11,309 result(s)
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1,301.
Tareen v. Canada (Citizenship and Immigration) - 2015 FC 1260 - 2015-11-06
Federal Court DecisionsIssues of procedural fairness are reviewed on a standard of correctness. [...] They submit the duty of fairness required the Officer to confront the applicants with this e-mail and provide them with a fair opportunity to respond to the specific concerns that this e-mail raised. [...] Paragraph 35(1)(b) does not deal with behaviour. It does not require an investigation of intent.
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1,302.
Alabi v. Canada (Citizenship and Immigration) - 2018 FC 1163 - 2018-11-16
Federal Court Decisions[15] The Officer weighed the fact that the Applicant ran a business in Canada and had submitted letters of commendation against his misrepresentations and lack of integrity in his dealings with the Canadian government. [...] The Applicant had no prior notice of the concern and emphasizes that the Decision marks the first time in his 20 years of dealing with CIC that it had been identified to him. [...] [26] Nonetheless, even at the low end of the procedural fairness spectrum, an applicant must be treated fairly.
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1,303.
Canadian National Railway Company v. Viterra Inc. - 2017 FCA 6 - 2017-01-12
Federal Court of Appeal DecisionsThe number of cars could be reduced, but the shortfall had to be fairly redistributed amongst shippers in the rationing pool. [...] In this respect, CN argues that the Agency breached its duty of procedural fairness in deciding an issue that was outside the scope of the pleadings. [...] Although I agree with the respondents and the Agency that the correctness standard applies to questions of procedural fairness (Mission Institution v. Khela, 2014 SCC 24, [2014] 1 S.C.R. 502 at paragraph 79), I need not say anything further on this as it is not necessary for me to address the procedural fairness argument
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1,304.
Ladouceur v. Canada (Attorney General) - 2010 FC 1148 - 2010-11-16
Federal Court Decisionsi. On 9 July 2009 in dealing again with the matter the Board maintained its decision of 9 January 2009. [...] It deals with “Loss of Function- Ankle” and provides, for instance at nine percent: [...] In total fairness with the other Appellants with the same type of disability, the Board considered in order to have fair assessments across Canada, the same Table must be used.
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1,305.
Eli Lilly Canada inc. v. Apotex Inc. - 2010 FC 952 - 2010-09-24
Federal Court DecisionsAnd where a final decision has been made on a fair contest between the parties, that should stand as the final answer between them. [...] [31] With respect to fairness, the statements of the Federal Court of Appeal in Syntex, although made in respect of the 1993 version of section 8, are quite applicable here. [...] In balancing the issue of fairness, I do not believe that the balance is in favour of Apotex here.
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1,306.
Keymanesh v. Canada (Minister of Citizenship and Immigration) - 2006 FC 641 - 2006-05-25
Federal Court Decisions[11] The issue raised on this application for judicial review is one of procedural fairness involving the duty to give notice. [...] The requirement that notice be afforded to the person affected by such a decision is fundamental to the achievement of fairness: it is the essential foundation of virtually all of the other procedural fairness protections. [...] This is particularly important here given the Department’s history of dealings with the Applicant over the years which indicated that he had been quite consistent in keeping it apprised of his whereabouts and had not infrequently initiated contact.
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1,307.
Air Canada v. AIS Infonetics Inc. - 2009 FC 668 - 2009-06-26
Federal Court DecisionsThe thrust of his affidavit deals with reservations and ticket purchase. [...] • 1) At paragraph 6, Mr. Huegel stated: “The activities complained of in the crossclaim of AIS are “fairly recent”... [...] In such cases, the applicant must show a fair prima facie case (see Aetna at paragraphs 7, 8, 10, 26, 28 and 30).
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1,308.
Nadarasa v. Canada (Citizenship and Immigration) - 2009 FC 1112 - 2009-10-29
Federal Court Decisions[16] But first, I shall deal with the motion brought by the respondent pursuant to s. 87 of the IRPA. [...] The question is whether the applicant had the opportunity of dealing with the evidence. [...] This is what the long-established authorities indicate the rules of procedural fairness require.
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1,309.
Ramay v. Canada (Citizenship and Immigration) - 2007 FC 954 - 2007-09-24
Federal Court Decisions[20] For these reasons, I am of the view that, in this instance, there has not been a breach of procedural fairness. [...] The Board admitted that in the past the police were often ineffective in dealing with Sunni/Shia sectarian violence. [...] Nevertheless, it found there have been serious and dramatic changes when dealing with sectarian violence.
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1,310.
Chowdhury v. Canada (Minister of Citizenship and Immigration) - 2003 FCT 744 - 2003-06-13
Federal Court Decisions[27] The findings of the Board dealing with the applicant's role and participation in the AL and his knowledge of the AL in human rights violations are findings of fact. [...] [42] On judicial review, Lutfy A.C.J. held that the applicant's right to procedural fairness had been breached. [...] I find that this is insufficient to ensure procedural fairness at the hearing.
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1,311.
Sheikh v. Canada (Citizenship and Immigration) - 2020 FC 199 - 2020-02-05
Federal Court Decisionsa) la demande de parrainage est faite par une personne qui, ayant indiqué — durant la période durant laquelle elle pouvait le faire — son intérêt à faire une demande de parrainage par les moyens mis à disposition par le Ministère à cette fin, a été invitée à faire sa demande après avoir été sélectionnée au hasard par le [...] b) la demande de parrainage a été reçue par le Ministère dans les 90 jours suivant le jour où le Ministère lui a envoyé une invitation à faire une demande de parrainage; [...] The Minister is not responsible for that vast number and requires the discretionary flexibility to devise ways of dealing with it.
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1,312.
Boubard v. The Queen - 2008 TCC 133 - 2008-03-06
Tax Court of Canada JudgmentsHe indicated he is on the Reserve a great deal for family functions, buying fuel, attending the rink, etcetera. [...] (a) The Indians would be given a fair chance to obtain work at the mill. [...] [39] Before doing so, I emphasize that I am dealing with a tax on personal property, not on real property.
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1,313.
Naeem v. Canada (Citizenship and Immigration) - 2007 FC 123 - 2007-02-07
Federal Court Decisions[2] These reasons deal with all three applications and a copy shall be placed on each file. [...] Procedural fairness requires that the officer must render a decision in a timely manner. [...] Section 13 of ENF 2/OP 18 deals with ministerial relief. In section 13.6 the concept of national interest is explained as follows:
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1,314.
Siddique v. Canada (Citizenship and Immigration) - 2022 FC 964 - 2022-06-28
Federal Court DecisionsBased on this, the RAD accepted the Applicants’ request to file new evidence regarding the mafia organization, as well as new country condition information dealing with the rise of Hindu nationalism in India, India-Pakistan relations, and visa information regarding the Co-Applicant. [...] It is not necessary to deal with this at length, because the Applicants did not seek to rely on these portions of the evidence, and so they were given no weight in my consideration of the matter. [...] [28] The failure to hold an oral hearing did not deny the Applicants a fair procedure.
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1,315.
Sharma v. Canada (Citizenship and Immigration) - 2020 FC 381 - 2020-03-13
Federal Court DecisionsHe also contends that the Officer breached the rules of procedural fairness by approaching his file with bias and a closed mind. [...] Furthermore, in all respects, the Officer met the procedural fairness requirements in dealing with Mr. Sharma’s application and did not exhibit any reprehensible form of bias. [...] Furthermore, in all respects, the Officer met all procedural fairness requirements in dealing with Mr. Sharma’s application and did not exhibit any reprehensible form of bias.
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1,316.
Difederico v. Amazon.com, Inc. - 2023 FC 1156 - 2023-08-28
Federal Court Decisions[86] Section 45 is situated in Part VI of the Act, which deals with criminal offences in relation to competition. [...] (4) Analysis of the Fair Pricing Policy (a) Introduction [165] Amazon published the Fair Pricing Policy on its website for Third Party Sellers in November 2017. [...] (a) to limit unduly the facilities for transporting, producing, manufacturing, supplying, storing or dealing in any product,
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1,317.
Banda v. Canada (Citizenship and Immigration) - 2010 FC 678 - 2010-06-22
Federal Court Decisions[19] The next issue is to determine if Ms. Landin Banda was denied a fair hearing. [...] The issue is whether she was denied a fair hearing, and not whether Mr. Arenas Pareja ought to have been deported while he was under a summons. [...] [24] The panel has a great deal of latitude, greater than that of this Court, in the manner in which it receives evidence.
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1,318.
Holy Alpha and Omega Church of Toronto v. Canada (Attorney General) - 2009 FCA 265 - 2009-09-15
Federal Court of Appeal Decisions[4] As a result of the audit, the CRA wrote a so-called administrative fairness letter to the Charity on November 27, 2007. [...] e) Board of directors: Two of the four members of the Charity’s board of directors did not appear to deal with each other at arm’s length, which violated the requirement that more than 50% of the directors must deal at arm’s length. [...] In it, the Minister stated an intention to revoke the registration of the Charity as a registered charity for the reasons described in the administrative fairness letter.
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1,319.
Dissanayakage v. Canada (Minister of Citizenship and Immigration) - 2004 FC 582 - 2004-04-20
Federal Court DecisionsIt was contrary to s. 172, and a breach of procedural fairness, Mr. Dissanayakage says, for the Minister's delegate to consider the PRRA officer's supplementary opinion. [...] [17] I am not persuaded that there has been a breach of procedural fairness here. [...] [1] See Sidhu v. Canada (Minister of Citizenship and Immigration), 2004 FC 39 for a discussion of the jurisprudence dealing with this question.
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1,320.
Blake v. Canada (Minister of Citizenship and Immigration) - 2002 FCT 187 - 2002-02-25
Federal Court DecisionsThe applicant contends that such a finding may ultimately be permissible but not without a fair and appropriate process. [...] That is not the end of the matter, however, since this judicial review deals with a second H & C application which is based on his second and current wife's sponsorship of him as a member of the family class. [...] [22] Because of my disposition of the second issue, it is not necessary for me to deal with Issue 3.
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1,321.
Univers Gym Fitness Inc. v. The Queen - 2015 TCC 216 - 2015-09-01
Tax Court of Canada JudgmentsAt the core of this exercise of discretion is the facilitation of a fair and expeditious hearing. [...] Rather, the provision was intended to provide Tax Court Judges with the necessary flexibility to enable them to deal as informally and expeditiously with an appeal as the circumstances of the case and considerations of fairness allow (see, for example, Ainsley v. Canada [1997] F.C.J. No. 701). [...] 2- The recipient of the supply must have been dealing with the supplier at arm’s length.
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1,322.
Girouard v. Inquiry Committee Constituted Under the Procedures for Dealing With Complaints Made to the Canadian Judicial Council About Federally Appointed Judges - 2014 FC 1175 - 2014-12-05
Federal Court DecisionsTHE INQUIRY COMMITTEE CONSTITUTED UNDER THE PROCEDURES FOR DEALING WITH COMPLAINTS MADE TO THE CANADIAN JUDICIAL COUNCIL ABOUT FEDERALLY APPOINTED JUDGES [...] Judicial resources are limited and should be saved to ensure that all people have equal, timely and fair access to courts. [...] MICHEL GIROUARD v THE INQUIRY COMMITTEE CONSTITUTED UNDER THE PROCEDURES FOR DEALING WITH COMPLAINTS MADE TO THE CANADIAN JUDICIAL COUNCIL ABOUT FEDERALLY APPOINTED JUDGES AND THE ATTORNEY GENERAL OF CANADA
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1,323.
Sigouin v. National Bank of Canada - 2008 FC 95 - 2008-01-24
Federal Court DecisionsA disciplinary dismissal clearly has a punitive connotation, since it is intended to deal severely with negligent acts or misconduct by an employee. [...] [29] The adjudicator concluded that the procedure used by the respondent in getting rid of the applicant was fair. [...] The Federal Court of Appeal per Pratte J.A. set out the criteria for analysis of whether a dismissal is fair.
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1,324.
Sawridge Band v. Canada - 2006 FC 656 - 2006-05-30
Federal Court DecisionsBut, in my view, the fairness and integrity of our judicial system demands that appearance of bias applications not be handled with coyness. [...] Q. Can you tell me why you say the Court of Queen=s Bench might be more inclined to be fair to your case than the Federal Court? [...] If the trial judge was considered fair game, who among opposing counsel could possibly feel safe from attack?
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1,325.
Tar v. Canada (Citizenship and Immigration) - 2014 FC 767 - 2014-07-31
Federal Court DecisionsEvidence of the actions taken by police to address notorious, well-publicized, serial killings is of little persuasive value in showing how the police deal with more common criminals. [...] Procedural Fairness – Date Discrepancy [62] Mr. Tar made a mistake about the date when the tram incident occurred. [...] [68] The RPD deals with this issue in the Decision in the following way: