in application and use of passport”; the disposition of the other charges was thus suspended. [...] On June 27, 2019, the Officer notified the Applicant via a procedural fairness letter (“PFL”) of his potential inadmissibility to Canada in relation to the charge for perjury.
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10,430.
Canada (National Revenue) v. 2276230 Ontario Inc. - 2021 FC 242 - 2021-03-19
Federal Court DecisionsThey cite the description of the doctrine of abuse of process set out in the dissenting reasons of R v Scott, [1990] 3 SCR 979 at page 1006: “A judge has the power to stay or strike down proceedings which are oppressive or vexatious and violate the fundamental principles of justice underlying the community’s sense of fair [...] [30] The Respondents argue that the application for a compliance order is abusive or oppressive because the Applicant is aware that they have spent considerable time and money dealing with previous matters, culminating in their filing of Notices of Objection and their statements that they intend to file appeals with the Tax
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10,431.
Narivontchik v. The Queen - 2020 TCC 60 - 2020-07-30
Tax Court of Canada Judgments37. I begin by noting that the language used in the other Parts of the Code, dealing with the powers, duties and functions of the Crown, refers to the Attorney General rather than to the Minister of Justice. [...] The proceedings before the Adjudication and Refugee Divisions are to be as informal and expeditious as the circumstances and considerations of fairness permit (ss. 80.1(4) and 68(2)).
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10,432.
Nti v. Canada (Citizenship and Immigration) - 2020 FC 595 - 2020-05-06
Federal Court DecisionsAs Justice Kane noted in Sallai, this has resulted in a “great deal of jurisprudence” on the characterization of PRRA officers’ findings: Sallai at paras 47–52. [...] [25] I note that Mr. Nti does not argue as a matter of procedural fairness that an oral hearing should have been held because the PRRA officer made veiled credibility findings.
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10,433.
Alriyati v. Canada (Immigration, Refugees and Citizenship) - 2020 FC 496 - 2020-04-07
Federal Court Decisions[15] The Applicant raised certain questions about procedural fairness in his Application for Leave and for Judicial Review, but did not pursue them in the written or oral submissions, and it is not necessary to deal with them.
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10,434.
Canadian National Railway Company v. BNSF Railway Company - 2020 FCA 45 - 2020-02-17
Federal Court of Appeal Decisions(b) the salutary effects of the confidentiality order, including the effects on the right of civil litigants to a fair trial, outweigh its deleterious effects, including the effects on the right to free expression, which in this context includes the public interest in open and accessible court proceedings. [...] 385 (1) Unless the Court directs otherwise, a case management judge or a prothonotary assigned under paragraph 383(c) shall deal with all matters that arise prior to the trial or hearing of a specially managed proceeding and may
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10,435.
Canada v. Klesse - 2020 FC 45 - 2020-01-14
Federal Court DecisionsThe Plaintiff argues that this case should be determined by summary judgment because the evidence needed to fairly adjudicate the matter is contained in the affidavits that are before the Court, and the matter turns mainly on legal questions relating to the interpretation of the AMPA. [...] Again, I will deal with this submission briefly. The Defendant has not introduced any evidence to support this contention, and it flies in the face of the evidence and admissions on the record.
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10,436.
Moore v. Canada (Citizenship and Immigration) - 2019 FC 1662 - 2019-12-31
Federal Court DecisionsUntil the reopening of the Applicant’s vacation hearing is settled, it seems to be a fair assertion that the 2009 RPD decision is not definitive nor is it determinative of the veracity of the Applicant’s identity documents. [...] Justice de Montigny’s analysis thus deals with the proper approach to balancing multiple H&C considerations including BIOC, as is the case here.
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10,437.
Coldwater First Nation v. Canada (Attorney General) - 2019 FCA 292 - 2019-11-27
Federal Court of Appeal DecisionsAlthough the scheduling order did not set a deadline for evidentiary objections, any fair reading of that order shows that evidentiary objections had to be brought very quickly. [...] The moving parties have been industrious and diligent in dealing with the tens of thousands of pages of complex evidence filed by the respondents.
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10,438.
Fawcett v. Canada (Attorney General) - 2019 FCA 87 - 2019-04-23
Federal Court of Appeal Decisions[5] In September 2011, Captain Fawcett’s grievance was denied by the Director General, Canadian Forces Grievance Authority, on behalf of the CDS. That decision was set aside on judicial review for reasons of procedural fairness: Fawcett v. Canada (Attorney General), 2012 FC 750. [...] 18 of the Veterans Review and Appeal Board Act, S.C. 1995, c. 18, now provides that the VRAB has “full and exclusive jurisdiction to hear, determine and deal with all applications for review that may be made to the Board under the Pension Act or the Veterans Well-being Act, and all matters related to those applications.”
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10,439.
Kayode v. Canada (Citizenship and Immigration) - 2019 FC 495 - 2019-04-18
Federal Court DecisionsAccording to the applicant, Olatunde “threatened that no matter where I was in Nigeria he would find me and that I should answer his calls or else he would deal with me.” The applicant states in her narrative that Olatunde “dragged” her back to her parents’ home. [...] In fairness to the member, the applicant’s evidence on this point is less than clear.
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10,440.
Evolution Technologies Inc. v. Human Care Canada Inc. - 2019 FCA 11 - 2019-01-18
Federal Court of Appeal Decisionsand its respective directors, officers, servants, agents, employees and all those acting by, through or with the direction and control of the Defendant, from infringing the 392 Patent by manufacturing, using, selling, offering for sale, distributing, importing, exporting or otherwise dealing in Xpresso Rollators in Canada; [...] expert, the minimal sales in Japan, the lack of sales in China, and the limited assets that were not taken into account by Evolution’s expert, it is more likely than not that the fair market value any such undisclosed assets would not be sufficient to cover the very large shortfall as identified by Evolution’s expert.
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10,441.
Thompson v. The Queen - 2018 TCC 167 - 2018-08-29
Tax Court of Canada Judgments[37] Counsel for the respondent also relied on the Loewen decision, cited above, in which the Tax Court of Canada held that the factors to be taken into account in permitting an amendment all relate to fairness, common sense and in the interest of justice. [...] (ii) the total of all amounts each of which is the amount of any prescribed benefit that is expected to be received or enjoyed, directly or indirectly, in respect of interest in the property, by the person or another person with whom the person does not deal at arm’s length.
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10,442.
Rocco Gagliese Productions Inc. v. The Queen - 2018 TCC 136 - 2018-07-10
Tax Court of Canada Judgments[3] Counsel for the Respondent, during his argument, stated that even if I find that the Appellant was in the business of dealing in or originating the performing rights with respect to music, from which royalties are received, it is still not income from an active business. [...] It exists to ensure that its members are fairly compensated for the public performance of their music.
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10,443.
Zuniga v. Canada (Citizenship and Immigration) - 2018 FC 634 - 2018-06-19
Federal Court DecisionsThey endured a great deal of hardship in El Salvador and were robbed of childhood and opportunity. [...] Nor was there an issue of procedural fairness. Therefore, I am satisfied the decision meets the tests set out in Dunsmuir and judicial review must be dismissed.
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10,444.
Francisco v. Canada (Citizenship and Immigration) - 2018 FC 456 - 2018-04-27
Federal Court Decisions107 (2) Si elle estime, en cas de rejet, qu’il n’a été présenté aucun élément de preuve crédible ou digne de foi sur lequel elle aurait pu fonder une décision favorable, la section doit faire état dans sa décision de l’absence de minimum de fondement de la demande. [...] He says further that in describing his father’s manner of dealing with the threats he was portraying his father’s strength and courage, which is the opposite of the Board’s suggestion that he portrayed his father as old and weak.
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10,445.
Cold Lake First Nations v. Noel - 2018 FCA 72 - 2018-04-10
Federal Court of Appeal DecisionsI note that this may not be the most efficient way to deal with issues arising from a contested nomination as this would mean that new elections may have to be called. [...] I am wrong in this respect, and as mentioned during the hearing, I believe that, in the present circumstances of this case, the failure to provide those documents to the respondent and to give him the opportunity to comment on them before issuing the decision would in any event constitute a breach of procedural fairness.
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10,446.
Hokhold v. The Queen - 2017 TCC 217 - 2017-10-27
Tax Court of Canada JudgmentsIn his view, it is only fair for him to be given the opportunity to claim these accumulated bad debts in 2008, as he would otherwise be taxed on services provided and billed but not paid. [...] [42] The relevant statutory provision dealing with bad debts is found in paragraph 20(1)(p) of the Act. The relevant portions of paragraph 20(1)(p) of the Act read:
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10,447.
Ike Enterprises Inc. v. The Queen - 2017 TCC 160 - 2017-08-25
Tax Court of Canada JudgmentsA lawyer might also, out of an abundance of fairness or to resolve a dispute, volunteer to have the final bill assessed in this fashion and to be bound by the results. [...] That was the deal agreed upon as between the two parties. [43] I will only add that fee arrangements and particularly contingency fee arrangements are generally regulated by the various law societies.
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10,448.
Crawford v. Canada (Public Safety and Emergency Preparedness) - 2017 FC 743 - 2017-07-31
Federal Court Decisions[30] The Officer recognized that family separation is difficult and it is fair to say, I believe, that the removal process is bound to be upsetting for any six-year old child about to be separated from one of his/her parents. [...] First, the Court was dealing with a Roma family who had escaped persecution and sought protection in Canada.
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10,449.
Canada (Attorney General) v. Féthière - 2017 FCA 66 - 2017-03-31
Federal Court of Appeal Decisions[21] More specifically, the AGC alleges that, under paragraph 209(1)(c) of the PSLRA, the Board’s jurisdiction to hear a grievance that deals with a termination resulting from the revocation of reliability status is limited to noting that the termination is based on the loss of reliability status and nothing more. [...] an employee’s reliability status in the absence of disguised discipline or to examine whether the decision was made in bad faith or in breach of procedural fairness (Hillis v. Treasury Board (Department of Human Resources Development), 2004 PSSRB 151, [2004] C.P.S.S.R.B. No. 137 (QL); Zhang v. Treasury Board (Privy
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10,450.
Canada (Attorney General) v. Bri-Chem Supply Ltd. - 2016 FCA 257 - 2016-10-21
Federal Court of Appeal DecisionsHere, for example, we are dealing with commercial importation and international trade, an area where the CBSA, customs brokers and others are deluged every day by millions of goods seeking quick, efficient and predictable entry to our domestic market: see the Tribunal decision at para. 37, quoted in para. 13, above. [...] [65] The respondents fairly conceded that there was nothing in the conduct of these appeals that would justify an award of solicitor and client costs.